HC orders status quo on hutments in Gzb park, seeks rehab proposal from admin
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Prayagraj: The Allahabad high court has directed to maintain the status quo on the colony of temporary houses (basti) that have come up at a public park at Ghaziabad within a span of 40 to 50 years.
While directing the Ghaziabad Development Authority (GDA) not to demolish the houses in the park, the court directed the authority to first submit a rehabilitation plan. On June 16, the GDA had issued the petitioners notices for demolishing 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 passing the above directive, the court on July 31 restrained the petitioners from creating any third-party interests or undertaking any development on the disputed property.
The court granted time to the respondents – district administration and GDA – to facilitate them to place on record the rehabilitation scheme by which they intend to rehabilitate the old inhabitants. The next hearing in the case is on August 22.
Hearing a writ petition filed by Naresh Kumar and eighteen 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 more than 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 the GDA".
The petitioners filed the present writ petition for quashing the demolition notice dated June 16, 2025, issued by the GDA under section 26-A of the UP Urban Planning and Development Act, 1973. The GDA initially issued notice to 172 illegal occupants of public land (park) on September 6, 2024, which is earmarked in the master plan.
Consequently, 89 persons filed their objections, which was considered and an impugned order (order under challenge) was passed.
During the course of hearing, the counsel for the petitioner submitted that the petitioners are old inhabitants who have been occupying small pieces of land for their shelter and admittedly belong to the lower sections of society. In the absence of any rehabilitation scheme as per the law, they will suffer irreparable loss, if uprooted, he argued.
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