[Khori Goan Demolition] Supreme Court directs Municipal Corporation Faridabad to consider setting up extended Commissioner’s office in temporary accommodation

To assuage the grievance of the locals and to enable them to avail the option of raising their concerns before the Commissioner, Faridabad Municipal Corporation post demolition of their illegal houses in the Lakkarpur Khori village in Aravali forest area, the Supreme Court today asked the Commissioner of the Corporation to consider setting up a back-up office in the Radha Soami complex where the concerned persons have been provided temporary food, shelter, and accommodation.

A division bench comprising Justice AM Khanwilkar and Justice Dinesh Maheshwari has also directed the State of Haryana to expedite the process of finalizing the Draft Policy and apprise the Court about the same on the next date of hearing.

Further, the Court has also directed the Commissioner to submit a further status report including the issues raised with regards to the draft policy by Senior Advocate Colin Gonsalves appearing 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 and the outcome of the representations to be made to the Commissioner.

Upon Advocate on Record Mohit Paul’s request to assign a dedicated eMail ID for the people to raise their grievances, the Court directed the AAG to assign a dedicated email ID for online correspondance.

Appearing for the Faridabad Municipal Corporation, the Additional Advocate General for the State of Haryana Arun Bhardwaj submitted that the draft policy was finalized and the same had been handed over to the State for its consent.

Senior Advocate Sanjay Parikh drew the Court's attention to the condition in which the displaced people were living in the temporary accommodation as provided by the Corporation.

“Virtually the entire structure has been diminished. The state is completely washing its hands. At present, the people are facing difficulties with the temporary shelter. There is no sign of the Red Cross,” submitted Senior Advocate Sanjay Parikh.

Senior Advocate Colin Gonsalves submitted that the other structures which were situated in the forest land should be demolished too.

“There are a large number of farmhouses. The process to remove them must also start,” submitted Senior Counsel.

“Yes yes, all those should also go. Our orders are very clear. All unauthorized illegal structures will have to go,” Court said.

Earlier, the Top Court had granted the Municipal Corporation Faridabad four weeks further time to demolish the illegal residential constructions that had come up in Lakkarpur Khori village in the Aravali forest area.

During the course of the hearing Senior Advocate Mukul Rohatgi appearing for an applicant in an Intervention Application submitted that despite the Top Court’s protection granted to the applicant, the authorities had issued a notice to the applicant for demolishing their structures of land which did not form a part of the forest land.

The Court while granting time to the Senior Counsel to make representation before the appropriate authority thereafter directed AAG to not take any action against the applicant till Friday in case the said land did not form a part of the forest land.

“If the competent authority is of the opinion that it is within the forest land then it can be demolished. However in case, it is not a forest land, then the authority must abide by the protection granted by the Top Court till Friday,” Court said.

A bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari and Justice AM Khanwilkar stayed the operation of the judgment 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 is 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.