Court pulls up GNIDA for the illegal constructions in the Shahberi area, rejects bail plea of 19 developers.

By Abhay Shah, Realty Quarter

On September 24, a court here that was hearing cases related to the illegal construction of high-rise buildings in the Shahberi village at Greater Noida rejected anticipatory bail pleas by 19 developers.

Additional sessions Judge Indrapreet Singh Josh also directed the Greater Noida Industrial Development Authority (GNIDA), district administration and police to take action against their officials who failed to prevent illegal construction in the area within three months.

After the bails were dismissed, the Court observed that the construction and sale of houses and apartments took place illegally in the area reported in 2013 by GNIDA.

Also in 2014, the Allahabad High Court indicated that the region concerned in Shahberi belonged to GNIDA and the Court noted that it had inactivated local authorities, the administration and the police officials for four years, while illegal constructions had mushroomed.

Two adjoining buildings collapsed in the village of Shahberi in Greater Noida on July 17th, 2018 and nine individuals were killed, including one child and two women.

Precise reports from the administration and local authorities found that the building was illegally constructed, without the required approval, as were several others in Shahberi, less than 50 km from Delhi over the years.

Some of the accused developers who sought the anticipatory bail argued in the court that the land was their private property and all constructions including electricity, sewer connections and even the lift, were properly processed.

“It would be correct to say that GNIDA officers did not transmit the orders/instructions to the local departments in spite of the notification and the high court order, otherwise illegal constructions in the area concerned could have stopped,” the judge said. He also pulled the GNIDA up because it did not fulfill its responsibilities that resulted in illicit construction and the loss of innocent people’s savings.

“Had the GNIDA informed local departments on time, the illegal construction and sale of flats and the hard-earned savings of common man who bought flats at that time would have been obstructed. The future of these buildings is uncertain. Around 15,00 illegal buildings in the area to be demolished are said to be there,” the judge added.

The GNIDA could have stopped the construction of a large number of high-rise buildings in this area and it is obvious that these buildings cannot be constructed secretly or overnight. The development is a process of several years and it was GNIDA and its officials’ responsibility to stop this.

“To take measures against the officials of their department involved in this event, the CEO GNIDA, the district administration and the district police are expected to ensure that the action is taken over three months, and then that the court will be informed of the development,” he said.

To date, more than 50 FIRs have been recorded in Shahberi and neighbouring regions against rogue builders for the illegal constructions. The authorities said that in these cases, 257 individuals were accused, and more than 50 were arrested so far.