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
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
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
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.
Supreme Court hears an urgent plea by the father of a 38 year old boy who was allegedly killed in a "staged fake encounter" and was subject to grievous torture in custody. Father seeks permission for autopsy #supremecourt
Adv Ishma Randhawa: Petitioner was asked not to open the body packing saying it was chemically treated. when it was opened back home there were multiple injuries. when a second post mortem was sought it was dismissed and hc dismissed it on basis of jurisdiction
Justice Shah: Cannot you approach Calcutta HC
Adv Randhawa: In this case, there is a conspiracy.
Supreme Court hears a plea filed seeking directions for waiving the final examination of final year Post-graduate Medical Residents & constitution of a Joint Expert Committee for examining and recommending on their prayers #supremecourt
Sr Adv Sanjay Hegde: Prayers 2,3,4 are still pending. this is not adverse litigation. These students are on front line of covid.
Justice Shah: See second prayer which survives. How can they be promoted without exams?
Justice Banerjee: How can we pass a direction like this? You can’t be promoted without exams in this case
Hegde: But i can be considered notionally and service benefits be given
Justice Banerjee: we need not pass orders. universities are not even a party to this case
One of the lawyers for petitioners says they went to NHRC which then forwarded complaint to top police official who the sends it to the local police station.
The local police then says you have to face consequences. It is a vicious cycle.
BJP candidate for 2021 elections Kashinath Biswas alleges ransacking and destruction of his residence.
Shows photos.
"Is this your house," Bench asks.
"Yes," his lawyer says.
Bench asks him to follow the procedure in terms of the order dated June 4 to lodge complaint.
CBI had raised preliminary objection to the petition in the previous hearing. However hearing was adjourned to permit intervenors to file appropriate proceedings and other parties to file their responses.
#SupremeCourt to hear appeals by West Bengal government and State Law Minister Moloy Ghatak challenging a June 9 order of #CalcuttaHC refusing to take their reply affidavits on record in the transfer plea filed by Central Bureau of Investigation (CBI) in the #NaradaCase
The plea states that the rights of the State government and the Law Minister shouldn’t be closed "especially when CBI has been allowed to file additional affidavits at different stages." @MamataOfficial@AITCofficial#supremecourt
The Calcutta High Court in its June 9 order had noted that, "they (CM, law minister and state) have waited for the arguments in the case to be substantially completed before seeking to place on record their pleadings in response." #calcuttahighcourt#supremecourt#naradacase