Court reprimands Noida and Greater Noida Authorities: Points out Irregularities committed by the two authorities. Sets aside Noida DMs order requiring farmers to obtain no objection certificate for selling their agricultural land:
By Rajesh Pandey
The Allahabad High Court has set aside an order of DM, Gautam Budh Nagar whereby farmers were required to obtain a ‘no objection certificate’ for selling their agricultural land located in flood plain zone of Yamuna and Hindon rivers in NOIDA and Greater Noida.
Disposing of a bunch of writ petitions filed by Suresh Chand and others, a division bench comprising Justice Mahesh Chandra Tripathi and Justice Pashant Kumar said, “It is clear that the impediments so created by resolution dated September 30, 2020, office memorandum dated October 1, 2020 and government order dated July 8, 2024 has no relation with Disaster Management Act, 2005 and hence, the restrictions are found to be illegal and are, accordingly, set aside”.
The court added, “Respondents NOIDA authorities cannot cover their mistakes by imposing conditions which have no rationale with the Act under which such conditions are imposed. As far as reasonable restrictions are concerned, to mitigate any kind of future disaster and loss of human life and property it is imperative to lay down reasonable restrictions and to check on illegal/unauthorized constructions coming up in flood plain zone”.
The court in its decision dated August 22 also came down heavily on NOIDA authorities for their failure to check unauthorized constructions in flood plain zone, saying, “It is an undisputed fact that no illegal construction could have come up in flood plain zone until and unless the same is carried out with the connivance of officers of the authority. It is surprising to see that the authorities had not taken any action against the officers, who had allowed such kind of construction to come up in flood plain zone but they are keen to create impediments and hurdles for the farmers, who want to sell the agricultural land. We fail to understand how in the presence of the authority and its officers, such illegal constructions in floodplain zones have been coming up. It is even more surprising to see that now the respondents have relegated the vendors to go to the same authority to take a “No Objection Certificate”. It is just like asking “fox to guard the henhouse”. The authorities which is responsible for the mushrooming of illegal colonies in the floodplain zone are now being asked to give a “No Objection Certificate”. In our considered view, this amounts to complete mockery of the system”.
In the present case, the petitioners were the owners and in possession of agricultural land in different revenue villages falling in Gautam Buddh Nagar. Since they were in dire need of money, and wanted to sell their respective agricultural land, and when they tried to sell the land, they came to know that a decision had been taken by the respondent’s NOIDA authorities “not to register the sale deeds of the agriculture land lying in the ‘Flood Plain Zone’ falling within the territorial jurisdiction of NOIDA and Greater NOIDA”. It revealed that the aforesaid decision was taken in the exercise of the powers granted under the UP Industrial Area Development Act, 19761, and in the exercise of powers conferred under sections 25 and 34 of the Disaster Management Act, 2005. It seemed that the respondents had resolved that in case of transfer of any agricultural land, the vendor has to get a “No Objection Certificate” to the effect that the land sought to be transferred does not consist of any illegal/unauthorized construction. Hence, the petitioners-farmers filed the present writ petition challenging the aforesaid orders.