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MANOJ KUMAR GUPTA, RAM MANOHAR NARAYAN MISHRA
Kiran Pal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Ashish Kumar Singh for the petitioners, learned standing counsel for respondents no. 1 and 4 and Mrs. Anjali Upadhya for respondents 2 and 3.
2. The petitioners have prayed for quashing of an order dated 13.5.2022 passed by respondent no. 1 i.e. Chief Executive Officer, NOIDA, Gautam Budh Nagar. By the said order, the representation filed by the petitioners in response to a notice dated 20.12.2021 issued by respondent no. 2 (NOIDA) has been decided in compliance of order dated 28.1.2022 passed by this Court in Writ (C) No. 692 of 2022. The objection of the petitioners has been rejected and it has been held that the constructions raised by the petitioners over Khasra No. 734 are illegal and unauthorised and are therefore liable to be demolished.
3. In brief, the facts necessary for disposal of the instant petition are that a demolition notice was issued to the petitioners on 20.12.2021 by respondents no. 3 and 4 mentioning that Khasra No. 734 is land notified as ‘industrial development area’ under Section 2 (d) of the U.P. Industrial Area Development Act, 1976. It is flood plain zone of river Yamuna and whereupon the petitioners were found raising illegal constr
The main legal point established is that constructions in an industrial development area and flood plain zone must comply with building regulations and obtain permission under the U.P. Industrial Are....
Point of Law : The assessment of a building to tax cannot legalise an illegal and unauthorisedly constructed building. Assessment of tax cannot operate as estoppel against the statutory power conferr....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Regulatory authorities cannot arbitrarily deny building permits without valid statutory reasons, especially when ownership rights are undisputed.
Regulatory powers of NOIDA cannot arbitrarily deny building permits; valid ownership rights must be respected and decisions must be backed by statutory reasons.
A development authority has jurisdiction over areas included in its master plan. Principles of natural justice, specifically the right to a hearing, are flexible; an order is not invalidated by the a....
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