Allahabad HC Orders Noida to Halt Wajidpur Demolition

03 Sep 2024 CW Team

This directive followed a petition filed by a group of landowners from Wajidpur village, challenging a notice issued by the Authority on July 23, 2024.

The petitioners' legal representative contended that the land in question had been designated as abadi land under a section of the UP Revenue Code by the additional district magistrate (ADM) in 2014. They argued that despite an on-going civil suit and an interim injunction granted by a local court, the Noida Authority had sought to interfere with their possession of the land.

The petitioners also noted that the Noida Authority had previously issued a notice under Section 10 of the UP Industrial Area Development Act on April 5, 2024, which was contested in the high court. Although the HC bench permitted the Authority to proceed in accordance with the law, the petitioners argued that the new notice issued on July 23, 2024, could result in their eviction and the demolition of their property without adequately addressing their objections.

The Authority, on the other hand, maintained that it had the right to take necessary actions concerning the disputed land, as it falls within its jurisdiction.

After reviewing both parties' arguments, the court recognized the petitioners' concerns about potential harm if their objections were not properly considered. It directed the Authority to address the objections filed by the petitioners within six weeks, ensuring that all parties involved have the opportunity to present their case.

The court's order, issued on August 20, stated: "In the interest of justice, we dispose of the writ petition with the observation that the objections of the petitioners shall be decided expeditiously and preferably within six weeks from today, while ensuring an opportunity for all stakeholders to be heard. Until the resolution of these objections, the status quo concerning the disputed property must be maintained. Additionally, the petitioners are restrained from undertaking further construction on the disputed site or creating third-party interests."

The Allahabad High Court instructed the Noida Authority to maintain the status quo regarding a demolition notice issued for Wajidpur village until the objections raised by the petitioners are resolved. Additionally, the court prohibited the petitioners from undertaking any further construction on the disputed site or establishing any third-party interests. This directive followed a petition filed by a group of landowners from Wajidpur village, challenging a notice issued by the Authority on July 23, 2024. The petitioners' legal representative contended that the land in question had been designated as abadi land under a section of the UP Revenue Code by the additional district magistrate (ADM) in 2014. They argued that despite an on-going civil suit and an interim injunction granted by a local court, the Noida Authority had sought to interfere with their possession of the land. The petitioners also noted that the Noida Authority had previously issued a notice under Section 10 of the UP Industrial Area Development Act on April 5, 2024, which was contested in the high court. Although the HC bench permitted the Authority to proceed in accordance with the law, the petitioners argued that the new notice issued on July 23, 2024, could result in their eviction and the demolition of their property without adequately addressing their objections. The Authority, on the other hand, maintained that it had the right to take necessary actions concerning the disputed land, as it falls within its jurisdiction. After reviewing both parties' arguments, the court recognized the petitioners' concerns about potential harm if their objections were not properly considered. It directed the Authority to address the objections filed by the petitioners within six weeks, ensuring that all parties involved have the opportunity to present their case. The court's order, issued on August 20, stated: In the interest of justice, we dispose of the writ petition with the observation that the objections of the petitioners shall be decided expeditiously and preferably within six weeks from today, while ensuring an opportunity for all stakeholders to be heard. Until the resolution of these objections, the status quo concerning the disputed property must be maintained. Additionally, the petitioners are restrained from undertaking further construction on the disputed site or creating third-party interests.

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