The order was pronounced on September 10, and now has been listed for hearing after six weeks. (Representational Image)Taking up a plea filed by 38 slum dwellers of a Gurgaon colony seeking compensation and rehabilitation after a demolition drive, the Punjab and Haryana High Court has asked the petitioners to make a representation before the Municipal Corporation of Gurgaon, adding that the MC will decide the representation in accordance with orders passed by National Green Tribunal (NGT).
The petitioners told the court that they had been living in the area from past 20-25 years, and their existence at the slum dwelling had been recognised by the state government and its agencies by providing them with electricity, gas connections and enrolling them on voters list and also provided them with Aadhaar cards.
They said that the Municipal Corporation had on July 20 made an oral announcement of the demolition drive, asking the petitioners to make alternate arrangements for themselves. The demolition drive was conducted on July 23 without any notice or intimation, and further from August 12 to August 21, MC officials kept visiting the slum to demolish even the temporary set-up.
The HC bench after hearing the matter, said that an earlier petition espousing the cause of certain persons who were dispossessed from the forest land in Shyam Jha Slum Colony, Gurgaon, pursuant to the order passed by the NGT, was dismissed on August 18, stating that “…the encroachments have been removed pursuant to the orders issued by the National Green Tribunal which had prohibited all non-activities in the forest land and directed removal of the encroachments. Apparently, the action taken by the respondent-authorities appears to be in public interest and in accordance with law… in case any of the persons or individual are aggrieved by the action of the respondents, they would be at liberty to avail the remedy available to them in accordance with law..”
So, the division bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu held, “…the petitioners are permitted to make a representation to respondent No.2 (Gurgaon Municipal Corporation) for redressal of their grievances within a period of seven days from today. The representation, so made, shall be decided by the competent authority within a period of three weeks after its receipt strictly in accordance with law and also in conformity with the orders passed by the learned National Green Tribunal…”
“The order passed by the National Green Tribunal is in larger public interest and strictly in accordance with law. The statutory authority shall also ensure that there is no transgression of the order passed by the National Green Tribunal, while deciding the representation,” ruled the HC bench in the order.
The order was pronounced on September 10, and now has been listed for hearing after six weeks.
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