Thread by @barandbench

Khori Gaon Demolition:

#SupremeCourt is hearing a plea seeking rehabilitation for the Jhuggi dwellers who were evicted after forest areas were cleared by the Municipal Corporation of Faridabad at Khori Gaon in Faridabad, Haryana

#khorigaon

The Faridabad Municipal Corporation (FMC) has submitted before the Supreme Court a housing policy for rehabilitation of persons affected by the demolition of Khori Gaon jhuggis in Faridabad, Haryana

barandbench.com/news/litigatio…

Sr Adv Atmaram Nadkarni: We have filed a writ on behalf of anantpur villagers who too face threat of demolition. we seek listing of the case

Justice Khanwilkar: Yes we will see

Sr Adv Arun Bhardwaj: We are being led by ASG Aishwarya Bhati where we have given the time line for rehabiliation

Bhati: Please see paragraph 8 of the affidavit, please see the table in there. last date of application submission is Oct 15, scrutiny will be over by oct 25

Bhati: oct 27 is the date of eligible list publication, we will pay rent of 2,000 to the allottees till possession, handing of the flats will happen by April 30, 2022. the maintenance of the flat will be by an agency

SC: The handing over flats is 2022? what was told to us was different so that their outside stay is minimum. Allotment letter is not serving their purpose. they should get accommodation immediately.

SC: April 2022 is too long a period. We don't want to enter into this, we were told structure is ready and now you want time to give possession of flats.

Bhati: they are going to be paid rent of 2,000 per month. The buildings need some maintenance

SC: Mr Bhardwaj knows this. why is the corporation engaging new counsels. why is new counsels being engaged every time? you are giving us time schedules which we did not agree to

SC: We are on provisional accomodation. If the person is genuine and the right is genuine then let them get the final allotment letter and if not then evict by the police force.

Bhati: it is there. till September 6, we have received 24,000 applicants.

SC: What happened to the farmhouses? has anything been done on that front? we refuse to hear you Ms Bhati. We will speak with Mr Bharadwaj. is this trying to deviate from main discussion?

Justice Maheshwari: you are changing commissioners in between the hearing. we did not say anything. now new counsels.

Sr Adv Bhardwaj appears

Justice Maheshwari: Mr Bhardwaj we are waiting for your response please !

Bhardwaj: am i audible?

Supreme Court: yes we can hear you

Bhardwaj: there were 2 issues in last hearing. one was timeline for rehabilitation. we were asked to go through applications and thus we say last date to submit application is Oct 25.

Bhardwaj: more work required to be done in flats. some has seepage, some has electricity issues and are not habitable. for repairing purpose we have floated the tender and the repair will take approx four to five months. we will speed it up so that they are relocated soon

Justice Khanwilkar: The immediate problem can be redressed if you have one already readily available. so tell us what is the time frame to set it right? complete scrutiny in a week and provisional letter can be given so that they are provided some accomodation

SC: This can be subject to final adjudication and final draw of lots.

Bhardwaj: we can ask the allotted to shift to those flats after draw of lots. if any issue is pointed out.. we will immediately rectify and make it habitable.

Bhardwaj: this way the shifting and rehabilitation can begin and curing defects in the flats can also happen simultaneously.

SC: Your officers should be ready for the arrangement

Bhardwaj: my officers are capable and if there is a genuine problem we will come to you

SC: The repair work should not compromise the safety of the people. so last date of application is October 15.

SC: our suggestion is as and when application is made let provisional scrutiny be done and allotment can be done on the basis that allotment be done and subject to final allotment and final draw of lots.

SC: You have to convince that maintenance and repair work can happen simultaneously with people staying there

Bhardwaj: the flats are not new, it was made years ago and thus it needs repairs.

Adv Mathew Nedumpara: Is there a mechanism for aggrieved party can make a complaint or appeal against provisional allotment.

Justice Khanwilkar: Mr Nedumpara you want immediate relief or discussion on legal questions now

Adv Nedumpara: rights are important

Justice Khanwilkar: we direct the registry to mute Mr Nedumpara. This cannot go on.

Sr Adv Sanjay Parikh: I have no difficulty with immediate housing. I have been told that the structure was constructed long back. The commission can inspect some of the flats and which are safe they can be allotted on a provisional basis.

SC: Our suggestion is , when application is received don't wait for cut off, scrutinise it and give provisional accommodation. if you want to stay there then that 2,000 rupees will stop and they cannot have it both ways

SC: . after final decision is taken and subject to draw of lots they will get final and permanent place. Before putting and during their stay, we have already said that we are concerned about the safety.

Parikh: I have no difficulty apart from safety part

Sr Adv Colin Gonsalves: eligibility criteria is a concern

SC: we will see that later

Gonsalves: the cut-off date will pose to be a problem. rumours are flying that certain documents will be asked for which they won't be possessing.

SC: Instead of October 15 we can make it Nov 10. But more you stretch it, then more the entire process will get delayed

Gonsalves: policy says some documents has to be there. we saw many people don't have those documents.

Gonsalves: Out of 2300 the ones who are eligible will turn to be very less

SC: Max number of applications is not capped. we have to go with corporation scheme and availability of resources

Gonsalves: Can Mr Bharadwaj tell us how many are eligible. the clauses are so onerous that there will be very few as it would be illusionary rehabilitation

SC: Let it be rolled out first, you are pointing problems before it has started

SC: Mr Bhardwaj, is there a mechanism where an appeal can be made...

Bhardwaj: I do not recollect

Sr Adv Parikh: there is a mechanism as per the affidavit. e-portal is not working so please let it be there for applications.

SC ORDER
SC: the corporation is in principle agreed to roll out a scheme for allotment of premises/houses in view of rehabilitation of eligible applicants.

SC: corporation upon receiving of applications along with documents establishing eligibility of accommodation, provisional allotment letter to be issued after due scrutiny.

SC: such provisional letter to state such allotment is temporary and subject to final adjudication and final draw of lots and scrutiny of all participants.

SC: The applicant concerned and his family members to give undertaking to corporation that as and when called upon to vacate in the event of failing to establish eligibility criteria or remedy of appeal shall vacate in 2 weeks.

SC: if the applicant is successful then a final allotment letter to be provided as per the rehabilitation policy of the state.

SC: Mr Bhardwaj has assured that after provisional allotment if any repair and maintenance to make it habitable is required same shall be carried on by the corporation preferably within 10 days of the intimation given by the applicant to the concerned official of the corporation.

SC: When such repair work is carried on safety and security of the residents to be kept in mind.

SC: as regards to proposed schedule some apprehension is expressed by counsels appearing for affected persons. according to them Oct 15 will be short period to comply with necessary formalities. it is open to corporation to shift Oct 15 cut off date as requested by counsel

SC: The rent of 2,000 offered to the concerned applicant shall stand discontinued after provisional accommodation is granted.

#supremecourt #khorigaon

SC: List the matter on next Monday, 2 pm. List the petition by Anantpur villagers also on Monday as mentioned by Sr Adv Nadkarni

Bench rises

#supremecourt