Buildings in residential areas of Ghaziabad put to commercial use be sealed: Allahabad HC
Allahabad: Allahabad High Court has directed the Ghaziabad Development Authority to seal all buildings in residential areas that have been leased out to banks, private schools, nursing homes or put to any other commercial use.
"We direct the Ghaziabad Development Authority (GDA) to seal all buildings/shops running commercial activities such as banks, private schools, nursing homes etc, in areas earmarked for residential use," a Division Bench said.
The bench comprising Justice Sunil Ambwani and Justice Surya Prakash Kesarwani, in its order of September 19, directed GDA to direct shifting of such buildings if zonal regulations do not permit commercial use.
The court cited a Supreme Court judgement whereby commercial activities were forbidden in a residential locality of Noida and remarked "the order in principle applies to all residential colonies" of Uttar Pradesh and that "we do not find any distinguishing feature in which the Ghaziabad Development Authority may be exempt from the directions".
"The directions have been issued by the Supreme Court in larger public interest...And for enforcement of rights of citizens who are living in residential colonies and are directly affected by various types of commercial activities in residential colonies," the court added.
The order was passed while rejecting the writ petition of Rama Rani Malik, a resident of Kavi Nagar in Ghaziabad, who had let out a portion of her property to the Punjab National Bank "for a period of 10 years from 06.11. 2002 to 05.11. 2004" and whose application for conversion of use of property from residential to commercial, moved in the year 2000, was rejected in 2011.
The petitioner had sought a direction from the court to the GDA that she be provided with a copy of the order whereby her application was rejected and that the bank "be given a reasonable time so that the petitioner may take suitable necessary legal action" against the cancellation order "after the same is served" on her.
The court, however, rejected the petition observing "the intimation of rejection of petitioner`s application for conversion was given to the petitioner on 31.08.2012" (vide a letter sent by GDA) but she did not take "any steps for eight months, to either ask for a copy of the order or to comply with consequences".
This, the court noted, "clearly demonstrates that either the petitioner wants to delay the matter, so that the period of rent agreement between the petitioner and respondent bank may come to an end or that the bank may get some time to vacate the premises".
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