FARIDABAD FOREST LAND SLUMS TO BE VACATED, RULES SC
The Supreme Court on Monday ordered the eviction of thousands of people living in slums encroaching on forest land in Haryana’s Faridabad district, ruling that there cannot be any compromise when it comes to forest encroachment.
The top court gave six weeks to the Municipal Corporation of Faridabad to complete the demolition drive. The dwellers of Khori Gaon in Faridabad had approached the Supreme Court for protection after the municipal corporation began to demolish their houses in April this year. The bench of justices AM Khanwilkar and Dinesh Maheshwari termed them “land grabbers” and refused to come to their aid.
The Supreme Court on Monday ordered the eviction of thousands of people living in slums encroaching on forest land in Haryana’s Faridabad district, ruling that there cannot be any compromise or concession when it comes to forest encroachment.
The top court gave six weeks to the Municipal Corporation of Faridabad to complete the demolition and directed the secretary of the forests department of the Haryana government to file a compliance affidavit before the next hearing on July 27.
The municipal body previously complained of stone pelting by occupants during a demolition drive in April this year. The bench on Monday directed police protection to corporation officials visiting the site. The superintendent of police, Faridabad district, was held to be personally responsible for ensuring adequate logistical support for the civic body.
The bench of justices AM Khanwilkar and Dinesh Maheshwari held, “We expect that the corporation will take all essential measures to remove encroachments on the subject forest land without any exception, not later than six weeks from today and submit a compliance report in that behalf, under the signature of the chief executive officer of the corporation.”
The dwellers of Khori Gaon in Faridabad had approached the Supreme Court for protection after the Municipal Corporation of Faridabad began to demolish their houses in April this year. After nearly 300 houses were demolished, the occupants of the remaining 10,000 houses approached the top court seeking rehabilitation.
The bench of Justices AM Khanwilkar and Dinesh Maheshwari termed them “land grabbers” and refused to come to their aid. The top court had on February 19, 2020 and on April 5, 2021 directed the occupants to be cleared from forest land. On Monday, the bench reiterated saying: “We make it clear that the corporation shall proceed in the matter as observed in our orders dated February 19, 2020 and April 5, 2021.”
Since past directions of the court were not complied with, the bench observed: “It seems like the corporation does not intend to evict (the occupants).” The corporation was represented by senior advocate Arun Bhardwaj who said that Corporation officials required adequate protection as past experience showed how occupants had pelted stones at them.
The bench asked the State in general and the local police in particular to provide all necessary and adequate logistical support to enable the corporation to evict the encroachers, including by forcible eviction.
The bench observed: “We want a certificate from the authorities that the forest land is completely cleared of encroachment. This being the forest land there can be no concession or compromise. Either you (petitioners) vacate on your own or we will ask the municipal corporation to forcefully evict you.”
The court demanded an undertaking from the petitioners to vacate the land.
Senior advocate Colin Gonsalves, who represented the slum dwellers, argued that during a pandemic it would be difficult for such a large number of people to find alternate accommodation. He requested the court to first consider their claim for rehabilitation under the Haryana Shehri Vikas Pradhikaran Rehabilitation Policy as Right to Housing is a fundamental right under Article 21 of Constitution. This scheme requires an inhabitant to be in occupation of government or government agency land as on April 1, 2003. Most of the petitioners have been living on the land in question since 2010.
Gonsalves requested the Court to consider tweaking the rehabilitation policy in order to accommodate the petitioners. The petition, filed through advocate Satya Mitra, said: “They (petitioners) have been residing on government land since 1980. Most of them, however, are unable to show any proofs of existence since then. Many of the residents today have proof of existence since 2010 onwards, when they were given ration cards and election cards and other forms of identity.”
The bench said that once the certificates (of compliance) are submitted in six weeks, the court will consider passing further directions including due verification of certificates by an independent agency.