Khori Gaon Evictions : Petitioners Raise Objections To Rehabilitation Policy; Supreme Court To Pass Orders On Nov 15

The Supreme Court has decided to issue on Monday (15th November) its orders on challenge to rehabilitation policy including the eligibility criteria framed by the Municipal Corporation of Faridabad with respect to the demolitions at Khori Gaon.A Bench comprising Justice AM Khanwilkar and Justice Dinesh Maheshwari on Friday heard detailed arguments on behalf of the petitioners challenging the policy and the Municipal Corporation of Faridabad.The petitioners were represented through Senior Advance Sanjay Parikh and Advocate Srishti Agnihotri and the Corporation represented by Senior Advocate Arun Bhardwaj, Additional Advocate General for State of Haryana. The Bench will pass its order on Monday after receiving a clarification from the Municipal Corporation of Faridabad in relation to the costs to be paid by those who will be allotted flats under the rehabilitation scheme.While asking the AAG to get instructions on the issue, the Bench orally observed that if the premises being allotted are under a central project ( Pradhan Mantri Aawas Yojana) the charges payable should also be the same, unless some extra amount is being paid by Corporation to the Central Government"SUBMISSIONS & COURTROOM EXCHANGE: No Household Survey done by the MCF: Petitioners It has been argued by the petitioners that that they had repeatedly prayed before Supreme Court that before demolition, the Municipal Corporation should collect all the documents and evidence about the residents occupying houses so that there will be sufficient proof with them for rehabilitating the affected families.However, the State of Haryana, failed to carry out any survey of the Khori Gaon area, prior to demolition, contrary to the orders of this Court.Policy should not be unjust and arbitrary: Petitioners The petitioners have argued that it is the constitutional obligation of the State to provide shelter to the poor people who cannot afford it by way of a policy or by enacting a law. The constitutional courts can also take cognisance of the situation where it finds people suffering because of not having proper shelter owing to poverty and other reasons and give appropriate directions to the state.Rehabilitation Policy and Pradhan Mantri Awas Yojana: The petitioners have submitted that the rehabilitation policy refers to Pradhan Mantri Awas Yojana - Housing for all (Urban), under which provisions have been made to provide central assistance to implementing agencies through States and UTs for providing houses to all eligible families by 2022During the hearing Mr Parikh submitted that there is a requirement mentioned in PM Awas Yojana, and if Houses are constructed under that Yojana they'll be covered by the Yojana.He added that a stricter criteria that the one followed under the Yojana cannot be applied to these people when the scheme is same. It has been argued that these houses being allotted were constructed under PMAY and it was said that 202 people were allotted based on biometric identification."In this scheme they have put in these three conditions. Can you put conditions on people who will otherwise be eligible under the scheme?" Mr Parikh said."You are a separate class. In building construction, certain houses constructed have been set apart for your class of persons. The issue is identifying the true owner of house and if such house existed." the Bench said."Some person has been displaced from Khori Gaon, doesn't apply this scheme and apply under PM Awas yojna, that can happen no sir?" Justice Maheswari asked"Yes" Parikh said."As soon as you get it there you've no right to get one under this scheme then sir?" Justice Maheshwari asked"If I can get a flat through criteria under PM Awas Yojana, can I be denied on basis of the criteria. If I'm able to show my identity and residence can I be denied?" Mr Parikh remarked We've understood your submission that whatever are the norms prescribed under PM Aawas Yojana, the same can be applied in Corporation Scheme. Your argument is if Module followed in central scheme can be adopted in corporation scheme. That we'll put to other side" the Bench said.Eligibility criteria as laid out in the impugned policy is unduly restrictive: PetitionersThe Petitioners have submitted that under the Central Government schemes as well as state government schemes, different criteria have been adopted to provide the benefits.According to the Petitioners, the reasonable nexus for granting the benefit of rehabilitation should be: (1) identity of the head of the family; and (2) a proof of residence.As far as identity is concerned, the Petitioners have submitted that the Aadhaar card provides the statutory basis for providing identity, because it gives the unique identification number based on biometrics.Challenge To Cost of Flats: The petitioners have challenged the Rehabilitation policy on basis of the payment of Rs 377500 being sought for the allotments.The relevant condition of the policy being challenged reads as follows:"6(a)(i)...

Khori Gaon Evictions : Petitioners Raise Objections To Rehabilitation Policy; Supreme Court To Pass Orders On Nov 15

Srishti Ojha

Tags