Thread by @barandbench

[HALT DEMOLITION DRIVE]

Supreme Court to shortly hear a plea seeking stay on proposed demolition of about 10,000 houses at Khori Gaon, Faridabad Haryana, planned to be demolished by @MCF_Faridabad "any day"

#KhoriGaonDemolition
#SupremeCourt
@mlkhattar

Writ petition in #SupremeCourt under Article 32 challenges the Haryana Shehri Vikas Pradhikaran Rehabilitation Policy to the extent it limits the cut off for rehabilitation to 2003. Plea says @MCF_Faridabad demolished 1700 slums without following lawful procedure

The petition has been filed by 10,000 families living at a slum colony in Khori Gaon Basti, Faridabad, Haryana. They have been residing on government land since 1980. "Most of them, however, are unable to show any proofs of existence," says plea.

Senior Adv Colin Gonsalves: in the first round of litigation we were unable to get a favourable order. When we came here, we did not get an order to stop the demolition

Justice Khanwilkar: what was the HC intending to do and on what principle?

Gonsalves: it said people should be rehabilitated and right to housing cannot be denied. Haryana govt was asked to investigate all the claims.

Justice Khanwilkar: we had restated the same position

Gonsalves: when we go back to the High court and look at the policy then we see one of the clause of the policy was arbitray

SC: We had passed an interim order in Feb 2020 since it was an encorachment of forest land and it has to be vacated. In future if state wants to accommodate you that is up to the state.

#SupremeCourt: We are going to ask municipal corporation Faridabad now that after February 2020 why the encroachments from forest land till June 2021.

#SupremeCourt:So far as forest land is concerned no question of compromise irrespective of policy and whether state wants to accommodate them its up to them. why forest lands has not been completed till date?

Senior Adv Arun Bhardwaj for @MCF_Faridabad appears

Justice Khanwilkar: Are these petitioners not on forest land?

Bhardwaj: Yes

SC: Why have they not been removed yet then?

Bhardwaj: They are trying to encroach further

SC: First forest land has to be cleared. No concession with regard to forest land. don't give us covid excuses. File a compliance report in 4 weeks. Complete case of hand in glove situation perhaps !!

AAG Haryaa Ruchi Kohli: demolition is taking place

SC: provide complete security to municipal officials and let the forest land be cleared. Let state decide it wants to rehabilitate these people or not. we are not on that. First forest land has to be cleared.

#SupremeCourt: We had passed the order of eviction in February, 2020. Unless forest land is cleared we will not hear the petitioners

Gonsalves: Large numbers were evicted and given notices

SC: we also say that entire land is cleared and you are obstructing.

Gonsalves: we have reconciled to our fate. You order is sacrosanct and we will cooperate

Bhardwaj: petitioners should say that they will cooperate

Gonsalves: Please don't make off the cuff remarks

SC: We make it clear that if petitioners resist the eviction drive then we will be dismissing this petition, Mr Gonsalves please advise your clients to vacate the land in two weeks on their own. Failing which state and municipal corporation will clear the land.

#supremecourt: this action is circumventing the High Court order of 2016 and our order of February,2020. Mr Gonsalves stop this thing of having it and eating it too.

Gonsalves: if that time is used so that after demolition accommodation is given

SC: That state will examine..

Justice Khanwilkar: When you come here Mr Gonsalves, you speak of rule of law, is this rule of law? You grab forest land and then you ask a policy to be formulated

Gonsalves: if there was a reasonable cut off date, This is the worst cut off date

SC: In 2020 we had make it clear corporation must clear the forest land. You should have vacated on your own

SC: Land grabbers are talking of fairness?

Justice Dinesh Maheshwari: We had reiterated all this in April 2021 too.

Justice Khanwilkar: letter of law has to be followed

Gonsalves: if the cut off date comes upward like Delhi to 2015 several will be entitled to rehabiliation

#SupremeCourt: We are not dismissing the petition but first Feb, 2020 order has to be complied with, we are not happy with partial compliance.

Gonsalves: Let the people be accommodated as soon as they are evicted

SC: Who is asking this? Land grabbers? when you come to court you become honest and law abiding. On site you don't do anything lawful. they are poor mine workers of Aravalli.

#supremecourt

SC: Vacate the premise on your own so that corporation does not have to spend on evicting you, if you want your petition to be considered, be a law-abiding citizen. You can have them pressurize you to leave and then ask for accomodation

Gonsalves: During COVID, they will be scattered

SC: Sorry, we are saying sorry plainly. this is not the matter should be resolved. Meantime there will be some other grabbing of the forest land. First land has to be free. We will send someone to ascertain it and not depend on the certificate by the Chief Secretary.

Gonsalves: they are poor people during COVID...

SC: This is about forest land and this is more important. you are wearing two hats and now you talk about humanity and when you come for environmental law matter you will speak of environmental rights.

Justice Khanwilkar: we can give reasons for dismissing the writ.

Gonsalves: we are at your mercy

Justice Khanwilkar: vacate it peacefully else we will ask the people to be removed with force

.@MCF_Faridabad : They are throwing stones at us..

Gonsalves: they are asking for a title deed but we don't have that

SC: As per policy whatever documents required for rehabilitation you have to provide no concession about it

Gonsalves: but the 2003 cut off date...

SC: That is for policy makers to decide and we will not entertain it. this being forest land there cannot be any compromise.

#supremecourt

Supreme Court: take 2 minutes and speak and inform you will vacate on your own But if you don't we will ask authorities to evict you on their own in 6 weeks.

Gonsalves: we will take some time since no place to go. But after we give undertaking can you look at the cut off date

Gonsalves: everywhere its stated rehabilitate and then vacate.

SC: Please note that you are not under any policy, if you are under a policy then corporation is compelled to

Gonsalves: if the policy is unjust then court can remove it in a minute

SUPREME COURT ORDERS 1/n #supremecourt

"In our opinion the petitioners are bound by the directions given by HC and SC in order dated feb 2020 and April 2021. the relief claimed by petitioenrs can be considered de hors the compliance given earlier in order dated Feb 19 2020.

2/n SC: Therefore we reiterate our directions given to state and corporation and expect that the corporation will remove all encroachments on forest land not later than 6 weeks and report compliance under the signature of Chief Secretary and Secretary of Haryana Forest Dept

3/n SC: After the certifcates are produced we will determine on our own the factual position.

4/n SC: we make it clear that @MCF_Faridabad will proceed as stated in Feb 2020 order and state will give necessary logistical support to enable corporation to fulfill evict the occupants on forest land and clear encroachments

5/N SC: DCP Faridabad will be responsible to provide police protection to the corporation officials.
#supremecourt

Bhardwaj: Please ask Mr Gonsalves to state that stones will not be thrown

Supreme Court: we have asked them to use police force

Justice Maheshwari: It is like corporation does not intend to evict

SC ORDERS: We order that the Chief Secretary of the corporation ensure the compliance of this order in 6 weeks. List this matter on July 27, 2021.

SC: We make it clear that if the certificate does not portray it truthfully that forest land is cleared, there will be contempt action. Now secretary of forest department has to reply. Next Chief Secretary of Haryana will be held responsible for this.

#supremecourt

[Faridabad Khori Gaon demolition] Evict occupants on forest land, clear encroachments within six weeks: Supreme Court says "no compromise"

reports @DebayonRoy
#SupremeCourt
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