E-Paper
Maintain status quo with regard to constructions in floodplain zone of Gautam Buddh Nagar: HC
In its recent notice regarding illegal farm houses and other constructions within the floodplain zone of river Yamuna/Hindon at Gautam Buddh Nagar, Noida, the Allahabad High Court directed the parties concerned and the district administration to maintain status quo for 20 days.
The Allahabad High Court has directed the parties concerned and district administration of Gautam Buddh Nagar to maintain status quo for 20 days regarding Noida authority’s recent notice related to alleged illegal farm houses and other constructions built within the floodplain zone of river Yamuna/Hindon at Gautam Buddh Nagar, Noida.
The court passed this order on June 14 in response to a petition filed by Harit Kisan Kalyan Samiti, challenging the public notice issued by Noida authority on June 8, 2022, which stated that alleged illegal farm houses and constructions built on the flood bank area are liable to be demolished.
Disposing of the writ petition filed, a division bench comprising Justice Manoj Kumar Gupta and Justice Sameer Jain permitted the petitioner-society and its members to file objection within ten days in pursuance of the public notice dated June 8.
The court further directed the chief executive officer (CEO) of Noida to decide the objections by a speaking order.
In the present plea, the petitioner had challenged a public notice issued by New Okhla Industrial Development Authority (Noida) stating that in the notified area (floodplain zone), falling under its jurisdiction, no construction activity was permissible without its approval.
The notice by Noida authority read “Recently a number of illegal constructions have been raised in the development area which is floodplain zone of river Yamuna/Hindon and that too without getting any building plan sanctioned. Hence, all constructions in the notified area/flood plain zone are illegal and should be removed forthwith, failing which, it would be demolished by the Noida authority.”
The counsel for the petitioner submitted that most of the constructions raised by members of the petitioner-society date back to 2010 and now the Noida authority had issued public notice threatening to demolish the same. It was further submitted that the members of the petitioner-society have not been served with any individual notice and merely on the basis of the said public notice dated June 8, the authority was threatening to demolish the constructions.
Additional advocate general Manish Goyal invited the attention of the court towards various proceedings and reports submitted before the National Green Tribunal (NGT) by Yamuna Monitoring Committee and tried to contend that the Noida authority while issuing public notice had acted in accordance with the law.
On a query made by court as to whether there was in existence any individual demolition orders against members of the petitioner-society or other persons who are getting affected by the said public notice, AAG admitted that there was no individual order in existence.
He said it was difficult for the authority to identify actual owner/occupier of the plot/land over which such constructions have been raised, therefore, no individual notice/order has been issued so far.
He, however, stated that in case, the petitioner-society and its members file objection in pursuance of public notice, treating it to be a show cause notice, the Noida authority will decide the same and not take any action, till the disposal of the objection.
The order was passed on June 14 and was made public on Thursday.
