Shahberi illegal construction: Court rejects bail plea of 19 developers, pulls up Greater Noida Authority

Anticipatory bail pleas of 19 developers were rejected on Tuesday by a court here which was hearing cases connected to illegal construction of high-rise buildings in Greater Noida's Shahberi village.

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

Dismissing the bails, the court observed that the construction and sale of flats and houses was done illegally in the area notified by the GNIDA in 2013.

The Allahabad High Court too had in 2014 upheld that the region concerned in Shahberi belonged to the GNIDA, the court noted, as it pulled up the local authority, administration and police officials for inaction during four years while illegal constructions mushroomed.

On July 17, 2018, two adjoining buildings had collapsed in Greater Noida's Shahberi village, leaving nine people, including a child and two women, dead.

Probe reports by administration and local authorities found that the buildings had come up illegally, without any proper approval, as did several others which mushroomed over the years in Shahberi, less than 50 km from Delhi.

Some of the accused developers who applied for anticipatory bail argued in the court that the land was their private property and all construction including getting electricity, sewer connections and even lift in some buildings was done through proper process.

"Prima facie it appears that the bail applicants did not comply with the high court order and constructed buildings on the plot and sold them off illegally....

"Here it would be accurate to say that despite the notification and high court order, GNIDA officers did not convey the order/instructions to local departments otherwise illegal constructions could have stopped in the area concerned," the judge said.

He also pulled up the GNIDA for not fulfilling its responsibilities which led to illegal construction in the area and loss of innocent people's savings.

"Had the GNIDA timely informed local departments, it would have prevented illegal construction and sale of flats, hard earned savings of common man who bought flats there. The future of these buildings is uncertain. Around 1,500 such illegal buildings are said to be there in the area which are to be demolished," the judge added.

"There are lot of high-rise buildings in the area concerned and it is clear that such constructions cannot be done in secret or done overnight. It is a process of years and it was the responsibility of GNIDA and its officials to stop it. The GNIDA could have stopped it at initial level only.

"CEO GNIDA, district administration and district police are expected to take action against officials of their department involved in this episode. The action should be ensured within three months and the court be then apprised of the development," he added.

So far, over 50 FIRs have been registered against rogue builders over illegal constructions in Shahberi and nearby areas.

As many as 257 people have been accused in these cases and more than 50 arrested so far, the officials said.