Orders demolition of illegal constructions in Kant Enclave of Faridabad

New Delhi :
Indicting the Haryana Government and its officials for illegal constructions in Aravali Hills in violation of statutory provisions, environmental norms and its own orders, the Supreme Court on Tuesday said, “The rule of law seems to have broken down in Haryana…”

 
A Bench of Justice Madan B Lokur and Justice Deepak Gupta, which ordered demolition of illegal constructions in Kant Enclave of Faridabad, said it was painful to see such a mockery of the law and total lack of concern for the environment and ecology of Aravalli Hills.

“The extent of violation of the notification dated August 18, 1992, (under the Punjab Land Preservation Act, 1900) is quite frightening and one can only imagine the phenomenal environmental and ecological damage caused to the area by the applicants.

“This could not have happened without the knowledge of the State of Haryana and its officers who permitted blatant disregard of the rule of law despite affidavits of the Chief Secretary of the State of Haryana. The rule of law seems to have broken down in Haryana and become the rule of men only to favour the applicants,” the Bench said.

“There is no doubt that irreversible damage has been caused to the environment and ecology of Aravalli Hills. The damage was caused or allowed to be caused, despite a statutory notification issued under the provisions of the PLP Act.

“The brazenness of the applicants in flouting the law is quite apparent. But what is more unfortunate is the support given to the applicants by the Town and Country Planning Department, despite the reservations of the Forest Department. The Town and Country Planning Department in apparent collusion with R Kant & Co effectively led a very large number of people up the garden path. Fortunately, only of them have made some personal constructions — but it is not clear whether their constructions are pre or post August 18, 1992,” the court noted.

“R Kant & Co and the Town and Country Planning Department were aware that Kant Enclave is a forest or forest land or treated as a forest or forest land, and therefore any construction made on the land or utilisation of the land for non-forest purposes, without the prior approval of the Central Government, would be illegal and violative of the provisions of the Forest (Conservation) Act, 1980,” it said.

“Nevertheless, it is necessary to compensate them in view of the role played by the Town and Country Planning Department. To compensate them for the land, we direct that R Kant & Co to give them a full refund of their investment in the land along with an interest at 18 per cent per annum from the date of the investment,” the top court said, ordering the developer and the state government to compensate the investors.

Conveyance deed executed
284 residential plots 
3 commercial plots 
Refund to plot holders: Full amount + 18% interest

33 houses constructed 
1 film studio constructed |
Construction cost quantified at Rs 50 lakhs
(construction after 18th August 1992)

Rs 5 cr Aravalli rehabilitation fund 
To be paid by the builder by October 31
Compliance of remaining order by December 31