February 7, 2023

Supreme Court was listening to a case of unauthorised residential constructions in Aravali forest space

New Delhi:

We need our forest land to be cleared, the Supreme Court mentioned on Thursday whereas refusing to remain its route asking Haryana and the Faridabad municipal company to take away encroachments, consisting round 10,000 residential constructions, in Aravali forest space close to Khori village.

The prime court docket termed as “misconceived” the grievance of the petitioners, who had been searching for keep on demolition of the constructions there, that they don’t seem to be allowed to provide paperwork in help of their eligibility relating to rehabilitation beneath the prevailing scheme.

“The concerned occupants of the unauthorized structures standing on the forest land were given sufficient opportunity to do so after notification was issued by the corporation in 2020, after the order dated February 19, 2020 was passed by this court,” a bench of Justices AM Khanwilkar and Dinesh Maheshwari mentioned in its order.

“Needless to observe, this court had already recorded the assurance given by the corporation that action against unauthorized structures standing on the forest land will be taken by following due process and in accordance with law, including to examine the claim of the occupants for rehabilitation as per the existing rehabilitation scheme,” it mentioned. “That assurance has been reiterated and is so recorded in this order as well”.

The prime court docket famous that grievance of the petitioners that they don’t seem to be ready to provide title paperwork as these constructions are erected on forest land belonging to the state, “does not take the matter further”.

It mentioned that petitioners and equally positioned individuals are and had been obliged to provide paperwork earlier than the company in help of their declare relating to rehabilitation beneath the prevailing scheme however they failed to take action.

“The corporation and state authorities may proceed on the basis of the commitment given to the court on the earlier occasion to comply with the directions given in order dated June 7, 2021. Nothing more is required to be said in this petition,” the bench mentioned.

“In our opinion, no indulgence can be shown to the petitioners and similarly placed persons who are bound by the earlier order dated June 7, 2021 passed by this court,” it mentioned.

The Supreme Court, whereas listening to a separate plea on the problem on June 7, had directed the state and the Faridabad municipal company to take away all encroachments within the Aravali forest space, saying land grabbers can not take refuge of rule of regulation and speak of equity .

It had additionally sought compliance report from the state authorities officers after eradicating all encroachments from forest land close to Khori village in Faridabad district inside six weeks.

In its order handed on Thursday, the Supreme Court mentioned because the bigger difficulty associated to the matter is pending in separate petition, this plea could be heard together with that on July 27.

“We make it clear that the pendency of this matter will not come in the way of the authorities to proceed against the unauthorized structures standing on the forest land in conformity with the statement recorded hitherto,” the bench mentioned.

During the listening to performed by means of video-conferencing, advocate Aparna Bhat, showing for the petitioners mentioned there are round 10,000 households within the village.

Please do not give us numbers. It makes no distinction. We need out forest land to be cleared, the bench mentioned, including, We have given sufficient time. The notification was issued however you continued there at your individual threat .

This is forest land. This shouldn’t be strange land, the bench noticed.

Ms Bhat argued about rehabilitation and mentioned that state authority has not taken up the problem of eligibility and identification course of has not been performed.

The bench referred to its April 5 order, handed in a matter associated to the problem, and mentioned the civic physique will take steps in accordance with regulation.

You need to evict them in accordance with regulation. You have to offer advantage of scheme (of rehabilitation) to those that are eligible, the bench informed the counsel showing for the municipal company.

Ms Bhat argued that authority has come there to forcibly evict those that reside there and earlier than the demolition, they need to do the train of verification.

Look at these folks and their state of affairs. They are migrant labourers. There are kids, Bhat mentioned and likewise referred to the COVID-19 pandemic state of affairs.

That is for the state to do. We are solely involved with trip of forest space. We have given sufficient time earlier, the bench noticed.

When Ms Bhat referred to international pointers for non-eviction throughout pandemic, the bench mentioned, We will not be involved with international pointers. This difficulty is occurring for lengthy.”

At the top of listening to, the counsel showing for Haryana, mentioned there are incidents of stone pelting when demolition work is carried out and a few instructions be given in order that the method is peaceable.

You know what you must do. We do not need to say on this. We need our order to be complied with, the bench mentioned.

The prime court docket had handed the June 7 order after listening to a separate plea filed by 5 alleged encroachers towards the demolition drive of civic physique.

(Except for the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)

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