Supreme Court Seeks Response On Slum Dwellers' Rehabilitation After Eviction From Railway Land

The submissions have been made on behalf of the petitioner, an NGO named "Utran Se Besthan Railway Jhopadpatti Vikas Mandal", who has challenged the orders by the Gujarat High Court allowing the eviction of unauthorised settlers along railway lines.

A Bench comprising Justice AM Khanwilkar and Justice CT Ravikumar sought a response from the Surat Municipal Corporation in this regard during the hearing. The Bench was informed that the Corporation will ensure that the applications are taken and receipts are given to the dwellers.

While noting that respondents have sought further time of two weeks for filing the status reports as directed by the Court on 16th December, the Bench adjourned the matter to be listed on 18th February and directed the Status reports to be filed on or before 11th February.

Senior Advocate Colin Gonsalves appearing for the petitioner submitted that the demolition took  place as ordered, and a total of 1078 hutments were demolished. However, the applications tendered by occupants are not being accepted by appropriate authority for rehabilitation and the amount of Rs 2000 ex gratia has not been offered to the affected persons. 

"Many people were turned away and applications weren't taken, we want them to be taken. What they are doing on ground is not a good thing. When they take application they don't give a receipt, so we don't have a proof. Your Lordships said you'll be 2k per family which hasn't been paid" Mr Gonsalves said.

ASG KM Nataraj appearing for Western Railways submitted that they have already conducted the survey and the issues being highlighted by the petitioner will have to be dealt with by district administration.

Senior Advocate Mukul Rohatgi appearing for the Municipal Corporation submitted that he will ensure that if people are there applications will be taken and receipt will be given. As for ex gratia amount he submitted that the contribution of Corporation's share of 56 lakhs has already been given and the same may be disbursed by the State or the Centre.

The Bench suggested that a nodal officer may be indicated who the concerned persons can contact.

Advocate Tahir Hakim and Advocate Eijaz Maqbool who filed an impleadment application submitted that along with residential premises, a religious structure has also been demolished,and they should also be considered for rehabilitation.

The Bench asked them to make a representation to the authority in this regard.

"Counsels Eijaz Maqbool and Tahir Hakim submit that they have filed applications for grant of rehabilitation with regard to demolition, the application is disposed of with liberty to make representation to the nodal officer. If that decision is adverse it will be open to applicant to pursue other remedy as advised" the Bench recorded

The status report has to be filed in terms of the directions issued by the Court in its last order dated 16th December 2021.

On December 16, the Supreme Court had upheld the judgment of the Gujarat High Court which refused to interfere with the eviction drive launched by the Indian Railways against slums and allowed the Railways to serve eviction notices on the slum dwellers for reclaiming the railway properties.

The Bench had 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 had 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 were allowed to 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 premises.

In respect of structures that were not immediately required to be vacated, 6 weeks time was to be given in the proposed notice for eviction and removal. In either case, if the occupant fails to vacate the structure, it would 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 was asked ensure that adequate support is provided for the railway authorities for commencing the eviction process and demolition of unauthorized structures.

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