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The Supreme Court on Monday has called for the response from the Secretary, Ministry of Railways for taking a different stand before different courts.

A bench of Justice AM Khanwilkar and Justice CT Ravikumar said, "We'll call upon Secretary of the Railways to explain why it has taken different stands in different courts."

Court was referring to Senior Advocate Colin Gonsalves’s submission according to which Railways had said it we did have any policy for rehabilitation of slum dwellers who are evicted from Railway lines, however, in Ajay Makhan case in Delhi, Railway had said that it will abide by the policies that are similar.

The bench was hearing the plea challenging order of the Gujarat HC in a PIL directing eviction of over 10,000 slum dwellers living near the railway lines in the city of Surat, Gujarat alleging demolition without providing rehabilitation scheme is illegal and violates Article 21.

ASG KM Nataraj informed court that there is no such policy in place, "We'll work on this policy, at the same time request you to consider as this is the responsibility of the state government."

To which Justice Khanwilkar asked ASG KM Nataraj, "You can not take the different stand before different courts. Railways have said about the Delhi plan. You are still contemplating some plan. We'll issue you directions to work in line with the Delhi plan."

The bench noted in its order: "This was brought to our notice that before Delhi High Court the Railways has submitted that rehabilitation policy for Delhi will be adopted, not only that, SG appearing before this Court gave the assurance on 14 September 2020 that necessary rehabilitation plan would be framed shortly. On the other hand, the stand taken before Gujarat High Court was completely contrary. We call upon the Secretary, Ministry of Railways to give an explanation on the different stands taken before different courts, let this affidavit be filed through email.”

Case Title: UTRAN SE BESTHAN RAILWAY JHOPADPATTI VIKAS MANDAL Vs. GOVERNMENT OF INDIA AND ORS.