Supreme Court Directs Faridabad Authorities To Help Railways Evict Encroachers; Refuses To Extend Deadline For Evicted Slum Dwellers To Apply Under PMAY

While considering the special leave petitions assailing Gujarat and Punjab and Haryana High Courts' eviction orders, the bench in their order said,

"Appearing for the petitioner, Counsel requested to extend the timeline for filing of application for allotment under PMAY. Timelines is upto 31st March 2022. We see no reason as to why interested people are in no position to do the needful before that date. The request is rejected. This court has already shown indulgence by condoning the pre deposit requirement. Nothing more can be done at this stage."

During the course of hearing, Additional Solicitor General KM Nataraj submitted before the Top Court that the Railways had filed a status report regarding follow up steps taken by the department with regards to eviction of slum dwellers for reclaiming the Railway Property.

ASG also drew Court's attention to encroachment of Railway Property by 600 people in Faridabad. He further submitted that although the Railways had passed encroachment orders under The Public Premises (Eviction of Unauthorized Occupants) Act, 1958 but there was delay in execution on behalf of non cooperation by local authorities including Municipal Corporation, District Administrator and State Police.

"We have filed a status report with regards to the removal of encroachment and the cases in which we have taken steps. I have 1 more issue, in Faridabad there is encroachment of 600 people. We have passed encroachment orders but we need help from the local administration. In Sant Nagar and another area- there is encroachment of 600 people," ASG Nataraj submitted.

Thus to ensure removal of the unauthorized structures earliest, the bench directed District Collector and Commissioner, Municipal Corporation Faridabad to ensure extending full cooperation to Railway Officials.

"ASG submits that formal orders under The Public Premises (Eviction of Unauthorised Occupants) Act, 1958 have been passed however execution is being delayed on behalf of non cooperation by local authorities including Municipal Corporation, District Administrator and State Police. We direct the District Collector and Commissioner, Municipal Corporation Faridabad to ensure that full cooperation is extended to officials of railways who want to remove the unauthorized structures at the earliest. List this matter on April 11, 2022. Copy of the order be passed to Commissioner, Municipal Corporation, Faridabad, District Collector and Superintendent of Police, Faridabad. Concerned authorities to file a status report in the concerned case," bench said in its order.

It may be noted that the Top Court on February 25, 2022 had observed that if a requirement of a scheme is an essential requirement, the question of condoning that requirement does not arise. Considering the problems faced by the desirous persons who were being denied opportunity to apply owing to insistence of authorities to comply with essential formalities which determine eligibility under PMAY, the bench had also asked the persons to interact with the officials and find out the solution if any.

The matter is now slated to be heard on April 11, 2022.

Case Title: Utran Se Besthan Railway Jhopadpatti Vikas Mandal V. Government Of India| D No. 19714/2021

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