Thread by @barandbench

#SupremeCourt to hear a batch of pleas by residents of Khori Gaon area challenging the demolition of 2,000 homes in the area. SC had clarified that demolition won't be halted and that all structures whether farm houses or slums must be removed from forest lands
#khorigaon

Faridabad municipal corporation had sought three more weeks to comply with the top court’s order of removing encroachments in the area. #SupremeCourt had granted them four weeks instead
#khorigaon

Bench assembles

Sr Adv Mukul Rohatgi appears for an applicant

Justice AM Khanwilkar: We will go item wise. What is the status ? (Faridabad Municipal Corp)

Sr Adv Arun Bhardwaj: Our deadline to finish demolition ends on August 27. the scheme will be finalised as we have given our inputs to the state

Adv Ruchi Kohli: its the new policy, we need to invite objections. Please have it by the end of this month. we need two to three weeks

Sr Adv Sanjay Parikh: there is no change now. they are asking for valid electricity connection bill and voters in the constitutency.

Justice Khanwilkar: let the final decision be taken. that policy can be challenged by you and its justness can be tested here

Sr Adv Parikh: where will this 1 lakh people go? almost 90 percent of the settlement has been demolished. Now they have said radha soami satsang can accommodate but only fifty percent can be accommodated there. Another one is red cross. Radha soami is also in forest area

Parikh: after ousting them the life and livelihood can be taken care of. red cross is no where to be seen. scheme may take a month or two

#supremecourt

Sr Adv Arun Bhardwaj: this is not correct. There are sleeping beds and toilers. fifty percent was on rent and they left and may migrated to the home of their relatives. red cross is adjacent to khori gaon.

Justice Khanwilkar: is that in forest area

Bhardwaj: no, closer

Justice Khanwilkar: If you are making statements in court, please verify the same.

Parikh: i was instructed so..

SC: Those who are instructing you should know they cannot get away with the statements.

Sr Adv Bhardwaj: there are COVID testing labs also. For removing debris also we are providing trucks etc so that any removable etc can be provided back. we will shortly file completion certificate

Justice Khanwilkar: you have also done videography

Bhardwaj: Yes we have

Adv Srishti Agnihotri: Clarifying the instructions. The point of radha soami satsang on forest land is a part of the NGT list. we can place it on record

Justice Khanwilkar:If its in forest area it has to go

Bhardwaj:We have to verify this

Sr Adv Parikh: we will place on record

Justice AM Khanwilkar: is it possible to provide a nodal officer in the nearby area to receive complaints on behalf of the commissioner since they might not be able to travel to Faridabad main city.

Sr Adv Colin Gonsalves: we will file the affidavit that rehabilitation is hardly there and the state is very poor.

SC: Those who are eligible are likely to get rehabilitated/ those who are no eligible why they should be rehabiliated. they are encroachers and land grabbers

SC: Do not multiply affidavits. It will not help you or us.

Gonsalves: we will place all our material before the commissioner

SC: Similar accommodation can be provided nearby

SC: in terms of previous order the corp is expected to complete the removal of unauthorized structures standing on forest land before 23rd August 2021. The matter may be kept on August 25, before which commissioner may submit further status report.

SC: such report should include the issues raised today regarding representation that will be made to commissioner, the outcome of such representations be indicated briefly in the status report.

SC: Corp counsel sunbmits draft policy is submitted to state for approval and that process be expedited and a final decision be taken before the next date of hearing.

SC: To assuage the grievance of the people, the commissioner may consider setting up an extended office in the Radha Soami Complex where the concerned persons have been provided temporary accommodation. Let this be done within two days

Sr Adv Mukul Rohatgi: this is an application by some people who have their own lands in the area and not encroachers and are using this land to host marriages.

Justice Khanwilkar: is this forest land?

Rohatgi: its not notified under forest act

Rohatgi: NGT had barred us to host marriages in the lands and the supreme court had stayed the order. Now authorities came on July 23 to break our walls and sends notices to us now.

Justice Khawilkar: if it is forest land then they have to abide by our orders

Justice Khanwilkar: we will list this IA with the main appeal. What is the time given to you to remove the structure?

Rohatgi: four days

SC to Sr Adv Arun Bhardwaj: if its forest land you can proceed but if its not on forest land then you may not proceed.

SC: Please point out to the authorities that it is not forest land. we will give you time for this. List this IA along with civil appeal on August 6 before this bench since issues are overlapping.

SC: In the meantime the applicants are free to present material before competent authority who have alleged it to be unauthorised structure so that it is considered.

SC: Mr Bhardwaj, if its forest land you proceed, if its not forest land don't proceed till Friday

Adv Mohit Paul: If a dedicated email id may be given. These are uneducated people.

SC to Sr Adv Bhardwaj: Along with extended office, an email id can also be provided