SC refuses to halt demolition drive in Aravali forest area of Faridabad

The Supreme Court on Thursday refused to halt the demolition of over 10,000 residential houses in Aravali forest area near Khori village of Faridabad district, Haryana, for encroachment on forest land.

“We want our forest land to be cleared. We have given enough time, if you want to continue it is at your risk. This is forest land and not any other land,” a bench of Justices A M Khanwilkar and Dinesh Maheshwari told Aparna Bhat, a counsel appearing for villagers.

The court declined to stay the orders for removal of settlement made earlier on June 7, 2021, and February 19, 2020.

The counsel submitted that even as the hearing proceeded, forceful eviction was taking place.

The bench replied, "Yes let them do it."

Bhat contended that at least a temporary shelter should be provided for the children who will be evicted during the pandemic.

The bench said it is up to the Haryana government to examine the issue as per the existing rehabilitation scheme.

The top court said in its opinion, no indulgence was required to be shown by it at this stage and permitted the petitioners to produce documents at the municipal corporation concerned.

The bench pointed out that people had enough opportunity to vacate the forest land after February 19, 2020.

The bench noted that petitioners were obligated to provide documents to come under the rehabilitation scheme, which they have failed to do.

“We have recorded the submission that clearance of unlawful encroachment on forest land will be carried out as per the due process of law," the bench said.

The top court said the corporation and state government may proceed on the basis of the commitment give to it on an earlier occasion and in the order dated June 7, 2021.

Haryana government submitted that encroachers are throwing stones on officials, the bench that no order was required and the authorities "knew what to do."

The bench reiterated that the pendency of the proceedings in the court will not come in the way of clearing the encroachments.

The PIL sought directions to the authorities to follow the rehabilitation procedure before conducting any demolition drive, and also provide temporary shelter to the evicted slum dwellers in view of the ongoing Covid-19 pandemic.

On June 7, the bench had given the corporation six weeks to remove all encroachments on forest land and report compliance under the signature of the chief secretary and secretary of the Haryana Forest Department.

The court has posted the matter for further hearing on July 27.