Noida: Allahabad HC stay on demolition drive in Grand Omaxe till November 1

NOIDA: The Allahabad high court on Thursday extended the stay on the anti-encroachment drive in Grand Omaxe housing society in Noida’s Sector 93B till November 1, the next date of hearing in the case.

A two-judge bench of justices Manoj Kumar Gupta and Jayant Banerji also summoned the developer of the highrise to the next hearing. During Thursday’s hearing, the Noida Authority reiterated that they took action because illegal construction was carried out by several ground-floor flat owners of the society.

In fact, a group of 125 residents approached the Allahabad HC on September 30 and sought a stay on the demolition drive planned to be carried out in the society the same day. The court had then asked the Noida Authority to maintain status quo till the next date of hearing.

The lawyers for the petitioners, Akhilesh Misra and Nayab Ahmad Khan, told TOI that they would file a rejoinder to the Noida Authority’s reply before the next date of the hearing. On Thursday, an amendment application and a supplementary affidavit were filed.

“During the hearing, the court’s attention was also drawn towards the authority proceeding with the demolition exercise even as the case was being heard and direction was given not to take any coercive action in the meantime,” Khan said.

The Noida Authority, on September 30, razed some alleged encroachments done in Grand Omaxe society by the ground-floor flat owners amid stiff resistance.
Noida: Allahabad HC stay on demolition drive in Grand Omaxe till November 1The authority’s team, using five earthmovers and four dumpers, removed the encroachments, mainly tin sheds erected over the balconies, from 17 flats by that evening and returned after issuing a warning to others to remove illegal construction on their own immediately.

There are 132 ground-floor flats across 22 towers in the society and barring a few, almost every owner has covered the balcony area. Some have encroached on the common areas by erecting plants and trees.

While this action was being carried out by the authority, a group of residents had approached Allahabad HC and sought a stay on the demolition drive. The petitioners had argued they did not raise any permanent construction but only tin sheds in front of their flats in pursuance of valid permission obtained through deeds of declaration by the builder and after paying a premium, which in one case was Rs 6 lakh.

Authority officials refused to comment on the matter.