Slums In Railway Lands : Supreme Court Seeks Status Report From Centre On Eviction

The Supreme Court on Friday granted Railways two weeks time to file a status report regarding follow up steps taken by the department with regard to eviction of slum dwellers for reclaiming the Railway Property, particularly in Delhi.

A bench of Justices AM Khanwilkar and CT Ravikumar, which was considering special leave petitions assailing Gujarat and Punjab and Haryana High Court(s) demolition order the Supreme Court, the bench asked Additional Solicitor General  KM Nataraj status with regards to the Top Court's direction of removing the approximately 40,995 encroachments.

"Have you filed further status reports on the 2nd aspect? Even for Delhi matters, you need to expedite the steps. Number is very big in Delhi," the bench said.

ASG at this juncture prayed for further time to file further status reports regarding follow up steps taken by the department, to which the bench acceded.

"As regards the observations made in order dated 18.02.2022, ASG prays for further time to file further status reports regarding follow up steps taken by the department. List this matter on March 21, 2022," the bench said in its order.

On December 16, 2021, the bench allowed the Railways to serve eviction notices on the slum dwellers for reclaiming the railway properties.

On February 18, 2022 the bench during the course had perused the status report filed by the Director, Land & Amenities, Railway Board, New Delhi which mentioned the steps taken for removing the encroachment on the railway property, thus far.

On perusal of the status report wherein it was mentioned that out of 40995 cases, 35814 cases pertained to Delhi Division of Northern Railway and the authorities were required to abide by the Top Court's directions given in order dated September 14, 2020, the bench had said even if the authorities were not in a position to take any further steps with regard to the encroachments on the railway property pertaining to Delhi Division of Northern Railway, there was no reason why the authorities could not proceed against the other encroachments referred to in the chart.

"If any encroachment is subject matter of Court proceedings, the appropriate authority must immediately invite attention of the concerned Court to the order passed by this Court on 16.12.2021 and 28.01.2022 and seek appropriate directions from the concerned Court to speed up the process of clearing the encroachments on the railway property which is affecting its new or expansion projects," the bench had further noted in its order.

It is pertinent to mention that the Central Government on September 14, 2020 had informed the Supreme Court that there would not be immediate removal of the slums near the railway track in Delhi in furtherance of the Top Court's order dated August 31, 2020.

On August 31, 2020 while hearing MC Mehta case, the bench headed by Justice Arun Mishra had ordered removal of nearly 48,000 slum dwellings around the 140 kilometer length of railway tracks in New Delhi within 3 months and had also directed that no court should grant stay on the removal of slums.

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