Encroachments on Railway lands in Delhi: Congress moves SC for rehabilitation of slum dwellers before eviction

On August 31, the Supreme Court directed the removal of 48,000 slum dwellings along the 140 km length of railway tracks in Delhi within three months and said there shall not be any kind of political interference in the execution of the plan.

File pic: Zee News

New Delhi: Senior Congress leader Ajay Maken moved the Supreme Court on Friday (September 11) seeking rehabilitation of slum dwellers prior to the removal of 48,000 dwellings alongside the railway tracks in Delhi.

Earlier on August 31, the top court directed the removal of 48,000 slum dwellings along the 140 km length of railway tracks in Delhi within three months and said there shall not be any kind of political interference in the execution of the plan.

The plea sought a direction to the Ministry of Railways, Delhi Government, and Delhi Urban Shelter Improvement Board (DUSIB) to rehabilitate the slum dwellers prior to eviction/ demolition of their dwellings. It also sought a direction to the Ministry of Railways, Delhi Government, and DUSIB to follow the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 and the Protocol (for removal of Jhuggis) in letter and spirit.

The petition filed through advocates Aman Panwar and Nitin Saluja said that subsequent to the August 31 order of the apex court, the Ministry of Railways has issued Demolition Notices and has fixed the demolition drive for September 11 and 14 in various slums in Delhi. 

"That, however, various policies of the Government of India and that of the Government of NCT of Delhi providing for prior rehabilitation/ relocation of slums dwellers, survey of the affected population are neither being followed by the respondent Railways nor have been brought to the notice of this Court," the plea said.

Referring to the COVID-19 situation in the country, the plea said that in these circumstances, it would be highly risky to demolish the hutments/ jhuggis of more than 2,50,000 people without prior rehabilitation as they will be forced to move from place to place in search of shelter and livelihood.

The plea said since the slum dwellers were not parties in the case, either directly or in a representative capacity, their stance and the relevant documents could not be brought before this Court for its kind consideration. 

It also referred to a 1986 Constitution bench verdict of the top court which held that there can be no justification for denying an opportunity of hearing to slum dwellers living on pavements/ public properties, a hearing ought to have been given to slum dwellers, either directly or in a representative capacity.

Maken and co-petitioner Kailash Pandit said that they are filing the intervention application seeking additional directions for Rehabilitation of the affected population prior to their displacement.

The plea said that the top court has not only directed the removal of about 48,000 jhuggis along-side the railway's line, but it has also directed that no court will grant stay in the said process which amounts to grave obstruction in the Right to Access to Justice.

On August 31, the SC has directed that the slum dwellings will be removed in a phased manner, restraining any court from granting any kind of stay with respect to the removal of encroachments in the area. In case, any interim order is granted with respect to encroachments along railway tracks that shall not be effective, it added.

The top court had said that 70 per cent of the requisite amount shall be borne by the Railways and 30 per cent by the state government and the manpower be provided by the South Delhi Municipal Corporation (SDMC), Railways and agencies available with the Government, free of cost, and they will not charge it from each other.

On February 28, the top court had taken note of "heaps of plastic bags and garbage" lying on both sides of railway lines in the outer Delhi region and asked the Delhi government, civic bodies, and EPCA to make a concrete plan for its removal. 

Terming the situation as "pathetic", the apex court had taken cognisance of this issue and said steps have to be taken on a "war footing basis" so that no such garbage is dumped on the sides of the railway lines in the future.

Meanwhile, the AAP on Friday claimed that the railways filed an affidavit in Supreme Court that 48,000 'jhuggis' adjacent to rail tracks were hindering the cleanliness process by the Centre. 

Calling the affidavit "irrefutable evidence" that showed the real wish of the BJP-led Centre, AAP spokesperson Raghav Chadha said it exposed the mentality of the BJP.

The Delhi BJP, however, urged the AAP to stop "daily melodramas" to mislead slum dwellers and instead allot the over 55,000 Rajiv Ratna Yojna vacant flats to them.

The BJP spokesman also said that "court records are there for all to see that after 2014, the BJP-led central government pressed for their rehabilitation even as the Kejriwal government remained silent in the court and never demanded a rehabilitation package".

(With Agency Inputs)