NOIDA: The Allahabad high court has dismissed a petition challenging the demolition order issued by the Noida Authority for illegally constructed shops in the Gardenia Gateway project, located in Sector 75. The court upheld the Noida Authority’s decision, stating that the occupants had no legal right to the properties due to the absence of an occupancy certificate and sub-lease deed.
The court, comprising Justices Manoj Kumar Gupta and Anish Kumar Gupta, observed that the petitioners’ possession was unauthorised. “In absence of occupation certificate by the development authority in respect of the premises in dispute, the induction of the petitioner in the shop in question was ex facie illegal,” read the HC’s order issued on Jan 22.
Citing a recent Supreme Court judgment in a recent case, the HC emphasised that unauthorised occupations in the absence of an occupancy certificate could not be allowed. SC directed authorities to take strict action against such violations.
Noida Authority CEO Lokesh M said, “We will soon take action in the matter. The work circle concerned has been asked to submit a report in the matter. Illegal constructions will not be allowed.”
The petition had been filed by a group of buyers, seeking the quashing of the demolition order dated Aug 9, 2024 and to permit the petitioners to submit a detailed representation before the authority so that it may be decided on that basis. The order, issued by Noida Authority, directed the demolition of shops and kiosks built on front and side setbacks without approval.
The petitioners, who were allotted a shop in the complex by the developer in Dec 2016 and got the real possession in March 2018, had challenged the order on the grounds that they were not served any independent notice before the action was taken.
Prior to issuing the demolition order, on July 30, 2024, Noida Authority issued a notice to the developer wherein it was alleged that they illegally constructed shops on side and front setbacks and various other violations were pointed out. It was also that illegal possession was given to the allottees without obtaining an occupation certificate. The Authority directed the demolition of the shops and kiosks, which were unauthorisedly constructed within three days, failing which it would demolish the same.
