Paridhi Arya
Published on June 18, 2022 at 19:19 IST
The Bench of Justice Manoj Kumar Gupta and Justice Sameer Jain ordered the conditional stay on demolition taking place at Yamuna floodplains by NOIDA Authority.
The Writ Petition was filed by the Harit Kisan Kalyan Samiti against the public notice which states that all the construction in flood plain area of Yamuna is illegal and liable to be demolished.
The Counsel representing the Petitioner contended that the interest of residents will not be considered by NOIDA Authority. They are apprehended that may be each member will not be provided notice and then also demolition will take place.
The Petitioners submitted that notice is not served to each and every one by the authority but demolish is being threatened by them.
The Advocate General representing the NOIDA Authority cited that reports filed with National Green Tribunal by Monitoring Committee and this is the bases of public notice.
The Advocate General admitted that notice is not served individually because it difficult to find out the actual owner of plot or land to serve individual notice.
The Bench gave ten days time to file objection by the Petitioners by treating public notice as show-cause notice.
The Advocate General further contented that Court allowed filing of objection to the Petitioner by considering Public notice as show cause notice and till the time objection is not disposed off, Authority will not take action.
The Bench held “For period of twenty days from today, the status quo as of date shall be maintained by all the parties. In case, the petitioner and its members fail to file an objection within ten days from today, it shall be open to the respondent authority to proceed further in pursuance of the impugned public notice.”