Wednesday, December 12, 2018
facebook

google plus
Haryana

Posted at: Dec 7, 2018, 12:51 AM; last updated: Dec 7, 2018, 12:55 AM (IST)KANT ENCLAVE

SC allows state to deposit Rs 16.5 cr

Apex court had asked govt to pay Rs 50 lakh to each owner

Satya Prakash
Tribune News Service
New Delhi, December 6

The Supreme Court on Thursday permitted the Haryana Government to deposit Rs 16.5 crore in its Registry by December 10 for disbursing Rs 50 lakh each to 33 owners of illegal constructions in Kant Enclave of Faridabad in the Aravalli Hills ordered to be demolished for violation of environmental norms.

A Bench headed by Justice Madan B Lokur gave the permission after the Haryana Government’s counsel mentioned before it and complained that in the absence of names of house owners and their bank details, it was not possible to disburse the compensation money to the affected house owners.

In an application filed before the top court, the Haryana Government said that officers of the Town and Country Planning Department visited Kant Enclave and met some of the residents, but they were reluctant to share their bank details.

While the compensation is being given to 33 house owners, the state’s application said the 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 Supreme Court had on November 28 asked the Haryana Government to disburse Rs 50 lakh to each person whose construction in Kant Enclave was ordered to be demolished by it for violation of environmental norms and court orders.

A Bench headed by Justice Madan B Lokur — which had on September 11 ordered the Haryana Government to demolish illegal construction that came up in Kant Enclave after August, 18, 1992, and ordered compensation for adversely affected persons — said the amount should be disbursed by December 10.

Haryana’s Additional Advocate General Anil Grover had pointed out that the court had originally ordered that the burden of Rs 50 lakh compensation amount had to be equally shared by the state government and the builder and that the state can’t be asked to pay the entire amount.

Haryana Chief Secretary DS Dhesi — who was summoned by the court — had appeared before the Bench. According to the Haryana Government, there were 1,617 plots in Kant Enclave and constructions were there only on 33 plots.

Directing the Haryana Government to disburse the amount by December 10, the Bench said it would determine the amount to be paid by the builder on December 11, the next date of hearing.

Those adversely affected by the demolition order sought time till April 2019 to vacate the land. Their counsel told the Bench that Rs 50 lakh was insufficient as they couldn’t even buy two bedroom flats with Rs 50 lakh.

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

The SC had ordered the builder to deposit Rs 5 crore in the Aravalli Rehabilitation Fund within a month.

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

The order 

A Bench, headed by Justice Madan B Lokur, had on September 11 ordered the Haryana Government to demolish illegal construction that came up in Kant Enclave after August, 18, 1992 and had asked the state government to compensate those affected adversely. The Bench said on Thursday that the compensation amount should be disbursed by December 10.

COMMENTS

All readers are invited to post comments responsibly. Any messages with foul language or inciting hatred will be deleted. Comments with all capital letters will also be deleted. Readers are encouraged to flag the comments they feel are inappropriate.
The views expressed in the Comments section are of the individuals writing the post. The Tribune does not endorse or support the views in these posts in any manner.
Share On