Apex court refuses to stay order for removal of encroachments in Faridabad's Aravali forest area
We want our forest land to be cleared,” the Supreme Court made it clear on Thursday as it refused to stay its direction asking the Haryana Government and the Faridabad Municipal Corporation to remove all encroachments, consisting around 10,000 residential constructions, in the Aravali forest area near Khori village.
The bench of Justices A M Khanwilkar and Dinesh Maheshwari asked the State and the civic body to comply with its June 7 direction in this regard, observing “land grabbers cannot take refuge of rule of law” and talk of “fairness”.
The Bench had also sought the compliance report from the State government officials after removing all encroachments from forest land near Khori village in Faridabad district within six weeks. During the hearing conducted through video-conferencing, advocate Aparna Bhat, appearing for the petitioners who have sought a stay on demolition of these structures, said there are around 10,000 families in the village.
“Please don’t give us numbers. It makes no difference. We want out 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 the 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.
The bench, while asking whether the petitioners have given additional documents to the corporation for verification, observed that enough time was already given earlier. “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.
The apex court observed that people there can produce their documents for identification and rehabilitation to the corporation. 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.”
The bench said that no indulgence can be shown at this stage. It noted that petitioners were obligated to produce documents before the corporation for the rehabilitation scheme and they have failed to do so. The bench said that clearance of encroachment on forest land would be done by following the due process of law. It said that larger issues related to the matter are pending and it would take up the plea on July 27.
The Judges also rejected Haryana Government’s arguments of violence, stone pelting during demolition attempts. “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. It had said that Superintendent of Police, Faridabad, shall be personally responsible for ensuring adequate logistical support and police protection to the officials of corporation.