Khori villagers in Faridabad move SC for rehabilitation for all – ET RealEstate

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NEW DELHI: Facing demolition of their unauthorised homes built over Aravali forest in Faridabad, the residents of Khori Village have approached Supreme Court seeking its direction for rehabilitation of all of them and challenged the Haryana government policy as per which only those who had been occupying the land prior to 2003 would be rehabilitated.

Invoking their right to adequate shelter, Priwasee Sangthan Welfare Society moved SC through advocate Mohit Paul and contended that the denial of a proper rehabilitation of the inhabitants of Khori Gaon will render them homeless in this pandemic and sought court’s interference.

“Right to housing has been regarded as a fundamental right under Article 21 of the Constitution of India. Even the Pradhan Mantri Awas Yojna-Urban does not provide any cut-off date for rehabilitation. The said rehabilitation scheme is open. The purpose of state policies should be to implement the right to housing and not to limit it to the extent that it is rendered meaningless. If the state of Haryana does not re-open the rehabilitation scheme then thousands of residents of Khori Gaon will be rendered homeless and will not be entitled to any benefits under the scheme,” the petition said.

The Haryana government’s rehabilitation policy, framed pursuant to the SC order of February 19, 2020, provided for rehabilitation of those who had been living in the unauthorised village before 2003. The present lot facing the demolition of houses in Khori village settled there after 2010.

Pleading for court’s sympathetic intervention, the petitioner said that the majority of the residents of Khori Gaon colony are employed in the unorganised sector, did not receive formal education, and thus lack the awareness and resources required to maintain proper documentation, especially dating back prior to 2004.

“It’s to be submitted that access to adequate housing can be a precondition for the enjoyment of several human rights, including the rights to work, health, social security, vote, privacy, or education. The possibility of earning a living can be seriously impaired when a person has been relocated following a forced eviction to a place removed from employment opportunities. Without proof of residency, homeless persons may not be able to enjoy social services or receive health care,” the petition said.

“It is the responsibility of the courts to reduce inequalities and social imbalances by striking down statutes that perpetuate them. The right to live and the right to work are integrated and inter-dependent and, therefore, if a person is deprived of his job as a result of his eviction from a slum or a pavement, his very right to life is put in jeopardy. The denial of a proper rehabilitation is going to be deterrent to the interest of the inhabitants of Khori Gaon who will be rendered homeless in this pandemic,” the petition said.



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HUDA issues additional guidelines for registration of floors as residential units – ET RealEstate

CHANDIGARH: Haryana financial commissioner Sanjeev Kaushal has issued additional guidelines for registration of different floors as separate dwelling units in case of residential plots developed by the Haryana Urban Development Authority (HUDA) so that leakage can be avoided in stamp and registration duties.

In this regard, Kaushal has issued a letter to all the deputy commissioners, tehsildar-cum-deputy registrars and all naib tehsildar-cum-deputy/joint-registrars in the state.

He stated that in case of residential plots developed by HUDA, different floors have been allowed as separate dwelling units but it has been observed that the various instructions issued in this case are not being followed strictly. Therefore, additional guidelines have been issued.

Permission to move and register the entire floor horizontally

There shall be no vertical transfer of any floor. For example, a single floor cannot be registered by the registering officers in the name of two or more separate persons by dividing the same.

Hence, only horizontal complete floor is allowed to be transferred and registered under the Registration Act, 1908 (Central Act 16 of 1908).

There shall be no fragmentation of the plot vertically and all independent floor owners shall jointly own the full plot of land having independent floors. The apportionment of land cost for the purpose of stamp duty and registration fees shall be in equal proportion amongst all independent floors.

It is further clarified that the same shall be 50% each for two floors, 33.33% each for three floors and 25% each for four floors, as per the collector rates fixed from time to time in the respective districts.

Prior permission of HUDA mandatory

Prior permission of HUDA shall be mandatory before registration of a specific floor of a plot whether vacant or built up.

If a constructed floor is transferred, apportioned cost of plot as well as cost of construction of that floor as per the collector rate shall be combined for the purpose of levy of stamp duty and registration fees.

For the registration of such independent floors, in addition to the normal Stamp duty, 1 percent extra Stamp Duty will be paid by the applicant desirous of registering the floor wise dwelling units.

He said that the concerned officers have been directed to enforce the above instructions in letter and spirit. Any violation of the same will be viewed seriously.



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Haryana prepares rehabilitation scheme for Khori slum dwellers in Faridabad – ET RealEstate

CHANDIGARH: The Haryana government has prepared a rehabilitation scheme for Khori slum dwellers of Faridabad under which they will get the EWS flats equipped with electricity, water and toilet facilities in nearby Dabua Colony and Bapu Nagar area, officials said Tuesday.

Around 50,000 migrants settled in the Khori area of the Aravali forest in Faridabad district face the prospect of becoming homeless as the Supreme Court has ordered the land to be cleared of encroachments.

Commissioner of Faridabad Municipal Corporation Garima Mittal said a rehabilitation plan has been prepared for the people of the area who face eviction.

A camp will be organised for those who want to join the rehabilitation scheme, she said, according to an official statement issued here.

However, as per conditions laid down for the scheme, people who feature in the electoral list of the National Capital Region of Delhi will not be included.

Mittal said three documents have been included in the criteria set for the residents of Lakkarpur Khori to be included in the rehabilitation scheme.

“In this, the income of the applicant’s family should not exceed Rs 3 lakh annually, and the name of the head of the family should be registered in the voter list of the Badkhal assembly constituency of Haryana as on January 1, 2021,” she said.

“People included in the voter list of the National Capital Region of Delhi will not be included in the scheme. In the second document, the head of the family should have a ‘Parivar Pehchan Patra’ (family id) issued by the state of Haryana till January 1, 2021.

“As a third document, any member of the family, male or female, should have an electricity connection issued by the Dakshin Haryana Bijli Vitran Nigam,” Mittal added.

She informed that those who are found eligible for the scheme with any one of these three documents will be provided Economically Weaker Section (EWS) category flats with all facilities, including electricity, water and toilet, in a 30-square metre multi-storey building in Dabua and Bapu Nagar area.

Till the time the houses are ready to move in, Rs 2,000 per month would be made available to the person concerned for renting any other place for six months.

Mittal said whoever fulfils the criteria laid down under the rehabilitation scheme will be given a flat worth Rs 3,77,500.

This money has to be paid in fixed monthly instalments. Within 15 days of allotment, Rs 17,000 would have to be deposited. After this, an amount of Rs 2,500 will have to be paid in monthly instalments for 15 years, she said.

Notably, there are around 10,000 residential structures in the Aravali forest area near the Khori village, which the apex court has ordered to remove.

Earlier, Chief Minister Manohar Lal Khattar had told reporters in Chandigarh that a survey was conducted and 3,400 people were found to be Haryana voters.



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Gurugram development body to use GIS to keep track of infrastructure, squatters – ET RealEstate

GURUGRAM: The Gurugram Metropolitan Development Authority (GMDA) will start using its geographic information system (GIS) to track the infrastructural developments in the city. The visual records procured through satellite images of the National Remote Sensing Centre will also be used to monitor encroachments and illegal constructions, officials have said.

According to a senior GMDA official working on the project, the need for the project arose from the rampant land encroachments in the city. The project was recently approved by the Haryana chief minister.

“Once we have the data from the system, we will prepare a matrix depicting the urbanisation patterns such as the spread of development, its pace and direction,” he told TOI. “This matrix will be shared with the government departments to understand the development and encroachments in the city so that they can formulate conducive policies for managing the resources allocation.”

Giving an example, the official said they can use the system to identify the water bodies which have gone missing in the recent past. “We can alert the authorities concerned about any building in this area that would be susceptible to flooding in case of heavy rainfall,” he said.

Meanwhile, the GMDA is also working on the procurement of drones for its multiple GIS projects. As a part of another GIS project, the development authority will be setting up weather stations across Gurgaon and Faridabad.

had earlier reported that the GMDA will be setting up a network of 200-250 weather stations across the city and Faridabad. The project, under which one station will be set up for every 9 square km, has been approved by the chief minister, officials said. “An extensive network of weather stations will be set up soon to keep accurate records of temperature, wind speed and rainfall through the day,” another official said.



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