Restrictions on Land Transfer in Flood Plains Violate Constitutional Rights: Allahabad High Court
The Allahabad High Court has set aside the Uttar Pradesh government’s decision that required prior approval from district authorities before the transfer of agricultural land in the flood plain zone between the Hindon and Yamuna rivers in Noida and Greater Noida.
The court, in its ruling, emphasized that the Disaster Management Act does not empower the District Magistrate to impose such restrictions, and the imposition of these conditions violates Article 300A of the Constitution, which protects the right to acquire, sell, and dispose of property.
A Division Bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar found that the authorities’ failure to prevent illegal construction in the area does not justify prohibiting the sale of agricultural land, especially land without construction. The court described the restrictions as arbitrary and unreasonable, stressing that they unfairly placed the burden on farmers seeking to sell their land. The court noted that requiring a “No Objection Certificate” (NOC) from the authorities, who themselves may have contributed to the problem of illegal constructions, is both discriminatory and counterproductive.
The court criticized the authorities for allowing illegal constructions in flood zones and found it ironic that the very same authorities were now tasked with issuing NOCs for land transfers. It stated that this approach amounted to a “mockery of the system” and failed to address the root of the problem.
As a result, the court quashed the resolution by the District Disaster Management Authority (DDMA), the District Magistrate’s order, and the government order issued in July 2021.
The petitioners were represented by Senior Counsel Navin Sinha, Rahul Sripat, and a team of advocates. The State was represented by Additional Advocate General Manish Goyal and Standing Counsel FA Ansari. Advocates Kaushalendra Nath Singh and Aditya Bhushan Singhal appeared for the New Okhla Industrial Development Authority (NOIDA).
(With inputs from agency)
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