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In its judgement on the petition challenging land acquisition,the Allahabad High Court passed strictures on the Greater Noida Development Authority for violating law,going ahead with construction activity,even creating third party rights,when it was under a statutory obligation to get its plans approved by the National Capital Region Planning Board.
The court stopped all development activity in Greater Noida until the authority got its Master Plan 2021 approved from the NCR Planning Board.
In its affidavit,the Greater Noida Development Authority had claimed that its Master Plan-2021 was approved in 2005,but the court cited correspondence between the NCRPB and the Authority showing that the plan was not approved as yet.
The court criticised the Authority for trying to conceal facts about the permissions it had to get from the NCRPB. Concealment of facts by the Authority is with the intent and object to cover its lapses and to conceal the fact that its Master Plan-2021 has not yet been cleared by NCRPB, the court said.
The bench said: Although the draft Master Plan 2021 prepared by Greater Noida Authority is yet to be cleared by the board,the authority is proceeding to carry on development including allotments and creating third party rights which is nothing but a brazen act of complete violation of the provisions of the NCRPB Act,1985.
The court further said: Greater Noida Authority cannot proceed to implement Master Plan 2021 till it is permitted by NCRPB. The Authority shall ensure that no development by it or by its allottees be undertaken as per draft Master Plan 2021 till the same receives clearance by NCRPB. We make it clear that it shall be open to carry on developments by Authority and its allottees as per earlier plan approved by NCRPB.
Abhishek Srivastava,counsel for petitioners from Greater Noida villages,said the work will have to stop.
Barring three Greater Noida villages,where activity has been minimal and the land acquisition has been quashed,heavy activity is going on in other villages of Greater Noida.
In Patwari village alone,the respondents – the Authority,a private builder and also the interveners – told the court that work has been going on on at least 2.40 lakh sq m,allotted to the private builder. Also,the court was informed,4,471 people have booked housing units in at least four sectors in the village – Tech Zone-IV,Sector 2 and 3,Eco Tech-I and Sector-4.
Out of these housing units,at least 70 per cent have been financed by banks or other such institutions. Projects of at least seven builders are going on at present.
The story is similar in other villages also,where one or the other construction activity is going on. The court also expressed its concern on indiscriminate change of land use from industrial to residential,which has been noted by the NCRPB.
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