[Khori Goan Demolition] Supreme Court Grants Municipal Corporation Faridabad 4 Weeks Further Time To Demolish Illegal Constructions

The Supreme Court on Friday granted the Municipal Corporation Faridabad four weeks further time to demolish the illegal residential constructions that had come up in Lakkarpur Khori village in Aravali forest area. 

Bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari in their order said, 

“In view of the humongous task involved and the fact that the Corporation has moved into action in right earnest after the peremptory order dated 07.06.2021, we accede to that request and grant four weeks further time from today for taking necessary action in terms of the earlier orders.”

Senior Advocate Arun Bhardwaj, Additional Advocate General (Haryana) appearing for the Corporation informed the Court that out of 150 acres of forest land, demolition work in respect of unauthorised structures was completed to the extent of 74 acres and further requested for more time to take action in respect of remaining unauthorized structures standing on the forest land.

Senior Advocate Colin Gonsalves who appeared on behalf of a petitioner (Sarina Sarkar) in a plea that challenged the Haryana Shahari Vikas Pradhikaran Rehabilitation Policy to the extent that it limits the cut off for rehabilitation to 2003 drew Court’s attention to the draft policy framed by the Municipal Corporation of Faridabad and wished to make suggestions for improving upon the terms and conditions of the stated policy terms and conditions.

With regards to the suggestions, the Court directed while granting liberty to the Counsel to give suggestions to the Commissioner of Municipal Corporation of Faridabad by July 24, 2021 directed the competent authority/ corporation to consider the same to the extent permissible and feasible for modulating the draft policy and thereafter issue a formal policy document by July 31, 2021.

“If the policy as formulated is not acceptable to the petitioners, it will be open to challenge the same on grounds as may be permissible in law by taking out a formal application in that regard,” Court said.

Senior Advocate Gonsalves in another application also drew Court’s attention to several structures standing on the forest land, already identified by Mr. Kanwar Pal, Forest Minister, Haryana, as unauthorized structures which cannot be regularised.

The Court in this regard in its order said, “Direction to remove all unauthorized structures standing on the forest land applies to “all” unauthorized structures without any exception, including the structures referred to in paragraph 10 of the application after due verification of the fact whether it is unauthorized and is constructed on the forest land as such.”

Senior Advocate Meenakshi Arora who appeared on behalf of the petitioner (Priwasee Sangthan Welfare Society) in a plea filed through Advocate on Record Mohit Paul that challenged the Haryana Shahari Vikas Pradhikaran Rehabilitation Policy to the extent that it limits the cut off for rehabilitation to 2003 requested for directing the authorities to give sufficient notice to the concerned occupants before initiating demolition action, so that the occupants could make their alternative arrangements in advance; and those who were not in a position to arrange alternative accommodation can approach the Commissioner of the Municipal Corporation for such facility.

Responding to Senior Advocate Arora’s submissions, senior counsel for the Corporation submitted that it was not possible to give specific date and time of demolition in advance to the occupants as the demolition activity was proceeding in a phased manner as per the logistical arrangements in place.

The Court in this regards took note of the affidavit filed by the Corporation which stated that the concerned occupants were free to make representation to the Commissioner of the Municipal Corporation for providing such alternative accommodation/temporary shelter before beginning of the demolition to enable the Commissioner to issue suitable directions said that, 

“The fact that the alternative accommodation/temporary shelter offered to the concerned occupant is not to his/her liking or suitable can be no reason to delay the demolition of the structure.”

Bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari stayed the operation of the judgement passed by the High Court of Punjab and Haryana to enable the Corporation to take steps against all the unauthorized structure(s) on the forest land as noted in the order dated 19.02.2020, in accordance with law and the extant applicable rehabilitation policy of the State Government. 

The Court on February 19, 2020 had also directed the Corporation to take appropriate action in the first place to stop encroachment and if encroached, to remove such encroachment by following due process of law.

“The Corporation is free to proceed against the concerned unauthorized structure(s)/occupant(s) in accordance with law irrespective of pendency of proceeding before this Court.In the event, the Corporation initiates such action, we have no manner of doubt that all the State authorities will make a coordinated effort including by providing necessary/adequate security to ensure that the encroachments and unauthorized structure(s)/occupant(s) on the forest land are removed.”, the Court had observed.

On June 7, 2021 the Court had directed the corporation to remove all encroachments on the Forest Land within 6 weeks.

Case Title: Municipal Corporation Faridabad V. Khori Gaon Residents Welfare Association (Regd.) Thr Its President & Ors.