Railways equally responsible for ensuring no encroachment on its properties, says Supreme Court

The apex court was hearing two separate pleas related to the removal of encroachments from railway land

The Supreme Court Thursday said the Indian Railways is "equally responsible" for ensuring that there is no encroachment on its properties and it must initiate action against unauthorised occupants immediately after the issue is brought to its notice.

The apex court, while hearing two separate pleas which raised issues related to the removal of encroachments from railway land in Gujarat and Haryana, said the Railways and authorities concerned must initiate action against erring officials for permitting encroachment and not taking action in earnest.

A bench headed by Justice AM Khanwilkar noted that the Surat-Udhna to Jalgaon railway line project in Gujarat is still incomplete because of the unauthorised structures on the railway property, along a 2.65-kilometre stretch.

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The top court directed the Railways to immediately issue notices to the occupants of these structures falling within the stretch, which is immediately required for resuming the project, and give them two weeks to vacate the premises.

"In addition, since the Railways has power to initiate criminal action against the unauthorised occupants of its properties, it must resort to such proceedings against persons concerned immediately after it is brought to the notice of the officers concerned of the Railways," the bench said.

The bench, also comprising justices Dinesh Maheshwari and CT Ravikumar, said that in respect of structures that are not immediately required to be vacated, six weeks can be given by the Railways in the proposed notice for eviction and removal of structures.

The bench said if an occupant fails to vacate the unauthorised structure, it would be open to the Western Railways to initiate appropriate legal action or forcible dispossession and removal of such structures by taking assistance of the local police. It directed that the commissioner or the superintendent of police of the area concerned shall ensure that adequate support and force is provided to the Railways authority for commencement of removal process and demolition of unauthorised structures, as referred to in eviction notices.

The top court said that Rs 2,000 per month as a solatium for a period of six months be paid to the occupants of unauthorised structures that would be removed in the demolition action. It said the solatium shall be initially paid by the collector of the district concerned and it shall be shared equally by the Railways, municipal corporation concerned and the state government.

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The bench said that before commencing the process of eviction and removal of unauthorised structures, the collector of the district concerned must ensure that necessary details of persons occupying the same, including their identity, are recorded and profiled. It said these records should be preserved by the collector for considering the possibility of providing suitable accommodation to the deserving and eligible persons who are affected by such demolition action.

The top court said if the local authority concerned has a rehabilitation scheme, the affected persons can apply for being rehabilitated under it, if eligible.

It said if there is no scheme formulated by the local authority, the persons likely to be affected by the action of demolition can apply for allocation of residential premises under the 'PM Awas Yojana' scheme and the application in this regard be processed within six months.

The bench noted that according to the Railways, the primary responsibility of ensuring that no encroachment takes place on any property is that of the local corporation and also of the state government in equal measure.

It said there is a special enactment that enables the Railway authorities to protect its property and they also have a police force that can be used for this. "We hold the Railways equally responsible for the situation and for which reason, it should provide for some support to the persons likely to be affected by the removal of the structures in question," it said.

The apex court has posted the matter for hearing on January 28.

Additional Solicitor General KM Nataraj, appearing for the Railways, said so far as the Railways is concerned, it doesn't have any policy of rehabilitation.

The bench said in these two states, the same political dispensation is there right from corporation to the Centre level and the matter should have been resolved. "The entire property has to be reclaimed. If it is in the wrong hand, you have to reclaim it. Do that. It is my tax, his tax and your tax which is wasted," it said.

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Solicitor General Tushar Mehta told the bench that he had a discussion with the railway minister on the issue.

"The policy is that if there is an encroachment and if the corporation and the state want Railways to pass through them, then they must take the responsibility of rehabilitating or removing, otherwise we will have to change the route," he said.

In Gujarat, the petitioners had earlier told the apex court that the state high court had vacated its July 23, 2014, interim order of status quo and permitted the Western Railways to go ahead with the Surat-Udhna up to Jalgaon third railway line project.

After the high court order, the petitioners moved the top court that granted status quo on the demolition of these hutments in Gujarat.

The other plea relates to the demolition of hutments near the railway tracks at Faridabad in Haryana.