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Aravalli forest land cleared from encroachments in Khori, SC told

ByAbraham Thomas, Hindustan Times, New Delhi
Aug 24, 2021 12:45 AM IST

The Supreme Court on June 7 granted six weeks to the municipal body to clear the Aravalli forest land from all encroachments “without any exception”

The Municipal Corporation of Faridabad (MCF) on Monday told the Supreme Court that it has removed all structures in the Khori Village that came up on 150 acres of Aravalli forest land, along with 10 of the 140 illegal farmhouses “acting without exception while taking action against encroachments”.

Demolitions underway at Faridabad’s Khori village. (Parveen Kumar/HT)
Demolitions underway at Faridabad’s Khori village. (Parveen Kumar/HT)

The Supreme Court on June 7 granted six weeks to the municipal body to clear the Aravalli forest land from all encroachments “without any exception”. The demolition of Khori village began in April this year, the Corporation was unable to complete the task due to resistance from villagers, who even approached the top court for rehabilitation prior to eviction. On July 23, the civic body was given additional four weeks to complete the demolition work and provide food, medicines, and temporary shelter to the needy villagers.

Exactly a month later, the corporation filed an affidavit before the top court on Monday stating that the demolition of the Khori village, that began in April this year, was complete and 150 acres of forest land freed from encroachment was now in possession of the municipal body.

The affidavit filed by MCF commissioner Yash Pal said that the civic body has received a letter from deputy conservator of forests, Faridabad, providing a list of structures that were situated on forest land and were served notices under the Punjab Land Preservation Act (PLPA) 1990. “The MCF has carried out demolition of about 10 structures or violations in the shape of farmhouses on the direction of the forest department officials by providing all the necessary support.”

Owners of few banquet halls that are also facing demolition appeared before the top court on Monday, seeking stay. Senior advocate Krishnan Venugopal, who appeared for banquet hall owners, said they enjoy protection of their business under earlier orders passed by the Supreme Court. They had moved representations before the Haryana government and sought stay on demolition till then.

Senior advocate Arun Bhardwaj representing MCF said, “No assurance can be given that demolition will not be carried out.” The bench of justices AM Khanwilkar and Dinesh Maheshwari backed the corporation saying, “We won’t pass such order (of staying demolition). If it is unauthorised, it has to be demolished.”

Sources close to the development said that a preliminary list of 140 illegal structures has been identified for demolition. “The MCF has planned demolition drive for August 23 and 24 on the violations/illegal structures in the shape of farmhouses within the municipal limits of Faridabad on land notified under PLPA as per preliminary list communicated by Deputy Conservator of Forests, Faridabad,” the MCF affidavit stated.

The list mentions illegal structures situated on revenue land in villages Ankhir, Manger, Mewla Maharajpur Pali, Lakkarpur, Badkhal and Anangpur villages in Faridabad district.

Some Khori residents filed an application on July 23 in the apex court alleging discrimination by pointing out a list of 50 properties in Faridabad (mostly farmhouses, ashrams and commercial establishments) and 10 others in Gurugram district that were situated on forest land. The court instructed the corporation to examine the application and ensure that no illegal structure on forest land was spared.

The MCF informed that near Surajkund tourist resort, some illegal occupants of six-acre land abutting the 150-acre Khori village has not been removed as the MCF sold this parcel of land to the Department of Tourism, Haryana in 1998, and the residents in this colony approached the Punjab and Haryana High Court for consideration of their claims.

Regarding rehabilitation of the Khori villagers, the MCF said the “Housing Plan for Rehabilitation of Khori Jhuggi Dwellers” has been drafted after receiving suggestions from evacuees who represented suggestions through a dedicated email id and also through a nodal officer of MCF stationed near the demolished Khori village.

Solicitor General Tushar Mehta appearing for the Haryana government sought three weeks to finalise the rehabilitation policy, but the court granted two weeks. The MCF too sought four weeks to clear the rubble from the forest land. The corporation intends to restore the site by planting trees at the demolished site.

The court has posted the matter for hearing on September 6.

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