Khori Gaon Evictions : Can Aadhaar Card Be Used To Seek Rehabilitation? Supreme Court Asks Faridabad Corporation

The Supreme Court on Monday asked the Municipal Corporation of Faridabad to consider whether Aadhar card could be included in the eligibility criteria for identification of persons eligible to apply for rehabilitation in relation to the demolition of 10,000 houses that have been planned by the Municipal Corporation of Faridabad at Khori Gaon in Faridabad, Haryana.A Bench comprising Justice AM Khanwilkar and Justice Dinesh Maheshwari was hearing a batch of pleas filed challenging the rehabilitation policy including the eligibility criteria framed by the Municipal Corporation of Faridabad with respect to the demolitions.The Bench recorded "These petitions have been listed to consider the challenge to eligibility criteria specified in rehabilitation policy of the scheme. In the context of issues raised by Mr Sanjay Parikh and suggestions made in course of hearing, Mr Arun Bhardwaj(Addl Advocate General of Haryana) seeks more time to take instructions and revert back. He submits if possible corporation will file appropriate affidavit disclosing reasons if suggestions regarding inclusion of further documents to establish the eligibility and entitlement of applicant is not acceptable to the corporation. That issue will be considered on 4th October."Other than Aadhaar card, the Bench has asked the Corporation to also respond to inclusion of other documents including Passport, bank statement, post office account, driving license, etc and if they can be taken into account to establish the fact that the applicant was occupying some premises in that area.The Bench suggested the Corporation to consider and tell the Court what can be added to the eligibility criteria.The observation has been made by the Court after considering the suggestions made by the petitioners regarding inclusion of various documents including Aadhar card etc for determining eligibility of those who can apply for these accommodations, and the Corporation's response to the same. After the Bench was informed by the Commissioner that before demolition, the structures in the area were numbered, the Bench observed that if Aadhar cards are allowed to be submitted for identification since the Aadhar card will reflect those structures.The Bench has asked the Corporation to examine the aspect of technical glitches on its e portal and take appropriate steps. The direction was given considering the submissions made by Advocate Srishti Agnihotri who pointed out that e-portal is available only in English version as of now.The Bench has also asked Corporation to comply with its previous direction of submitting a chart disclosing the unauthorised structures standing on Khori Gaon forest land which have not been demolished by next date of hearing on October 4th. On last occasion, the Court had directed the Commissioner to submit an area wise chart with justification of non-demolition of such unauthorised structure.During the hearing today, Senior Advocate Arun Bhardwaj appearing for Municipal Corporation of Faridabad addressed the query raised by the Bench on last occasion, as to whether the applicants will be permitted to establish their identities as residents of the demolished premises according to the eligibility criteria in the Pradhan Mantri Awas Yojana and not keep the eligibility criteria limited to one under the rehabilitation scheme.Regarding inclusion of various documents including Aadhar card etc for determining eligibility of those who can apply for these accommodation, Mr Bhardwaj submitted that 3 documents have been added to the criteria including the voters list, electricity connection and parivar pehchan patra.The Bench added that the Aadhar card may not be a conclusive proof, and like other documents will be subject to further verification. Also, if Aadhar card is used to establish a person was resident of that area, there should be further material to establish that he was occupying a structure which was demolished.With regards the Pradhan Mantri Awas Yojana and the current rehabilitation scheme, Mr.Bhardwaj submitted that both schemes are different in their context.The Bench however stated that so far as the eligibility is concerned the schemes will be different obviously but for identification purpose, documents can be used to determine if they were occupy that premises or not, as that is a matter of eligibility.Mr Bhardwaj responded saying that even in the Pradhan Mantri Awas Yojana , Aadhaar doesn't determine eligibility and is only one of the documents that they require to mention in their application forms, the only eligibility is that the person should not have any other plot anywhere in india and the income should be a certain amount. Senior Advocate Sanjay Parikh appearing for the petitioner submitted that according to the scheme's eligibility criteria, merely residing there is not enough and the applicant should have the documents mentioned, therefore this is for purpose of identifying if the man was actually living there.He submitted ...

Khori Gaon Evictions : Can Aadhaar Card Be Used To Seek Rehabilitation? Supreme Court Asks Faridabad Corporation

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