Railway project SC extends interim order of status quo on demolition of jhuggis till Sept 1
New Delhi Aug 25 PTI The Supreme Court Wednesday extended till September 1 its interim order directing the authorities to maintain status quo on the demolition of around 5000 jhuggis in Gujarat for a Railway line projectA bench headed by Chief Justice N V Ramana had on Tuesday ordered status quo till August 25 after the matter was mentioned before it for urgent listingThe matter came up for hearing on Wednesday before a bench comprising justices A M Khanwilkar and Sanjiv KhannaAdditional Solicitor General K M Nataraj told the bench that he is in the process of seeking instruction from the authority and the matter may be taken up after two daysHe said the interim order passed in the matter may continue in the meantimeSolicitor General Tushar Mehta who also appeared in the matter said he was making the same requestAs requested by the Solicitor General list the matter on September 1 the bench said adding Interim order to continue till thenSenior advocate Colin Gonsalves appearing for the petitioner had yesterday mentioned the matter for urgent listing and told the apex court that in compliance with the Gujarat High Courts August 19 order the authorities were going to start the demolition work on Tuesday itself and evict over 10000 slum dwellersThe bench while ordering status quo had directed that the matter be listed before an appropriate bench on WednesdayGonsalves had told the bench that the high court had vacated its July 23 2014 interim order of status quo and permitted the Western Railways to go ahead with the Surat-Udhna up to Jalgaon third Railway line projectThe plea filed by Surat-based Utran se Besthan Railway Jhopadpatti Vikas Mandal has said that irreparable injury would be caused to the slum dwellers who are residing on the Railway land if they are not provided with alternate arrangement and once they would be evicted and made homeless their condition would become more miserable especially during the COVID-19 pandemicThe petition filed through advocate Satya Mitra has sought stay on the demolition of these jhuggis claiming that no breathing time has been given to the slum dwellers and authorities have been forcing them to vacate within 24 hoursIt has also sought direction to the authorities including the Centre and Gujarat government to rehabilitate the concerned slum dwellers It has sought a direction to the Gujarat government to rehabilitate all those families which the Western Railways proposes to evict under the existing state rehabilitation scheme within stipulated time frameIt said the Western Railways be directed to formulate a rehabilitation policy for slum dwellers of the proposed site within stipulated time frameIt has also sought to declare the Gujarat slum rehabilitation policy as discriminatory arbitrary and unconstitutional claiming that it does not include slum dwellers residing on the Railway landThe impugned order dated August 19 2021 violates the various judgments laid down by the Supreme Court of India in which the court has held Right to Housing as an important ingredient of Article 21 of the Constitution of India and has emphasized on the rehabilitation of the slum dwellers said the plea while challenging the high court orderIt alleged that the order of demolition without providing rehabilitation scheme for over 10000 slum dwellers is illegal inhuman and violates Article 21 protection of life and personal liberty of the ConstitutionIt said the petition has been filed for and on behalf of around 10000 slum dwellers who are living near the Railway lines in the city of SuratThey have been residing on Railway land for more than 60 years now Most of them have proof of residence with them Most of the residents have their Voter ID cards and Ration cards as proof of identity with them The slum settlements that would be demolished between Utran to Besthan are 21 in number it saidThe plea said the high court in an order passed in March 2016 in the case had said that unless a suitable and effective rehabilitation scheme of slum dwellers is framed by the Railway administration it is not possible to permit the demolition to take place The High Court has been asking the Western Railway to come up with the rehabilitation policy for the said site since 2016 Even after five years have passed the Railway authorities did not come up with any rehabilitation plan for the same it allegedIt said slum dwellers whose jhuggis are on the municipal corporation land are eligible for rehabilitation and are protected from eviction without rehabilitation but unfortunately those who are on the Railway land are not covered under the Gujarat Slum Rehabilitation Policy 2013 PTI ABA SA
New Delhi Aug 25 PTI The Supreme Court Wednesday extended till September 1 its interim order directing the authorities to maintain status quo on the demolition of around 5000 jhuggis in Gujarat for a Railway line projectA bench headed by Chief Justice N V Ramana had on Tuesday ordered status quo till August 25 after the matter was mentioned before it for urgent listingThe matter came up for hearing on Wednesday before a bench comprising justices A M Khanwilkar and Sanjiv KhannaAdditional Solicitor General K M Nataraj told the bench that he is in the process of seeking instruction from the authority and the matter may be taken up after two daysHe said the interim order passed in the matter may continue in the meantimeSolicitor General Tushar Mehta who also appeared in the matter said he was making the same requestAs requested by the Solicitor General list the matter on September 1 the bench said adding Interim order to continue till thenSenior advocate Colin Gonsalves appearing for the petitioner had yesterday mentioned the matter for urgent listing and told the apex court that in compliance with the Gujarat High Courts August 19 order the authorities were going to start the demolition work on Tuesday itself and evict over 10000 slum dwellersThe bench while ordering status quo had directed that the matter be listed before an appropriate bench on WednesdayGonsalves had told the bench that the high court had vacated its July 23 2014 interim order of status quo and permitted the Western Railways to go ahead with the Surat-Udhna up to Jalgaon third Railway line projectThe plea filed by Surat-based Utran se Besthan Railway Jhopadpatti Vikas Mandal has said that irreparable injury would be caused to the slum dwellers who are residing on the Railway land if they are not provided with alternate arrangement and once they would be evicted and made homeless their condition would become more miserable especially during the COVID-19 pandemicThe petition filed through advocate Satya Mitra has sought stay on the demolition of these jhuggis claiming that no breathing time has been given to the slum dwellers and authorities have been forcing them to vacate within 24 hoursIt has also sought direction to the authorities including the Centre and Gujarat government to rehabilitate the concerned slum dwellers It has sought a direction to the Gujarat government to rehabilitate all those families which the Western Railways proposes to evict under the existing state rehabilitation scheme within stipulated time frameIt said the Western Railways be directed to formulate a rehabilitation policy for slum dwellers of the proposed site within stipulated time frameIt has also sought to declare the Gujarat slum rehabilitation policy as discriminatory arbitrary and unconstitutional claiming that it does not include slum dwellers residing on the Railway landThe impugned order dated August 19 2021 violates the various judgments laid down by the Supreme Court of India in which the court has held Right to Housing as an important ingredient of Article 21 of the Constitution of India and has emphasized on the rehabilitation of the slum dwellers said the plea while challenging the high court orderIt alleged that the order of demolition without providing rehabilitation scheme for over 10000 slum dwellers is illegal inhuman and violates Article 21 protection of life and personal liberty of the ConstitutionIt said the petition has been filed for and on behalf of around 10000 slum dwellers who are living near the Railway lines in the city of SuratThey have been residing on Railway land for more than 60 years now Most of them have proof of residence with them Most of the residents have their Voter ID cards and Ration cards as proof of identity with them The slum settlements that would be demolished between Utran to Besthan are 21 in number it saidThe plea said the high court in an order passed in March 2016 in the case had said that unless a suitable and effective rehabilitation scheme of slum dwellers is framed by the Railway administration it is not possible to permit the demolition to take place The High Court has been asking the Western Railway to come up with the rehabilitation policy for the said site since 2016 Even after five years have passed the Railway authorities did not come up with any rehabilitation plan for the same it allegedIt said slum dwellers whose jhuggis are on the municipal corporation land are eligible for rehabilitation and are protected from eviction without rehabilitation but unfortunately those who are on the Railway land are not covered under the Gujarat Slum Rehabilitation Policy 2013 PTI ABA SA
