The Allahabad excessive court docket has ordered homeowners of farmhouses to halt additional construction on land situated within the Yamuna flood plain. In its order delivered on June 7, the court docket has additionally mandated the Noida authority, which has already demolished a minimum of 32 farmhouses and issued a warning to others in regards to the dangers of constructing on the river mattress, to resolve the objections raised by farmhouse homeowners inside 30 days, in accordance to the legislation.
The order stated that the petitioners might elevate any objectionable grounds, together with questioning the Noida authority’s competence to order demolition. The ruling famous that the petitioners wouldn’t proceed construction on the flood plains and additional directed that the suitable resolution by the authority needs to be taken inside 30 days of the licensed copy of the court docket order and that till a choice is reached, no additional demolition is permitted per the June 8, 2022, discover. Petitioners have three weeks to file objections, stated the order, delivered by a bench of justice Ajit Kumar and justice Vikas Budhwar.
The homeowners of a minimum of 100 farmhouses filed a writ within the Allahabad excessive court docket after the Noida authority issued a public discover on June 8, 2022, saying that farmhouses constructed on the Yamuna River flood plains had been unlawful and due for demolition per a number of directives from the Nationwide Inexperienced Tribunal (NGT).
The advocate of Vijay Kher, a farmhouse proprietor and one of many petitioners, stated that “not solely objections have been filed to the discover (public), however even the land in query has not been acquired by the Noida authority to prohibit petitioners from constructing. It is usually argued that pending objection earlier than the competent authority, propriety demanded that any demolition ought to have been carried out solely after the choice was taken by the authority.”
The advocate for the Noida authority stated the petitioners’ objections can be handled in accordance to the legislation. Following the excessive court docket’s resolution, farmhouse homeowners can now file objections to the demolition discover, and the authority should resolve these objections inside 30 days.
“We are going to course of the functions of the farmhouse homeowners as soon as submitted, as we have now achieved prior to now,” stated a Noida authority official.
In accordance to officers, roughly 2,000 farmhouses have been illegally constructed on the Yamuna flood plains.
“Will probably be open for the petitioners to elevate all such grounds as could also be out there to them or could also be suggested together with the bottom concerning competence of the authority in issuing orders for demolition over and above the land in query. It’s given to perceive that the petitioners shall additionally not be elevating any additional construction over the land in query. The suitable resolution shall be taken by the authority inside a interval of 30 days of manufacturing of licensed copy of this order. It is usually hereby offered that till the choice is taken by the authority competent within the matter, no additional demolition train shall be carried out pursuant to the discover issued on 08.06.2022. It’ll stay open for the petitioners to file objection inside a interval of three weeks from at the moment,” stated the order.
The Noida authority sporadically carries out demolition drives towards unlawful farmhouses. Regardless of this, the sale of farmhouse plots on the Yamuna River, flowing between Delhi and Noida, continues unabated. Authority officers stated that a whole bunch of farmhouse homeowners had constructed everlasting homes, banquet falls, golf equipment and different industrial buildings on the Yamuna floodplain, inflicting ecological injury.
Akash Vashishtha, an environmentalist, stated, “The Noida authority ought to eradicate all unlawful constructions in Yamuna’s flood zone as a result of farmhouse homeowners are dumping their waste into the river and destroying its flora-fauna, main to the sluggish loss of life of the river. Why is the authority not demolishing all unlawful constructions regardless of a number of directives from the Nationwide Inexperienced Tribunal?”
