Proposed Demolition Of Farm Houses On Yamuna Active Flood Plain: Allahabad HC Orders Status Quo, Seeks Reply From NOIDA, NMCG

The bench of Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh has also granted Status Quo with respect to the property of a farm land owner against any coercive action taken by the NOIDA AuthorityThe hearing of the petition will be held in the second week of July.

The Court passed this order in the plea of one Ratna Mitra, a farm owner, who had moved the Court against the wrongful rejection by NOIDA dated 14.02.2023 of its objections/representation to a public notice whereby NOIDA had directed the demolition of farmhouses in sector 135 in a blanket manner on the pretext of the same being built on flood plain region of River Yamuna.

Appearing for the petitioner, Senior Counsel V. K. Singh assisted by Aishwarya Sinha and Devika Kapoor contended that New Okhla Development Authority (NOIDA) do not have the necessary jurisdiction to order for the demolition of farmhouses, especially when no demarcation of the floodplain has been done.

It was also pointed out to the court that NOIDA has failed to deal with the specific objections raised by the farm owner qua the jurisdiction of NOIDA itself.

Thereafter, the Counsels for Petitioner further submitted that the Central Government have issued a notification dated 07.10.2016 vide which National Mission for Clean Ganga Committee was constituted and a few of its many objectives is to demarcate review and assess the active flood plain area at river Ganga and its tributaries.

It was contended that to date no such demarcations or assessments have been carried out by the committee in Sector 135 Noida.

After hearing the contention on behalf of the farm owner, the Court directed the parties to maintain the status quo, thereby staying any coercive action taken by NOIDA until further proceedings. NOIDA and NMCG have failed to file any response to the Petition to date and have been granted a further opportunity to file their respective counter affidavit.

It is also the case of the petitioner that there are many farmhouses in the disputed area and when the Authority issued a public notice of demolition terming them as illegal constructions, the objections were filed, however, without considering the same, the authority decided to go ahead with the demolition drive.

It was also submitted that the farmhouse of the petitioner does not come in the Yamuna River flood area and that the land was purchased from the local farmers and that the farmhouses were constructed as per government rules.

Having heard the counsels, the Court ordered status quo and directed the respondents to file their counter affidavit in two weeks.