Supreme Court Asks Railways, State Govts & Municipal Corporations To Chalk Out Plan To Rehabilitate Evicted Slum Dwellers

The Supreme Court on Monday asked the Ministry of Railways, State Governments and Municipal Corporations to chalk out a plan with regards to rehabilitation of slums dwellers living adjacent to Railway Tracks in Gujarat and Haryana.

While hearing the SLP's assailing Gujarat and Punjab and Haryana High Courts' demolition orders, the bench of Justices AM Khanwilkar and CT Ravikumar orally remarked,

"Each one of you is waiting for each other. Corporation is waiting for you, the state is waiting for Corporation and you all are waiting for each other. The project needs to be implemented. How many cases have you registered? Please tell us. How are you going to find a solution to the problem? Have you identified the people who are eligible for the Yojana?," the bench remarked.

"You have to find some solution. The project has to go on. Mockery is being made of plans and budgetary arrangements. There is a law for revoking the encroachers. You invoke that," the bench further added.

On November 29, 2021 the Top Court had asked the Ministry of Housing and Urban Development ("MoHUA") to place its stand as to whether it has any policy in slums adjacent to Railway Tracks in Gujarat and Haryana.

On August 24, the Apex Court had directed the State of Gujarat to maintain status quo with regards to demolition of 10000 jhuggis in the State. The order for maintenance of status quo was passed by the division bench of Chief Justice NV Ramana and Justice Surya Kant.

The Top Court on November 25, 2021 had pulled the Ministry of Railway for taking contradictory stands before different forums including the Top Court with regards to the Rehabilitation Policy for evicted slum dwellers.

Courtroom Exchange

When the matter was called for hearing ASG KM Nataraj appearing for the Centre submitted that the Ministry of Housing and Urban Affairs did not have any specific policy for rehabilitation in respect of the Railway Properties which were subject matter of the petition or any other property in the States of Gujarat or Haryana.

"Land and Colonisation are State Subjects. Therefore the respective States/UT's are mandated to address the housing needs of its population," the affidavit had stated.

He further added that the Union Government through MoHUA could augment the State's effort primarily to meet the housing needs of EWS of the society in urban areas through Pradhan Mantri Awas Yojana- Urban ("PMAY-U") scheme since June 25, 2015.

Questioning as to how was MoHUA going to accommodate the slum dwellers through PMAY U, the bench remarked,

"How are you going to accommodate them in that Yojana? You have to tell us that. The state, railways and corporations should sit together and chalk out the plan. We will take that on record and issue the directions to you."

ASG Nataraj at this juncture submitted that the Ministry of Railways had no policy for rehabilitation and relied on section 147 of the Railways Act 1989 to submit that under this section any kind of encroachment and occupation of land was an offence.

Expressing its dismay with regards to the failure on part of Ministry of Railways to take timely action against the encroachers, the bench said,

"Did you do something? Did you invoke the Public Premise Act? You have not taken any action, we don't know. How are you going to find a solution to the problem, tell us that. If they have no right, argue that issue. We have no difficulty."

While ASG KM Nataraj submitted that to implement the Yojana it was important for the slum dwellers to be eligible for the same, the bench asked as to whether the Ministry had identified the list of people who were eligible for PMAY-U.

"Yes we understand. Those who are eligible can get. This is what happened in the Faridabad Matter also. It is your property and you are not protecting your property. It is statutory duty to invoke action against the encroachments. You should have invoked the Public Premise Act. It is your property. How are you going to solve this?," the bench remarked while adjourning the matter for Tuesday.

Case Title: Utran Se Besthan Railway Jhopadpatti Vikas Mandal V. Government Of India & Ors| Diary Number 19714/2021 & Deepak Sharma v Union of India| Diary No(s) 23559/2021

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