The Bombay High Court has expressed its dismay over the manner in which the Railways dispensed with the factor of rehabilitation after demolition of unauthorised structures, despite Supreme Court directions. The bench of Justices Neela Gokhale and GS Patel, on February 8, restrained the Railways from carrying out any further demolition before the next date and were displeased that the Railways did not see that the problem was of human displacement which sometimes is beyond one’s imagination. “It has to be addressed in a more considered fashion than by merely deploying bulldozers on the site,” the bench said.
At the Supreme Court as well a case against demolition played out today but by the time the case came up for hearing, the demolition of a night shelter had already taken place. Senior Advocate Prashant Bhushan first appeared before the bench led by CJI DY Chandrachud and mentioned that the demolition of the Sarai Kale Khan Night Shelter was about to take place. The bench allowed him to mention the matter before a bench of Justices Dipankar Dutta and Hrishikesh Roy. When he approached the bench a hearing had already commenced and by the time the hearing ended, the demolitions had already taken place. When the bench was informed, the bench said that since the urgency element had ceased, they will consider the question of rehabilitation at the next hearing, scheduled for February 22. The bench allowed Bhushan to file a fresh application before the next date.
Bombay High Court
The high Court in its order stressed upon the directions given by the Supreme
In Utran Se Besthan Railway Jhopadpatti Vikas Mandal Vs. GOI (SLP (c) Diary No 19714/2021), the Supreme Court in its order dated December 16, 2021 had given it strong opinion on Railways evading rehabilitation for illegal occupants of Railway land. The court had pointed out that the Railways could have used it resources to safeguard its property and yet it allowed such illegal occupation and thus held the Railways equally responsible for the situation; “and for which reason, it is also equally liable to provide some support to the persons likely to be affected by the removal of their structures.” The Railways had tried to brush off the pleas for rehabilitation as not its liability and said that “the primary responsibility to ensure that no encroachment takes place on any property is that of the local Government and also of the State Government, in equal measure.”
In a following order dated July 14, 2022 the court was informed that the Western Railway property and in relation to the Surat Municipal Corporation had been cleared. The court was also informed that the eligible claimants will be accommodated/ rehabilitated as per the Prime Minister Awas Yojna Scheme.
The Supreme Court had issued the following directions:
For land owned by Railways where there are illegal occupants, notice to vacate be given 6 weeks in advance and within 1 week (from the date of the order i.e. December 16, 2021)
Before commencing the process of eviction and removal of the structures, the Collector of the concerned District must ensure that necessary details about the names and number of persons occupying the concerned structure, including their identity and profile should be duly recorded,
In a following order dated July 14, 2022 the court was informed that the Western Railway property and in relation to the Surat Municipal Corporation had been cleared. The court was also informed that the eligible claimants will be accommodated/ rehabilitated as per the Prime Minister Awas Yojna Scheme.
The High Court then pointed out that a notice for demolition was issued, but no rehabilitation scheme was mentioned.
Western Railways as well as the local government and State government to be jointly and severally liable to pay a sum of Rs. 2,000/- per month per demolished structure for a period of six months from the date of demolition to each family
If the local government has a rehabilitation scheme, the affected persons may apply for being rehabilitated under the said scheme, if eligible and subject to verification of eligibility. The local Government may provide them suitable residential accommodation in lieu of rehabilitation owing to demolition of their structure.
In absence of rehabilitation scheme, persons likely to be affected by the demolition, can apply for allocation of residential premises under the Pradhan Mantri Awas Yojna Scheme, which application be processed not later than six months from the date of its receipt
The eligible persons are allotted accommodation wherever available in the same or even in neighbouring districts.
since the Railways have power to initiate civil/criminal action against the unauthorized occupants on the Railway property, must resort to those proceedings against the concerned persons immediately after it is brought to the notice to the concerned official of the Railways
The Supreme Court order dated December 16, 2021 may be read here:
The High Court then pointed out that a notice for demolition was issued, but no rehabilitation scheme was mentioned and the above directions were not followed by Western Railways till date.
“These are not even notices under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. They are simply eviction notices.” (para 4)
The court also said that it was unclear whether the Western Railways had taken up the matter of rehabilitation with the local government which could be either the BMC or the Mumbai Metropolitan Region Development Authority (MMRDA).
The court sought to know whether Western Railways, MMRDA and MCGM have in place any rehabilitation policy or system, and what the eligibility criteria are for the same.
The court further said that labelling the illegal occupants was not enough.
“Throughout, we bear in mind that merely labelling these persons as “encroachers” is not going to answer the problem. This is a serious problem in the city and it is a problem of human displacement. Sometimes, the scale of the displacement is beyond the imagination. It has to be addressed in a more considered fashion than by merely deploying bulldozers on the site.” (para 7)
The court also expressed its displeasure over the demolition report dated February 7 which stated that the debris generated after demolition and unserviceable released material was dumped in a low lying area as the court presumed that it will get washed into the Arabian Sea. The court also noted that the report did not indicate whether any survey was done of the 101 unauthorized structures which were demolished. “In no sense is this in keeping with even the letter, let alone the spirit, of the Supreme Court orders referred to above,” said the court (para 9)
The then directed,
“No further demolitions are to be carried out until the next date in contravention of the Supreme Court order anywhere on Western Railway lands in Greater Mumbai.” (para 10)
The court listed the matter for March 1, however noting the anxiety of the railways regarding the long gap in hearing and the embargo on demolition, the court gave liberty to the Railways to mention the matter for an earlier date with notice to the petitioners and other respondents as well.
The Bombay High Court order may be read here.
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