Residents of Kant Enclave Live in Their Home of Uncertainty
This will be one of the first authorised colony with sanctioned homes, which is now being destroyed.
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Residents of Kant Enclave are fighting to keep the roof over their head intact. On 11 September, the Supreme Court passed a judgement to demolish the houses built post 1992 in Kant Enclave, as it caused irreversible damage to the Aravalli Hills. The apex court took this step after the land notified under Punjab Land Preservation Act (PLPA) was declared protected forest land.
The Kant Enclave got its permission first in 1984, based on which they planned and an agreement that was signed between them and the Haryana Government later in 1991. This was done on basis of the Faridabad Complex Master Plan enacted in 1991 by Haryana Legislative Act and showed this area as part of Sector 40 of Faridabad city.
The entire construction and infrastructure development took place between between 1991 and 1996.
I built my house in 2003, after getting the registry done and getting my house plans sanctioned. In 2004, the Supreme Court banned mining in the area and all those who had received approval began building our houses. We never thought this would be of any to concern us.
Forest? What Forest?
However, a notification was issued under the Punjab Land Preservation (PLP) Act 1900, said that the land could be used only for cultivation and use of it for other purposes was prohibited.
But never had the Haryana government modified the Master Plan to show forest in this area. This notification by the Haryana Forest Department was neither put in the public domain, nor did they place any sign boards or billboards in the area informing about the land having a forest notification.
Not only that, but till date the Faridabad Master Plan has still not been modified to show this area as a forest area. In fact, the Master Plan has been renewed till 2031 and it still shows Sector 40 of Faridabad of which Kant Enclave is a part as an urbanised area.
The Supreme Court has negated all this in its order, declaring this area as a forest land and in the same order has also dismissed the case of the HUDA Sector 21C and declared that areas also as forest. In the HUDA Sector there are over 3,000 flats sold and occupied, which might also be demolished.
For now, demolition has been ordered latest by 31 December 2018, only for Kant Enclave.
The registry and approved plans were stopped only after 2004 when the Supreme Court passed the judgement over the mining activities.
Who’ll Compensate Us?
The Supreme Court recognised that the residents have been duped by the government of Haryana's Town & Country Planning Authority, it has fixed a nominal compensation for the houses of Rs 50 lakhs, of which, Rs 25 lakhs will be paid by Haryana government. The remaining Rs 25 lakhs will be paid by the promoter along with the money received for purchase of land with an 18 percent interest payment per annum since the purchase of the land.
Obviously, the promoter being in litigation since 2004, will soon declare bankruptcy. In the end, we’ll only be left with Rs 25 lakhs as compensation from Haryana government. Despite being given all clearances, the land gas two laws governing it – one calling it an urban area and another calling it a forest.
I think it is needless to say that with Rs 25 lakhs it is impossible to find a house not just in the National Capital Region. The Supreme Court has also said that we can sue both the bankrupted promoter and the Haryana government for further compensation in a civil case for the loss of homes and the investments made in them. Naturally, we all know that this will take 20 years and in the meanwhile, we have the Rs 25 lakhs to lead our lives with.
Many of the residents are elderly and middle-class people in their 70s, 80s and even in their 90s living on their pensions. Some had even taken loans to build their homes, which are about to be brought down. Once the homes are brought down the Rs 25 lakhs or, more will be foreclosed by the financial institutions as their collateral security would cease to exist. In effect, due to gross mis-governance by the Haryana government, the residents of Kant Enclave face the situation of being rendered homeless, roofless and in their old age, will be literally brought to the road!
Most people are ex-civil servants, professionals, retired military officers, small entrepreneurs and with limited means, no amassed wealth or financial reserves and in the sunset years of their life. For a society, culture and country that prides itself of taking care of their elders, this order is going to put them on the roadside. The residents are in need of very urgent help as the sword is already hanging on their necks.
The historical landmark being created with this demolition order is that Kant Enclave will be the country's first authorised colony with sanctioned homes, which is being declared unauthorised and destroyed.
While, it will be for the first time in the annals of history of this nation where a master plan, registry of land and sanction of a competent authority will be made null and void. After this, the citizens of this nation will never again feel secured that the homes that they have bought despite the same being sanctioned as per master plan, with a valid registry and sanctioned building plans is legal.
They will have to possibly go to the forest departments in every state to check if by chance there is a forest declared, to the water management department to check if it is a canal, a road department if this is to be a highway, etc. The faith that the fundamental right to property, human rights, right to safety and security in this nation is not assured.
What we are facing is a grave human rights crisis of potentially enormous magnitude and we are appealing to the Chief Minister of Haryana Manohar Lal Khattar to please step in to save our homes as we are in grave danger of grievous harm and are scared about where we will go with all our families and possessions!
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