SC refuses to stay eviction of 10,000 encroachers from forest land in Faridabad

Satya Prakash
Tribune News Service
New Delhi, June 17

The Supreme Court on Thursday refused to stay the demolition of over 10,000 illegal structures built on forest land in the Aravallis at Lakkarpur-Khori village in the Faridabad district of Haryana.

"In our opinion, no indulgence is required to be shown by this Court at this stage," a Bench, headed by Justices AM Khanwilkar, said after the petitioners' counsel Aparna Bhat urged the top court to halt the demolition as it would result in displacement of thousands of poor people during COVID19 pandemic.

As Haryana government counsel said the encroachers were pelting stones, the Bench said that no order was required and the authorities knew what to do.

Bhat said even as the hearing proceeded forceful eviction was taking place.

"Let them do it," said the Bench which had on June 7 ordered Haryana authorities to evict the illegal encroachers and file a compliance report in six weeks.

Responding to Bhat's request that the affected families should be given temporary shelters, the top court said it was for the Haryana Government to look into it.

The affected people had enough opportunity to vacate the forest land after its February 2020 order for their removal, it pointed out.

While posting the matter for further hearing on July 27, the Bench made it clear that the pendency of the proceedings before it will not come in the way of removing the encroachers.

This was the second petition on the issue this month. Earlier, holding that land grabbers can't take refuge under rule of law, the Supreme Court had on June 7 ordered the Municipal Corporation of Faridabad and the Faridabad Police to evict the illegal occupants of government land in six weeks.

"Land grabbers can't take refuge under rule of law and talk of fairness," the top court had said rejecting a plea filed by five encroachers against the demolition drive.

Maintaining that there was no question of compromise on forest land irrespective of the policy, the Bench, however, had said the petitioners’ demand for rehabilitation can be considered independently.

The petitioners had challenged the Haryana Shehri Vikas Pradhikaran Rehabilitation Policy to the extent it limits the cut-off for rehabilitation to 2003 and sought a stay on demolition of about 10,000 houses at Khori Gaon in Haryana's Faridabad.

"In our opinion, the petitioners are bound by the directions given by the Punjab and Haryana High Court and the Supreme Court…," it had said.

It ordered the local police to give necessary logistical support to enable the corporation to implement its directions to “evict the occupants/encroachers including by forcible eviction from the subject forest land and to clear all the encroachments therefrom.”

The Superintendent of Police, Faridabad, shall be personally responsible for ensuring adequate logistical support and police protection to the officials of the corporation, the court said.

“We further make it clear that the Chief Executive Officer of the corporation and the Secretary of the forest department shall be personally responsible to oversee the implementation of the directions given in this order and submit their compliance report(s) within six weeks,” it had said.

Noting that it had passed an interim order in February 2020 for removal of encroachment on forest land, the Bench had said it would be asking the civic body why the encroachments had not been removed so far.

“First forest land has to be cleared. No concession with regard to the forest land. Don’t give us COVID excuses. File a compliance report. It may be a case where some people are hand in glove with the encroachers,” it said.

The Bench directed the state forest department secretary to verify the factual situation regarding encroachments on forest land and submit an independent compliance report under his signature.

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