Allahabad HC lifts ban on registry of farm on Yamuna, Hindon floodplains

The Allahabad high court on Thursday set aside a 2020 order issued by the Gautam Budh Nagar district disaster management authority, making it mandatory for landowners in the floodplain zones of the Hindon and Yamuna rivers to get a no objection certificate from the Noida and Greater Noida authorities before executing the registry to transfer the land title to another person. The Noida authority argued that restrictions imposed were reasonable and necessary to prevent unauthorised construction in the floodplain zone, which could lead to significant natural calamities. “Considering the above provisions and authorities pronounced by the Supreme Court, we are of the view that the Disaster Management Act, 2005, does not give legal authority to the district magistrate to put restriction on the transfer of property in the subject area between River Hindon and River Yamuna floodplain zones. The bench compared the situation to “asking a fox to guard the henhouse,” and said the very authority responsible for the rampant growth of illegal construction in these floodplain zones was being tasked with regulating land registries.