New
Delhi:
“We want our forest land to be cleared”, the Supreme Court said on Thursday
while refusing to stay its direction asking Haryana and the Faridabad municipal
corporation to remove encroachments, consisting around 10,000 residential
constructions, in Aravali forest area near Khori village.
The
court termed as “misconceived” the grievance of the petitioners, who were
seeking stay on demolition of the constructions, that they are not allowed to
produce documents in support of their eligibility regarding rehabilitation
under the existing scheme.
“The
concerned occupants of the unauthorized structures standing on the forest land
were given sufficient opportunity to do so after notification was issued by the
corporation in 2020, after the order dated February 19, 2020 was passed by this
court,” a bench of Justices A M Khanwilkar and Dinesh Maheshwari said in its
order.
“Needless
to observe, this court had already recorded the assurance given by the
corporation that action against unauthorized structures standing on the forest
land will be taken by following due process and in accordance with law,
including to examine the claim of the occupants for rehabilitation as per the
existing rehabilitation scheme,” it said. “That assurance has been reiterated
and is so recorded in this order as well”.
The
top court noted that grievance of the petitioners that they are not in a
position to produce title documents as these structures are erected on forest
land belonging to the state, “does not take the matter further”.
It
said that petitioners and similarly placed persons are and were obliged to
produce documents before the corporation in support of their claim regarding
rehabilitation under the existing scheme but they failed to do so.
“The
corporation and state authorities may proceed on the basis of the commitment
given to the court on the earlier occasion to comply with the directions given
in order dated June 7, 2021. Nothing more is required to be said in this
petition,” the bench said.
“In
our opinion, no indulgence can be shown to the petitioners and similarly placed
persons who are bound by the earlier order dated June 7, 2021 passed by this
court,” it said.
The
court, while hearing a separate plea on the issue on June 7, had directed the
state and the Faridabad municipal corporation to remove “all encroachments” in
the Aravali forest area, saying “land grabbers cannot take refuge of rule of
law” and talk of “fairness”.
It
had also sought compliance report from the state government officials after
removing all encroachments from forest land near Khori village in Faridabad
district within six weeks.
In
its order passed on Thursday, the court said as the larger issue related to the
matter is pending in separate petition, this plea would be heard along with
that on July 27.
“We
make it clear that the pendency of this matter will not come in the way of the
authorities to proceed against the unauthorized structures standing on the
forest land in conformity with the statement recorded hitherto,” the bench
said.
During
the hearing conducted through video-conferencing, advocate Aparna Bhat,
appearing for the petitioners said there are around 10,000 families in the
village.
“Please
don't give us numbers. It makes no difference. We want our forest land to be
cleared,” the bench said, adding, “We have given enough time. The notification
was issued but you continued there at your own risk”.
“This
is forest land. This is not ordinary land,” the bench observed.
Bhat
argued about rehabilitation and said that state authority has not taken up the
issue of eligibility and identification process has not been done.
The
bench referred to its April 5 order, passed in a matter related to the issue,
and said the civic body will take steps in accordance with law.
“You
have to evict them in accordance with law. You have to give benefit of scheme
(of rehabilitation) to those who are eligible,” the bench told the counsel
appearing for the municipal corporation.
Bhat
argued that authority has come there to forcibly evict those who are living
there and before the demolition, they should do the exercise of verification.
“Look
at these people and their situation. They are migrant labourers. There are
children,” Bhat said and also referred to the COVID-19 pandemic situation.
“That
is for the state to do. We are only concerned with vacation of forest area. We
have given enough time earlier,” the bench observed.
When
Bhat referred to global guidelines for non-eviction during pandemic, the bench
said, “We are not concerned with global guidelines. This issue is going on for
long.”
At
the fag end of hearing, the counsel appearing for Haryana, said there are
incidents of stone pelting when demolition work is carried out and some
directions be given so that the process is peaceful.
“You
know what you have to do. We don't want to say on this. We want our order to be
complied with,” the bench said.
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.
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