Land grabbers cannot take refuge of regulation: SC orders elimination of encroachment on forest land


Picture Supply : PTI

Supreme Court docket orders elimination of encroachment on forest land

The Supreme Court docket Monday directed Haryana and the Faridabad municipal company to take away “all encroachments”, consisting of round 10,000 residential building, in Aravali forest space close to a village, saying “land grabbers can not take refuge of rule of regulation” and discuss of “equity”. A trip bench of justices A M Khanwilkar and Dinesh Maheshwari sought a compliance report from the state authorities’s officers after eradicating all encroachments from forest land close to Lakarpur Khori village in Faridabad district inside six weeks.

“In our opinion, the petitioners are certain by the instructions given by the Punjab and Haryana Excessive Court docket and the Supreme Court docket in orders..,” the bench mentioned within the order and made clear that the state authorities might think about the plea of rehabilitation independently.

“Subsequently we reiterate our instructions given to the state and the Faridabad Municipal Company and count on that the company will take away all encroachments on forest land not later than 6 weeks and report compliance..,” the bench ordered after listening to a plea filed by 5 alleged encroachers led by one Sarina Sarkar towards the demolition drive of the civic physique.

The highest court docket, in a listening to performed by way of video conferencing, directed that the Deputy Commissioner of Police of Faridabad will probably be chargeable for offering police safety to the civic physique officers within the demolition drive.

The bench made clear that the compliance of earlier orders, asking elimination of encroachments from forest land, can be verified by it.

Through the listening to, the bench took word of the submission that the unlawful dwellers don’t have any place to go and the state be directed to rehabilitate them earlier than their eviction, saying the “land grabbers can not take refuge within the rule of regulation” and discuss of “equity”.

“Let the folks be accommodated as quickly as they’re evicted,” senior advocate Colin Gonsalves, showing for petitioners, mentioned.

“Who’s asking this?  Land grabbers! Once you come to court docket you change into trustworthy and law-abiding and on-site, you don’t do something lawful,” the bench noticed.

Within the first spherical of litigation, we have been unable to get a beneficial order for getting the demolition stopped, Gonsalves mentioned, including, “Folks needs to be rehabilitated and the best to housing can’t be denied.”

“We had handed an interim order in February 2020 and since it’s an encroachment of forest land, it needs to be vacated and if in future, the state authorities needs to accommodate you that’s as much as the state,” the bench noticed.

The bench mentioned that it will be asking the civic physique, as to why the encroachments haven’t been eliminated regardless of its February 2020 order on it.

As far as forest land is anxious, there was no query of compromise no matter the coverage, the bench mentioned.

“Why have they not been eliminated,” the bench requested the counsel showing for Haryana after he replied affirmatively to the question whether or not the petitioners have been dwelling on forest land.

“First forest land needs to be cleared. No concession with regard to the forest land. Don’t give us COVID excuses. File a compliance report,” it mentioned, including that it could be a case the place some are in “hand in glove” with encroachers.

“Demolition is going down,” the counsel for the state mentioned.

The bench requested Gonsalves to advise petitioners to vacate the land on their very own; in any other case, the state and the municipal company will clear the land.

“Once you come right here Gonsalves, you communicate of rule of regulation, is that this rule of regulation. You seize forest land and you then ask a coverage to be formulated,” the bench mentioned.

The bench mentioned it was dismissing the petition and saved it pending as a result of it needed its order to be complied with. 

(With PTI inputs)

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