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Allahabad HC upholds landowners' plea, orders status quo in Noida demolition case

Synopsis

The Allahabad High Court has directed the Noida Authority to maintain the status quo regarding a demolition notice in Wajidpur village until the petitioners' objections are resolved. The petitioners argue that the land was previously declared as abadi land and that the new notice could lead to eviction and demolition without considering their concerns. The court has instructed the Authority to address these objections within six weeks while ensuring all stakeholders are heard. This decision highlights ongoing conflicts over land use and authority jurisdiction in Noida's urban development efforts.

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The Allahabad High Court has ordered the Noida Authority to maintain the status quo regarding a demolition notice in Wajidpur village until the objections raised by the petitioners are addressed. Additionally, the court has prohibited the petitioners from undertaking any further construction on the disputed site or creating third-party interests. This ruling follows a petition filed by a group of landowners from Wajidpur village, who are challenging a notice issued by the Authority on 23 July 2024.

The counsel for the petitioners argued 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. The petitioners asserted that, despite a pending civil suit and an interim injunction granted by a local court, the Noida Authority attempted to interfere with their possession of the land.

The petitioners stated that the Noida Authority had earlier issued a notice under Section 10 of the UP Industrial Area Development Act on 5 April 2024, which they challenged in the high court. The HC bench permitted the Authority to proceed in accordance with the law. However, the petitioners argued that the new notice issued on 23 July 2024 could result in their eviction and the demolition of their property without properly considering their objections.

The Authority, on the other hand, maintained that it was entitled to take necessary actions concerning the disputed land since it lies within its territorial jurisdiction. However, after hearing both parties, the court recognised the petitioners' concerns about the potential harm if their objections were not properly addressed. The court instructed the Authority to resolve the petitioners' objections within six weeks, ensuring that all stakeholders have an opportunity to present their case.

The court, in its order issued on 20 August, stated that in the interest of justice, the writ petition was disposed of with the observation that the objections raised by the petitioners should be decided in accordance with the law as expeditiously as possible, preferably within six weeks from that day, and only after providing an opportunity to all stakeholders involved. The court directed that until the objections were resolved, the parties must maintain the status quo regarding the disputed property, and the petitioners were prohibited from carrying out further construction on the disputed site or creating any third-party interests.

The Allahabad High Court's ruling reflects a balanced approach to the dispute over the land in Wajidpur village, where the Noida Authority's demolition notice is being contested by landowners. By ordering the maintenance of the status quo and ensuring that the petitioners' objections are addressed within six weeks, the court has sought to protect the petitioners from potential harm while allowing the Authority to act within its legal jurisdiction. The decision underscores the court's emphasis on due process and the fair consideration of all parties' concerns, ensuring that justice is served while preventing further complications or escalation of the dispute.

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