The Supreme Court has set aside the Allahabad High Court’s order that stayed construction of houses by the Ghaziabad Development Authority (GDA) for economically weaker sections in Uttar Pradesh.

Challenging acquisition of 93 acres of land by the GDA in some villages, Sahara India Commercial Corporation had approached the High Court, which ordered an interim stay on it. Passing an order, the High Court had asked the GDA to maintain status quo on construction. The court based its order on the ground that the Uttar Pradesh government had only given symbolic and not actual possession of more than 1,234 acre of land to the civic body.

Recently, a Bench presided by Chief Justice K G Balakrishnan, while setting aside the High Court order requested it “to dispose of all the petitions pending before it at an early date. As there are several petitions pending before the High Court, the same Bench may hear all these petitions”.

Earlier, the Supreme Court had issued notice to UP government, Sahara India Commercial Corporation and 11 developers, besides others.

The GDA had submitted that it had already taken over the land and the construction was going on. According to the GDA senior counsel Mukul Rohtagi, Sahara’s plea before the High Court was not maintainable as the company does not own a single inch of land and “is a complete stranger” to the whole issue.

Opposing GDA’s plea, senior counsel Harish Salve and advocate Arohi Bhalla said there cannot be any construction on the Sahara group’s land as the company cannot be dispossessed of its land due to a stay order given in its favour by the High Court in May 2006.

... contd.