Rehabilitate occupants first, plan scheme: HC
PRAYAGRAJ, Aug. 3 -- Hearing a petition concerning encroachment on public land in Ghaziabad's Bhovapur slum, the Allahabad high court has asked both parties to maintain status quo.
Even as the petitioners claim that the inhabitants of Bhovapur Basti have been living there for the last 40-50 years, Ghaziabad Development Authority (GDA) has issued a notice to demolish their houses.
While passing the above directive, the court restrained the petitioners from creating any third-party interests or undertaking any development on the disputed property.
While directing that the case be listed on August 22, the court granted time to the respondents-the district administration and GDA-to place on record the rehabilitation scheme by which they intend to rehabilitate the old inhabitants.
Hearing a writ petition filed by Naresh Kumar and 18 others, a division bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar observed, "In the facts and circumstances of the case, we also find that it is not in dispute that the petitioners have been occupying the place for the last 40-50 years. At this stage, we find that some indulgence and reprieve is to be accorded to the inhabitants who belong to the weaker sections of society, and we further direct the authorities to ensure the formulation and implementation of a rehabilitation scheme for such persons. On the next date, the scheme shall be provided by the district administration and GDA."
The petitioners filed the present writ petition for quashing the demolition notice dated June 16, 2025, issued by GDA under section 26-A of the UP Urban Planning and Development Act, 1973. GDA initially issued notice to 172 illegal occupants of public land (park) on September 6, 2024, which is earmarked in the master plan.
During the course of hearing, the counsel for the petitioner submitted that the petitioners are old inhabitants and in the absence of any rehabilitation scheme as per the law, the old inhabitants, who are occupying small pieces of land for their shelter and admittedly belong to the lower sections of society, will suffer irreparable loss if uprooted.
The court, after hearing the parties concerned, passed the order on July 31....
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