Railways Cannot Evict Unauthorised Encroachers Through General Notice, Without Due Process Of Law: Uttarakhand High Court
The Uttarakhand High Court has held that even a person in unlawful possession of railway land cannot be evicted through a general administrative notice without following due process of law. The Court observed that forcible dispossession from property without legal sanction violates constitutional and human rights, and eviction can only be effected by following the procedure established...
The Uttarakhand High Court has held that even a person in unlawful possession of railway land cannot be evicted through a general administrative notice without following due process of law. The Court observed that forcible dispossession from property without legal sanction violates constitutional and human rights, and eviction can only be effected by following the procedure established by law.
Justice Manoj Kumar Tiwari was hearing a petition challenging a notice issued by the Senior Section Engineer (Works), Northern Railways, Dehradun. The petitioners claimed ownership over property situated at Jharipani, Mussoorie. The impugned notice directed persons allegedly in possession of railway land to vacate the land. The petitioners contended that the notice had been affixed on their dwelling houses and posed an imminent threat of forcible dispossession.
The Court noted that dispossession of a person from immovable property without legal sanction is a violation of both Constitutional and Human Rights.
The Court reiterated that settled possession, even of a person in unlawful possession, cannot be disturbed forcibly by the true owner taking the law into his own hands. The Court observed that ejectment from settled possession can only be had by recourse to a court of law and that due process is satisfied only when the rights of the parties are adjudicated by a competent court.
“Forcible dispossession of a person from immovable property without legal sanction is a violation of both Constitutional and Human Rights. The law mandates that even a trespasser or a tenant in settled possession cannot be evicted forcibly; the land owner must obtain orders from the Competent Court and follow established legal procedure,” the Court observed.
The Court found that the impugned notice was not referable to any statute and reiterated that even a person in unlawful possession cannot be removed from a property without following due process of law. It held that the administrative notice directing the petitioners to vacate the land within thirty days could not be sustained in the eyes of the law.
Accordingly, the Court quashed the notice dated 05.10.2023 insofar as it related to the petitioners, while clarifying that the Railways would remain free to take appropriate steps in accordance with law against persons found to be in unlawful possession.
Case No.: Ajay Kumar v. The Northern Railways [WPMS/2992/2023]