The Surat-Udhna to Jalgaon railway line project in Gujarat was still incomplete as unauthorized structures were erected to an extent of 2.65 km on railway property.
The Surat-Udhna to Jalgaon railway line project in Gujarat was still incomplete as unauthorized structures were erected to an extent of 2.65 km on railway property.
The Supreme Court on Thursday said that being below the poverty line is “no exception” for not following the rule of law, which has to be followed by all concerned.
Hearing a case related to encroachment on railway land in Gujarat, the top court observed that when the Constitution recognizes the rule of law, it has to be followed by all.
The counsel appearing for the petitioner asked a bench of Justices AM Khanvilkar and JB Pardiwala to give some time to the eligible applicants who have been affected by the removal of encroachments and who would be rehabilitated under the ‘Pradhan Mantri Awas Yojana’. Pay the installment for the accommodation provided to them.
“Whatever has been done is already a favor shown to all these persons. They were trespassers of the rank occupying railway property,” the bench said.
The counsel for the petitioner said that these people are below poverty line.
“When the Constitution recognizes the rule of law, it has to be followed by all. Below the poverty line is no exception to the rule of law not being followed,” the bench said, adding that there are many people who live below the poverty line. Huh.
The bench said that the petitioner can approach the authority and if they have the power to extend the time under the scheme, they will consider it.
Senior advocate Mukul Rohatgi, appearing for Surat Municipal Corporation, told the bench that till date 1,901 applications out of 2,450 applications for allocation under ‘Pradhan Mantri Awas Yojana’ have been approved by the affected persons.
He said that under the scheme the allottee would have to pay Rs.6 lakh per flat.
When the counsel for the petitioner submitted that 549 applications have not been approved, the bench said that if it is rejected, the applicants are at liberty to challenge that decision before the appropriate forum.
The bench asked Additional Solicitor General KM Natraj, representing the Railways, about the action taken against the officials for their inaction, which resulted in encroachment on railway property.
The bench said that it has been submitted before it on behalf of the Western Railway and the Municipal Corporation that the encroachment on the railway property concerned has been completely removed.
It further said that the counsel appearing for the petitioner has submitted that some allottees may face difficulty in maintaining the deadline for payment of installment.
The top court said that such persons can make a request to the concerned authority which will consider it appropriate and in accordance with the law.
It said the applicants whose claims have been rejected by the authorities are free to take appropriate measures to challenge the decision.
Disposing of the petition, the bench recorded that the department concerned should take appropriate action against the erring officials and the disciplinary action which has already been initiated may be taken to its logical conclusion at the earliest.
Railways ‘equally responsible’ for not encroachment
The top court had earlier observed that the Railways is “equally responsible” for ensuring that there is no encroachment on its properties and it should initiate action against the unauthorized occupants immediately after the issue is brought to its notice.
It was noted that the Surat-Udhna to Jalgaon railway line project in Gujarat was still incomplete as unauthorized structures were erected to an extent of 2.65 km on railway property.
The top court had earlier directed that occupants of an unauthorized structure be paid ₹2,000 per month for six months, which would be demolished in the demolition action.
It said that in case a rehabilitation plan is not implemented or prepared by the local authority, persons likely to be affected by the demolition action may apply for allotment of residential premises under the ‘Pradhan Mantri Awas Yojana’, The application of which will not be processed later. More than six months from the date of its receipt and carried over to its logical end.
The petitioner had earlier told the apex court that the Gujarat High Court had vacated its interim order of status quo on 23 July 2014 and allowed Western Railway to proceed with the Surat-Udhna to Jalgaon third railway line project.
The petition, filed by Surat-based ‘Uttaran Se Beston Railway Jhutpatti Vikas Mandal’, had contended that the slum dwellers living on railway land would suffer “irreparable loss” if they are not provided with alternative arrangements and once they With homelessness and homelessness, their condition will become more pathetic, especially during the COVID-19 pandemic.