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Satya Prakash
Tribune News Service
New Delhi, December 11
The Supreme Court on Tuesday gave time till March 31 next year to 33 owners of illegal houses in Kant Enclave, Faridabad in the Aravali Hills ordered to be demolished for violation of environmental norms.
A Bench headed by Justice Madan B Lokur, however, made it clear that the extension of time was subject to the house owners filing undertakings in the Supreme Court’s Registry that they would vacate the premises by March 31, 2019.
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 couldn’t even buy two bedroom flats with Rs 50 lakh. They said they were all retired people who didn’t have money to pay even rent.
While compensation is being given to 33 house owners, the state pointed out that its officers found that there were 19 houses with ground+2 storey, 8 houses with ground+1 storey and 15 single-storey houses, taking the total to 42 houses. In some of the houses property dealers were operating, it added.
The Bench asked Haryana Chief Secretary and Principal Secretary, Town and Country Planning, to examine the documents of 33 house owners whose illegal constructions were directed to be demolished by the year-end.
The two officials would look into the papers and documents regarding plots of land and construction and prepare a joint report by January 10 to help sort out disbursement of money deposited by the Haryana government in the court.
Haryana Additional Advocate General Anil Grover told the Tribune that the state has already deposited Rs 16.5 crore in the top court’s Registry as ordered by the court on November 28 towards payment of Rs 50 lakh each to 33 house owners.
The Bench also allowed Haryana Government to recover half the money deposited with the court’s registry from the builders.
It will take up the matter on January 14, 2019.
The state's counsel said there were 19 plots having two-storey building there while houses with ground and first floor were there on eight plots. He said in several other plots, only boundary walls have been made.
The Supreme Court had on November 28 asked the Haryana Government to disburse Rs 50 lakh to each person whose construction in Kant Enclave, Faridabad, in the Aravalli Hills was ordered to be demolished by it for violation of environmental norms and court orders.
The Bench had on September 11 ordered the Haryana Government to demolish illegal construction that came up in Kant Enclave after 18th August, 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 invested in land from date of investment.
Applying “The polluter pays principle”, it had ordered the builder to deposit Rs five 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 Haryana Town & Country Planning Department by filing civil suits.
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