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Apex court extends deadline to vacate houses till July 31

NEW DELHI: The Supreme Court on Monday extended till July 31 the deadline to vacate illegal houses and constructions in Kant Enclave, Faridabad, in the Aravalli hills — ordered to be demolished for violation of environmental norms — if their owners submitted undertakings to this effect.

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Tribune News Service

New Delhi, January 14

The Supreme Court on Monday extended till July 31 the deadline to vacate illegal houses and constructions in Kant Enclave, Faridabad, in the Aravalli hills — ordered to be demolished for violation of environmental norms — if their owners submitted undertakings to this effect.

Earlier, the top court had given them time till March 31 to vacate the premises. A Bench headed by Justice Arun Mishra gave relief to the owners after their counsel sought more time to vacate as they needed to look for alternative accommodation.

he court asked them to file individual undertakings in four weeks. If the undertaking was not filed, March 31 would be considered as the deadline, the Bench said.

The Supreme Court on December 11 last year given time till March 31 to owners of 33 illegal houses in Kant Enclave, ordered to be demolished for violation of environmental norms, subject to filing of undertakings.

Those adversely affected by the demolition order had sought time till April 2019 to vacate the land. Their counsel had earlier submitted that Rs 50 lakh was insufficient as they could not buy two-bedroom flats with Rs 50 lakh. They said they were all retired people who did not have money to pay rent.

While compensation was being given to 33 house owners, the state pointed out that its officers found that there were 19 houses with three storeys, eight houses with two storeys and 15 single-storey houses, taking the total to 42 houses. In some of the houses, property dealers were operating, it had added.

The Bench had asked the Haryana Chief Secretary and Principal Secretary, Town and Country Planning, to examine the documents of 33 house owners whose illegal constructions were originally directed to be demolished by the year-end.

The state had already deposited Rs 16.5 crore in the top court’s Registry as ordered by the court on November 28 last year towards payment of Rs 50 lakh each to 33 house owners. The court had allowed the Haryana Government to recover half the money deposited in the court’s Registry from the builders.

The Supreme Court on November 28 last year asked the Haryana Government to disburse Rs 50 lakh to each person whose construction in Kant Enclave was ordered to be demolished for violation of environmental norms and court orders.

The Bench on September 11 last year ordered the Haryana Government to demolish illegal constructions that came up in Kant Enclave after August 18, 1992, and ordered compensation for adversely affected persons.

In its original order, the top court had directed the builder — R Kant & Co —to give full refund along with 18 per cent annual interest to hundreds of persons who had invested in land from the date of investment.

Applying “the polluter pays principle”, it had ordered the builder to deposit Rs 5 crore in the Aravalli Rehabilitation Fund within a month. “The rule of law seems to have broken down in Haryana,” it had said, terming the violations as quite frightening.

The Bench had given liberty to those not satisfied with compensation amount to claim damages from R Kant & Co and the Haryana Town and Country Planning Department by filing civil suits.

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