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New Delhi: The Supreme Court on Monday pulled up the Railways for not taking action against those encroaching on railway land in Gujarat where a railway line is to be constructed. The top court said it is the “statutory obligation” of the Railways to initiate action against the encroachers. The top court said the “public project” has to be taken forward and the authorities should have acted on it.
A bench of Justices AM Khanwilkar and CT Ravikumar said, “The project has to be taken forward. This is a public project. You are making fun of your plans and budget system. Remove those who are encroaching. There is a law to remove. You are not using that law.” The bench told Additional Solicitor General (ASG) K M Natraj, appearing for the Railways, “It is your property and you are not protecting your property. You have a statutory obligation to initiate action against the encroachers.
The top court was hearing two separate petitions, which have raised issues related to removal of encroachments from railway lands in Gujarat and Haryana. In the case of Gujarat, the petitioners had earlier told the apex court that the Gujarat High Court had withdrawn its interim order of status quo and allowed Western Railway to proceed with the third rail line project from Surat-Udhna to Jalgaon. Was. Following the High Court order, the petitioners moved the apex court which had granted status quo on the demolition of these ‘jhuggis’ in Gujarat.
The second petition pertains to the demolition of ‘jhuggis’ near the railway line in Haryana’s Faridabad. In the Faridabad case, the apex court had earlier granted status quo on demolition of structures of those who had moved the court seeking a stay on the removal. During the hearing on Monday, the ASG told the bench that the Railways had no plans to rehabilitate those encroaching upon its land. He referred to the ‘Pradhan Mantri Awas Yojana’ which is subject to eligibility. The ASG said that the state will have to consider the aspect of rehabilitation.
The bench said that the corporation, state and railways should sit together and prepare a plan and then inform the court about it. The ASG said, “From the railway point of view, all these people are unauthorized dwellers and this is an offense.” The bench said, “Have you acted on it? Have you discharged your statutory obligation to remove them? Have you implemented the Public Premises Act?” Natraj said there was some “lapse” on the part of the Railways that they did not take any action on it earlier and now the issue is of rehabilitation.
The bench said, “You cannot put your hand on your hand and say that this is not my problem. It is your property and you have to protect your property because like a private person you have to protect your property.” The bench said, “You have to remove the encroachment. This is a project which has to be implemented immediately.” The bench asked whether the Railways has identified those who are eligible or may be eligible under the Pradhan Mantri Awas Yojana.
Natraj said that the state government will have to identify them and give them land. The bench fixed the matter for next hearing on Tuesday and said the authorities will have to find some solution to the issue. The Gujarat case pertains to the demolition of about five thousand shanties for a rail line project. Bhasha Amit Uma Uma
