GHAZIABAD: To tackle the rapid proliferation of unauthorized colonies, the Ghaziabad Development Authority (GDA) vice chairperson, Atul Vats, has reached out to the stamp and registry department to halt the registration of plots in these illegal areas.
Instructions have also been issued to the power department and civic corporation to refrain from granting electricity, water, or sewerage connections until the GDA provides a completion certificate.
A recent survey by the GDA discovered 351 illegal colonies covering 2,944 acres in the city, an increase from 321 in 2021. Officials attribute this rise to ongoing property registrations despite the illegal status of these colonies.
However, GDA’s directive contradicts Rule 241 of the Registration Act of 1908, which stipulates that the stamp and registration department cannot verify a property’s legality before registry. This clause clearly states that the department must not deny the registration of properties and is not responsible for validating submitted documents.
In January 2019, former DM Ritu Maheshwari, who also served as GDA vice chairperson, mandated the stamp and registration department not to register illegal properties under the UP Urban Planning and Development Act, 1973. However, the tehsil bar association contested this order in the Allahabad High Court, which overturned it and imposed a fine of Rs 5,000 on Maheshwari for issuing an order not in line with existing laws.
A similar attempt to enforce registration restrictions was challenged and subsequently withdrawn in July 2018.
Nevertheless, officials assert that this time the Authority has support from a Supreme Court ruling in 2024.
“A case was filed in the Supreme Court in 2024 by shopkeepers from the UP Housing Board’s Shastri Nagar scheme in Meerut after the board razed their illegal constructions,” stated a GDA official.
The Supreme Court delivered its verdict on December 17, 2024, with a two-judge bench asserting: “All essential connections, such as electricity, water, and sewerage services, shall be provided only after a valid completion or occupation certificate is submitted.”
The bench further stated: “Any authority in the planning department or local body soliciting assistance from another department to act against unauthorized construction must receive immediate cooperation; any delay or negligence will be taken seriously.”
“Consequently, based on the SC’s 2024 ruling, it is evident that the GDA, or any development authority or local body, is justified in requesting the stamp and registration department to cease executing registrations in illegal colonies,” noted a senior GDA official.
