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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANOJ KUMAR GUPTA, RAM MANOHAR NARAYAN MISHRA, JJ.
Kiran Pal and Others – Petitioners
Versus
State of U.P. and Others – Respondents
Writ (C) No. 20156 of 2022
Decided On : 30-08-2022
Illegal Constructions - U.P. Industrial Area Development Act, 1976 - Section 2(d), Section 10 - Summary: The court addressed the legality of constructions raised by the petitioners over Khasra No. 734, which is notified as an 'industrial development area' and flood plain zone of river Yamuna under the U.P. Industrial Area Development Act, 1976. The court referred to the Act's provisions and a Government Order directing removal of unauthorized constructions in flood plain zones. The court found that the constructions were illegal and unauthorized, leading to the dismissal of the petition.
Fact of the Case:
A demolition notice was issued to the petitioners for raising illegal constructions over Khasra No. 734, notified as an 'industrial development area' and flood plain zone of river Yamuna under the U.P. Industrial Area Development Act, 1976. The petitioners contended that the constructions were old and made prior to the constitution of the NOIDA Authority in 1976.
Finding of the Court:
The court found that the constructions were illegal and unauthorized, as they were raised without permission in an industrial development area and flood plain zone, leading to the dismissal of the petition.
Issues: The issues involved the legality of the constructions raised by the petitioners over Khasra No. 734, the timing of the constructions in relation to the constitution of the NOIDA Authority, and the compliance with building regulations under the U.P. Industrial Area Development Act, 1976.
Ratio Decidendi: The court held that the constructions were illegal and unauthorized as they were raised without permission in an industrial development area and flood plain zone, in violation of the U.P. Industrial Area Development Act, 1976.
Final Decision: The petition lacked merit and was dismissed, with a clarification that the petitioners are free to adjudicate their rights in appropriate proceedings.
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 constructions. The notice makes reference to Section 10 of the Act and directs the petitioners to forthwith stop further development and remove the constructions made so far, failing which, the same will be demolished by the Authority and the expenses incurred in this behalf shall be recovered from the petitioners as arrears of land revenue. The notice further mentions that in case the petitioners have any sanctioned plan or rely on any other document, it shall be open to them to file their reply within fifteen days, failing which, it will be assumed that the petitioners have nothing to say in the matter.
4. The petitioners being aggrieved by the said notice approached this Court by way of Writ (C) No. 692 of 2022 contending that the constructions are old and were made prior to constitution of the NOIDA Authority in the year 1976. It was also the case of the petitioners that they had already replied to the demolition notice, but without deciding the same, the NOIDA Authority was threatening to demolish the constructions. The writ petition was disposed of by an order dated 28.1.2022 with direction to respondent no. 2 to pass a reasoned order, taking into consideration the objections filed by the petitioners. It is in compliance of the said direction that the impugned order has now been passed.
5. The impugned order records as follows:
(a) Plot No. 734 is notified as ‘industrial development area’ and is flood plain zone of river Yamuna.
(b) The notification of the village in which Khasra No. 734 lies as industrial development area under Section 2 (d) of the Act, was issued on 11.07.1989. No development work in any area notified under Section 2 (d) can be undertaken without the permission of NOIDA Authority.
(c) The State Government had issued a Government Order dated 16.3.2010 directing that all unauthorized constructions in flood plain zone be removed forthwith.
(d) Tehsildar, Dadari in his report dated 20.4.2022 has mentioned that Khasra No. 734 is recorded as banjar in khatauni of 1427 - 1432 fasali. There is no evidence of the said plot being allotted for agricultural purposes.
(e) Since Khasra No. 734 is notified as ‘industrial development area’ and is flood plain zone, therefore, the constructions raised by the petitioners without approval of NOIDA Authority are in clear violation of Section 2 (d) read with Section 10 of the Act.
6. On 21.07.2022, the following order was passed:
“Supplementary affidavit filed today is taken on record.
It is submitted by Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of Noida Authority that except for a bald plea that constructions were old and raised prior to the area being declared as notified area no evidence in this behalf was led by the petitioners. This was despite the fact that notice specifically mention
AI
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