Anushka Sharma –
Published On: November 23, 2021 at 12:20 IST
The Supreme Court on Monday demanded an explanation from the Secretary of the Railway Ministry, citing the Railways’ inconsistent positions in several High Courts and the Supreme Court over the evacuation and rehabilitation of slum inhabitants encroaching on land near to railway tracks. The Supreme Court demanded an Affidavit within one week.
Senior Counsel Colin Gonsalves, acting for an NGO, told a panel of Justice AM Khanwilkar and Justice CT Ravikumar that Railways has taken contradictory response from the Supreme Court, the Delhi High Court, and the Gujarat High Court.
According to Gonsalves, the Ministry’s Attorney General told the Supreme Court last year that it was creating a policy, but the Railways told the Delhi High Court that it was implementing the Delhi Government’s policy for squatters’ rehabilitation.
He went on to say that the Railways had stated in front of the Gujarat High Court that it was not considering any policy, and that the government should clarify the situation.
Before the Bench, Additional Solicitor General KM Nataraj argued that there is no such policy for rehabilitating squatters on railway land. However, the Supreme Court, citing the railways’ contradicting attitude, stated the company should explain its position in several forums, including the Supreme Court.
The Supreme Court ordered the secretary to file a response and set a new hearing date on November 29. According to the Petitioners’ attorney, the affidavit must also indicate the timetable within which the rehabilitation plan will be implemented, particularly in connection with a 2.65-kilometer project that may touch seven slums.
The Supreme Court was considering an appeal from a Gujarat High Court judgement ordering the eviction of over 10,000 slum dwellers near Surat railway lines. The Petitioners claim that demolishing a building without a rehabilitation plan is prohibited.