Khori village matter Civic body liable to pay solatium until issuance of possession letter says SC
New Delhi Mar 31 PTI The Supreme Court Thursday said that municipal corporation of Faridabad is liable to pay solatium of Rs 2000 per month to those who are eligible to get EWS flats under a rehabilitation scheme for residents of Khori village where unauthorised structures coming under the Aravali forest area were demolished until issuance of possession letterThe apex court was informed by the counsel appearing for the civic body that 1027 applicants have been found eligible and they would be allotted flats on permanent basis by end of AprilA bench headed by Justice A M Khanwilkar was informed by the counsel appearing for some petitioners that flats given in the provisional allotment to the eligible applicants are not in habitable conditionSenior advocate Sanjay Parikh appearing for some of the petitioners said the payment of solatium which was for a period of six months must continue till the flats given are in a habitable conditionUntil permanent accommodation is offered to the eligible persons the corporation shall be liable to pay ex-gratia solatium amount of Rs 2000 per month until the date of issuance of possession letter by the corporation said the bench also comprising Justices A S Oka and C T RavikumarThe bench said the fact that the premises are in habitable condition be certified by the commissioner of the municipal corporation and possession letter can be issued only after it is certified that the premises allotted are in habitable condition and can be occupied immediatelyThe civic body had last year told the top court that they will be making a payment of rentsolatium of Rs 2000 per month to eligible applicants from November 1 2021 for six months or actual physical possession of flats whichever is earlierDuring the hearing on Thursday Parikh told the bench that nobody has occupied the flats which were allotted provisionally as they are in bad conditionThe corporations counsel said they had scrutinized around 5000 applications out of which 1027 applicants were are found eligible under the schemeHe said the corporation had made provisional allotment but nobody came to actually occupy the flatsThe corporations counsel said they had told the apex court last year that by April 30 2022 they would give them final possession of the flats The flats should be made habitable which you have not done so far the bench observed Those who are eligible and those who could not occupy the premises on the ground that flat is inhabitable they should be compensated it saidThe bench noted that it has been brought to its notice that the plot on which unauthorized structures were removed is being misused by the localsIt directed the Superintendent of Police Faridabad to provide necessary assistance to the corporation to ensure that no encroachment or misutilization of the area or plot in question takes place in futureThe bench said as the corporation is already working on a plan for development of the entire area the secretary of the forest department may issue appropriate instructions to facilitate plantation of trees thereIt has posted the matter for further hearing on April 26Meanwhile the bench reserved its judgement on the separate pleas which raises issues regarding forest and non-forest land in Haryana The apex court is seized of the pleas which raised the issue regarding forest and non-forest land in reference to interplay between provisions of the PLPA 1900 the Forest Conservation Act 1980 and the land which forms part of development plan under the Faridabad Complex Regulation and Development Act 1971In a status report filed earlier in the top court the municipal corporation of Faridabad had given details including that of the modified timeline for the process of allotment under the rehabilitation scheme to eligible applicants of Khori jhuggisOn June 7 last year the top court had directed Haryana and Faridabad municipal corporation to remove all encroachments consisting of around 10000 residential constructions in the Aravali forest area near the village saying land grabbers cannot take refuge of rule of law and talk of fairness PTI ABA SA
New Delhi Mar 31 PTI The Supreme Court Thursday said that municipal corporation of Faridabad is liable to pay solatium of Rs 2000 per month to those who are eligible to get EWS flats under a rehabilitation scheme for residents of Khori village where unauthorised structures coming under the Aravali forest area were demolished until issuance of possession letterThe apex court was informed by the counsel appearing for the civic body that 1027 applicants have been found eligible and they would be allotted flats on permanent basis by end of AprilA bench headed by Justice A M Khanwilkar was informed by the counsel appearing for some petitioners that flats given in the provisional allotment to the eligible applicants are not in habitable conditionSenior advocate Sanjay Parikh appearing for some of the petitioners said the payment of solatium which was for a period of six months must continue till the flats given are in a habitable conditionUntil permanent accommodation is offered to the eligible persons the corporation shall be liable to pay ex-gratia solatium amount of Rs 2000 per month until the date of issuance of possession letter by the corporation said the bench also comprising Justices A S Oka and C T RavikumarThe bench said the fact that the premises are in habitable condition be certified by the commissioner of the municipal corporation and possession letter can be issued only after it is certified that the premises allotted are in habitable condition and can be occupied immediatelyThe civic body had last year told the top court that they will be making a payment of rentsolatium of Rs 2000 per month to eligible applicants from November 1 2021 for six months or actual physical possession of flats whichever is earlierDuring the hearing on Thursday Parikh told the bench that nobody has occupied the flats which were allotted provisionally as they are in bad conditionThe corporations counsel said they had scrutinized around 5000 applications out of which 1027 applicants were are found eligible under the schemeHe said the corporation had made provisional allotment but nobody came to actually occupy the flatsThe corporations counsel said they had told the apex court last year that by April 30 2022 they would give them final possession of the flats The flats should be made habitable which you have not done so far the bench observed Those who are eligible and those who could not occupy the premises on the ground that flat is inhabitable they should be compensated it saidThe bench noted that it has been brought to its notice that the plot on which unauthorized structures were removed is being misused by the localsIt directed the Superintendent of Police Faridabad to provide necessary assistance to the corporation to ensure that no encroachment or misutilization of the area or plot in question takes place in futureThe bench said as the corporation is already working on a plan for development of the entire area the secretary of the forest department may issue appropriate instructions to facilitate plantation of trees thereIt has posted the matter for further hearing on April 26Meanwhile the bench reserved its judgement on the separate pleas which raises issues regarding forest and non-forest land in Haryana The apex court is seized of the pleas which raised the issue regarding forest and non-forest land in reference to interplay between provisions of the PLPA 1900 the Forest Conservation Act 1980 and the land which forms part of development plan under the Faridabad Complex Regulation and Development Act 1971In a status report filed earlier in the top court the municipal corporation of Faridabad had given details including that of the modified timeline for the process of allotment under the rehabilitation scheme to eligible applicants of Khori jhuggisOn June 7 last year the top court had directed Haryana and Faridabad municipal corporation to remove all encroachments consisting of around 10000 residential constructions in the Aravali forest area near the village saying land grabbers cannot take refuge of rule of law and talk of fairness PTI ABA SA
