Allahabad HC Upholds Urban Planning: Unauthorized Shops in Noida Residential Area to be Removed

                NOIDA: The Noida authority is set to demolish the shops built in violation of the building bylaws in Gardenia Gateway society in Sector 75 after the Allahabad high court issued a 
demolition order following residents’ plea for an action.
The decision to demolish shops came after the Allahabad high court dismissed a petition, challenging the demolition order of the Noida authority against illegally built shops in the 
Gardenia Gateway project. The court upheld the authority’s decision on the ground that the occupants had no legal right to the properties due to absence of an occupancy certificate 
and sub-lease deed.
The petition, meanwhile, was filed by a group of buyers, seeking quashing of the demolition order dated August 9, 2024. The authority’s order directed to demolish shops and kiosks 
built on front and side setbacks without official approval.

The petitioners, who had been allotted shops in the complex by the developer, challenged the authority’s order on the grounds that they had not been served any independent notice 
before the action was taken.
However, the court, comprising justices Manoj Kumar Gupta and Anish Kumar Gupta, observed that the petitioners’ possession was unauthorised.

The developer had handed over shops’ possession to allottees without obtaining an occupancy certificate from the Noida authority. On January 22, the court noted that the agreement 
between the petitioners and the developer clearly stipulated that possession could only be granted after the execution of a sub-lease deed, which had not been done.
During the hearing, the petitioners’ counsel conceded that no occupancy certificate had been issued for shops. The Noida authority argued that the petitioners’ possession was illegal 
as the constructions contravened building norms.
Citing a recent Supreme Court judgment in a recent case, the high court emphasised that unauthorised occupations could not be allowed. The apex court had directed authorities to 
undertake strict action against such violations.
Dismissing the petition, the court ruled that granting the petitioners a hearing would serve no purpose, given the clear violations. It further stated that the petitioners could seek legal 
recourse against the developer to recover their payments or pursue any other remedy available under law.
Residents had sought that the Noida authority must demolish all illegal shops without any delay because these pose safety hazards. There are at least 400 residents living in the 
society who have filed many complaints before the Noida authority against the realtor, which has built shops at the ground floor.
“We had demanded that the Noida authority demolish these illegal shops. But they did not act initially. On court’s order, the authority demolished a few shops, and most of the units are 
yet to be demolished. We will meet the Noida authority any day this week to demand action against all illegal shops,” said Virendra Ganjoo, a resident of Gardenia Gateway society.

Source : Hindustan Times