Supreme Court gives Green signal for demolition of unauthorised constructions at Aravali forest area

The Supreme Court today refused to stay the demolition of  10000 residential constructions that had come up at Lakkarpur-Khori village in Aravali forest area. 

Bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari while observing that the plea which sought for directing the authorities to follow rehabilitation procedure before conducting any demolition drive observed that court’s indulgence was not required in the prayers sought by similarly placed persons. 

The court also said that the petitioner’s argument that they didn't submit the documents was misplaced as the parties had the opportunity to place the same before the corporation as per the notification issued by the corporation in 2020.

Directions have also been issued to 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 petitioner's submission that they don't have title since the houses are placed on forest land does not work in their favour. The demolition should be taken by due process & in accordance with law including rehabilitation of the petitioners.”, the Court also said.

Advocate Aparna Bhatt arguing for the petitioners submitted that her prayers were two fold; firstly related to rehabilitation of the petitioners and secondly related to a temporary shelter given to the evicted slum dwellers in view of the ongoing CoVID 19 pandemic and the lockdown imposed by the Haryana Government to contain the spread of the disease.

“Before the demolition, they can do this exercise & not afterwards. The documents that they're asking from us are only the title. Your lordship may give us that liberty.”, Advocate Bhatt further added.

However the top court replied, “You didn't come to us with that grievance that time. You were happy. Whatever exercise they are doing, let them do.”

The Court on June 7, 2021 in a plea filed by 10,000 families living at a slum colony in Khori Gaon basti, Faridabad, Haryana who have been residing on government land since 1980 challenging the Haryana Shahari Vikas Pradhikaran Rehabilitation Policy to the extent that it limits the cut off for rehabilitation to 2003 had observed that the petitioners were bound by the judgement of the High Court of Punjab and Haryana at Chandigarh and subsequent orders passed by the Court in another plea titled as Municipal Corporation Faridabad Vs. Khori Gaon Residents Welfare Association (Regd.) Thr Its President and directed the Municipal Corporation to ensure the eviction order of it within 6 weeks. 

The court had also directed the Municipal Corporation Faridabad to follow the directions issued by the Court vide orders dated February 19, 2020 and April 5, 2021. Directions were also given to the Superintendent of Police to be personally responsible for providing logistical support to the corporation for clearing all the encroachments and ensuring safety of the officers who would be at the site of encroachment and had also asked the Chief Secretary of the State to submit a compliance report within 6 weeks. 

The Court thereafter while directing to hear the present plea with the main matter titled as Municipal Corporation Faridabad Vs. Khori Gaon Residents Welfare Association (Regd.) Thr Its President in which the bench of Justice Dinesh Maheshwari and Justice AM Khanwilkar 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 has adjourned the matter for July 27, 2021.