New Delhi, Nov 29 (PTI) The Supreme Court Monday asked the Ministry of Urban Development (MoUD) to apprise whether it has any policy in place regarding rehabilitation of slum dwellers who are residing on Railways land in the states of Gujarat and Haryana.

The apex court was informed by the Ministry of Railways that they have taken a “consistent stand” before the courts, including the apex court and the Delhi High Court, that they do not have any policy regarding rehabilitation of those who are encroaching on their land.

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A bench of Justices A M Khanwilkar and C T Ravikumar was hearing two separate pleas raising issues related to the removal of encroachment from Railways land in the states of Gujarat and Haryana.

Additional Solicitor General (ASG) K M Nataraj, appearing for the Railways, referred to an order passed earlier by the Delhi High Court which had noted that the MoUD had no objection to the 2015 policy notified in Delhi in this regard.

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“So, the MoUD had agreed that this policy be extended to the Railway properties,” the bench observed.

When Nataraj said that the concerned states should come out with rehabilitation policy, the bench said, “MoUD and you, both are the Government of India together. So, MoUD should take the responsibility of extending the similar scheme there.”

The bench said it wanted to know whether a similar provision, like that in Delhi, can be made by the MoUD for the states of Gujarat and Haryana.

The ASG said he would take instructions on the issue and get back to the court.

“Issue notice to the Secretary of Ministry of Urban Development, Government of India…. The MoUD to place on record whether it has any policy in place in respect of Railway properties referred to in this proceedings, namely, in state of Gujarat and state of Haryana,” the bench said and posted the matter for hearing on December 3.

At the outset, the ASG told the bench that the Ministry of Railways has filed an affidavit in the matter.

“It is submitted that Railways does not have a policy regarding rehabilitation of encroachers,” the ASG said while reading the affidavit.

He said that the stand taken by the Railways before the Delhi High Court is consistent with the stand taken by them before other courts,

“The stand has been consistent in all the litigation that we don't have the policy,” he said.

The top court had on November 22 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 Railways.

The bench had 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 them.

The top court, which was hearing two separate pleas including the one which relates to the demolition of around 5,000 'jhuggis' in Gujarat for a railway line project, had asked the secretary of the Ministry of Railways to explain this on affidavit within a week.

In the Gujarat matter, 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 project.

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

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

In 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 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 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 hours.

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

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)