SC expresses displeasure over encroachment on Railways land

New Delhi: The Supreme Court Tuesday expressed displeasure over the Railways land encroachment due to which public projects are getting held up and said the authorities may have political compulsions but it is the taxpayers' money which goes "down the drain .

The apex court, while hearing two separate pleas which have raised issues related to removal of encroachment from the Railways land in Gujarat and Haryana, said the authorities concerned must find a solution to this problem.

A bench headed by Justice A M Khanwilkar told Solicitor General Tushar Mehta that the municipal corporation, the states as well as the Railways are not seeing eye to eye in these cases and since these are matters of public interest, the project should go forward immediately. How do you overcome this? We want you to tell us that. And without intending to make any political statement, the government at all three levels is triple engine and the Railways cannot have their engine functioning in this, said the bench, also comprising Justices Dinesh Maheshwari and C T Ravikumar.

Mehta told the bench that he would discuss the issue at all levels and would speak to the Railways minister because a public project cannot be held up. This matter you need to resolve at the earliest and within 15 days, the project should start rolling out. Make sure. Whatever arrangements are necessary, do it at war footing level. We don't want excuses either from the Centre, the state or the corporation, the bench said.

The top court also told Mehta about how the Railways had taken different stand on the issue before different courts, including the Delhi High Court, in separate matters on the issue of rehabilitation of those who are encroaching upon the Railways land.

The solicitor general, who said that encroachment on Railways land is a Pan-India issue, assured the bench that a joint stand would be taken by the authorities on the issue.

It is the taxpayers money. You may have political compulsions but it is the taxpayers money ultimately which go down the drain everywhere, the bench observed, adding, Ultimately, it is the state exchequer which suffers.

The top court observed that encroachment on the Railways land is an offence and the officers, who are at the grass root level, are accountable and responsible for this situation.

Tell us, how many estate officers are there in your department. You close that department. You have police. The Railways have police. So, close that department if you cannot protect your own property, the bench observed, adding, It is distribution of largesse.

The bench said if the government is firm about its stand that those who are encroaching upon the Railways land cannot be given rehabilitation, it should take that position.

It observed that different statements made before different courts create problem and there cannot be a situation where a public project is put on hold for years as this will have an effect on the cost and the expense would be much more.

The bench posted the matter for hearing on December 14. The apex court had on Monday pulled up the Railways for not acting against the encroachers on its land in Gujarat, where a railway line is scheduled to come up.

In the Gujarat matter, the petitioners had earlier told the apex court that the state 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.

After the high court order, the petitioners moved the top court which granted status quo on the demolition of these 'jhuggis' in Gujarat.

The other plea 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.