Supreme Court Bench headed by Justice AM Khanwilkar to shortly hear a PIL seeking stay on the demolition of 10,000 houses in Khori Gaon in Faridabad, Haryana, after #SupremeCourt directed to clear the encroachments on the forest area
#khorigaon
#SupremeCourt had earlier directed
the Municipal Corporation of Faridabad to use "police force, if needed" to remove all jhuggis and encroachments on Khori Gaon forest land within six weeks

barandbench.com/news/litigatio…
Matter begins
#supremecourt #khorigaon
Adv Aparna Bhat: we are here for limited purpose. there are 10,000 families residing there

Justice Khanwilkar: don't give us numbers we want the forest land to be cleared. notification was issued to clear it too still you are there at your own risk

#supremecourt #khorigaon
Bhat: On rehabiliation ...

SC: as per scheme, not general rehabilitation..

Bhat: there is en masse eviction. whether I am eligible for rehabilitation or not is subject to identification.

SC: come in appropriate proceeding and not othersise
Justice Khanwilkar: Have you seen our April 5 order?

Bhat: it is annexed..there has to be some identification process which needs to be carried out

SC: We reiterate that Faridabad Municipal Corporation will take measures in accordance with law
Bhat: at least my right to rehabilitation under their scheme will be protected.

Adv Arun Bhardwaj appears for the Faridabad Municipal Corporation

Justice Khanwilkar: you have to give the rehabilitation benefit as per the policy
Bhat: let the eviction be done before rehabiliation

Justice Khanwilkar: have you given documents for identification? creating title is not the question, you have to establish the possession. one year was given to you. we cannot help you
Justice Khanwilkar: everytime giving excuses

Bhat: all of them are migrant labourers look at them how they are now

Justice Khanwilkar: we want only forest area to be vacated. rest state will look into it. Olga Tellis also gave one months time, don't forget that.
#SupremeCourt: let them carry out whatever excercise they are doing

Bhat: they have come with equipments to evict now

Justice Khanwilkar: yes let them do it

Bhat: where will we go now?

SC: State will look into it
Bhat: they are destitute people and they don't have wherewithal to go someplace else

Supreme Court: we have time and if you have not given documents etc then it is your problem. Should we ask them to be removed tomorrow?
Bhardwaj: we have started the demolition

SC: Let them carry it out, but we clarify that even after demolition you can submit documents to the corporation.
Bhat: I have also annexed the over all guidelines for eviction during pandemic

SC: We are not concerned with global guidelines.
#supremecourt orders:

Justice Khanwilkar: in our opinion, no indulgence is required to be shown by this court at this stage. the petitioners would be permitted to produce documents at the corporation. The people had enough opportunity to vacate the forest land after Feb, 2020.
SC: Petitioners were obligated to provide documents to be under the rehabilitation scheme which they have failed to do. We have recorded the submission that clearance of unlawful encroachment on forest land will be carried out as per due process of law
Supreme Court: the corporation and state may proceed on the basis of the commitment give to court on earlier occasion and in order dated June 7, 2021. nothing more is required to be said in this petition. large issues pending in SLP 590/2021 let this matte le listed on July 27
SC: We make it clear that the pendency of the proceedings here will not come in the way of clearing the encroachments.

Adv Ruchi Kohli: there is stone pelting whenever we go there

SC: you know what to do, we don't have to say. we want our orders to be compled
Adv Kohli: Police is completely ready to assist

Bhat: please ask the state to provide a shelter to the children etc

Justice Khanwilkar: that is for the state to look into. all this was argued again and again.
Bhat: this is extraordinary

Supreme Court: what is happening is extraordinary. This is not rule of law. we gave time to vacate on your own. now you have come by this petition. someone else will come again. here after you will have no locus to address us on the environment
Justice Khanwilkar: if you would have submitted the documents then rehabilitation would have happened. but nothing was done. we had protected all by the February order.

Matter over

#supremecourt

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