SC Refuses To Halt Demolition Of Settlements In Faridabad Khori Gaon

About the Petition

• The instant plea challenged the Haryana Shehri Vikas Pradhikaran Rehabilitation Policy to the extent that it limited the cut-off for rehabilitation to 2003 and sought a stay on the demolition of 10,000 houses at Khori Gaon, Faridabad.
• The Petition urged the Supreme Court to ex debito Justitia consider that the inhabitants of Khori Gaon should not be evicted till the threat of the pandemic continues, as per the guidelines issued by WHO.
• The Petition sought directions to the State of Haryana and the Municipal Council of Faridabad to gather all the necessary information from the people who are in occupation at Khori Gaon to facilitate their right to resettlement and rehabilitation before the eviction.
• It also sought directions to the State and Municipal Council to place the policy or legal framework concerning the resettlement and rehabilitation in consonance with Article 21 and law prevailing in other states before the Supreme Court.
• The petition also urged the Court to direct the respondents to provide temporary shelter to the evicted residents of Khori Gaon.
• It highlighted that Right to housing has been recognized by the Supreme Court as a part and parcel of fundamental rights. The Petitioners also highlighted that the slum dwellers are entitled to rehabilitation as recognized by the State of Haryana via Haryana Shehri Vikas Pradhikaran Rehabilitation Policy, 2010.
• The Counsel appearing for Petitioners, Aparna Bhat submitted that the issue of eligibility had not been taken up by the State and demolitions were taking place. She submitted that people dwelling on the land had nowhere to go and were migrant labourers and children.

Court’s Observation

• On hearing the submissions made by Advocate Bhat, the Court held that the Court was concerned solely with the forest land and the issue of rehabilitation had to be dealt with by the State.
• The Court held that the petitioner had enough time to vacate the forest land after February 2020 and that the Petitioners were obligated to produce the documents for the rehabilitation scheme which they failed to do. The Court remarked that if the Petitioners had produced the documents, rehabilitation would have been done by now.
• The Court further noted that the Petitioners could submit the documents for rehabilitation before the corporation.

Court’s Directions

• On 7th June, the Bench of Hon’ble Justices A. M. Khanwilkar and Dinesh Maheshwari, while hearing the plea filed by the families living in Khori Gaon, had directed the removal of all encroachments on forest land at Khori Gaon in Faridabad within 6 weeks on the grounds that no compromise can be made with forest lands.
• During the hearing yesterday, the Supreme Court refused to grant a stay on the demolition of settlements at Khori Gaon in Faridabad.
• The Court made it clear that the MCF will proceed as stated in February 2020 order and the demolition will take place as per the process of law. The Court also directed the State to give necessary logistical support to help the corporation to evict the residents and clear the encroachments.
• The Hon’ble Apex Court further directed the DCP of Faridabad to provide police protection to the corporation officers.
• The Court made it clear that if it is not truthfully portrayed that the forest land has been cleared, there will be contempt action.
• The matter has been listed for 27th July.

What do you think of this matter?