Surat municipal corporation must take responsibility for allowing encroachment on Railways land: SC

You have to answer your maladministration at the local level, not the state, the bench said.The petitioner, Surat-based Utran se Besthan Railway Jhopadpatti Vikas Mandal, has told the top court that an irreparable injury would be caused to the slum dwellers residing on the Railways land there if they are not provided with alternate arrangement and rehabilitation.During the hearing on Saturday, the counsel appearing for the civic body told the bench that the Gujarat High Court had asked the petitioner before it to approach the state government for rehabilitation.We will say corporation must take the responsibility.

The Supreme Court on Saturday said that Surat municipal corporation must take the responsibility and answer the ''maladministration'' at the local level for allowing encroachment on Railways land due to which a ''public project'' is getting delayed.

While hearing two petitions, including the one which relates to the demolition of around 5,000 'jhuggis' in Gujarat for a railway line project, the apex court said the primary responsibility of governance at the local level is on the municipal body.

The top court had earlier granted status quo on the demolition of these 'jhuggis' in Gujarat.

A bench of Justices A M Khanwilkar and C T Ravikumar observed that the railway line project was sanctioned in 2018 and three years have gone by but nothing has happened because of the encroachment. ''You allow the slum area to spread across the city and you will not take responsibility for that. The corporation should take the responsibility,'' the bench told the advocate appearing for the civic body.

''Why state should be responsible for that? You have to answer your maladministration at the local level, not the state,'' the bench said.

The petitioner, Surat-based 'Utran se Besthan Railway Jhopadpatti Vikas Mandal', has told the top court that an ''irreparable injury'' would be caused to the slum dwellers residing on the Railways land there if they are not provided with alternate arrangement and rehabilitation.

During the hearing on Saturday, the counsel appearing for the civic body told the bench that the Gujarat High Court had asked the petitioner before it to approach the state government for rehabilitation.

''We will say corporation must take the responsibility. We will direct the corporation to make immediate arrangements,'' the bench observed.

The counsel said under the policy, the state is responsible for rehabilitation.

''How can the state be responsible? The corporation allowed the encroachment and then you say, the state will be responsible,'' the bench said.

When the corporation's lawyer contended that encroachment is on the railways land, the bench said, ''It is on railways land but under your governance at the local level. You have to ensure that no encroachment takes place.'' The lawyer said that he would discuss the issue with the concerned authority and get back to the court.

The bench, which posted the matter for hearing on November 15, said the whole project is being delayed because of this.

''It can't be open-ended. It has to be decided fast because the demolition work has to commence and construction work will have to begin,'' the bench said, adding that it is a ''public project''.

The bench asked Additional Solicitor General K M Nataraj, who was representing the Railways, about its stand on the issue.

''So far, as the Railways is concerned, there is no question of Railways making rehabilitation scheme. If at all it has to be done, it has to be done by the local administration and local authorities,'' he said.

Senior advocate Colin Gonsalves, who appeared for the petitioner, said the issue is about rehabilitation of slum dwellers there.

The other plea, which was listed for hearing along with this matter, relates to demolition of 'jhuggis' near the railway tracks at Faridabad in Haryana.

In the Faridabad matter, the apex court had earlier granted status quo on demolition of structures of those, who have approached the court seeking stay of the eviction.

The 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 demolition.

In the Gujarat matter, the petitioner had earlier told the apex court that in compliance with the Gujarat High Court's August 19 order, the authorities were going to start the demolition work.

The petitioner had said 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 project.

The 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 hours.

It has also sought direction to the authorities, including the Centre and Gujarat government, to rehabilitate the concerned slum dwellers.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)