The Allahabad High Court on 09.02.2021 took a stern view of the constant disruptions and the ensuing difficulties faced by Uppal Chadha Hi Tech Developers Pvt. Ltd. and issued a direction to the Ghaziabad administration to provide reasons as to why police force is not being provided for carrying out the remaining development work by the Company (petitioner). The court while directing as such noted that – “we are not satisfied with the explanations submitted by the authorities as no cogent and convincing reason has been given for redressal of the grievance of the petitioner for providing security to carry out the development work which is nearer to its completion.” Hon’ble High court’s intervention will surely help customers and allow the developer to be free from daily harassment.
The background of the case is that in 2003 the Govt. of U.P formulated a policy to develop Hi-Tech Township in the area adjoining major cities in the State, by participation of private developers. Pursuant to the above policy, the Government of Uttar Pradesh selected M/s Uppal Chadha Hi-Tech Developers Pvt. Ltd (UCHD) for development of a Hi-Tech Township at Ghaziabad on land admeasuring 4500 acres approx. under the name of ‘Wave City, Ghaziabad’. Out of the total land, area admeasuring 388.225 acres of land was acquired by the State Government under the Land Acquisition Act. The said acquisition has attained finality as the same has been upheld by the Hon’ble Supreme Court.
Despite the acquisition having been upheld by the Hon’ble Supreme Court, development work on the land acquired by the State Government has been completely stalled due to consistent violent agitations of certain disruptive and antisocial individuals. As a result of the constant agitations and disruptions of the aforesaid antisocial elements UCHD was constrained to prefer criminal complaints against both named and unnamed individuals who were causing such disruptions. The Company by way of numerous representations sought assistance from the concerned Police Department, Ghaziabad Development Authority and the District Magistrate of Ghaziabad with regard to interference in UCHD’s peaceful possession by anti social elements or alike persons. In spite of directions from both the GDA and the DM Ghaziabad to provide the Company with adequate police protection and assistance, till date no such assistance has been forthcoming from the Police Department.
Thus the Company had preferred a Writ Petition before the Allahabad High Court seeking appropriate assistance and police protection to secure the land acquired by the State Government to ensure timely completion of the project ‘Wave City, Ghaziabad’. However even before the matter could be heard, around 40 of the aforementioned miscreants struck once again on 07.01.2021. Not only did they bring development works to a complete halt, they also dug up the completed roads in the area with JCBs and tractors and even threatened workers with physical harm.
The matter was listed on 13th of January, 2021 before the Allahabd High Court, and on the said date the court sought a response from the respondents namely, Chief Secretary – Government of Uttar Pradesh, Principal Secretary – Housing and Urban Development, Government of Uttar Pradesh, Ghaziabad Development Authority, District Magistrate Ghaziabad, District Magistrate Gautam Budh Nagar, Senior Superintendent of Police Ghaziabad, and the Commissioner of Police Gautam Budh Nagar – on the action taken in pursuance of the company’s numerous requests for protection and assistance.