Mumbai: WR restrained from demolishing unauthorised structures till March by HC

Mumbai: Observing that human displacement was a serious problem, the Bombay High Court (HC) has restrained the railways from carrying out any demolition of unauthorised structures on the “Western Railway lands in Greater Mumbai” till Mar 1.

A division bench passed the order while hearing a plea by slum dwellers residing on railway land in Bandra East, challenging the demolition notice. Early this month, the railways had undertaken a demolition drive wherein 101 unauthorised structures were demolished.

Judges rap railways for no steps on rehabilitation

The judges rapped the railways for merely issuing demolition notices without taking any steps for their rehabilitation or citing their eligibility for beneficial schemes like the Prime Minister Awas Yojna Scheme (PMAYS).

The court has asked the Railways, Mumbai Metropolitan Region Development Authority (MMRDA) and the BMC to provide information on whether they “have in place any rehabilitation policy or system, and what is the eligibility criteria”. Taking note of the larger problem, the HC said merely labelling these persons as encroachers and displacing them will not solve the problem. “Sometimes, the scale of displacement is beyond imagination. It has to be addressed in a more considered fashion than by merely deploying bulldozers on site,” the bench said.

The bench cited the Supreme Court order of Dec 16, 2021, which clearly stated that in case of encroachment on railway lands, eviction and demolition has to be undertaken following due process of law. The persons have to either be provided accommodation under a rehabilitation scheme or informed about their eligibility for accommodation under the PMAYS. The judges were irked since none of these was done.

Taking exception to the report which stated that the debris generated after demolition and unserviceable released material was broken and thrown outside the railway land at a low-lying area, but no personal belongings were taken from the site, the HC said, “While we note this report, the disposal of this material raises more questions than it answers, because by throwing this material into a low-lying area, apparently, the presumption is that it will get washed into the Arabian Sea. We most emphatically do not approve of this approach.”

The report further failed to explain whether a survey was conducted of persons residing in these unauthorised structures.

What the SC said

• In case of encroachment, due process of law must be followed under the Public Premises Act which provides for giving reasonable time to the “encroacher” to respond to the eviction and demolition notice and time to vacate, in case of adverse findings. Also, before undertaking demolition, a database has to be maintained of persons residing there for considering their eligibility for providing suitable residential accommodation.

• In addition, the apex court had said that the railways and the state government concerned shall be jointly and severally liable to pay a sum of Rs2,000 per month per demolished structure for a period of six months to the head of the family, from the date of demolition of their structure as ex-gratia amount.

• If no rehabilitation scheme has been formulated by the local government, the authorities have to help the affected persons decide on their eligibility for allocation of residential premises under the PMAYS.