Do encroachers have right to be rehabilitated: HC

Kolkata: “Is there any right of the encroacher to be rehabilitated and then evicted?” Calcutta High Court on Tuesday questioned the encroachers adjacent to the Konnagar railway station, who approached HC against the railway’s eviction notice. The HC directed the authorities not to evict them on Tuesday as the case would be heard again on Wednesday.

Four people, carrying out business on the land adjacent to Hooghly’s Konnagar station, approached the single bench of Justice Hiranmay Bhattacharyya. The eviction notice requested the persons to leave the premises by June 9.

Though Justice Bhattacharyya has given an interim pause to eviction, the judge asked the petitioners’ counsel Samim Ahmed to satisfy the court on multiple questions: “An unauthorised encroacher, what right does he have to remain on the railway property? You will encroach upon and tell all the encroachers you follow these procedures, it will continue for years together and I will remain in occupation. First you have to establish your right. The other part, right of rehabilitation. Whether there is any right of the encroacher to be rehabilitated or whether a mandamus can be issued directing the authority to rehabilitate and then evict or whether the state is under obligation to find out any alternative space to accommodate or rehabilitate.”

According to the petitioner, the market dates back to 1984. “The market has become a source of income for hundreds of families,” the four small business owners pleaded. The railway authorities countered this, stating that they have been trying to evict the alleged encroachers for a long time now. It was submitted that the land is needed for establishing the Dankuni freight corridor.

“If each and every eviction process is stopped, then the project undertaken by the railways cannot be complied with. The land has to be adjacent to the station. We are giving 15 to 20 days to people to vacate the premises by affixing notices. The premises number cannot be there as it’s open land which has been encroached,” the railway’s counsel argued.

Justice Bhattacharyya asked the railway counsel to answer what process the authorities are following in these evictions. The hearing will take place on Wednesday.

During the hearing on Tuesday, the judge pointed out the arguments on which statute the railway should proceed with their eviction. They are invoking Section 147(2) of the Indian Railway Act, 1989. It empowers any railway servant to remove unauthorised individuals from railway property. “The statute enables them to use force, so they are utilising it,” the judge verbally remarked, while stating that the petitioners may proceed on the fact that the same can be carried out under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.