The Supreme Court on Thursday allowed the Railways to go forward with the elimination of unauthorized settlements on its land earmarked for the proposed Surat-Jalna route, however failed to take care of Railway Protection Force and stop encroachment regardless of having a particular act. Not earlier than pulling it. permits it to take action.
A bench headed by Justice AM Khanwilkar mentioned the railways might situation rapid notices to the occupants of unlawful constructions and provides them two weeks to vacate the premises. For constructions that don’t should be vacated instantly, 4 weeks could be given, mentioned the bench, additionally comprising Justices Dinesh Maheshwari and CT Ravikumar.
The court docket dominated, “In any case, if the occupants fail to vacate the unauthorized structure, it is open to Western Railway to initiate appropriate legal action and forcibly remove the unauthorized structure with the help of local police force.” Will occur.”
Hearing a plea looking for instructions for rehabilitation of the displaced, the highest court docket mentioned the collector of the district involved ought to accumulate the names and particulars of such folks earlier than initiating the method of eviction. This is to offer appropriate lodging to “deserving and deserving persons”, the bench mentioned.
The court docket mentioned that the land proprietor i.e. the native and state governments needs to be paid Rs 2,000 for every construction.
“The amount will be paid initially by the Collector for a period of 6 months to be shared equally by the owner of the land (local and state government) only,” it mentioned, including that the affected individuals can apply for rehabilitation if The native authorities has such schemes.
The court docket mentioned that if a plan is just not ready and applied by the native authority, the individuals prone to be affected by the demolition motion can apply for allotment of premises by way of the ‘Pradhan Mantri Awas Yojana’, Provided it’s processed inside 6 months.
Western Railway had argued that the first duty of guaranteeing that there is no such thing as a encroachment on any property rests with the native authorities and the state authorities.
But the court docket mentioned: “Though at first the argument appears to be genuine, (it) does not affect us as the Railways Act allows them to protect their property and to protect their property wherever it is situated.” They even have a railway pressure.”
“You want your property back and you are a union, you have to take financial responsibility. Why are you spending so much on police force when you cannot handle your assets? Merely issuing circulars will not help,” the bench added. Solicitor General KM Nataraja advised. “We hold the Railways equally responsible for this situation and they are bound to provide assistance to those who are likely to be affected by this demolition.”
The court docket mentioned encroachment of public land has been a “tragic reality” within the nation within the final 75 years.
“It is the duty of the local government to see that there is no encroachment of public land. The time has come for the local government to become aware of this situation. It is a sad story that continues for 75 years. This is the sad story of this country. Some may invade. It is removed and the other encroaches. It is ultimately the taxpayers money that goes into the drain,” the court docket mentioned.
Stating that the Railways has the facility to provoke legal proceedings towards unauthorized occupants, the highest court docket mentioned such proceedings needs to be resorted to right away after being delivered to the discover of the authorities involved.
Earlier, the Gujarat HC had dismissed the petition following which a petition was filed within the SC as a PIL.
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With inputs from TheIndianEXPRESS
