In an exceedingly order that might send a chill down the spine of estate officers tasked to forestall encroachment of land. The Supreme Court on weekday directed Railways, states, native bodies and their institutions to require rigorous action against bureaucrats. Whose duty dereliction allowed unauthorized occupation of public land.
For Railways, law officer K M Natraj secure immediate initiation of pan-India drive by railway authorities to free its land. “We can take prompt action across India to free railway land from encroachment. The Supreme Court will monitor our action and that we can file periodic standing reports on evicting encroachers from railway”.
A bench of Justices A M Khanwilkar, Dinesh Maheshwari and CT Ravikumar aforementioned, “Since the Railways has power. To initiate criminal action against the unauthorized occupants of its land. And it should initiate action against those encroachers like a shot when the encroachments area unit dropped at its notice.”
“In addition, Railways being the owner of the property, the authorities likewise because the state governments. Should initiate acceptable action against the error-prone persons, as well as the officers of the involved institutions. For allowing such encroachments and not taking action to get rid of it in right earnest and at the earliest.
“What your Estate officers do then,” the bench asked. Natraj conceded that “there has been a complete failure on our half. I actually have nothing to defend during this matter. SC allowed the Railways to relinquish fortnight notice to the encroachers for vacating the place or face physical eviction. The Gujarat HC had refused the plea of the encroachers.
The Gujarat HC had refused the plea of the encroachers,as instructed by Supreme Court
However, it aforementioned that since the authorities slept for years over the encroachment, the railways, the civic body. And also the regime can share “jointly and severally” the burden of paying Rs 2,000 per month for 6 months. It conjointly accepted senior advocate Colin Gonsalves’s plea to allow the evicted owner of the encampment. To use for different accommodation below the state government’s theme or below PM Awas Yojana, subject to their eligibility.
Initially, Natraj resisted fastening of monetary liability on the Railways towards payment of monthly solatium to the evicted encroachers. “This is like satisfying the pickpockets.” The bench aforementioned, “It is going on everyplace in India. That’s why the cities area unit step by step turning into slums. allow us to notice the truth. The involved native and state governments should take responsibility.”