By Srishti Ojha
This article was published on LiveLaw.in website. Read it here.
The Supreme Court of India on Friday heard the grievances raised by some Khori residents in relation to the conditions of the flats being allotted under the Rehabilitation Plan for those displaced in the Khori Gaon demolitions.
A Bench comprising Justice AM Khanwilkar and Justice Dinesh Maheshwari was hearing a batch of pleas filed in relation to demolition of structures that has been planned by the Municipal Corporation of Faridabad at Khori Gaon in Faridabad, Haryana.
The Bench thought it fit for the Municipal Corporation to consider the grievances raised by the petitioners.
The Bench recorded the assurance given by Additional Advocate General Arun Bhardwaj appearing for the Municipal Corporation that the grievances will be appropriately redressed at the earliest opportunity.
The grievances have been raised by the petitioners through an application seeking directions to Municipal Corporation of Faridabad to undertake remediation of flats meant for rehabilitation under the Housing Plan for the Rehabilitation of Khori to make them habitable.
Senior Advocate Sanjay Parikh and Advocate Srishti Agnihotri appearing for the applicants/petitioners informed the Court that nobody is able to reside at the allotted flats as they are not habitable.
The Bench then told AAG Arun Bhardwaj appearing for the State of Haryana that he had assured the court that grievances of petitioners would be taken up by the Authorities. The Bench added that whatever is doable should be done.
AAG Arun Bhardwaj informed the Court that he hasn’t received a copy of the application, and assured the Court that the grievances will be taken care of.
The Bench therefore recorded AAG’s assurance that the grievances will be appropriately redressed at the earliest opportunity.
” It can be resolved, we don’t have to interfere in everything. Just as you say application has been served, he may not have received. Mr. Bhardwaj is saying he will take it up,” the Bench orally observed.
The petitioners through their application have sought the following directions:
- Directions to the Municipal Corporation of Faridabad to undertake remediation of flats meant for rehabilitation under the Housing Plan for the Rehabilitation of Khori to make them habitable.
- Directions to the Municipal Corporation of Faridabad to utilise existing e-portal for filing of applications for rehabilitation to also permit residents of Khori Gaon to make applications for solatium or set up a separate e-portal for the same.
- Directions to enable editing applications for rehabilitation in order to facilitate genuine applicants to make their claims, and cure defects in their rehabilitation applications.
- Directions to the Municipal Corporation of Faridabad to provide reasoned rejection orders in case of the rejection of any applications for rehabilitation.
Supreme Court had in November passed a detailed order dealing with all 6 issues raised in the petitions challenging certain clauses of Rehabilitation housing plan formulated by Municipal Corporation with respect to the demolitions at Khori Gaon.
In the first week of August, the Apex Court had asked the State of Haryana to expedite the consideration of the draft policy of rehabilitation submitted by the Municipal Corporation of Faridabad with respect to the demolitions carried out in the Khori Gaon forest land, and take a final decision preferably before August 25th.
On 7th June 2021, the Supreme Court had directed the removal of all encroachments on forest land within 6 weeks in a plea seeking a stay on the demolition of 10,000 houses that has been planned by the Municipal Corporation of Faridabad at Khori Gaon in Faridabad, Haryana.
Case Title: Municipal Corporation Faridabad v. Khori Gaon Residents Welfare Association (Regd.) Through Its President & Ors