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Khori Gaon: Faridabad municipal corporation assures Supreme Court of completing rehabilitation by April 30, 2022

The Faridabad Municipal Corporation on Tuesday informed the Supreme Court that it will make all efforts to complete the process of rehabilitation with respect to Khori Gaon demolitions by April 30, 2022, including handing over the possession of the flats to eligible applicants.

A bench comprising Justices A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar was hearing a plea seeking rehabilitation of slum dwellers, who were evicted after forest areas were cleared by the Municipal Corporation of Faridabad at Khori Gaon in Faridabad, Haryana.

The Bench observed that the Faridabad Municipal Corporation has in-principle agreed to roll out a scheme for allotment of premises/houses in view of rehabilitation of eligible applicants.

“The corporation, upon receiving applications along with documents establishing eligibility of accommodation, provisional allotment letter to be issued after due scrutiny. But such a provisional letter to state such allotment is temporary and subject to final adjudication and final draw of lots and scrutiny of all participants,” the Court noted.

“The applicant concerned and his family members to give undertaking to the corporation that as and when called upon to vacate in the event of failing to establish eligibility criteria or remedy of appeal shall vacate in two weeks,”

-it directed.

The Counsel of FMC assured the bench that after provisional allotment if any repair and maintenance to make it habitable is required, the same shall be carried on by the corporation preferably within 10 days of the intimation given by the applicant to the concerned official of the corporation.

“When such repair work is carried on, safety and security of the residents has to be kept in mind. The rent of 2,000 offered to the concerned applicant shall stand discontinued after provisional accommodation is granted,” the Bench observed.

On September 6, the Apex Court had directed the Municipal Corporation of Faridabad to identify a suitable timeline for rehabilitation of people from Khori Gaon. The Court suggested the method that the provisional allotment be given in a week from the submission of application and if the eligibility is found suspect thereafter, the person may be evicted.

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Senior Advocate Colin Gonsalves, appearing for the petitioner in Sarina Sarkar & Ors. v. State of Haryana & Ors, submitted that everything about rehabilitation submitted by the government was false and requested the Supreme Court to appoint a commissioner.

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The Court asked him about the urgent concerns. Gonsalves submitted that food, water, accommodation are found wanting. He took the court through the report filed in Sarina Sarkar about the inadequacies in the facilities. The Court remarked that it was a wider issue and that for immediate relief, the Counsel should point out urgent things.

Gonsalves tried to impress upon the Court that it was all a connected issue. He submitted that the temporary shelter was a makeshift hall that could barely fit 150 people. He submitted that there is no privacy and that the young women do not feel comfortable, further there was no space in tents. In addition, the persons were forced to leave after 2-3 days. He also made a submission that half the space is occupied by the volunteers of the Radhaswamy Satsang Ashram.

Case name: Municipal Corporation Faridabad vs Khori Gaon Residents Welfare Association (Regd)

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