#SupremeCourt hearing IAs relating to compensation and rehabilitation of those displaced by the demolitions in Khori Gaon, Faridabad.

Matter before Justices Sanjay Kishan Kaul and AS Oka.
SC: Only issue before us is the new houses are not habitable and the 2000 Rs solatium.

Counsel for Faridabad Municipal Corporation says steps still being taken in this regard including clearing further encroachments.

#SupremeCourt
Counsel says flats are habitable.

SC: Given the scenario earlier, very difficult to believe your officers.

Counsel: I went and can go with Mr Parikh.

SC: We can send an in independent commissioner. We had modified order relating to solatium.
Counsel: We had said payments till flats are ready but they are saying till possession.

Order: Prima facie photographs from earlier had shown the flats in a poor state.

Counsel: Individual flats may have some problems but now all issues including water and electricity solved
Order: So far as solatium is concerned, counsel informed that all who provided bank accounts have been transferred the money. Needless to say, money can only be transferred if bank account details are provided.

Solatium is liable to be continued in flats not habitable ...
Order: which is the crux of the issue.

For the allotted flats numbering 1069 in 40 towers, it would be appropriate to have an inspection carried out with photographs.

#SupremeCourt #khorihaon
Bench asks for suggestions for who can inspect.

Adv: Perhaps mr Gaurav Agarwal and some civil engineer.

SC: He already has a lot on his plate. Why trouble him? Can have an architect and a structural engineer of the govt. How much time will it require?

#SupremeCourt
Order: Expenses for inspection will be borne by the Corporation, which will carry out the task within 3 weeks of receipt of our order. The report be submitted within 4 weeks. Representatives of both sides can be present. Allotment letters not yet collected must be collected.
SC: Can the flats be transferred or sold?

Counsel: No.

Sanjay Parikh: The 10,000 Rs to be given at time of registration may be deducted from the solatium.
Order: hold on public notice on cancellation till next hearing. List after 8 weeks, report to be submitted after 6 weeks
Justice Kaul: I have my own doubts about what has been done.

#SupremeCourt #Khorigaon
Adv Sanjay Upadhyay for intervenors from Old Khori Gaon: We were not on forest land, never a party to the discussions. We were told by the corporation that we will not be touched.

SC: we cannot hear you now for the first time.

Upadhyay: For 70 yrs, we were...

#SupremeCourt
Upadhyay: not touched.

Justice Oka: Mr Upadhyay, there was a direction issued that everyone has to be evicted.

Upadhyay: Fact of matter is, PLPA has to act prospectively not retrospectively. Not allowed to produce our records.

#SupremeCourt #khorigaon
Upadhyay: Demolished before hearing.

Order: Dismissed with liberty to approach appropriate fora.

#SupremeCourt #khorigaon
SC: Please give the names for inspection by tomorrow.

#SupremeCourt

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Oct 13
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#SupremeCourt
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#SupremeCourt
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