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NOC to sell agri land: HC sets aside Noida DM’s order

ByJItendra Sarin, Prayagraj
Aug 24, 2024 09:31 PM IST

The court in its decision dated August 22 also came down heavily on Noida authorities for their failure to check unauthorised constructions on flood plain zone

The Allahabad high court has set aside an order of DM, Gautam Buddh Nagar requiring farmers to obtain ‘no objection certificates’ for selling their agricultural land located on flood plain zone of Yamuna and Hindon river in Noida and Greater Noida.

For representation only (HT File Photo)

Disposing of a bunch of writ petitions filed by Suresh Chand and others, a division bench comprising justice Mahesh Chandra Tripathi and justice Prashant Kumar said, “It is clear that the impediments so created by resolution dated September 30, 2020, office memorandum dated October 1, 2020 and government order dated July 8, 2024 has no relation with Disaster Management Act, 2005 and hence, the restrictions are found to be illegal and are, accordingly, set aside”.

The court added, “Respondents Noida authorities cannot cover their mistakes by imposing conditions which have no rationale with the Act under which such conditions are imposed. As far as reasonable restrictions are concerned, to mitigate any kind of future disaster and loss of human life and property it is imperative to lay down reasonable restrictions and to check on illegal/unauthorised constructions coming up in flood plain zone”.

The court in its decision dated August 22 also came down heavily on Noida authorities for their failure to check unauthorised constructions on flood plain zone, saying, “It is an undisputed fact that no illegal construction could have come up in flood plain zone until and unless the same is carried out with connivance of officers of the authority.”

“It is surprising to see that the authorities had not taken any action against the officers, who had allowed such kind of construction to come up in flood plain zone but they are keen to create impediments and hurdles for farmers, who want to sell the agricultural land. We fail to understand how in the presence of the authority and its officers, such illegal constructions in flood plain zone have been coming up. It is even more surprising to see that now the respondents have relegated the vendors to go to the same authority to take “No Objection Certificate”. It is just like asking “fox to guard the henhouse”. The authority, which is clearly responsible for mushrooming of illegal colonies in the flood plain zone, is now being asked to give ‘No Objection Certificate’. In our considered view, this amounts to complete mockery of the system”.

The petitioners were the owners and in possession of agricultural land in different revenue villages falling in Gautam Buddh Nagar. When they tried to sell their land, they came to know that a decision had been taken by the Noida authorities “to not to register the sale deeds of the agricultural land lying in the ‘Flood Plain Zone’ falling within the territorial jurisdiction of Noida and Greater Noida ”.

It revealed that the aforesaid decision was taken in exercise of the powers granted under the UP Industrial Area Development Act, 1976 and in exercise of powers conferred under sections 25 and 34 of the Disaster Management Act, 2005.

It seemed that the respondents had resolved that in case of transfer of any agricultural land, the vendor has to get “No Objection Certificate” to the effect that the land sought to be transferred does not consist of any illegal/unauthorised construction. Hence, the farmers filed the present writ petition challenging the aforesaid orders.

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