Calcutta High Court Stays Eastern Railways' Eviction Drive Against 6,000 Slum Dwellers Living Near Railway Station
The Calcutta High Court has passed an interim order staying all proceedings pursuant to the impugned eviction notice issued in relation to the Brace Bridge railway station area until 20 May 2026 or until further orders. The writ petition was moved on behalf of nearly 6,000 slum dwellers residing in the locality adjacent to Brace Bridge Railway Station.
Justice Hiranmay Bhattacharya held: "Whether the procedure prescribed under the relevant statute for eviction of the petitioner from the premises in question has been followed or not, also has to be examined. Since an accommodation has been sought for by the learned advocate representing the respondent authorities, this Court is inclined to pass an interim order for a limited period. There shall be an order of stay of operation of the notice dated May 9, 2026 till May 20, 2026 or until further order whichever is earlier."
The petition challenged the purported eviction notice dated 09.05.2026 issued by the Eastern Railway, alleging that the authorities attempted to carry out a mass eviction drive without following the mandatory procedure established under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
The petition specifically contended that no notice under Section 4 of the Act had been issued, no hearing had been granted, and no order had been passed by a duly appointed Estate Officer as required by law.
The petition further highlighted that the impugned notice allegedly threatened eviction within 48 hours through use of the Railway Protection Force and other authorities, without rehabilitation, alternative accommodation, or adherence to constitutional safeguards protecting the right to shelter and livelihood under Article 21 of the Constitution of India.
The interim protection granted by the Court reaffirms that even where public authorities seek to remove alleged encroachments, they remain bound by constitutional guarantees, statutory safeguards, and principles of natural justice.
Mr. Bikash Ranjan Bhattacharya, Sr. Advocate, Mr. Samim Ahmed, Mr. Deeptangshu Kar, Mr. Purbayan Chakraborty, Ms. Reshma Khatun, Advocates for the petitioner
Case: Sahidul Laskar Vs. The General Manager, Eastern Railway & Ors
Case No: WPA 11040 of 2026