Khori Gaon Demolitions: Consider Giving Provisional Accommodation To Those Displaced, Supreme Court Tells Faridabad Corporation

A Division Bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari made the suggestion with regard to those residents who have been evicted due to demolition of unauthorised structures that have been planned by the Municipal Corporation of Faridabad at Khori Gaon in Faridabad and are eligible for rehabilitation.

The Municipal Corporation is yet to finalise its scheme for rehabilitation.

To reduce the timeline of the rehabilitation, the Bench suggested that preliminary scrutiny of receipt of applications can be done by the Corporation in a week and provisional allotment can be made subject to verification of documents. Later, if on verification it is found that any document has been forged or manipulated the person will have to vacate the accommodation.

The Bench has asked Additional Advocate General Arun Bhardwaj appearing for the Municipal Corporation to examine this aspect and respond to the Court's suggestion till the next date of hearing on 13th September.

The Bench further explained that "What we mean is, If an application is received today with minimum requirements which are good enough to process files, move forward and provisional allotment may be made to that person, so you don't have to wait for weeks till you take a final decision, with an undertaking that if the genuineness of documents isn't established the person will vacate."

The Bench stated that by following this process, the timeline to rehabilitate people can be reduced and then the entire process can be completed in a separate timeline after the provisional allocations are made.

However, the Court clarified that if after making provisional allotment and during verification of documents is it found that the documents are not genuine, besides initiating criminal action, the person can be thrown out of the accommodation.

In the first week of August, the Apex Court had asked the State of Haryana to expedite the consideration of the draft policy of rehabilitation submitted by the Municipal Corporation of Faridabad with respect to the demolitions carried out in the Khori Gaon forest land, and take a final decision preferably before August 25th.

Supreme Court had also asked the Commissioner of the Municipal Corporation to consider setting up of an extended office at Radha Saomi complex where the locals have been provided temporary food, shelter and accommodation, to assuage the grievance of the locals and enable them to avail facilities made available in terms of the Court's order.

Supreme Court had on July 23rd granted four more weeks to the Municipal Corporation of Faridabad to complete the removal of unauthorised constructions on forest land in Khori Gaon in Faridabad, Haryana.

The directions were filed in the plea filed by 10,000 families living in the Khori Gaon who had challenged the Haryana Shehri Vikas Pradhikaran Rehabilitation Policy to the extent that it limited the cut-off for rehabilitation to 2003, and directed for a report of compliance under the signature of the Chief Secretary and Secretary of Haryana Forest Department to be provided.

"After the certificates are provided, we will determine our own factual position. We make it clear that MCF will proceed as stated in February 2020 order and State will give necessary logistical support to enable corporation to fully evict the occupants on forest land and clear the encroachments", directed the Court.

The Supreme Court had further directed the DCP of Faridabad to provide police protection to the corporation officials. 

Case Title: Municipal Corporation Faridabad v. Khori Gaon Residents Welfare Association (Regd.) Through Its President & Ors.

Also Read: Will Verify If Khori Gaon Demolitions Were Carried Out As Per Directions : Supreme Court

Khori Gaon Demolitions: Supreme Court Asks Haryana Govt To Finalize Rehabilitation Policy For Evicted Families By August 25

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