Alleged land encroachment in Greater Noida: HC asks DM to decide representation in 3 months

Pic for representational purpose

Allahabad: The Allahabad High Court on Monday directed the District Magistrate of Gautam Buddh Nagar to look into allegations of encroachment of thousands of square metres of public land, spread across three villages of the district, and take an appropriate decision within three months.

Justice Vivek Kumar Birla passed the order on a contempt petition filed by Jan Kalyan Seva Trust which had alleged that it had made several representations before the Gautam Buddh Nagar DM, the last being "on 13.08.2015", with "description of land which has been encroached by the authorities and private builders" but no action was taken.

The petitioner alleged that the DM's "inaction" amounted to non-compliance of a court order dated December 6, 2012, wherein the District Magistrates of UP had been directed to take "all required actions in view of law" whenever "complaints regarding unauthorized occupation over public ponds or similar public lands are received".

Justice Birla observed that although "this application is barred by time....In the light of the general direction which has been passed in the above noted judgement and constant representations being filed by the applicant.....It would be appropriate that another opportunity is granted to the opposite party for entertaining the representation of the applicant".

The court also made it clear that "in case the opposite party does not comply with the directions of the writ court within a period of three months of receipt of this order, without any reasonable cause, the court would have no option except to punish him under Section 12 of the Contempt of Court Act and other allied powers".

According to the petitioner organization's Trustee Shiv Kant Mishra, the land which had been encroached and on which real estate developers were constructing huge complexes falling in the Greater Noida township, include 2000 square metres of Dadri village, 6000 square metres of Itahara and 35000 square metres of Tugalpur.

The land, the petitioners have alleged, was meant for public utilities like ponds and cemetery.