Even as Faridabad Municipal Corporation is continuing with the top court mandated #KhoriGaon demolition in the forest areas of Aravalli, #SupremeCourt to hear a batch of petitions seeking to halt the demolition and direct the state for rehabilitating the displaced 
When the Haryana government had earlier submitted that encroachers were pelting stones on officials, the Supreme Court said that no order was required and that the authorities "knew what to do."
#supremecourt #khorigaon
#supremecourt #khorigaon
On June 7, the top court had 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.
#supremecourt #khorigaon
#supremecourt #khorigaon
Senior Advocates KTS Tulsi, Colin Gonsalves appear for petitioners
Sr Adv Tulsi: Delhi government has not rehabilitated the ones who have been displaced. Haryana is rehabilitating.
Sr Adv Arun bhardwaj, AAG Haryana : I have filed a short reply. pursuant to the June 7 orders we have detailed what are the steps we have taken so far. a certificate was directed to be filed to show all illegal structures are removed.
Sr Adv Bhardwaj: we held several meetings for a planned demolition drive. We arranged trucks to remove debris. we informed them to leave before hand
Justice Khanwilkar: How much is left?
Justice Khanwilkar: How much is left?
Bhardwaj: out of 150 acres, 74 acres of illegal structures have been removed and we have claimed it back. we need three weeks more
SC: We will give you a month more to complete it
SC: We will give you a month more to complete it
AAG Haryana informs that an IAS officer is present to brief the court in hearing.
Adv Ruchi Kohli for Haryana: we are following the due process of law. we have filed a short affidavit.
Adv Ruchi Kohli for Haryana: we are following the due process of law. we have filed a short affidavit.
Sr Adv Colin Gonsalves: First is rehabilitation.
SC: That work is going on simultaneously. if you are eligible you will get it. that is subject matter of your writ petition.
Gonsalves: there is a new scheme now
SC: Is the new policy on record?
SC: That work is going on simultaneously. if you are eligible you will get it. that is subject matter of your writ petition.
Gonsalves: there is a new scheme now
SC: Is the new policy on record?
Gonsalves: Please see the additional affidavit of the petitioner. Not a single person has been put into houses
SC: This is a draft policy. We need the final policy. you can give your suggestion to authorities and let final policy come on record
#khorigaon #supremecourt
SC: This is a draft policy. We need the final policy. you can give your suggestion to authorities and let final policy come on record
#khorigaon #supremecourt
Gonsalves: demolitions have taken place and not a single person has entered any house
SC: Has any representation been made to the government based on this policy?
Gonsalves: the writ can be considered as a representation
SC: This policy is by which department
SC: Has any representation been made to the government based on this policy?
Gonsalves: the writ can be considered as a representation
SC: This policy is by which department
Gonsalves: The corporation has designed the policy
Justice Khanwilkar: it has to be the state govt
SC to Adv Kohli: this policy is by the corporation or by the state?
Adv Kohli: it is by the corporation and earlier policy is also of the corporation
Justice Khanwilkar: it has to be the state govt
SC to Adv Kohli: this policy is by the corporation or by the state?
Adv Kohli: it is by the corporation and earlier policy is also of the corporation
SC: Earlier policy is of the state govt, Mr Bhardwaj submitted so?
AAG Bhardwaj: the earlier policy is of the state
SC: So this one?
AAG: Corporation looking at the human angle is framing a policy
AAG Bhardwaj: the earlier policy is of the state
SC: So this one?
AAG: Corporation looking at the human angle is framing a policy
SC: The petitioners has some points, please take the representations.
AAG: Suggestions are welcome
SC: We will give you one week to do this
Gonsalves: these people are on the streets now. you have to think early
AAG: Suggestions are welcome
SC: We will give you one week to do this
Gonsalves: these people are on the streets now. you have to think early
Justice Khanwilkar: you have a draft policy, incorporate their suggestions and move ahead. 10 days should be good enough, Saturday and Sunday excluded.
Gonsalves: My second submission is there are very large numbers and an IAS officer has written how come these farm houses and commercial establishments continue..
SC: You can be rest assured no illegal structure will be permitted in first areas whether it is slum or farm houses
SC: You can be rest assured no illegal structure will be permitted in first areas whether it is slum or farm houses
SC: We are on unauthorized structures on forest land.
we will say clearly that all unauthorized structures on forest land should be removed without distinction.
Gonsalves: there should be no perception that poor are gone and rich continue to be in forest lands
we will say clearly that all unauthorized structures on forest land should be removed without distinction.
Gonsalves: there should be no perception that poor are gone and rich continue to be in forest lands
Gonsalves: Mr Ashok Khemka filed an RTI application and sought details of all the establishments in the forest area.
SC: Is this a part of the other forest area?
AAG: Yes, it is.
SC: all unauthorized structures have to be removed.
SC: Is this a part of the other forest area?
AAG: Yes, it is.
SC: all unauthorized structures have to be removed.
AAG: I am thankful to Mr Gonsalves that he presses for this that unauthorized structures be removed that is why he should impress upon his clients also to voluntarily leave the forest lands. we have removed encroachments without loss of a single life
SC: If they don't removed the structure then question will arise. there will be no presumption that corporation will not remove them.
Gonsalves: all are on streets. stituation is very tragic. during covid especially..please ask them to frame the policy in a week
Gonsalves: all are on streets. stituation is very tragic. during covid especially..please ask them to frame the policy in a week
Gonsalves: let all those who are homeless be put in houses
SC: Let them frame the policy. we will facilitate that if you have rights under the policy.
SC: Let them frame the policy. we will facilitate that if you have rights under the policy.
SC: assurance has been given that all under 2003 policy will be rehabilitated. But for the new policy this has to be framed. you are repeatng the same thing. how can there be rehabilitation before policy is framed? corporation is willing to do it.
Gonsalves: this draft policy... they are saying people have to pay thousands or lakhs. Most of the people are covid stricken. it should not be a policy on paper but a policy on practice.
SC: You are discussing the same thing again.
SC: You are discussing the same thing again.
SC ORDER IN ITEM 303: Pursuant to order dated June 7, 2021 status report has been submitted by the corporation. Faridabad corporation states out of 150, 74 acres of land have been cleared. Corp requires some more time to take action against unauthorized structures
SC ORDER IN ITEM 303: in view of the humongous task involved we accept the request and grant four weeks further time from today for taking necessary steps in terms of earlier order.
SC ORDER IN ITEM 303.1 : Mr Gonsalves appearing for petitioner invited our attention to the draft policy framed by Faridabad Municipal Corp. As regards to it, suggestions can be made by petitoners to commissioner of corporation by tomorrow. That being considered...
SC ORDER IN ITEM 303.1: the corproation to issue formal policy document thereafter. that exercise be completed by the corporation in the coming week as the current policy be notified not later than July 31, 2021.
SC ORDER IN ITEM 303.1: If the policy is as formulated is not acceptable to the petitioners then it will be open to them to challenge the same on grounds permissible in law by formal application. we will take this up on August 2, 2021.
SC ORDER IN ITEM 303.1: August 2, 2021, 2 pm, next hearing. Mr Gonsalves also invited our attention to para 10 of application to several structure already identified by Mr Ashok Khemka, IAS.
@AshokKhemka_IAS
@AshokKhemka_IAS
SC ORDER IN ITEM 303.1: The properties has been identified by the Forest Minsiter Haryana Mr Inderpal Singh, needless to observe the direction to remove all unathorised structures on forest land applies to all structures without any exception including structures referred here
SC ORDER IN ITEM 303.1: this shall be completed in the time frame as specified above.
AAG: These farm houses etc can be beyond the 150 acres.
SC: If its farm houses or anything in forest land has to be taken down. else you have to explain why it has not been demolished.
AAG: These farm houses etc can be beyond the 150 acres.
SC: If its farm houses or anything in forest land has to be taken down. else you have to explain why it has not been demolished.
SC: Mr Bhardwaj, all resources will be made available to you. Please proceed as per law. When this plea came up we asked whether you want to vacate on your own, they said no. that's why we passed that order. no point in repeating it.
Sr Adv KTS Tulsi makes submissions: those persons on Haryana side are getting all rehabilitation benefits. but the ones on delhi side
Justice Khanwilkar: other matters are not before us. we are on Faridabad municipal corporation case
Justice Khanwilkar: other matters are not before us. we are on Faridabad municipal corporation case
Sr Adv Tulsi: i will file a petition. Please implead the centre and delhi government.
SC: We will deal with it separately and it will be different than this. we ar eonly concerned with Faridabad here.
SC: We will deal with it separately and it will be different than this. we ar eonly concerned with Faridabad here.
Tulsi: Rehabilitation will be expedited and has to be with same speed as the demolition.
SC: You wait for a while, once these proceedings are over we will take up those proceedings.
SC: You wait for a while, once these proceedings are over we will take up those proceedings.
Sr Adv Sanjay Parikh: a June 17 order was passed where it was said they will verify whether these people need rehabilitation. some are covered under the 2003 policy
SC: are you in a position to submit a list? you can submit it to Mr Bhardwaj
SC: are you in a position to submit a list? you can submit it to Mr Bhardwaj
Parikh: When demolition is happening they are not following what is there in the additional affidavit. suppose 1 lakh person is entitled... but now where will they go. they have find shelter under the tree.
SC: If a specific case is brought before us we will look into it
SC: If a specific case is brought before us we will look into it
Parikh: let them point out a single case where a person has been given a shelter. let them place it on record. kindly take care of them as human beings.
SC ORDER 303.2: It is submitted that the state govt has given assurances in the affidavit but are not being followed. As those specific instance is presented before us, we reiterate that state must comply with the assurance given in affidavit in above terms without any exception
SC ORDER 303.2: If any affected person has a grievance about any non-compliance can bring this to the attention of the commissioner to take corrective measures so required. In this case if no relief can be given then reasons be recorded so that court may examine it on next date
Parikh: please look at food and water, there are pregnant women too.
Adv Kohli: corporation has provided support to lactating women in the affidavit too.
SC: Provide support as per affidavit or else we may take corrective measure or give us reasons.
Adv Kohli: corporation has provided support to lactating women in the affidavit too.
SC: Provide support as per affidavit or else we may take corrective measure or give us reasons.
Sr Adv Meenakshi Arora: We are requesting for a very difficult prayer. I cannot say that let places be no demolished. all that i am praying is a policy now needs to be there in 10 days. I request that we are in monsoon and covid pandemic. Would you not consider....
SC: Autorities know better. they have compassion. if they donthave compassion you can make the grievance here.
Aroa: UN report had said last year that there will be people who will be homeless
SC: UN should have read our previous orders and paperbooks.
Aroa: UN report had said last year that there will be people who will be homeless
SC: UN should have read our previous orders and paperbooks.
SC: Corporation will know the ground-level reality. It is up to the authorities to take a call. you can also make a representation.
Arora: there are 1.5 lakh settlements, about half area is cleared, and those 70,000 have not been accommodated. Let the commissioner be apprised
Arora: there are 1.5 lakh settlements, about half area is cleared, and those 70,000 have not been accommodated. Let the commissioner be apprised
Arora: where is the time to make representation when they come tomorrow morning with bulldozer.
SC: We are not here to discuss all aspects of demolition. corporation knows how to take this forward.
SC: We are not here to discuss all aspects of demolition. corporation knows how to take this forward.
Adv Mohit Paul: Your order is being treated en bloc.
SC: Logistical issues have to be looked into. people are on the streets and has no where to go. Mr Bhardwaj is here..
SC: Logistical issues have to be looked into. people are on the streets and has no where to go. Mr Bhardwaj is here..
AAG: Will they suggest dates for demolition?
SC: You may look at logistical necessities. if you give an outlay.. then they can suggest how to take it ahead..
Bhardwaj: Demolition is a very sensitive subject matter. we will implement your order we need some leeway
SC: You may look at logistical necessities. if you give an outlay.. then they can suggest how to take it ahead..
Bhardwaj: Demolition is a very sensitive subject matter. we will implement your order we need some leeway
Bhardwaj: some are vacating, some are not, some are protesting too. all sort of scenes exist their. to repel protest we need some planning. that is why advance notice cannot be given. notice has been fixed
Bhardwaj: this should left on the widsom of the commissioner to decide.
Arora: demolition will happen. but question is are you rehabiliating people. a notice can be put so that these people of this block can move to these areas and thus demolition will happen here
Arora: demolition will happen. but question is are you rehabiliating people. a notice can be put so that these people of this block can move to these areas and thus demolition will happen here
Due to a technical glitch, the hearing will take a while to resume.
Hearing reusmes
Justice Khanwilkar: time and date of demolition may not be possible to give
Arora: i am on the phase wise possibility
#supremecourt
Justice Khanwilkar: time and date of demolition may not be possible to give
Arora: i am on the phase wise possibility
#supremecourt
Arora: Can the state turn around and say they have done it?
SC: without pointing specific instances you want general directions from us? that is not possible. commissioner is the highest officer of the corporation
SC: without pointing specific instances you want general directions from us? that is not possible. commissioner is the highest officer of the corporation
SC: you can make representation to the commissioner and this be over in two weeks.
AAG: shelters are available today even now in red cross society. it is there in our affidavit.
SC ORDER 303.3: Ms Arora submits that authorities be directed to give sufficient notice to concerned officer before initiating demolition action so that officers can make their alternative arrangements. those who are not in a position to arrange the same can approach commisioner
SC ORDER 303.3: AAG submits such a notice is not possible and is happening as per logistical arrangement in place. we understand the stand taken by corporation.
SC ORDER 303.3: He submits that occupants are being accommodated in red cross society who don't have any alternate arrangements and also in their affidavit. there is nothing to doubt this stand taken.
SC ORDER 303.3: The petitioner can approach the commissioner for alternate accommodation before the demolition work begins and suitable directions can be issued by commissioner.
SC ORDER 303.3: The fact that the alternative shelter offered to the concerned applicant is not acceptable can be no reason to delay the demolition of the structure.
SC ORDER 303.3: Necessary corrective measures can be taken as per the directions of the commissioner. it has been pointed out that in the affidavit it is said prior notice has been given about the proposed action.
Matter over.
[Khori Gaon demolition] UN should have read our previous orders and paperbooks: Supreme Court
report by @DebayonRoy
#SupremeCourt #khorigaon @UN
Read more details here: bityl.co/7ygT
report by @DebayonRoy
#SupremeCourt #khorigaon @UN
Read more details here: bityl.co/7ygT
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