By Team Homes | Tuesday, 04 February 2025

Allahabad HC Upholds Noida Authority's Demolition Order for Illegal Constructions

The Allahabad High Court has rejected a petition challenging the Noida Authority’s demolition order for illegally constructed shops in the Gardenia Gateway project, located in Sector 75. The court upheld the authority’s decision, ruling that the occupants lacked any legal claim to the properties as they did not have an occupancy certificate or sub-lease deed. 

A bench comprising Justices Manoj Kumar Gupta and Anish Kumar Gupta stated that the petitioners’ possession of the shops was unauthorized. "Since the development authority had not issued an occupancy certificate for the disputed premises, the petitioners' induction into the shops was clearly illegal," the High Court’s order, issued on January 22, noted. 

Referring to a recent Supreme Court ruling, the High Court emphasized that unauthorized occupations without an occupancy certificate could not be permitted. The Supreme Court had instructed authorities to take strict action against such violations. 

Noida Authority CEO Lokesh M confirmed that action would be taken soon. "The concerned work circle has been asked to submit a report. Illegal constructions will not be allowed," he stated. 

The petitioners, a group of buyers, had sought to annul the demolition order dated August 9, 2024, and requested permission to present a detailed representation before the authority for reconsideration. The Noida Authority had issued the order to demolish shops and kiosks constructed on front and side setbacks without approval. 

The petitioners, who were allotted a shop by the developer in December 2016 and took possession in March 2018, argued that they had not received an independent notice before the demolition action was initiated.

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