A monthly compensation of Rupees 2k (Rupees Two Thousand) has been ordered by the Supreme Court Bench of Justices AM Khanwilkar, AS Oka and CT Ravikumar to the Khori Gaon dwellers until possession of 'habitable' flats is made available for them. The compensation came upon an understanding of the Bench that the present accommodation where the affected people are made to stay lack any drainage and proper water availability. The people are thus forced in these circumstances to live outside on the streets.
The Supreme Court on Thursday directed the Faridabad Municipal Corporation to give 2,000 per month to these people who were evicted as part of Khori Gaon jhuggi demolition drive.
The Supreme Court in June 2021 had refused to halt the demolition of over 10,000 settlements housing over 1 lakh people at Khori Gaon in Faridabad district, Haryana for encroachment of forest land. A Bench of Justices AM Khanwilkar and Dinesh Maheshwari had passed the order in a public interest litigation (PIL) seeking stay on the demolition.
However, directions were also given to the State authorities to provide provisional accommodation to those evicted, until arrangement is made for their new housing facilities.
"Corporation must take responsibility. All of these people must be compensated by you. That is why they are staying outside. We will send someone to check if the condition is habitable," the Court said.
Until the persons are in possession of completed and habitable flats, the Faridabad Municipal Corporation has to pay compensation, the Bench stated in its order.
"The fact that premises are habitable will be certified by the Municipal Commissioner. Until the eligible person are given possession of the flats, the corporation shall be liable to pay the solatium amount of Rs 2,000 per month until the date of possession letter ... Corporation must finish allotment before April 30, 2022," the order said.
Senior Advocate Arun Bhardwaj, appearing for the petitioners said "They sleep under tarpaulin sheets and faced wrath of winter and will now face vagaries of summer. Municipal Corporation of Faridabad has to submit when will the flats be ready and what will be the deadline of final handover and what is the outer limit. We don't want to be there without drinking water or drainage facilities,"
Counsel for the State authorities submitted that 1,022 eligible persons will be provided permanent allotment by end of April 2022 in habitable conditions.
Taking note of some other concerns expressed, the Bench continued, "We were also informed that the plot where unauthorised structures were removed is being misused by locals. We direct Faridabad Superintendent of police to ensure that there is no encroachment or mis-utilisation of the plot in the future, the forest Dept. may issue appropriate directions to ensure plantation of suitable trees in the area."
