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HC relief for farmhouses constructed in Aravalis Asks Haryana Govt To Hear Them Before Demolition

June 10, 2020 06:38 AM


HC relief for farmhouses constructed in Aravalis
Asks Haryana Govt To Hear Them Before Demolition


Giving some respite to around 450 entities/ persons who allegedly carried out illegal construction activities in eco-sensitive Aravalis in Sohna area of Gurgaon district, the Haryana government has submitted before the Punjab and Haryana high court that construction activities would not be demolished without hearing them.

The HC has also asked the state government to issue notices within three days to persons who allegedly carried out illegal construction and give them seven days thereafter to reply. Till the issue is decided, no demolition is to be carried, it said.

Most constructions are of farmhouses and owners had changed the nature of their land from gair mumkin pahad to farm houses in contravention of NGT orders passed in 2018.

The municipal council of Sohna had recently served them demolition notices.

Division bench comprising Justice Rakesh Kumar Jain and Justice Ashok Kumar Verma passed these orders while hearing a petition filed by Sanjay Mittal and others. They had challenged notices issued by state authorities in compliance of the order dated October 23, 2018, passed by NGT to demolish the constructions, especially farmhouses.

Their plea was that they were not afforded an opportunity of hearing by the authorities before issuing them notices regarding demolition.

Hearing their plea, the HC found that around 450 persons had carried out such construction activities, but all of them had not approached it.

“Since, those similarly situated persons are not before this court to whom notices have to be given but in order to avoid a flood of litigation in this court at the instance of those persons, we further observe that three days’ notice be given to other similarly situated persons, their cases shall also be decided by affording an opportunity of hearing, within a period 7 days. In this regard, counsel for the state has submitted that construction raised by petitioners and similarly situated persons will not be demolished till the decision is taken as stated herein above,” observed the HC in its orders released on Tuesday.

The bench, however, made it clear that neither petitioners nor persons similarly situated should try to delay proceedings which were now going to be initiated by the municipal council of Sohna for a decision on showcause notices.


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