March 28, 2023

Supreme Court mentioned that the encroached Aravali land have to be cleared as it’s forest land.

New Delhi:

“We want 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 courtroom termed as “misconceived” the grievance of the petitioners, who have been looking for keep on demolition of the constructions, that they aren’t allowed to provide paperwork in assist of their eligibility relating to rehabilitation beneath the present 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 A M 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 high courtroom famous that grievance of the petitioners that they aren’t 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 have been obliged to provide paperwork earlier than the company in assist of their declare relating to rehabilitation beneath the present 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 courtroom, whereas listening to a separate plea on the difficulty 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 cannot take refuge of rule of law” and discuss of “fairness”.

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 courtroom mentioned because the bigger difficulty associated to the matter is pending in separate petition, this plea can 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 don’t give us numbers. It makes no difference. We want our forest land to be cleared,” the bench mentioned, including, “We have given enough time. The notification was issued but you continued there at your own risk”.

“This is forest land. This is not ordinary land,” the bench noticed.

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

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

“You have to evict them in accordance with law. You have to give benefit of scheme (of rehabilitation) to those who are eligible,” the bench informed the counsel showing for the municipal company.

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 people and their situation. They are migrant labourers. There are children,” Bhat mentioned and in addition referred to the COVID-19 pandemic state of affairs.

“That is for the state to do. We are only concerned with vacation of forest area. We have given enough time earlier,” the bench noticed.

When Bhat referred to world pointers for non-eviction throughout pandemic, the bench mentioned, “We are not concerned with global guidelines. This issue is going on for long.”

At the fag finish 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 have to do. We don’t want to say on this. We want our order to be complied with,” the bench mentioned.

The high courtroom 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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