0
0
While reiterating the remark of the Supreme Court (SC) that the Western Railway (WR) become additionally liable for rehabilitation of people occupying its property, the Bombay excessive courtroom docket on Monday sought to realize from the Railways, the Brihanmumbai Municipal Corporation (BMC) and the Mumbai Metropolitan Region Development Authority (MMRDA) whether or not there has been any rehabilitation coverage in location and the eligibility standards in one of these coverage.
The department bench of justice Gautam Patel and justice Neela Gokhale which become listening to a petition filed through Ekta Welfare Society towards Western Railway become knowledgeable that the railway now no longer handiest did not observe the December 2021 order of the apex courtroom docket however had issued eviction notices and additionally demolished one hundred and one systems with out rehabilitating the affected people who had allegedly encroached upon railway land.
The bench at the same time as rapping the Western Railways said, “We endure in thoughts that simply labelling those people as encroachers isn’t going to reply the trouble. This is a severe trouble withinside the town and it’s far a trouble of human displacement. Sometimes, the dimensions of the displacement is past the imagination. It must be addressed in a extra taken into consideration style than through simply deploying bulldozers at the site.”
The bench additionally took notice of the February 7, 2023 joint demolition document of the WR which said that one hundred and one systems have been demolished and handiest the particles become dumped in a low-mendacity area, non-public property of the occupants remained untouched. “The disposal of this fabric increases extra questions than it answers, due to the fact through throwing this fabric right into a low-mendacity area, seemingly the presumption is that it’s going to get washed into the Arabian Sea. We maximum emphatically do now no longer approve of this approach,” remarked the bench in its order.
Referring to the SC, the bench stated that the WR and neighborhood authorities that can consist of the BMC and MMRDA had now no longer complied with the guidelines of the apex courtroom docket order which required the government to report the identification of occupants for thinking about their eligibility for appropriate residential lodging after eviction.
The bench stated that aleven though the SC become confident that affected people might be rehabilitated below the Prime Minister Awas Yojana (PMAY) scheme, none of that regarded to were completed and that the notices did now no longer factor out any rehabilitation scheme.
Referring to the joint demolition document of WR, the bench stated that it did now no longer imply whether or not any survey were completed to check the eligibility of the affected humans and consequently did now no longer observe the SC order in letter or spirit.
Directing the 3 government to tell it approximately the rehabilitation coverage, the bench constrained similarly demolition until March 1 because it become in contravention of the SC order.
Average Rating