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Allahabad HC directs Noida authority to maintain status quo in Wajidpur demolition, ET RealEstate


<p>File photo </p>
File photo

NOIDA: The Allahabad High Court directed Noida Authority to maintain the status quo regarding a demolition notice in Wajidpur village until objections filed by the petitioners are resolved. The court also restrained the petitioners from carrying out any further construction on the disputed site or creating third-party interests.

The order came as a response to a petition filed by a group of landowners from Wajidpur village challenging a notice issued by the Authority on 23 July 2024.

The petitioners’ counsel argued that the land in question had already been declared as abadi land under a section of the UP Revenue Code by the additional district magistrate (ADM) in 2014. The petitioners claimed that despite an ongoing civil suit and an interim injunction granted by a local court, Noida Authority attempted to interfere with their possession of the land.

According to the petitioners, Noida Authority had previously issued a notice under Section 10 of the UP Industrial Area Development Act on 5 April 2024, which was challenged in the high court. The HC bench allowed the Authority to proceed in accordance with the law. However, the petitioners contended that the fresh notice issued on 23 July 2024 could lead to their eviction and the demolition of their property without due consideration of their objections.

The Authority, meanwhile, argued that it was within its rights to take necessary actions regarding the disputed land, as it falls within the territorial jurisdiction of the Authority.

However, after hearing both sides, the court acknowledged the petitioners’ concerns regarding the potential harm if their objections were not duly considered. It directed the Authority to resolve the objections filed by the petitioners within six weeks, ensuring that all stakeholders are given an opportunity to present their case.

“In the interest of justice, we dispose of the writ petition with the observation that the objections of the petitioners shall be decided in accordance with law expeditiously and preferably within six weeks from today but certainly after giving an opportunity to all the stakeholders in the matter. Until the disposal of the said objection, the parties shall maintain the status quo as of today concerning the property in dispute. The petitioners are also restrained from raising further construction over the disputed site or creating third-party interest,” read the court order issued on Aug 20.

The Noida Authority has been carrying out a drive against illegal buildings in several Noida villages.

  • Published On Sep 2, 2024 at 02:00 PM IST

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