Khori Gaon Evictions : Supreme Court Orders Rs 2000 Monthly Compensation To Eligible Persons Until Allotment Of Accommodation

In connection with the Khori Gaon eviction matter, the Supreme Court on Thursday directed that until permanent accommodation is offered to the eligible persons, the Municipal Corporation of Faridabad shall be liable to pay the ex- gratia solatium amount of Rs.2000 per month until the date of issuance of possession letter by the Corporation.The court recorded that the Municipal Corporation of Faridabad submits that the eligible persons, about 1027 in number, will be allotted premises on permanent basis by end of April 2022 in habitable condition. The bench headed by Justice A. M. Khanwilkar directed that the fact that the premises are in habitable condition will be certified by the commissioner, Municipal Corporation of Faridabad."As aforesaid possession letter can be issued only after the commissioner certifies that the premises allotted to the concerned allottees are in habitable condition and can be occupied immediately, the corporation must complete the work of allotment before 21st of April", the bench added.The bench further noted, "It was also brought to our notice that the plot on which the unauthorised structures were removed is being misused by the locals. We direct the superintendent of police, Faridabad to provide necessary assistance to the corporation to ensure that no encroachment or misutilisation of the area/plot in question takes place in the future and to remove unauthorised structures or occupants if any""In addition, as the corporation is already working on the plan for the redevelopment of the entire area, the secretary of the forest department may issue appropriate instructions to facilitate plantation of suitable trees of appropriate species in the area through forest department. List on 26 April 2022 for consideration of other aspects including the issues to be dealt with referred to above", the bench said in its order"Needless to observe that issue no. (c) (as raised by the petitioners regarding whether lands notified under Punjab Land Protection Act, 1900 are ipso facto forest lands) may have to wait till the pronouncement of judgment in companion cases, hearing whereof has been completed today", the bench observed in its order.It further ordered that "The commissioner shall constitute the appellate authority for deciding the representation of the appeals of applicants whose claim has been found invalid by the corporation. That is to be done within two weeks from today and the appellate authority so constituted shall ensure that the concerned appeals are decided not later than three months as far as possible"The bench heard Senior Advocate Sanjay Parikh, for the petitioners, and Senior Advocate Arun Bhardwaj for the corporation.Courtroom exchangeMr. Parikh: "Since houses were demolished in July 2021, they have no accommodation. They have been living on the roads under tarpaulins. They have spent the winters there and will be subjected to the vagaries of the summer over there.Solatium of Rs.2000 per month was to be paid to them for making their own rental arrangement till the time EWS flats are made habitable, but not for a period exceeding six months. Till date, they are not habitable. The petitioners have put on record photographs showing condition of flats. Two visits took place in presence of counsel of petitioners and MCF. The flats are not habitable and they should be provided a solatium of at least Rs.2000. Because they are not habitable, the time frame which your lordships had given to them will change…When will the flats be ready, having drinking water and other facilities, when will the final draw of lots and consequential allotment take place. They have to commit before this hon'ble court that this is the outer limit and this is what will be done. Because we don't want to be there without drinking water, drainage and other facilities…The petitioner submits that in case the court comes to conclusion that the PLP lands are not ipso facto forests, then the order passed on the false and misleading statement of the state of Haryana may have to be recalled and the determination will have to be done afresh of persons including restitution, rehabilitation in situ and compensation for violation of Constitutional rights"Justice Khanwilkar: "So far as the last point that you have made in this note, that needs to wait till we take a view of the matter one way or the other. That cannot be gone into today immediately. What is to be done today that is essential?" Mr. Parikh: "Kindly have a look at the photograph of 12 March 2022. They were committed to finishing hundred flats in 10 days and to give possession to all eligible persons by April 13. That was the commitment made. I was present there. Since the flats were constructed in 2012, large amount of repair work remains"Justice Khanwilkar: "It is almost 1 year now. For maintenance and repair, it should not take so long"Mr. Parikh: "They have paid solatium for six months, but if they have not made the flats habitable, till the flats ...

Khori Gaon Evictions : Supreme Court Orders Rs 2000 Monthly Compensation To Eligible Persons Until Allotment Of Accommodation

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