Illegal structure on half of 150 acre in Aravali removed, civic body tell SC; gets 4 more weeks

The Supreme Court Friday granted four more weeks to the Faridabad municipal corporation to remove encroachments on Aravali forest land near Khori village, after the civic body said that unauthorised structures on nearly half of the total 150 acre area has already been cleared.

The apex court, which reiterated that all unauthorised structures standing on forest land in the area be removed without any exception, granted time to the civic body noting the “humongous task” involved and also that the corporation has moved into action in right earnest after the court’s June 7 order.

A bench of Justices A M Khanwilkar and Dinesh Maheshwari was informed by the counsel appearing for the municipal corporation that they have undertaken a planned drive to remove unauthorised constructions and so far, 74 acres out of 150 acres have been cleared and is back in the possession of the civic body.

The counsel informed the bench that three more weeks are required to comply with the top court’s order to clear all the unauthorised constructions on forest land.

“In view of the humongous task involved and the fact that corporation has moved into action in right earnest after the June 7, 2021 order, we accede to the request and grant four weeks further time from today for taking necessary steps in terms of the earlier order,” the bench said.

On June 7, the top court had directed state of Haryana and Faridabad municipal corporation to remove “all encroachments”, consisting around 10,000 residential constructions, in Aravali forest area near the village, saying “land grabbers cannot take refuge of rule of law” and talk of “fairness”.

It had sought compliance report from state government officials after removing all encroachments from forest land near Khori village in Faridabad district within six weeks.

During the hearing conducted through video-conferencing on Friday, senior advocate Colin Gonsalves, appearing for some petitioners, raised the issue of rehabilitation and referred to a draft policy of the municipal corporation.

The bench said they can give their suggestions on the issue to the Commissioner of municipal corporation by tomorrow.

The apex court said that suggestions given be considered by the corporation to the extent permissible and feasible.

It said the policy be notified by the authority by July 31 and if it is not acceptable to the petitioners, it will be open for them to challenge the same on grounds as permissible under the law.

Gonsalves also referred to an RTI application by an IAS officer and said a detailed list of structures, including farm houses and hotels, on forest land was given in response.

“You can be rest assured that on forest land, no unauthorised constructions will be allowed to remain, be it farm houses or others,” the bench said, adding there cannot be any presumption that corporation will not remove such illegal structures.

The apex court observed that it had said earlier, and would reiterate that all unauthorised structures standing on forest land have to be removed.

The bench noted in its order that direction to remove unauthorised constructions from forest land applies to all such structures without any exception and it can be done by the authority within the extended time frame.

The issues relating to rehabilitation and providing temporary shelters, food and other basic things to the persons, whose structures have been demolished there, were also raised in the court.

The counsel appearing for the state said that all necessary things are being provided by the authorities.

One of the advocates appearing for the petitioners said that no shelter has been provided to those who have been removed and in the difficult times of Covid-19 and monsoon, the authorities should give prior notice before initiating the action.

The bench observed that these issues can be brought to the notice of the commissioner of municipal corporation who would look into it and consider the grievances.

The counsel appearing for the corporation said that demolition of unauthorised constructions is a sensitive issue and some people have vacated, some have not while some of them are protesting also.

He said people residing there were aware that they would be removed and it would be difficult to give specific time and date of demolition.

The apex court, which posted the matter for further hearing on August 3, was informed by the corporation that notices and announcements were repeatedly being made in the area informing the occupants regarding the action to be undertaken in pursuance of the court’s direction.

The top court had passed the June 7 order after hearing a separate plea filed by five alleged encroachers against the demolition drive of civic body.