Allahabad High Court Strikes Down Restrictions on Agricultural Land Transfers in Noida Flood Plains
Last Updated on August 28, 2024 by Amit Patra
The Allahabad High Court has recently invalidated some regulations made by the Uttar Pradesh government restricting the transfer of agricultural land in the flood plains of Noida and Greater Noida in terms of being unconstitutional and arbitrary. The case of Suresh Chand and others vs. State of UP and Others was against a directive issued by the Gautam Buddh Nagar District Magistrate in 2021 which stated that any transaction for the transfer of the land located in the flood prone area of Hindon and Yamuna river would require prior permission. This order originally stemmed from a resolution passed by the District Disaster Management Authority (DDMA) to formulate measures against unauthorized constructions.
The bench of Justices Mahesh Chandra Tripathi and Prashant Kumar noted multiple issues with the government’s approach to the problem. They held that the ban on property transfers was unconstitutional under Article 300A of the Constitution which guarantees the right to own, transfer and alienate property. The Court also pointed that even the Disaster Management Act does not empower the District Magistrate to give such restrictions. The judges described the measures as unreasonable and abusive, stating that the measures of selling the land were preposterous for farmers.
The Court noted that the government can enforce reasonable restrictions on property rights, but these specific restrictions have been deemed as unreasonable and unlawful. Many of the conditions such as the “No Objection Certificate” from the NOIDA authorities were found to be unjustified and having no backing in law. The judgment also noted that authorities have not acted adequately to eliminate illegal structures, and rather have placed unjustified obstacles to genuine proprietors of land.
This ruling has significant impact on property rights and land use laws in area prone to flooding. It has underlined the problem of tackling the issue of illegality in construction while at the same time not violating rights that are enshrined under the constitution. The High Court order to recall the DDMA resolution, the District Magistrate’s order, and the government order helps farmers in these regions regain the ability to transfer their agricultural land. It also acts as a notice to government authorities to solve problems related to urban planning and flood control within the framework of the law and the constitution, rather than imposing broad restrictions that infringe on fundamental rights.
