The Allahabad High Court has overturned a Uttar Pradesh government decree that required district approval for transferring agricultural land in the flood plains between the Hindon and Yamuna rivers. The ruling deemed such restrictions beyond the powers granted by the Disaster Management Act and contrary to constitutional rights.
The contentious decision, initially enacted under the UP Industrial Area Development Act and the Disaster Management Act, aimed to curb unauthorized construction in the flood plains. This followed a directive from the District Disaster Management Authority (DDMA) and an order from the Gautam Buddh Nagar District Magistrate in 2021.
The Court’s bench, led by Justice Mahesh Chandra Tripathi and Justice Prashant Kumar, criticized the restriction as a violation of Article 300A of the Indian Constitution, which guarantees the right to acquire, sell, and dispose of property. They highlighted that the Disaster Management Act does not grant the District Magistrate the authority to impose such restrictions, labeling the order arbitrary and discriminatory.
The Court noted that the restrictions, which required a “No Objection Certificate” from the authorities before a sale could be executed, were unreasonable and impractical. They argued that this demand essentially placed the responsibility for preventing illegal constructions on the very authorities that had failed to address the issue.
Dismissing the DDMA resolution and related government orders, the Court condemned the practice of forcing farmers to seek clearance from the same officials responsible for the problematic constructions. The ruling underscores a clear stance against imposing undue burdens on property owners while highlighting systemic failures in managing land use in flood-prone areas.
