Encroachment is a serious issue, Bulldozers are not the solution: Bombay High Court

A division bench of the Bombay High Court comprising Justice GS Patel and Justice Neela Gokhale has recently observed that labeling people as encroachers is not going to solve the problem and encroachment has to be dealt with in a more considered fashion than by merely deploying a bulldozer.

“Throughout, we bear in mind that merely labeling these persons as ‘encroachers’ is not going to answer the problem. This is a serious problem in the city and it is a problem of human displacement. Sometimes, the scale of the displacement is beyond the imagination. It has to be addressed in a more considered fashion than by merely deploying bulldozers on the site," Court said.

The division bench was hearing a plea filed by Ekta Welfare Society which had received eviction and demolition notices for encroaching on the railway property.

The division bench sought a reply from the Western Railways, MMRDA, and MCGM to place on record the rehabilitation policy or system, and the eligibility criteria. The bench directed the authorities to not carry out any demolition on Western Railway lands in Greater Mumbai till March 1, 2023.

The Authorities had submitted a report before the court wherein it was stated that 101 structures were demolished and the debris generated after demolition and unserviceable released material were broken and thrown outside the railway land at a low-lying area but no personal belongings were taken from the site.

While disapproving such an act and stating that the debris will be washed into the Arabian Sea, the high court said,

“While we note this report, the disposal of this material raises more questions than it answers, because by throwing this material into a low-lying area, apparently the presumption is that it will get washed into the Arabian Sea. We most emphatically do not approve of this approach.”

The high court said that the order of the Apex Court was not followed by the Western Railway with respect to identifying occupants and considering their eligibility. The court said that the report did not indicate whether any survey was done of the 101 unauthorized structures and if any process of eligibility was undertaken.

The division bench said that the Apex Court was informed that the persons affected would be accommodated or rehabilitated under the Prime Minister Awas Yojana Scheme (PMAYS). There was to be some form of scrutiny for the purposes of eligibility. The eligible persons were to be given accommodation under this PMAYS. The court said none of it seems to have been done.

The high court noted, “In no sense is this in keeping with even the letter, let alone the spirit, of the Supreme Court orders referred to above.” Court, therefore, asked the authorities to not take any action till March 1, 2023

Case Title: Ekta Welfare Society vs State of Maharashtra & Ors