[Faridabad Khori Gaon demolition] Evict occupants on forest land, clear encroachments within six weeks: Supreme Court says "no compromise"

The Supreme Court today directed the Municipal Corporation of Faridabad to use " police force, if needed " to remove all jhuggis and encroachments on Khori Gaon forest land within six weeks (Sarina Sarkar v. State of Haryana & Ors).

. The vacation bench of Justices AM Khanwilkar and Dinesh Maheshwari passed an order to this effect while hearing a plea filed on behalf of residents of Khori Gaon Basti in Faridabad, Haryana seeking an immediate stay on the proposed demolition of about 10,000 houses in the area.

. Noting that the petitioners were bound by directions of the apex court and the Punjab & Haryana High Court, the Bench ordered,

"Therefore, we reiterate our directions given to State and corporation and expect that the corporation will remove all encroachments on forest land not later than 6 weeks and report compliance under the signature of Chief Secretary and Secretary of Haryana Forest Department."

. The Municipal Corporation of Faridabad has been directed to proceed as per the Court's February 2020 order. The State government is required to give necessary logistical support to enable the Corporation to evict the occupants on forest land and clear encroachments.

. The petition filed through Advocate Satya Mitra alleges that the Municipal Corporation of Faridabad was carrying out unlawful demolition of about 1,700 slums at Khori Gaon, "without following the procedure in accordance with law and so violating their right to housing".

. The writ petition challenged the Haryana Shehri Vikas Pradhikaran Rehabilitation Policy to the extent that it limits the cut off for rehabilitation to 2003.

. The top court today made it clear that if petitioners resist the eviction drive, then it would dismiss the petition.

. When Senior Advocate Colin Gonsalves requested that the evicted dwellers be rehabilitated, the Supreme Court remarked:

" Who is asking this? Land grabbers? When you come to court you become honest and law abiding. On site you don't do anything lawful. Vacate the premise on your own so that corporation does not have to spend on evicting you, if you want your petition to be considered, be a law-abiding citizen. You cannot have them pressurize you to leave and then ask for accommodation."

. The Court was urged to determine if the present cut-off date of 2003 is not obsolete and arbitrary since it goes back 18 years, during which time thousands of jhuggi dwellers would have settled in the area.

. It was submitted that these dwellers have been residing on government land since 1980 but " are unable to show any proofs of existence since then; since they were not given ration cards or identity cards so that their names could figure on the voters’ list" .

"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 plea stated.

. It is stated that the demolition drive began from April 2, 2021, and about 300 jhuggis have been demolished till now.

. "Since this is forest land petitioners do not claim any title over the land. They only seek rehabilitation. Right to Housing is implemented in various states by various policies of the Central and State governments," reads the plea.

. The petitioners had earlier approached the Punjab & Haryana High Court in 2010 after some of the jhuggis were demolished. However, by a 2016 order, the plea was disposed of with a direction to the State of Haryana to consider the claims of the petitioners in accordance with the terms of the HUDA policy.

. " It must be kept in mind that the majority of the residents of Khori Gaon colony are employed in the unorganised sector, did not receive formal education, and thus lack the awareness and resources required to maintain proper documentation, especially dating back prior to 2004. For example, out of about 10,000 families from Khori Gaon informal settlement, less than 1000 families would qualify for rehabilitation under the said Policy, and the residents would be rendered homeless if the Municipal Corporation undertakes the demolition/eviction drive which it has been threatening repeatedly ," the plea stated.

[Faridabad Khori Gaon demolition] Evict occupants on forest land, clear encroachments within six weeks: Supreme Court says "no compromise"

Debayan Roy

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