SC directs authorities in Faridabad to extend cooperation to Railways for removal of encroachment

The Supreme Court Monday directed the commissioner of Faridabad municipal corporation and other authorities to ensure that “full cooperation” is extended to the Railways in executing the order passed for removal of encroachment from the Railways property.

The apex court passed the order after the Railways said that in Faridabad area there is encroachment by around 600 people and though they have passed orders of eviction under the Public Premises (Eviction of Unauthorised Occupants) Act, the local administration is not cooperating.

“We direct the Commissioner of Faridabad municipal corporation, superintendent of police and the district collector to ensure that full cooperation is extended to the officers of Railways, wanting to execute the orders passed for removal of the unauthorised structures at the earliest,” a bench of Justices A M Khanwilkar and A S Oka said.

Additional Solicitor General K M Nataraj, appearing for the Railways, told the bench that formal orders under the Public Premises (Eviction of Unauthorised Occupants) Act have been passed in respect of encroachment on the Railways property but its execution is being delayed because of the non-cooperation by the local authorities.

“In Faridabad area, there is an encroachment by about 600 people. We have passed orders of eviction. However, the local administration is not cooperating. Without the cooperation of the local administration, we are unable to execute it,” Nataraj told the bench.

The ASG said the local administration has to cooperate by appointing duty magistrates and police assistance have to be given for execution of the order.

He said orders under the Public Premises (Eviction of Unauthorised Occupants) Act have been passed and the issue is about its execution.

The bench noted that as per the Railways, the execution is being delayed because of the non-cooperation by the local authorities namely, the corporation, district administration and police.

The apex court, which posted the matter for hearing on April 11, said copy of its order be forwarded to the commissioner of the municipal corporation, district collector and superintendent of police of Faridabad for information and necessary action forthwith. The apex court is hearing two separate petitions which have raised issues related to removal of encroachment from Railway land in Gujarat and Haryana.

The plea, filed in the Haryana matter, relates to the demolition of ‘jhuggis’ near the Railway tracks at Faridabad.

During the hearing on Monday, the ASG told the bench that he has filed a status report in which details regarding progress of clearing encroachment from Railways property and steps taken in cases which are pending in different courts have been given.

“We would like to see that report,” said the bench, while asking its registry to circulate the status report along with the paper book on the next date of hearing.