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The Supreme Court ordered the State of Haryana to demolish any construction made in Kant Enclave after 18th August 1992. The bench comprising of Justice Madan B Lokur and Justice Deepak Gupta observed that Kant Enclave is a forest or is required to be treated as a forest or forest land and absolutely no construction activity could have been permitted with effect from 18th August 1992.
The bench was considering an application filed in M.C. Mehta vs. Union of India regarding Kant Enclave and the issue was whether construction carried out on the land was in contravention of the notification dated 18th august, 1992 issued under the provisions of the Punjab Land Preservation (PLP) Act, 1900.As a relief to those who were conveyed land, but did not make any constructions, the bench ordered R. Kant & Co. to fully refund their investment along with interest at 18% per annum payable from the date of the investment.
The bench also asked R. Kant & Co. to give 5 crores to rehabilitation of damaged areas. “The damage caused to the Aravalli hills, as already noted, is irreversible. However, perhaps some of the damage could be remedied; at least we hope so.The court also directed Chief Secretary of the State of Haryana to ensure compliance with these orders on or before 31st December, 2018.
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