Noida to Demolish Illegal Shops in Gardenia Gateway Society After Court Order

The Noida Authority is set to demolish illegally built shops in Gardenia Gateway society, Sector 75, following a ruling from the Allahabad High Court. The court dismissed a petition by shop buyers challenging the demolition order, stating that the constructions violated building laws and lacked legal approval.

What Led to This Action?

Residents of Gardenia Gateway had been complaining for a long time about illegal shops built by the developer on the ground floor of their society. They argued that these shops were constructed in violation of building bylaws, making them unsafe and problematic for residents. Despite repeated complaints, the Noida Authority had taken limited action.

The matter was taken to the Allahabad High Court, where the authority explained that the shops lacked an occupancy certificate and sub-lease deed, making them illegal. The court upheld the authority’s demolition order, dismissing the shop buyers' petition that sought to stop the action.

Court's Ruling on Illegal Shops

The petitioners, who had purchased shops from the developer, argued that they were not individually notified before the demolition decision. However, the court, comprising Justices Manoj Kumar Gupta and Anish Kumar Gupta, ruled that their possession of the shops was unlawful. The agreement between the buyers and the developer clearly stated that possession could only be given after a sub-lease deed was executed, which had not happened.

The court also cited a recent Supreme Court ruling, which directed authorities to take strict action against unauthorized constructions. Upholding this principle, the high court ruled that allowing such unauthorized shops would set a wrong precedent.

“The possession was unauthorized as the developer did not obtain an occupancy certificate,” the court noted in its judgment.

Residents Demand Swift Action

The ruling has reinforced the residents’ demand for immediate demolition of all illegal shops. According to a resident of Gardenia Gateway, “We had demanded that the Noida Authority demolish these illegal shops. But they did not act initially. On the court’s order, the authority demolished a few shops, and most of the units are yet to be demolished. We will meet the Noida Authority any day this week to demand action against all illegal shops.”

There are about 400 residents in the society, many of whom have filed complaints against the developer for violating construction norms.

Next Steps

The Noida Authority has confirmed that it will proceed with the demolition of the remaining illegal shops as per the court’s directive. Lokesh M, CEO of the Noida Authority, said, “The Noida Authority had demolished some shops earlier. Now the remaining ones will be demolished as per the court order.”

This case serves as an important reminder that homebuyers and investors must verify legal approvals, such as occupancy certificates and sub-lease deeds, before purchasing property. The court’s decision reinforces that unauthorized constructions will not be tolerated, and action will be taken against violations.