'All Major Cities Have Turned Into Slums' : Supreme Court Asks Authorities To Take Strict Action Against Encroachments

During the hearing of cases related to the Railway's eviction drive against jhuggis in railway property, the Supreme Court expressed anguish at the slum problem in cities and called for strict action by authorities against encroachments.

The Court orally said that the failure of the authorities in taking timely action against public encroachments was the root of the problem.

"All major cities have turned into slums. Look at any city, Chandigarh might be an exception but there are problems in Chandigarh as well. That is happening everywhere. Let us rise to reality and think how the problem has to be resolved", Justice AM Khanwilkar, the presiding judge of the bench, observed.

Justice Khanwilkar went on to add that the primary responsibility is with the local authority.

"The primary responsibility of ensuring that there is no encroachment is that of the local government. The Local governments must start taking responsibility. This is a sad story going on for 75 years and we are celebrating the 75th year of independence next year!. The time has come for the corporations to take the responsibility of removing the encroachment. They (encroachers) move to other districts and other encroachers may take part in the rehabilitation. That is the sad story and it is ultimately the taxpayers' money which will go down the drain", Justice Khanwilkar expressed anguish.

A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar was hearing special leave petitions assailing Gujarat and Punjab and Haryana High Courts allowing the eviction of unauthorized settlers along railway lines.

During the hearing, the bench said that the railways cannot be let off the hook of their responsibility. The bench refused to accept the argument of Additional Solicitor General KM Nataraj that the responsibility is on the local authority and the state government to provide rehabilitation for the evicted persons.

The bench pointed out that there is special railway enactment that empowers it to take criminal action against trespassers. Also, Railways maintains a special police force to protect its properties.

"Let the Railways take the responsibility too", Justice Khanwilkar said.

 "You want vacation of your property. You take action. Where is that police force? Why are you spending on the police force if you cannot protect your property?," Justice Khanwilkar asked the ASG.

In reply, the ASG said, "We are taking action against the officers. I admit, there are lapses on our part. We have now taken action". The ASG assured that Railways will take strict action across India against the encroachers and added that he would submit an affidavit specifying the steps taken in this regard.

The bench said that it will review the performance of the Railways.

"Performance chart will be apprised by us and not your hirers. Your liability is an equal liability along with the state and corporation. The owner who is incapable of protecting the property should be liable along with the State and Corporation", Justice Khanwilkar told the ASG.

On ASG's contention that it would ensure that they are evicted, the bench said,  "You might evict them but then they will encroach on other parts of the property. 1/3rd share you will also pay. I have noticed that you have not taken action and that you have not taken action against them because the interim order is a lame excuse. What steps did you take before 2014? Even railways are equally liable, that is what we will say. There was a failure of responsibility".

Accordingly, the bench held the Railways to be jointly and severally liable along with the local government and the State Government to shoulder the responsibility of paying a solatium of Rupees 2000 per month per demolished hut for 6 months as solatium to the evictees.

The Court allowed the Railways to serve eviction notices on the slum dwellers for reclaiming the railway properties and allowed the evicted persons to seek rehabilitation under the scheme of the local authority or under the Pradhan Mantri Awas Yojana(PMAY).

The 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.

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