Agricultural Land Sale: Allahabad High Court Cancels Noida DM Order Requiring Farmers to Obtain NOC for Selling Agricultural Land | Allahabad News

Prayagraj/Noida: The Allahabad high court has set aside an order of Gautam Budh Nagar district magistrate which directed farmers to obtain ‘no objection certificate’ for selling their agricultural land in the floodplain zone of Yamuna and Hindon river in Noida and Greater Noida.
Disposing a bunch of writ petitions filed by Suresh Chand and others, a bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar said the order was not in sync with the Disaster Management Act and hence the NOC restriction was “found to be illegal”.
In its Aug 22 order, the court observed, “Noida authorities cannot cover their mistakes by imposing conditions which have no rationale with the (Disaster Management) Act under which such conditions are imposed.” “As far as reasonable restrictions are concerned, to mitigate any kind of future disaster and loss of human life and property it is imperative to lay down reasonable restrictions and to check on illegal/unauthorized constructions coming up in floodplain zones,” it added.
“The Disaster Management Act, 2005, does not empower the district magistrate to restrict property transfers in the floodplain zones of the Hindon and Yamuna rivers. It would be arbitrary and discriminatory to impose restrictions on the sale and purchase of agricultural land owned by farmers,” the order stated.
The court emphasised that the Noida Authority is “nobody” to issue NOCs to farmers and said every citizen has the right to acquire, sell, and dispose of property. Any restrictions imposed by authorities on a person’s property rights would violate Article 300A of the Constitution of India, which states that no one can be deprived of their property without the authority of law.
The court lso came down heavily on Noida authorities for failing to check unauthorized constructions in the floodplain zone. “It is an undisputed fact that no illegal construction could have come up in the floodplain zone until and unless the same is carried out with connivance of officers of the authority. It is surprising to see that the authorities had not taken any action against the officers, who had allowed such kind of construction…but they are keen to create impediments and hurdles for the farmers who want to sell the agricultural land.”
The court expressed surprise that DM’s order asked the vendors to take the NOC. “It is just like asking “fox to guard the henhouse”. The authorities which are clearly responsible for mushrooming of illegal colonies in the floodplain zone are now being asked to give “No Objection Certificate”. This amounts to complete mockery of the system.”
The petitioners were the owners of agricultural land in different revenue villages of Gautam Budh Nagar. They wanted to sell off their agricultural land as they needed money. But when they tried to sell the land, they came to know that Noida authorities had passed an order “not to register the sale deeds of the agricultural land lying in the floodplain zone”.
The order, issued in Sept 2020, by the district disaster management committee headed by then DM Suhas LY, aimed at curbing illegal construction on the environmentally sensitive floodplains but had put brakes on the registration of agricultural land as well. It stipulated that before seeking registration, landowners must obtain an NOC stating the land parcel being transferred did not have any illegal or unauthorised construction on it.
Petitioners had argued the decision hindered their ability to sell lands as it was difficult to get the required NOC from the authorities. They challenged the order in the high court, which, on Sept 13, 2021, directed the authorities to respond.
Despite multiple hearings, the authorities failed to file a counter affidavit, prompting the court to threaten exemplary costs. Eventually, a counter affidavit was submitted, acknowledging the issue of illegal construction and encroachment in floodplain zones.
The affidavit cited a 2013 NGT order that directed the authorities to curb illegal constructions on the floodplain zones of the Yamuna and Hindon. To implement these orders, the NOC was presented as a reasonable restriction aimed at preventing illegal plotting and construction in floodplain zones and mitigating potential disasters. A reference was made to the Noida Master Plan 2031, which proposes no urban development should take place in the 5,000 hectares of land along the riverfronts of the Hindon and Yamuna. The plan suggested these areas should remain green and open, with the potential for recreational and tourism activities, but no urban development.
During the pendency of cases, a subsequent govt order, issued on July 8 this year, modified the procedure and timeline for submitting applications for document registration and obtaining NOCs from authorities.
Under this order, landowners intending to execute a sale deed were to submit an application to the additional DM (finance and revenue). The application would then be forwarded to Noida or Greater Noida authority for review and approval within 30 days. If the Authority failed to provide a response within this period, it was to be presumed that it had no objections, effectively granting a “deemed approval”.
Once the Authority gave its response, the additional DM would examine the report. The application would undergo further scrutiny by the SDM and irrigation department to ensure compliance with other relevant regulations. The application would then be sent to the sub-registrar concerned for registration of the sale deed.
In its Aug 22 order, the high court found both the Oct 2020 and July 2024 orders legally baseless. The court noted that similar orders had been overturned before, such as in 2011 and 2018, yet the district authorities continued to impose unlawful restrictions. It allowed the petitioners to execute the sale deeds and stated the registering authorities should register the documents in accordance with the law.

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