The counter affidavit alleged that FedAOA had vested interests in the PIL, which spoke against the authority's inability to check encroachment in residential areas. Read on...
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After receiving flak, the Ghaziabad Development Authority (GDA) has decided to withdraw its counter affidavit submitted in the Allahabad High Court against the public interest litigation (PIL) filed by Federation of Apartment Owners Association (FedAOA). The PIL spoke about the authority’s inability to check illegal commercial establishments running in residential areas in Indirapuram.
Santosh Rai, secretary of GDA said, “The authority will file a fresh counter affidavit in the court soon.”
GDA, in the affidavit, had alleged that the FedAOA has vested interest and ulterior motive behind the PIL. Indirapuram’s FedAOA, who had filed the PIL, had alleged that the GDA was unable to contain commercialization and operations of unauthorized shops in residential areas.
In the affidavit, GDA had alleged that “the present PIL has been filed by the petitioner’s society just to create pressure upon the owners of illegal commercial units so that the petitioner’s society members may run their business in Indirapuram smoothly and without hindrance.”
“The members of the petitioner’s society are also running commercial units in Indirapuram, therefore the petitioner has its own interest in the petition. The PIL filed by petitioner is not for public interest while it’s for personal and private interest of the petitioner,” the affidavit read further.
GDA also sought dismissal of the PIL. “The litigation is not maintainable and is liable to be dismissed with heavy cost.”
The GDA had filed the affidavit after the court in its order dated October 24 had asked the authority and district magistrate (DM) to file a status report regarding the steps taken to shut such establishments.
FedAOA had filed a PIL in the court seeking seizure of all commercial establishments running in residential areas of Indirapuram. The plea asserted that commercial operations are hampering the peaceful life of citizens and creating traffic menace in the area.
Alok Kumar, petitioner and president of FedAOA, rubbished the allegations. “This is the height of hypocrisy. The authority has totally failed in checking these illegal encroachments and they are blaming us for having vested interest. We will file a rejoinder next month when the court opens,” Kumar said.
The PIL had also alleged GDA for being involved in and shielding unauthorized commercial establishments which has led to chaos in the area. “Look at all the roads in Indirapuram! We see commercial activities at every nook and corner of the city, which, in fact, was developed only for residential purpose,” Kumar said.
