The Allahabad High Court on January 29 refused to grant any relief to the accused Watan Gaur, who built a multi-story building on agricultural land in Shahberi village at Greater Noida in Gautam Buddha Nagar. The court dismissed the appeal of the accused on the ground that the builder constructed a multi-story illegal building on agricultural land and sold flats.
The decision was passed by Justice Saurabh Shyam Shamsheri of Allahabad High Court. The Assistant Work Circle Officer of Greater Noida had filed a case against M/s Active Equipment Private Limited Company at Bisarkh police station of Gautam Buddha Nagar, accusing the company of constructing a multi-story building and selling flats without getting the plan approved. On behalf of the accused, senior advocate Gopal Chaturvedi argued that there was no case against the petitioner.
Under the Fraud and Prevention of Public Property Damage Act, the police have filed a charge sheet against the accused and others including Deepak Kumar Tyagi Divyang's Homes Pvt Ltd.
Advocate Anjali Upadhyay, on behalf of Greater Noida Authorities, argued that the people of Shahberi had been notified that an illegal building was constructed without getting the plan passed by denoting agricultural land as a residential one.
"Despite knowing this, the petitioner sold the flats to innocent people. This is a dangerous situation. There is prima facie evidence against the petitioner under these circumstances. In such a situation, the petitioner cannot be given relief," added Upadhyay.
The court said in its order that "if there is prima facie evidence to a crime being committed, then the court cannot exercise its inherent powers." The petitioner sold the flats knowingly that the building had been built illegally. In such a situation, it cannot be interfered with,".