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Legal Review by
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Updated by
Published on
April 11, 2021
March 18, 2024
Edited on
April 11, 2021
In June 2021, the Supreme Court directed the Haryana government and the Municipal Corporation of Faridabad to remove “all encroachments” in Khori Gaon in the Aravalli forest area. Following the court order, in the second week of July, the authorities began demolishing over 10,000 homes under police protection despite the contention of at least one lakh people seeking rehabilitation from the state government.
On July 16, human rights experts of the United Nations called upon the Indian government to stop the forced evictions. But the demolitions continued. A media report quoted Yashpal Yadav, the deputy commissioner of Faridabad, as saying, “We have started full-scale demolition, and we are implementing the Supreme Court order in letter and spirit. All structures will be demolished as per the orders and not just those that have been vacated. The drive is being conducted peacefully, and we have not faced any challenge so far, except people not cooperating.”
Earlier in September 2020, about 1,700 houses in Khori Gaon were demolished as directed by the Supreme Court in a March 2020 order. During the demolition drive, the police had reportedly lathi-charged and arrested the residents who were protesting against the forced evictions. Since 2021, despite the raging COVID-19 pandemic, over months, the authorities discontinued drinking water and electricity supply to the village.
The main demand of the affected families has been for the state government to provide them rehabilitation. But the authorities have argued that all the encroachments were illegal.
Reportedly, the early residents of Khori village were migrant workers who had settled there between 1970 and 1990. The conflict began in 2010, when the Municipal Corporation of Faridabad attempted to carry out forced evictions in the village, claiming that the land is regulated by the Punjab Land Preservation Act. The residents of Khori Gaon then approached courts seeking a stay against forced evictions without rehabilitation, and a long legal battle followed.
In 2016, the High Court of Punjab and Haryana reportedly gave two detailed judgments on “rehabilitating the residents as per the policy of the Haryana Urban Development Authority dated February 10, 2010”.
In July 2021, the Faridabad district administration announced a Policy for Rehabilitation of Khori Jhuggi Dwellers. But activists and the affected people argue that the policy will only provide relief to some residents as thousands of families do not possess the necessary documents for claiming benefits under the policy.
Complaint against procedural violations
Demand for legal recognition of land rights
Demand for rehabilitation
Urban
Common
Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Central/State Government Policy, Forest and Scheduled Area Governance Laws, Case Laws, Other
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Lack of legal protection over land rights
Land record discrepancies
Forced evictions/dispossession of land
Non-rehabilitation of displaced people
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
National Green Tribunal
Name(s) of the Court(s)
Supreme Court, High Court of Punjab and Haryana
Case Number
SC - WP (C) 592 of 2021
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Displacement
Lathicharge/teargas/pellets
Other harassment
Whether criminal law was used against protestors:
Reported Details of the Violation:
During a demolition drive in September 2020, the police had reportedly lathi-charged and arrested residents who were protesting against the forced evictions. Since 2021, despite the raging COVID-19 pandemic, over months, the authorities discontinued drinking water and electricity connections to the village.
Date of Violation
Location of Violation
Khori Gaon
Nature of Protest
Advocacy (for inclusion in courts)
Campaigns (grassroots organisations/press releases/media)
Hunger strike
Involvement of national and international NGOs
Protests/marches
Public campaign
Government Departments Involved in the Conflict:
Faridabad District Authority, Forest Department of Haryana, Government of NCT of Delhi
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
N/A
Communities/Local Organisations in the Conflict:
Khori Gaon Colony Kalyan Samiti, Khori Gaon Residents Welfare Association, trade unions
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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