Supreme Court - Daily Orders
Municipal Corporation Faridabad vs Khori Gaon Residents Welfare ... on 6 September, 2021
Bench: A.M. Khanwilkar, Dinesh Maheshwari
1
ITEM NO.301 Court 3 (Video Conferencing) SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 7220-7221/2017
(Arising out of impugned final judgment and order dated 29-04-2016
in CWP No. 19148/2010 29-04-2016 in COCP No. 1135/2012 passed by
the High Court Of Punjab & Haryana At Chandigarh)
MUNICIPAL CORPORATION FARIDABAD Petitioner(s)
VERSUS
KHORI GAON RESIDENTS WELFARE ASSOCIATION (REGD.)
THR ITS PRESIDENT & ORS. Respondent(s)
(IA No. 94719/2021 - APPROPRIATE ORDERS/DIRECTIONS, IA No.
57354/2017 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 91157/2021 -
APPROPRIATE ORDERS/DIRECTIONS, IA No. 89574/2020 -
CLARIFICATION/DIRECTION, IA No. 101169/2021 -
CLARIFICATION/DIRECTION, IA No. 94720/2021 - EXEMPTION FROM FILING
AFFIDAVIT, IA No. 103155/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA
No. 48851/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 48850/2021
- EXEMPTION FROM FILING O.T., IA No. 94717/2021 - INTERVENTION
APPLICATION, IA No. 90923/2021 - INTERVENTION APPLICATION, IA No.
101159/2021 - INTERVENTION APPLICATION, IA No. 91893/2020 -
INTERVENTION/IMPLEADMENT, IA No. 89573/2020 -
INTERVENTION/IMPLEADMENT, IA No. 103153/2021 - PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 101155/2021 -
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No.
48843/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES, IA No. 94724/2021 - PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
WITH
C.A. No. 8454/2014 (XVII)
(FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
192694/2019, IA No. 192694/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
C.A. No. 10294/2013 (XVII)
(FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
148663/2018, FOR PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES ON IA 125428/2019, FOR PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES
Signature Not Verified
ON IA 136483/2019,
FOR impleading
Digitally signed by
DEEPAK SINGH
Date: 2021.09.07
party ON IA 155772/2019,
FOR
17:32:41 IST
Reason: INTERVENTION/IMPLEADMENT ON IA 155772/2019,
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 155775/2019,
FOR impleading party ON IA 155781/2019,
FOR INTERVENTION/IMPLEADMENT ON IA 155781/2019,
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 155784/2019,
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FOR impleading party ON IA 2082/2021,
FOR INTERVENTION/IMPLEADMENT ON IA 2082/2021,
FOR CLARIFICATION/DIRECTION ON IA 2091/2021
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
105838/2021
IA No. 155784/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 155775/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 2091/2021 - CLARIFICATION/DIRECTION
IA No. 155772/2019 - INTERVENTION/IMPLEADMENT
IA No. 2082/2021 - INTERVENTION/IMPLEADMENT
IA No. 155781/2019 - INTERVENTION/IMPLEADMENT
IA No. 136483/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 125428/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 105838/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 148663/2018 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
C.A. No. 8173/2016 (XVII)
(FOR STAY APPLICATION ON IA 1/2016
FOR [APP FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS] ON IA 2/2016
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
138590/2019
FOR EXEMPTION FROM FILING O.T. ON IA 138593/2019
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
97595/2020
FOR EXEMPTION FROM FILING O.T. ON IA 97596/2020
IA No. 2/2016 - APP FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS
IA No. 93369/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 138593/2019 - EXEMPTION FROM FILING O.T.
IA No. 97596/2020 - EXEMPTION FROM FILING O.T.
IA No. 138590/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 97595/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 1/2016 - STAY APPLICATION)
C.A. No. 11000/2013 (XVII)
(FOR STAY APPLICATION ON IA 3/2014, FOR PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 196807/2019 AND IA No.
196807/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES, IA No. 3/2014 - STAY APPLICATION)
W.P.(C) No. 592/2021 (PIL-W)
(FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 64532/2021
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
65543/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 65544/2021
FOR MODIFICATION ON IA 71098/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 71100/2021
FOR INTERVENTION APPLICATION ON IA 82565/2021
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 82566/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 84526/2021
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FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
91182/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 91186/2021
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
92160/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 92163/2021
FOR AMENDMENT OF THE PETITION ON IA 92847/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 92851/2021
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
103148/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 103150/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 106530/2021
FOR APPLICATION FOR EXEMPTION FROM FILING TYPED DOCUMENTS ON IA
106531/2021
IA No. 92847/2021 - AMENDMENT OF THE PETITION
IA No. 106531/2021 - APPLICATION FOR EXEMPTION FROM FILING TYPED
DOCUMENTS
IA No. 82566/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 92163/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 65544/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 91186/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 64532/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 106530/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 84526/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 103150/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 92851/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 71100/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 82565/2021 - INTERVENTION APPLICATION
IA No. 71098/2021 - MODIFICATION
IA No. 92160/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 65543/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 91182/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 103148/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
W.P.(C) No. 657/2021 (PIL-W)
(FOR
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 68638/2021
IA No. 68638/2021 - EXEMPTION FROM FILING AFFIDAVIT)
W.P.(C) No. 759/2021 (PIL-W)
(FOR
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 79663/2021
FOR APPLICATION FOR PERMISSION ON IA 82248/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 82250/2021
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
82271/2021
FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 82274/2021
IA No. 82248/2021 - APPLICATION FOR PERMISSION
IA No. 82250/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 79663/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 82274/2021 - EXEMPTION FROM FILING AFFIDAVIT
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IA No. 82271/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
W.P.(C) No. 788/2021 (X)
(FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 84840/2021
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
84845/2021
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
92554/2021
FOR EXEMPTION FROM FILING O.T. ON IA 92555/2021
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 105404/2021
FOR EXEMPTION FROM FILING O.T. ON IA 105406/2021
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
105412/2021
IA No. 84840/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 105404/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 92555/2021 - EXEMPTION FROM FILING O.T.
IA No. 105406/2021 - EXEMPTION FROM FILING O.T.
IA No. 92554/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 84845/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 105412/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 06-09-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE DINESH MAHESHWARI
For Parties:
Mr. Tushar Mehta, SG
Ms. Ruchi Kohli, AAG
Mr. B.K. Satija, AAG
Mr. Arun Bhardwaj, Sr. Adv.
Ms. Srishti Mishra, Adv.
Dr. Monika Gusain, AOR
Mr. Neeraj Kishan Kaul, Sr. Adv.
Mr. Dhruv Sharma, Adv.
Mr. Bhavya Sethi, Adv.
Mr. Tejaswi Kumar Pradhan, AOR
Mr. Tejaswi Kumar Pradhan, Adv.
Ms. Ranjeeta Rohatgi, AOR
Mr. Jayant Bhushan, Sr. Adv.
Mr. Ankit Swarup, AOR
Mr. Arunesh Grover, Adv.
Mr. Syed M. Ahmed, Adv.
Mr. Vijay Raj Singh Chouhan, Adv.
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Mr. Sanjay Parikh, Sr. Adv.
Ms. Srishti Agnihotri, AOR
Ms. Tripti Poddar, Adv.
Mr. Satwik Parikh, Adv.
Ms. Sanjana Grace Thomas, Adv.
Mr. Mohit Paul, AOR
Ms. Amiy Shukla, AOR
Mr. Satya Mitra, AOR
Mr. Vishwa Pal Singh, AOR
Mr. Vedant Singh, AOR
Mr. Vinay Kumar Dubey, Adv.
Mr. Vivek Dubey, Adv.
Ms. Prajakta, Adv.
Mr. Vishisht Singh, Adv.
Mr. Prateek Tiwari, Adv.
Mr. Kedar Nath Tripathy, AOR
Mr. B. K. Satija, AOR
Mr. Tushar Mehta, SG
Mr. Anil Grover, Sr. AAG
Mr. B.K. Satija, AAG
Mr. Rahul Khurana, Adv.
Mr. Satish Kumar, Adv.
Mr. Sanjay Kumar Visen, AOR
Mr. Amit Sahni Adv.
Mr. Sibo Sankar Mishra, AOR
Mr. Aishwarya Bhati, ASG
Mr. Vanshdeep Dalmia, Adv.
Mr. Sumit Teterwal, Adv.
Mr. Sarad Kumar Singhania, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Suchakshu Jain, Adv.
Mr. Chinmayee Chandra, Adv.
Ms. Manjeet Kirpal, AOR
Mr. Mathews J. Nedumpara, Adv.
Ms. Manju Jetley, AOR
Mr. Arijit Prasad, Sr. Adv.
Mr. Vikas Verma, Adv.
Ms. Sapna Verma, Adv.
Mr. Shafik Ahmed, Adv.
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Mr. V. Elanchezhiyan, AOR
Mr. Rajat Joseph, AOR
Mr. Smarhar Singh, AOR
Ms. Shweta Kumari, Adv.
Mr. Digvijay Chaprana, Adv.
Mr. Binay Kumar Das, AOR
Mr. Colin Gonslaves, Sr. Adv.
Ms. Anupradha Singh, Adv.
Mr. Haider Ali, Adv.
Mr. Satya Mitra, AOR
Mr. Jayant Kr. Sud, Sr. ASG
Ms. Vimla Sinha, Adv.
Mr. Kamlendra Mishra, Adv.
Mr. Vikas Bansal, Adv.
Mr. Amrish Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties. Mr. Tushar Mehta, learned Solicitor General, appearing for the State of Haryana submits that the process of identification of forest and non-forest areas is already in progress and may take some more time considering the expanse of the area. He has prayed for four weeks' further time.
For the time being, we only grant two weeks' time to the Forest Department to do the needful.
We say so because the forest area is already known area and notified as such long back. It should not take time to identify such area.
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Mr. Arun Bhardwaj, learned senior counsel appearing for the Municipal Corporation Faridabad invited our attention to the affidavit filed on behalf of the Municipal Corporation Faridabad disclosing the details about the nature of temporary arrangement made in respect of persons affected due to demolition of unauthorized structures standing on the forest land.
The persons who are eligible for rehabilitation under the scheme, as applicable, are being provided temporary accommodation. They are also provided food, water and other basic amenities.
Mr. Colin Gonsalves and Mr. Sanjay Parikh, learned senior counsel invited our attention to two reports submitted by them on the earlier occasion to contend that there are no basic facilities in place.
This factual position is, however, disputed by the Municipal Corporation Faridabad and it has been so stated on affidavit filed by the authorized officer of the Corporation. Instead of going into these debatable and disputed questions, we first call upon the learned counsel for the Municipal Corporation Faridabad to indicate the time-line required for rehabilitating the eligible persons after due scrutiny, if found to be 8 eligible for such rehabilitation as per the extant scheme.
Learned counsel sought adjournment to take instructions and present a comprehensive plan regarding the time-line in that regard.
We have made certain suggestions which can be examined by the competent authority and appropriate response can be given to the Court on the next date by the Corporation.
Mr. Mathews J. Nedumpara, learned counsel appearing for the intervenor in I.A. Nos. 71785 and 75071 of 2021 would submit that the directions issued by this Court in the past are flawed and nullity in law. We place this submission on record, only to be rejected.
Mr. Mathews J. Nedumpara, learned counsel has perhaps made this submission unmindful of previous order(s) passed by this Court which refer to the orders already passed from time to time by the High Court and this Court.
The order passed is to call upon the Municipal Corporation Faridabad to initiate action in respect of unauthorized structures standing on forest land in accordance with law.
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The grievance of Mr. Mathews J. Nedumpara, learned counsel is that such action is being taken without following due process. Even this submission does not commend to us. For, the record indicates to the contrary.
In the previous orders, this aspect has been taken note of, namely, that the Municipal Corporation Faridabad had issued notice and made public announcement from time to time before initiating the action and giving time to the occupants of the concerned structures.
Accordingly, we find no merits in the grievance made by Mr. Mathews J. Nedumpara, learned counsel. At the same time, we doubt as to whether the applicants represented by Mr. Mathews J. Nedumpara are eligible for rehabilitation under the rehabilitation scheme — as no averment is found in the application, at least, brought to our notice that they were occupying the structure before 2003 and has been demolished by the Municipal Corporation Faridabad.
For the time being, we are not deciding that issue finally. All aspects can be gone into at the appropriate stage.
Mr. Arijit Prasad, learned senior counsel appearing 10 for the intervenors in I.A. No. 110209 and 110223 of 2021 submits that the land on which structures belonging to the applicants are standing is not a forest land. In the past, similar grievance has been taken note of and the Court had directed the concerned Authority including the Municipal Corporation Faridabad to examine that claim and proceed in the matter in accordance with law. The concerned authorities may do the needful as may be necessary as per law. We further direct the State to also decide the representations made by some of the applicants/petitioners to the State Government expeditiously, preferably within two weeks from today.
We defer the hearing of these matters till
14.09.2021, to be taken at 3:30 p.m.
(DEEPAK SINGH) (VIDYA NEGI)
COURT MASTER (SH) COURT MASTER (NSH)