Supreme Court directs Haryana Govt. to remove unauthorised structures from Aravali Forest area
The Supreme Court today has directed the State of Haryana to remove 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 petitioners are 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 has directed to ensure the eviction order of it within 6 weeks.
“We reiterate the directions given to the state & the corporations. We expect that the corporation will remove all encroachments on the Forest Land within 6 weeks.”, the Court observed.
The court has 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 have also been 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. The Chief Secretary of the State has also been asked to submit a compliance report within 6 weeks.
The directions have been passed against the backdrop of the 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. The plea has challenged the Haryana Shahari Vikas Pradhikaran Rehabilitation Policy to the extent that it limits the cut off for rehabilitation to 2003.
It is pertinent to mention that in another plea with the similar subject matter that is pending in Court, 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.
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.
The Supreme Court while therefore giving 6 weeks to the Chief Secretary to submit the Compliance Report has adjourned the matter for July 27, 2021.
Case Title: Sarina Sarkar v. State of Haryana