Supreme Court Allows Railways To Proceed With Eviction Of Slum Dwellers; Permits Dwellers To Apply Under Rehabilitation Schemes

Upholding judgments of the High Courts of Gujarat and Punjab & Haryana which refused to interfere with the eviction drive launched by the Indian Railways against slums, the Supreme Court on Thursday allowed the Railways to serve eviction notices on the slum dwellers for reclaiming the railway properties.A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar however held that a solatium of Rupees 2000 per month has to be paid per the demolished hut for a period of 6 months. The railways, the concerned local authority and the state government are jointly and severally liable to share the burden for paying this solatium amount.The Court further held that if the local government has any rehabilitation scheme, the affected persons can apply for being rehabilitated under the scheme if eligible. Subject to the verification of eligibility, the local government may provide them accommodation in lieu of rehabilitation. If there is no scheme formulated by the local authority and in force, the persons likely to be affected by the action of demolition can apply for allocation of residential premises under the Pradhan Mantri Away Yojana(PMAY) scheme. Such application has to be processed within 6 months of the date of the receipt and taken to the logical end application-wise within such period, the Court directed.The railways may immediately issue notices to occupants of the concerned unauthorized structures which are falling within the belt and give two weeks time to the occupants to vacate the premisesIn respect of structures that are not immediately required to be vacated, 6 weeks time can be given in the proposed notice for eviction and removal. In either case, if the occupant fails to vacate the structure, it will be open to the authorities to initiate appropriate legal action or forcible dispossession and removal of unauthorized structures by taking assistance of local police. The Superintendent of Police or Commissioner of Police of the concerned area shall ensure that adequate support is provided for the railway authorities for commencing the eviction process and demolition of unauthorized structures.Before commencing the process of removal, the collector of the concerned district must ensure that necessary details of the names and person occupying g the concerned structures including their identity are recorded.Railways equally liableThe Court rejected the argument of the railway that it is the responsibility of the local government and the state government to ensure that no encroachments take place. "Although the submission seems to be attractive at the first blush, it does not commend to us. There is a special enactment which enables the Railways to protect their property. Railway establishment also maintains a protection force for the railways. As a result, the nuanced distinction made by Railways does not commend to us. We hold the railways equally responsible for the situation and for that reason it should provide some support to the people who are to be removed", the bench observed. The bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar was considering a special leave petition filed by an NGO named "Utran Se Besthan Railway Jhopadpatti Vikas Mandal" challenging a judgment of the Gujarat High Court which denied relief to the slum dwellers.The Western Railways said that they want to execute the railway line project between Surat- Udhna- Jalgaon, but that project, conceived in 2012 is getting obstructed due to these standing structures on the railway property to the extent of 2.65 kilometres. The total length of the project is 10 km.The bench was also considering a special leave petition filed against an order of Punjab and Haryana High Court declining to interfere with the eviction notices served on slum dwellers in railway properties in Faridabad(Deepak Sharma and others versus Union of India). Initiate criminal action against encroachersThe bench directed that the Railways should initiate criminal action against unauthorized occupants immediately. Also action should be taken against erring officials who allow the encroachments to take place. "This primary responsibility of ensuring that there is no encroachment is that of the local govt. Local govt must start taking responsibility. This is a sad story going on for 75 years. Ultimately the taxpayers money will go down the drain", Justice Khanwilkar orally remarked during the hearing.Courtroom Exchange When the matter was called for hearing, Additional Solicitor General KM Nataraj appearing for the Railways reiterated the stand that the Railways did not have any rehabilitation policy for the eviction and it was for the State and the Municipal Corporation to take the responsibility of rehabilitation. On ASG's submission, Justice AM Khanwilkar, the presiding judge of the bench said that on the last date of hearing it had asked the Solicitor General to take a firm stand on the issue of encroachment in the railway...

Supreme Court Allows Railways To Proceed With Eviction Of Slum Dwellers; Permits Dwellers To Apply Under Rehabilitation Schemes

Shruti Kakkar

Tags