News Analysis India

Tag: Khori village

  • Khori village: Upfront amount be collected only after issuance of final allotment letter, says SC

    By PTI

    NEW DELHI: The Supreme Court Friday said that the upfront amount for EWS flats under the rehabilitation scheme for eligible applicants of Faridabad’s Khori village, where unauthorised structures which came under the Aravali forest area were removed, would be collected only upon issuance of the final allotment letter.

    The apex court, which was hearing the matter about Khori village, was informed by one of the petitioners that they have received letters from the authority that they will have to make the upfront payment of Rs 17,000 for provisional allotment of the EWS (Economically Weaker Section) flats.

    The counsel representing the Faridabad municipal corporation told a bench of Justices A M Khanwilkar and Dinesh Maheshwari that it appeared that some letters containing the clause for making payment have been issued inadvertently and those would be recalled forthwith.

    “The upfront amount would be collected from the concerned allottees only upon issue of final allotment letter after the draw of the lot as per the latest scheme,” the bench noted in its order.

    Senior advocate Sanjay Parikh, appearing for the petitioner, said the top court had earlier observed that the question of payment would arise after the final allotment is made after the draw of lots.

    Parikh said the other issue is regarding payment of solatium of Rs 2,000 per month for six months to the eligible applicants who are not being given provisional accommodation.

    On the issue of solatium, senior advocate Arun Bhardwaj, appearing for the civic body, said the grievance would be looked into and corrective steps would be taken, if there is any case of non-payment subject to verification.

    Bhardwaj told the bench that petitioners can communicate with him on the issues before filing applications in the court so that he could advise the civic body to take appropriate steps if needed.

    The bench appreciated the stand taken by him and said in the future, the petitioners should intimate the counsel representing the corporation about the issue in respect of which redressal is being sought.

    The court said if the issue stands unresolved for more than two weeks from the date of intimation, it would be open to the petitioners to apply in that regard before the court.

    The bench has posted the matter for further hearing on November 13.

    It also dealt with the matter relating to the forest land issue in which the Haryana government has filed an affidavit on Thursday.

    The bench said it would hear arguments in the matter on November 15.

    On October 8, the top court had said that the Aadhaar card would be one of the documents to be taken into account by the municipal corporation for making provisional allotment under the rehabilitation scheme to eligible applicants.

    As an interim arrangement, the apex court had directed the civic body to process the applications if it is accompanied by an Aadhaar card to make provisional allotment subject to verification of the applicant.

    The bench had made clear that provisional allotment of EWS flats would not create any right in favour of the person until he establishes his eligibility as mandated under the rehabilitation scheme.

    In a status report filed earlier in the top court, the municipal corporation had given details including that of the modified timeline for the process of allotment under the rehabilitation scheme to eligible applicants of Khori ‘jhuggis’.

    It had said a total of 2,583 applications have been received till September 29 and 360 applicants have taken temporary possession of flats till September 30.

    The report had said as per the apex court’s direction, the timeline for rehabilitation has been modified and the last date of submission of application is now November 15 and final allotment letters would be issued on December 15.

    The corporation had said it has also accepted the suggestion to reduce the initial payment for the flat from Rs 17,000 to Rs 10,000 and further increased the period of repayment from 15 to 20 years.

    The civic body had last month told the apex court that they will be making a payment of rent/solatium of Rs 2,000 per month to the eligible applicants from November 1 for six months or actual physical possession of flats, whichever is earlier.

    On June 7, the top court had directed Haryana and Faridabad municipal corporation to remove “all encroachments,” consisting of around 10,000 residential constructions, in the Aravali forest area near the village, saying “land grabbers cannot take refuge of rule of law” and talk of “fairness”.

  • Encroachments on Aravalli: SC asks civic body to file affidavit on rehabilitation

    By PTI

    NEW DELHI: The Supreme Court on Monday asked the Faridabad municipal corporation to submit an affidavit on suggestions and details on additional documents which can be allowed to decide eligibility for rehabilitation of people who were displaced following demolition of encroachments on Aravalli forest land in Khori village.

    A bench of justices A M Khanwilkar and Dinesh Maheshwari directed the corporation to file the affidavit before October 4.

    Senior advocate Arun Bhardwaj, appearing for the municipal corporation, said about 900 people are eligible for the accommodation.

    Up to September 19 “we have received 2416 applications, out of this 899 are eligible”, he said.

    The top court had earlier asked the corporation to furnish area-wise details of structures, if any, on Aravali forest land in Khori village, which have not been demolished, along with justification as to why they were not removed.

    On September 14, the municipal corporation had “in-principle agreed” before the court to roll out provisional allotment of houses for rehabilitation of eligible people.

    On June 7, the top court had directed the Haryana government and the Faridabad municipal corporation to remove all encroachments, consisting of around 10,000 residential constructions, on Aravali forest area near the village, saying land grabbers cannot take refuge of rule of law and talk of fairness.

  • Khori village: SC asks civic body to give details of structures not demolished with justification

    By PTI

    NEW DELHI: The Supreme Court Monday directed the Faridabad municipal corporation to furnish area-wise details of structures, if any, standing on the Aravali forest land in Khori village which have not been demolished along with justification as to why they were not removed.

    The apex court, which was hearing the matter pertaining to Khori village where unauthorised structures which came under Aravali forest area were removed, said the corporation may also indicate what steps they have taken to remove the debris of the unauthorised structures which have been razed.

    A bench of justices A M Khanwilkar and Dinesh Maheshwari was informed by the counsel appearing for the municipal corporation that up to September 15, a total of 2,391 applications have been received by the civic body from persons for rehabilitation, out of which 892 applicants have been found to be prima facie eligible.

    Senior advocate Arun Bhardwaj, appearing for the municipal corporation, said the 892 applicants, prima facie found to be eligible, were contacted by civic body officials and 302 of them turned up on Monday to collect the provisional allotment letters.

    The bench, while noting that modalities suggested by it earlier regarding provisional allotment of houses are being rolled out by the corporation in right earnest, told Bhardwaj that civic body will have to furnish details of structures which have not been demolished and are standing on the forest land along with the justification.

    It said: “We direct the Commissioner of Faridabad Municipal Corporation to submit a chart area-wise disclosing the structures standing on forest land which have not been demolished with justification for non-demolition of unauthorised structures, if any, before the next date of hearing,” the bench said and posted the matter for hearing on October 22.

    “In addition, the corporation may also indicate the steps taken to remove the debris of demolished structures or process the same to make it environment friendly and compliant.”

    It said the debris will have to be removed soon otherwise other structures might come up there.

    At the outset, Bhardwaj told the bench that the proposed schedule for the process of allotment of EWS (Economically Weaker Section) flats under the rehabilitation scheme to eligible applicants has been re-aligned.

    He said now, the last date of submission of application is November 15 and for final scrutiny, including verification of documents, it is November 25.

    He said date for publication of final list of eligible applicants is November 29 and the draw will be held on December 2.

    He said the proposed date for issuance of final allotment letter is now December 15 this year.

    The proposed timeline submitted earlier in the court had indicated April 30 next year for handing over possession of EWS flats to the eligible applicants.

    The apex court had on September 14 observed that this proposed time period is too long.

    The corporation’s counsel told the court on Monday that after provisional allotment letters will be given to those who have been found prima facie eligible, they would be asked to move into these flats and in case of any maintenance related difficulty, the same will be rectified as soon as it is pointed out to the authority.

    “That is what was expected,” the bench said.

    The corporation’s counsel said the total number of available flats is around 2000 and the number of houses demolished at Khori village were higher.

    The bench said the information regarding re-scheduled dates be placed before it by way of an affidavit.

    The top court also heard submissions regarding the eligibility criteria mentioned in the ‘Housing plan for rehabilitation of Khori (Lakkarpur revenue estate) Jhuggi dwellers sitting on land owned by Municipal Corporation Faridabad’.

    Senior advocates Colin Gonsalves and Sanjay Parikh, who were appearing for some of the petitioners, raised the issue regarding eligibility criteria.

    While Gonsalves said very few persons will actually pass the test of eligibility criteria, Parikh said it is “very restrictive”.

    “Without applying, it will not be possible for us to know whether he is eligible or not,” the bench observed, adding, “Let these people apply, they will verify the position and they will take a stand”.

    Parikh also referred to the eligibility criteria of the ‘Pradhan Mantri Awas Yojana’.

    Bhardwaj told the bench that he would take instructions on the issue of eligibility criteria.

    The bench said it would hear arguments on this issue on September 27.

    It also dealt with the issue of down payment for the allotment of flats.

    The bench suggested Bhardwaj to consider the possibility of involving some banks to give loans to the people who would be eligible but might need financial help.

    During the hearing, the bench reiterated that corporation would proceed against unauthorised structures standing on forest land.

    On September 14, the municipal corporation had “in-principle agreed” before the court to roll out provisional allotment of houses for rehabilitation of eligible people.

    On June 7, the top court had directed Haryana and Faridabad municipal corporation to remove “all encroachments”, consisting around 10,000 residential constructions, in Aravali forest area near the village, saying “land grabbers cannot take refuge of rule of law” and talk of “fairness”.

  • Drone survey, demolition soon in 1,430 acres of Aravalli forestland

    Express News Service
    CHANDIGARH: A drone survey will be carried out to identify encroachments in 1,430 acres of Aravalli forestland followed by a demolition drive from next week. Already some 5,000 structures have been demolished at Khori village in Faridabad in the last fortnight. As many as 2,100 structures were razed in last three days alone.

    The demolition drive, which was started on July 14 in compliance with the Supreme Court order on June 7, is likely to carry on till all encroachments from the forestland are removed. Sources said that in the coming week, the district administration will start a demolition drive to clear 1,430 acres of Aravalli forest land which has illegal encroachments. The decision was taken at a meeting chaired by Divisional Commissioner Sanjay Joon in Faridabad on Wednesday.

    On July 23, the Supreme Court had directed the district authorities to clear all encroachments on the forestland while hearing a case related to the Khori demolition. Deputy Commissioner of Faridabad Yash Pal said there are 130 illegal structures including farm houses, marriage palaces and educational institutions and or commercial establishments which have been built on this forest land and have been identified by the forest department. “As the last survey was done two years ago, a drone survey will be done to identify more such encroachments. Nobody will be spared.”

    “We have started sending notices to the owners of these illegal buildings and then from next week, we expect to start the drive to demolish these farm houses and other structures,” he added. The forest department has started giving four-day notices to such owners. If they do not move out, the administration will demolish these structures and will impose demolition cost on them.