Railways, State Governments and Municipal Corporations To Build-Up A Plan For Rehabilitation Of Evicted Slum Dwellers : Hon’ble Apex Court Desires
Railways, State Governments and Municipal Corporations To Build-Up A Plan For Rehabilitation Of Evicted Slum Dwellers : Hon’ble Apex Court Desires
On 6th December, 2021 (Monday) the Hon’ble Apex Court asked the Ministry of Railways, State Governments and Municipal Corporations to pbuild-up a plan with regard to rehabilitation of slum dwellers adjoining railway tracks in Gujarat and Haryana.
A bench of Justices A.M. Khanwilkar and C.T. Ravikumar was hearing the SLP filed against the eviction orders of the Gujarat and Punjab and Haryana High Courts.
The bench said that, “Each one of you is waiting for each other. Corporation is waiting for you, state is waiting for corporation and you all are waiting for each other. The project needs to be implemented. You have How many cases have been registered? Please let us know. How are you trying to solve the problem? Have you identified the people who are eligible for the scheme?"
The bench further said, "You have to find some solution. The project has to go ahead. Plans and budgetary system are being mocked. A law is necessary to remove encroachers. You should invoke it." On November 29, 2021, the apex court had asked the Ministry of Housing and Urban Development ("MoHUA") to put forth its stand whether Gujarat and Haryana have a policy for slum dwellers adjoining railway tracks.
The Supreme Court had on 24th August, 2021 directed the state of Gujarat to maintain status quo with respect to the demolition of 10,000 jhuggis in the state. A division bench of Chief Justice N.V. Ramana and Justice Surya Kant passed the order to maintain status quo.
The apex court had on 25th November, 2021 slammed the Ministry of Railways for taking a contradictory stand before various forums including the apex court with regard to the rehabilitation policy for the evicted slum-dwellers.
When the matter was brought up for hearing, ASG K.M. Nataraj, appearing for the Centre, said that the Ministry of Housing and Urban Affairs does not have any specific policy for rehabilitation in respect of railway properties, which are in the petition or in the state of Gujarat or Haryana.
"Land and colonies are state subjects. Therefore, it is mandatory for the respective states/UTs to meet the housing needs of their population."
Case Title: Uttaran to Beston Railway Jhoppatpatti Development Board
Vs.
Government of India & Ors.
Diary No. 19714/2021
And
Deepak Sharma
Vs.
Center of India. diary number 23559/2021
ITEM NO.87+88 Court 3 (Video Conferencing) SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION
(CIVIL) Diary No(s). 19714/2021 (Arising out of impugned final judgment order dated 19-08-2021 and in WPPIL No. 222/2014 passed by the High Court Of Gujarat at Ahmedabad)
UTRAN SE BESTHAN RAILWAY JHOPADPATTI VIKAS MANDAL Petitioner(s)
VERSUS
GOVERNMENT OF INDIA & ORS. Respondent(s)
WITH SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 23559/2021
Date : 06-12-2021 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE C.T. RAVIKUMAR
For Petitioner(s) : Mr. Colin Gonsalves,
Sr. Adv. Ms. Kawalpreet Kaur,
Adv. Ms. Hetvi Patel,
Adv. Mr. Haider Ali,
Adv. Mr. Satya Mitra, AOR
For Respondent(s) : Mr. Tushar Mehta,
SG Mr. K.M. Nataraj,
ASG Mr. Kanu Agrawal,
Adv. Ms. Sansriti Pathak,
Adv. Mr. Akshay Amritanshu,
Adv. Mr. Varun Chugh,
Adv. Mr. Amrish Kumar,
AOR R-2 Ms. Deepanwita Priyanka,
AOR Mr. Munawwar Naseem, AOR
UPON hearing the counsel the Court made the following
O R D E R
List the matters tomorrow (07.12.2022) for physical hearing.
(MEENAKSHI KOHLI) (RAJ RANI NEGI)
ASTT. REGISTRAR-cum-PS DY. REGISTRAR
