Maharashtra
Entire city of Mumbai and mumbai suburban district are affected, (the order is for whole of western railways
,
,
Mumbai Suburban
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Eviction notice issued to thousands of slum dwellers living on railway land in Mumbai
Reported by
Shubham Kothari
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2021
Year started
37
Land area affected
Households affected
People Affected
2021
Year started
37
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

In January 2022, the Indian Railways issued eviction notices to thousands of slum dwellers living on land of Mumbai Suburban Railway track. The conflict involves the entire land under western railways. The residents claim they have been living on the land for nearly seventy years and have been issued eviction notices with a notice period of seven days.

The conflict has its roots in the third railway line project connecting Surat district in Gujarat to Jalgaon district in North Maharashtra. Sanctioned in 2009, this project could not progress for many years as the land owned by Western Railways on that stretch was used by migrants from various states to build temporary hutments. In 2014, residents of these hutments approached the Gujarat High Court to prevent their eviction due to the project. The Court granted them a stay in that year. But in 2021, the matter was taken up again by the Gujarat High Court. This time the court ordered that all settlements be removed from the Railways' land so that the project could be implemented. While issuing this order, the court did not provide any appropriate rehabilitation to the affected population. This order was subsequently challenged in the Supreme court.

In December 2021, the Supreme Court upheld the order to evict slum dwellers living not just on Surat Jalgaon link road, but the entire stretch of western railways within six weeks of the order. However, the Supreme Court noted that railways has not followed its duty to protect public land even when it was empowered through separate laws like public premises act 1971, railways act 1989 and through the use of railway police. Noting that railways has first failed in its duty, it has to support people being evicted in rehabilitation along with state and central government. It ordered railways to give rent of Rs 2000 for six months during which their permanent rehabilitation was to be completed.

It also held that state governments and urban local bodies were to apply the relevant laws for rehabilitation. And wherever laws were unavailable to rehabilitate, slum dwellers could apply for rehabilitation through public housing schemes like the Pradhan Mantri Awas Yojana.

Following this order, eviction notices were issued to all slum dwellers living on Railway land. This included people living across Mumbai and nearby metropolitan region. The then housing minister, Jitendra Awhad opposed this order as he stated that entire Mumbai Metropolitan Region Development Authority region doesn't have enough tenements for rehabilitation for entire railway land and therefore these evictions must not happen. While evictions across the city have not started, various settlements have been served notices and a few have also been demolished.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Refusal to give up land for the project

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Shubham Kothari

Maharashtra

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Refusal to give up land for the project

Demand to retain/protect access to common land/resources

Eviction notice issued to thousands of slum dwellers living on railway land in Mumbai

Reported by

Shubham Kothari

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

January 29, 2023

May 31, 2023

Edited on

January 29, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Railways

Starting Year

2021

Land Area Affected (in Hectares)

37

ha

Households Affected by Conflict

People Affected by Conflict

State

Maharashtra

Sector

Infrastructure

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

37

ha

Starting Year

2021

Location of Conflict

Entire city of Mumbai and mumbai suburban district are affected, (the order is for whole of western railways

Mumbai Suburban

Reason or Cause of Conflict

Railways

Land Conflict Summary

In January 2022, the Indian Railways issued eviction notices to thousands of slum dwellers living on land of Mumbai Suburban Railway track. The conflict involves the entire land under western railways. The residents claim they have been living on the land for nearly seventy years and have been issued eviction notices with a notice period of seven days.

The conflict has its roots in the third railway line project connecting Surat district in Gujarat to Jalgaon district in North Maharashtra. Sanctioned in 2009, this project could not progress for many years as the land owned by Western Railways on that stretch was used by migrants from various states to build temporary hutments. In 2014, residents of these hutments approached the Gujarat High Court to prevent their eviction due to the project. The Court granted them a stay in that year. But in 2021, the matter was taken up again by the Gujarat High Court. This time the court ordered that all settlements be removed from the Railways' land so that the project could be implemented. While issuing this order, the court did not provide any appropriate rehabilitation to the affected population. This order was subsequently challenged in the Supreme court.

In December 2021, the Supreme Court upheld the order to evict slum dwellers living not just on Surat Jalgaon link road, but the entire stretch of western railways within six weeks of the order. However, the Supreme Court noted that railways has not followed its duty to protect public land even when it was empowered through separate laws like public premises act 1971, railways act 1989 and through the use of railway police. Noting that railways has first failed in its duty, it has to support people being evicted in rehabilitation along with state and central government. It ordered railways to give rent of Rs 2000 for six months during which their permanent rehabilitation was to be completed.

It also held that state governments and urban local bodies were to apply the relevant laws for rehabilitation. And wherever laws were unavailable to rehabilitate, slum dwellers could apply for rehabilitation through public housing schemes like the Pradhan Mantri Awas Yojana.

Following this order, eviction notices were issued to all slum dwellers living on Railway land. This included people living across Mumbai and nearby metropolitan region. The then housing minister, Jitendra Awhad opposed this order as he stated that entire Mumbai Metropolitan Region Development Authority region doesn't have enough tenements for rehabilitation for entire railway land and therefore these evictions must not happen. While evictions across the city have not started, various settlements have been served notices and a few have also been demolished.

Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Refusal to give up land for the project

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common

Type of Common Land

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Railways Act, 1989
Section 147 [Provision which criminalizes trespass over railways property. Railways officials have the power to remove any person liable under this provision.]
Indian Railways Works Manual, 2000, issued by Ministry of Railways, Government of India
Clause 814 [Indian railways have the power to remove new encroachments over railway land under Section 147 of Railway Act 1989. For old encroachments, the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ought to apply.]
Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Section 4 [The Estate Officer is required to issue notice to person involved in unauthorised occupation of public premises, within seven working days of receiving information about such occupation] Section 5 [Eviction of unauthorised occupants to happen only after notice under Section 4 is issued and after personal hearing. Any order of eviction passed by the estate officer to contain recording of reasons]
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
Section 3(1) [Declaration of an area as a 'slum area' by state government]; Section 3A [Appointment of a slum rehabilitation authority for areas falling under the Act. Such officials to ensure rehabilitation scheme for slums is implemented.] Section 3Z [State government must consider relocation and rehabilitation of occupants falling under this Act before eviction] 
Pradhan Mantri Awas Yojana 2021-22
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others.
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The High Court in the case had directed that before any eviction, the relevant authority must identify evictees eligible for relocation and rehabilitation. The state authorities must also ensure that basic civic liberties are ensured at the site of relocation. The Supreme Court confirmed this decision and stated that the directions passed in the High Court judgment must be complied with precisely.
Report of the Special Rapporteur on Adequate Housing, A/HRC/RES/43/14, dated July 6, 2020
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others.
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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

No items found.

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Supreme Court of India

Case Number

SLP (C) Diary no. 19714/2021

Main Reasoning/Decision of court

On December 16, 2021, the Supreme Court ordered that eviction must be carried out by Western Railways by giving notice of two weeks’ time to the occupants, in the areas where the Railways need to commence project work. However, for the rest of the land falling under the Western Railways, six weeks’ time can be given. The Court stated that the Railways can use local authorities along with police force to demolish the unauthorized buildings. The Court also directed that the Western Railways along with the State Government must pay a sum of Rs. 2000 per month for every demolished structure for six months to the head of the family. Any applicable rehabilitation scheme must also be implemented. Otherwise, occupants were permitted to apply for allocation of residential premises such as Pradhan Mantri Awas Yojana Scheme. Since then, several grievances have been raised before the Supreme Court, including the state government insisting that occupants deposit a sum of Rs. 20,000 before allotment of housing under the PMAYS scheme. On July 14, 2022, the Court disposed of the matter, stating that evictees will be accommodated under PMAYS. The Court further stated that in case the eligible evictees had financial difficulties, they may lodge complaints to the relevant official. Officials were directed to address these complaints as per the due process of the law, but urged to take “appropriate action against its erring officers/ officials responsible for allowing/overlooking the encroachment”.

Major Human Rights Violations Related to the Conflict:

Displacement

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Western Railway

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Slum dwellers organisations across Mumbai

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

A basti on both side of railway in Bandra

Image Credit:  

Shubham

Demolished basti by railway in bandra

Image Credit:  

Shubham

Video

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