KIRAN PAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ashish Kumar Singh for the petitioners, learned standing counsel for respondents no.1 & 4 and Mrs. Anjali Upadhya for respondents 2 & 3.

(2.) The petitioners have prayed for quashing of an order dtd. 13/5/2022 passed by respondent no.1 i.e. Chief Executive Officer, NOIDA, Gautam Budh Nagar. By the said order, the representation filed by the petitioners in response to a notice dtd. 20/12/2021 issued by respondent no.2 (NOIDA) has been decided in compliance of order dtd. 28/1/2022 passed by this Court in Writ-C No.692 of 2022. The objection of the petitioners has been rejected and it has been held that the constructions raised by the petitioners over Khasra No.734 are illegal and unauthorised and are therefore liable to be demolished. In brief, the facts necessary for disposal of the instant petition are that a demolition notice was issued to the petitioners on 20/12/2021 by respondents no.3 and 4 mentioning that Khasra No.734 is land notified as 'industrial development area' under Sec. 2 (d) of the U.P. Industrial Area Development Act, 1976. It is flood plain zone of river Yamuna and whereupon the petitioners were found raising illegal constructions. The notice makes reference to Sec. 10 of the Act and directs the petitioners to forthwith stop further development and remove the constructions made so far, failing which, the same will be demolished by the Authority and the expenses incurred in this behalf shall be recovered from the petitioners as arrears of land revenue. The notice further mentions that in case the petitioners have any sanctioned plan or rely on any other document, it shall be open to them to file their reply within fifteen days, failing which, it will be assumed that the petitioners have nothing to say in the matter.

(3.) The petitioners being aggrieved by the said notice approached this Court by way of Writ-C No.692 of 2022 contending that the constructions are old and were made prior to constitution of the NOIDA Authority in the year 1976. It was also the case of the petitioners that they had already replied to the demolition notice, but without deciding the same, the NOIDA Authority was threatening to demolish the constructions. The writ petition was disposed of by an order dtd. 28/1/2022 with direction to respondent no.2 to pass a reasoned order, taking into consideration the objections filed by the petitioners. It is in compliance of the said direction that the impugned order has now been passed.