The Supreme Court Thursday extended till November 10 the status quo granted on demolition of around 5,000 'jhuggis' in Gujarat for a railway line project, after being informed that deliberations were on regarding whether rehabilitation can be provided or not.
The apex court also said that status quo granted in a separate matter regarding demolition of ‘jhuggis’ near the railway tracks at Faridabad in Haryana concerning the structures of those, who have approached the court seeking stay of the eviction, would also continue till November 10.
A bench headed by Justice A M Khanwilkar was informed by Additional Solicitor General (ASG) K M Nataraj that in the Gujarat matter, deliberations were going on as to whether rehabilitation can be provided or not.
“Kindly grant us some time. We are at the stage of deliberations,” he told the bench, also comprising justices Dinesh Maheshwari and C T Ravikumar.
The top court was hearing two separate petitions which have raised certain issues, including that of rehabilitation.
One of the pleas, filed by 18 petitioners including those who are residing in the area in Faridabad, has challenged the September 28 interim order of the Punjab and Haryana High Court which had refused to grant a stay on demolition.
The other plea, filed by Surat-based 'Utran se Besthan Railway Jhopadpatti Vikas Mandal', has said that “irreparable injury” would be caused to the slum dwellers residing on the Railway land if they are not provided with alternate arrangement and once they would be evicted and made homeless, their condition would become more miserable especially during the Covid-19 pandemic.
During the hearing, the ASG said that in the Faridabad matter, except the structures of those regarding whom the status quo order was passed, rest have already been demolished before the apex court had granted status quo.
The bench asked Nataraj why the rehabilitation issue is not being examined in Faridabad matter when it is being considered in Gujarat.
The ASG said in the Gujarat matter, the local administration is looking into this aspect and they would have consultation with the Railways.
When he said that municipal corporation of Faridabad is the local body in respect of the matter concerning there, the bench said, “We will issue notice to the local body.”
The top court directed that notice be issued to the municipal corporation of Faridabad.
Senior advocate Colin Gonsalves, appearing for the petitioners in both the matters, said that the interim orders of status quo passed earlier by the court should continue.
“Whatever interim order is given in item two (Gujarat matter), it will continue. Whatever interim order is there in item 10 (Faridabad matter), it will continue separately,” the bench said.
While hearing the Faridabad matter on September 30, the apex court had said that status quo granted on September 29 in “respect of unauthorised structures” belonging to petitioners before it would continue till today.
The ASG had told then the bench that around 450 structures in the area in Faridabad were already demolished before the order of status quo was passed by the court.
In the plea filed in the apex court, the petitioners have claimed that demolition without providing rehabilitation to over 500 slum dwellers was “illegal” and violative of Article 21 (protection of life and personal liberty) of the Constitution.
The plea has said the high court has nowhere asked the concerned authorities and the land-owning agency, the Railways, to provide rehabilitation to these slum dwellers before conducting the demolition.
In the Gujarat matter, the petitioners had earlier told the apex court that in compliance with the Gujarat High Court's August 19 order, the authorities were going to start the demolition work.
The petitioners had told that the 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.
The petition, filed through advocate Satya Mitra, has sought stay on the demolition of these ‘jhuggis’ claiming that no breathing time has been given to the slum dwellers and authorities have been forcing them to vacate within 24 hours.
It has also sought direction to the authorities, including the Centre and Gujarat government, to rehabilitate the concerned slum dwellers.
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