New Delhi Nov 22 PTI The Supreme Court Monday directed the Ministry of Railways to explain the conflicting position taken by it before different forums including the apex court regarding rehabilitation policy for slum dwellers who are on land owned by the RailwaysThe top court which was hearing two separate pleas including the one which relates to the demolition of around 5000 jhuggis in Gujarat for a railway line project asked the secretary of the Ministry of Railways to explain this on affidavit within a weekIn the matter about Gujarat the top court is hearing a petition which has said that an irreparable injury would be caused to the slum dwellers residing on the Railways land there if they are not provided with alternate arrangements and rehabilitation The petitioner had said that the Gujarat 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 top court had earlier granted status quo on the demolition of these jhuggis in GujaratA bench of Justices A M Khanwilkar and C T Ravikumar on Monday noted that it has been brought to its notice that in separate proceedings before the Delhi High Court earlier the Railways had given assurance that rehabilitation policy propounded by the Delhi government would be adopted by themThe bench said the Railways had given assurance before the apex court which was hearing another matter in September last year that necessary plans would be framed concerning rehabilitationThe top court said the Railways however took a completely contrary stand before the high courts of Gujarat and Punjab and Haryana and said they do not have any policy of rehabilitationWe call upon the secretary Ministry of Railways to explain this conflicting position taken on behalf of Ministry of Railways before different forums including the Supreme Court of India the bench said in its orderDuring the hearing the bench asked Additional Solicitor General ASG K M Nataraj who was representing the Railways as to why they have been taking such different stand before different courtsIt said the affidavit be filed within a week and posted the matter for further hearing on November 29In addition the affidavit must disclose the timeline within which the rehabilitation programme will be taken forward especially in respect of the section which needs to be urgently connected with the remaining project already completed being 265 km only which may affect seven Bastis Jhuggi clusters as informed by the counsel for the petitioners the bench saidThe ASG told the bench that the Railways will work on the rehabilitation policy as asked by the top courtSenior advocate Colin Gonsalves appearing for the petitioners in both the petitions said that the Railways state of Gujarat and Surat Municipal Corporation have filed their respective affidavits in the matterHe told the bench about the stand taken earlier by the Railways before the apex court and the Delhi High Court on rehabilitation policyThe bench told the ASG that Railways cannot take different stands before different courts on the issueThe apex court had earlier observed that a public project is getting delayed due to this as the railway line project was sanctioned in 2018 and three years have gone by but nothing has happened because of the encroachmentThe other plea which was listed for hearing along with this matter relates to the demolition of jhuggis near the railway tracks at Faridabad in HaryanaIn the Faridabad matter the apex court had earlier granted status quo on the demolition of structures of those who have approached the court seeking stay of the evictionThe plea filed by 18 petitioners including those who are residing in the area in Faridabad has challenged the September 28 interim order of the Punjab and Haryana High Court which had refused to grant a stay on demolitionIn the Gujarat matter the petitioner had earlier told the apex court that in compliance with the Gujarat High Courts August 19 order the authorities were going to start the demolition workThe petition in the Gujarat matter filed through advocate Satya Mitra has sought a 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 PTI ABA ABA RKS RKS

New Delhi Aug 24 PTI The Supreme Court Tuesday ordered status quo on the demolition of around 5000 jhuggis in Gujarat for a Railway line projectA bench comprising Chief Justice N V Ramana and Justice Surya Kant passed the order after the matter was mentioned for urgent listing before itSenior advocate Colin Gonsalves appearing for the petitioner told the bench that in compliance with the Gujarat High Courts August 19 order directing eviction of over 10000 slum dwellers the authorities were going to start the demolition work on Tuesday itselfList the matter on August 25 2021 before an appropriate bench Till August 25 2021 the concerned authorities are directed to maintain status quo the bench said in its orderGonsalves 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 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 sought direction to authorities including the Centre and Gujarat government to rehabilitate the concerned slum dwellers It has also 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 as 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 there are cases of many re-settlements that have happened on case-to-case basis due to evictions or developmental projectsIt is true that the project of great public importance has to be completed as early as possible but the only grievance of the petitioners is that it should not be done without providing adequate rehabilitation to the slum dwellers The respondents have not come up with any rehabilitation policy for those slum dwellers who would be unjustly displaced and dislocated from the Railway land it saidIt said the state government had floated a scheme -- Gujarat Slum Rehabilitation Policy 2013 -- as per which slum dwellers are to be provided with dwelling unitsresidents by the government authoritiesThe 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 2013It said a notice dated August 21 was put up by the Western Railway authority stating that within 24 hours the demolition drive would start and later the slum dwellers residing at the Railway line were asked to vacate their houses stating that demolition would take place on August 24 PTI ABA SJK 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