On March 7, Krishnaveer (single title), was at his home in Basantpur Sainthli village in Ghaziabad, when a Ghaziabad improvement authority (GDA) crew arrived at his door with a bulldozer, claiming that his was unlawful and so they have been there to dismantle it. Alarmed, Krishnaveer moved the Allahabad excessive court docket, which within the first listening to on March 18 discovered that the home was constructed earlier than the world received notified underneath GDA jurisdiction, and quashed the demolition order.
Ghaziabad: Allahabad excessive court docket quashes GDA’s demolition order, phrases it ‘illegal’ and ‘vague’
The court docket additionally mentioned that GDA’s demolition order was “manifestly illegal being in gross violation of principles of natural justice and also vague.” Krishnaveer mentioned that his home is constructed on khasra (land chunk) quantity 182 in Basantpur Sainthali, close to the Delhi-Meerut Highway. Because the land was beforehand underneath gram panchayat, plots there would not have a serial quantity. GDA’s media coordinator, Rudresh Shukla, mentioned that plots there are recognized solely by their land chunk quantity.
He mentioned that on March 7, a GDA crew got here to his home with a bulldozer and informed him that the home was illegally constructed on land that has been underneath GDA’s management since August 4, 2022. The crew mentioned GDA had beforehand given Krishnaveer a present trigger discover to take away the unlawful building in addition to a possibility to contest the alleged illegality in a listening to. When Krishnaveer didn’t reply to the discover, GDA ordered the home’s demolition, the crew informed him.
Krishnaveer informed the crew that within the first place, he constructed his home earlier than August 4, 2022, when the land in query was not underneath GDA however underneath the gram panchayat. Secondly, he was not served any present trigger discover or intimation of a listening to or the demolition order, he informed the crew.
The officers confirmed him the present trigger discover issued on March 27, 2024 and dated October 13, 2023. The discover gave Krishnaveer 25 days’ time to take away alleged unlawful constructions over khasra (land chunk) quantity 182 in Basantpur Sainthali. The discover was issued underneath Part 27 of the UP City Planning and Growth Act, 1973, which primarily offers with demolition of buildings with constructions made in contravention of the grasp plan or with out approval.
The officers then confirmed him the demolition order, which mentioned Krishnaveer had not appeared at a listening to to contest the allegation that he had illegally constructed a home.
The crew, nevertheless, couldn’t demolish the home as a consequence of opposition from Krishnaveer and his household, and locals. Krishnaveer then filed a petition within the Allahabad excessive court docket.
“We have gone through the impugned order, and we find that it does not indicate the date on which show cause notice was issued to the petitioners nor the date on which the notice was issued to the petitioners intimating them of date of hearing. Even the date on which hearing was fixed has not been mentioned in the impugned order,” the excessive court docket mentioned in its order on March 18.
The counsels of the petitioners additionally informed the court docket that Khasra quantity 182 of the village was earlier a part of Gram Panchayat, and it was included inside the improvement space of GDA by a notification dated August 4, 2022.
“In such circumstances, we are of the opinion that impugned order is manifestly illegal being in gross violation of principles of natural justice and also vague. Accordingly, the impugned order dated October 13, 2023, is hereby quashed, leaving it open to the respondent — development authority to proceed strictly in accordance with law,” the court docket mentioned in its order.
GDA’s media coordinator, Rudresh Shukla, mentioned, “We will comply with the directions of the high court, and will also seek a process through which the authority can proceed in the case.”