Thread by @barandbench

#SupremeCourt to continue hearing Petition seeking rehabilitation of those displaced after the #KhoriGaon slum in #Faridabad in the State of Haryana was demolished for having encroached forest lands.

SG Tushar Mehta: We as State of Haryana are supposed to examine which area falls under forest area. This process is ongoing, we are unable to file the report yet. We have circulated a letter. The prayer is 4 weeks.

#SupremeCourt #KhoriGaon

AAG Haryana, Senior Advocate Arun Bhardwaj: We have notified a housing plan and all the residents are being taken care of.

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Senior Advocate Colin Gonsalves: We have filed a report. Everything that has been told to your Lordship about rehabilitation is totally wrong. We conducted survey of the area and interviewed the people.

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Senior Advocate Colin Gonsalves: They said there was temporary shelter. But there is none, it is a falsehood. The testimonies of the people who were there, they told us.

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SG Tushar Mehta: These are self serving reports filed by some social activists. I would like to see on principal.

Gonsalves: I will send it to you right away. And if you could help, that would be great.

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Court: Take us to the report and show us what you need immediate intervention of the Court with.

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Gonsalves: The team found that a temporary shelter was promised, but the tent set up by the Aashram could barely accommodate all the people. There is hardly any space for families to keep their families.

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Gonsalves: It was also argued that just because they were poor, the government was not taking heed of the concerns of their sisters and daughters. They were only allowed to stay for 2-3 days.

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Gonsalves: Half the tent was occupied by the volunteers of the Aashram giving Covud-19 vaccine. They were only given food once a day. They were turned away when they did not have documentation.

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Court: We don't want to hear regarding rehabilitation. Just tell us about immediate concerns.

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Gonsalves: Even for one meal, they say show me your identification. They look at people with a great deal of suspicion.

Court: So, identification is necessary.

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Gonsalves: There is no electricity or drinking water. The toilets have a stench and are never cleaned. You can see the photographs of this room.

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Court: When are these pictures from?

Gonsalves: 6th August.

Court: The Affidavit says that cleaning is being done. Is the situation the same?

Gonsalves: Our people went again 2-3 days back, it is the same.

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Gonsalves: If they are saying the situation is different, I will not look at it adversarial but look at these conditions.

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Gonsalves: They don’t allow me to stay at the temporary shelter. I come for the meal, then they ask me to go. Let me show you the testimonies of the people who we interviewed.

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Gonsalves: It is just food & go out. Further, there is no protection from the drain, people are falling ill. People have no clothes after demolition. And everywhere if you do not have electricity bill, they treat us very poorly.

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Gonsalves: Everyone is saying that police is scaring them away. Why? What have they got to do with the demolished sites where people are sitting on the debris?

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Court: The debris is there because unauthorised houses were demolished. You cannot sit there. Please understand what we are saying.

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Sr. Adv. Colin Gonsalves: I understand what your Lordships are saying. You please understand what I am saying.

Court: If that is how you want to proceed..

Gonsalves: What can we do? We have not been given rehabilitation. We have nowhere to go. So, yes we are sitting on the debris.

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Court: We have to allow the administration to work in a structured way, Sir. You will interview few people, put their photographs- what are we doing? This report leads us where?

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Gonsalves: Can I just summarise? I just need these basic needs met- shelter, three times/day food, clean water, clean toilets, electricity etc.

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AAG Haryana Senior Advocate Arun Bhardwaj: I reject this report in toto. We have been providing all necessities to the people. You cannot paint us black like this. We have been providing food, water, toilets.

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AAG: In case there is any person, we are ready to help him but we cannot be inviting the public. It is only for those who have been displaced. It is temporary. Of course we will ask for proof.

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AAG: If strangers are permitted, another khori will come up. There has been no incident of malnutrition, they are protected from sun & rain, My Lord.

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Senior Advocate Sanjay Parikh: There should be an independent monitoring of the shelters. Reads out report.

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Parikh: these photographs were taken on 19 th August.
Naturally when the houses were demolished, they had certain belongings. The temporary shelter should be at least enough for them to be able to live there for 6 months.

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Parikh: In the reply they say it is only for two or three days and they are meant to find other place. Where will they go? There are at least 1 Lakh displaced people.

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Parikh: this has to be the interpretation of the temporary accommodation. Not what they have said.

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AAG: Let me just say, the food is freshly cooked. We are also providing ₹2000 to each family till they move to permanent accommodation. This is all the State can be expected to do. The eligibles will be considered.

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Court: How early will this happen?

AAG: We will pay them ₹2000 for at least two months. We will finalise the list and start appointing houses.

Court: How long will this take?

AAG: About 8-10 weeks probably.

Court: Per case or all together?

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Court: And accommodation is readily available?
AAG: Only a few renovations need to be made, process will be done quickly.

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Court: If you receive an application today which has all requisites, you may provisionally allot the accommodation without waiting for the entire 8 weeks, and if it is sound that documents are fabricated- you can throw them out.

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Court: So you examine this recommendation and get back to us.

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Senior Advocate Sanjay Parikh: My only request is that in the time being people be taken care of.

Court: Shelter can only be provided to those who are eligible. Let us be very clear.

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Advocate Mathews J Nedumpara, appears for the slum dwellers: I am only bringing out certain legal aspects. Your Lordship can completely disagree with me.

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Court: We are not listening to any law at the moment. Your clients, they are from which place?

Nedumpara: They were residents of Khori Gaon. They have been evicted. My locus is that I was displaced.

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Nedumpara: If I have a right, law will provide a remedy. Law will provide a forum. Humanitarian ground is second.

Court: At the moment, we are seeing whether to allow you to intervene.

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Nedumpara: Let us assume, I am a total trespasser, I have no right. So long as the Constitution exists, can I be evicted from the premises without due process of law?

What is the due process- for the govt. to file a civil suit.

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Nedumpara: My submission is that no due process was followed. Here I am protected under the law of limitation. The government remained silent for 20 years. Therefore, the process is completely illegal.

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Nedumpara: I have the utmost request for my friend, Colin Gonsalves, but he suffered because he did not raise this.
Your Lordship cannot pass an order of eviction or demolition without hearing the parties.

Court: We record & reject your submission.

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Nedumpara: Your Lordship, I have done law to only do some good in society. And my only aim is to do so fearlessly.
With the utmost request, the Court has stepped into the domain of the executive. If I am a trespasser, it is for the authorities to take action.

#SupremeCourt

Nedumpara: It only human, we all err. Corrective action can be taken.

Justice Maheshwari (raised voice): Please. We have been hearing you for the last so many minutes. You have no locus. Where have you stated in your application that you were in occupation before 2003. Answer!

Justice Maheshwari: You say even one with unauthorised land can has the right to be heard. As per the Section 6 of the Specific relief Act can the government be filed against?

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[ORDER] In response to SG Mehta's request, #SupremeCourt grants 2 weeks’ more time to the forest dept. to notify the area.

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[ORDER] Court grants State of Haryana time to revert on suggestions made by the court regarding allotment of land.

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[ORDER] Court records submissions by Advocate Nedumpara observing that submissions by him are “unmindful of previous orders”, noting that corporation gave notice and public announcements to unlawful occupants.
Matter to be taken up next Monday at 2 PM.
#SupremeCourt #KhoriGaon