The Allahabad High Court has stayed the Noida Authority's denial of construction permits to Satya Homes Pvt Ltd and others, instructing the Authority to reconsider the applications following proper legal procedures. The court highlighted that blanket restrictions without valid justification were not permissible. A fresh site inspection is to be conducted in November, with a report due by mid-November, allowing affected parties to raise objections before the next hearing scheduled for December.
The Allahabad High Court has put a hold on an order issued by the Noida Authority, which had denied permission to Satya Homes Pvt Ltd and others to proceed with construction on land they acquired in Sector 161. The court stated that the Authority is required to provide solid and legally sound justifications for rejecting building permits.
The petitioners purchased 9,571 square metres of land in 2015 and applied for permission from the Authority two years later to construct a guesthouse and clubhouse in Gulawali village. However, the Authority rejected their application the following day, stating that the land they had acquired was part of a notified area designated for future acquisition for institutional development in Sector 161.
Satya Homes contested the Authority's decision at the High Court, which instructed the Authority to overturn the initial denial and commence new proceedings. However, the Authority subsequently rejected another application from Satya Homes a few months later, leading the company to file a writ petition in April 2019. The court merged this petition with another submitted by Kiran Devi and others, who encountered similar rejections.
Kiran Devi's case involved a plot of land that had previously been utilised for residential purposes and was classified as non-agricultural under the UP Zamindari Abolition and Land Reforms Act. She acquired the land in March 2015 through registered sale deeds with the intention of building a house. Sixty-four families in the same area also purchased land but were unsuccessful in obtaining permission from the Authority to commence construction.
The petitioners contended that the Authority's claim regarding the land being designated for institutional development was unfounded, as no steps had been taken to acquire the plots thus far. They requested an order directing the Authority to permit constructions, asserting that they had legally purchased the land.
The Authority's counsel argued in court that the land was not part of abadi and that the petitioners had breached the Building Regulations, 2010, by commencing construction without obtaining permission. Additionally, they noted that a proposal to acquire the land in the area had been submitted to the Additional District Magistrate (Land Acquisition) as far back as October 2012.
The counsel further informed the court that the Authority had already acquired a portion of the land and was in the process of taking possession of the remaining area. The Authority also claimed that the petitioners were involved in fragmenting the land, selling smaller plots, which contradicted the planning objectives for institutional development. Earlier this week, the court noted that while the Authority had the regulatory powers to oversee construction within its jurisdiction, it could not impose blanket restrictions without valid justification.
In a ruling that set aside the Authority's denial of permission, the bench of Justices Mahesh Chandra Tripathi and Vikas Budhwar instructed the Authority to reconsider the petitioners' application in accordance with proper procedures and legal guidelines. The court directed the Authority to conduct a fresh site inspection of the land in November and to provide a copy of the report to the petitioners by November 14. The petitioners and other affected parties will have ten days to submit their objections. The order stated that the matter stands remitted back to the Chief Executive Officer of the Noida Authority to pass a fresh order in accordance with the law. The next hearing is expected to occur in the second week of December.
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