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48,000 Slum Dwellings Along Railway Tracks in Delhi to be Cleared in 3 Months, Orders SC

3rd Sep, 2020

Stating that no political interference can come in the way of clearing encroachments, the Supreme Court has ordered for removal of around 48,000 slum dwellings across the railway tracks in Delhi within three months.

In its order on August 31, which has been released now, the top court made it clear that the removal of these encroachments along 140km of tracks will have to be carried out in a phased manner and that no other court in the country will issue any order stopping this.

�The encroachments which are there in the safety zones should be removed within a period of three months and no interference, political or otherwise, should be there and no Court shall grant any stay with respect to removal of the encroachments in the area,� stated the order.

It added that if any interim order is granted by any other court with respect to encroachments along with railway tracks, such an order shall not be effective.

The bench, headed by Justice Arun Mishra, was dealing with the issue of piling up waste, heaps of plastic bags and garbage, lying along the railway tracks in the national capital.

It had in February asked the Environment Pollution (Prevention & Control) Authority (EPCA), Delhi government, and various Municipal Corporations to make a concrete plan for removal of the plastic bags, garbage and other waste materials lying on both the sides of railway lines.

Subsequently EPCA submitted its report, pointing out heaps of solid wastes lying along the tracks while Railways still had to comply with the waste management rules and come up with a concrete plan on removal.

On his part, Ashwani Kumar Yadav, Additional Divisional Railway Manager in Delhi Division, Northern Railways, also filed his affidavit highlighting encroachments in the form of around 48,000 jhuggies in Delhi along 140 km route length of track.

The officer�s affidavit added the Special Task Force for removal of encroachments from the Railway Property has also been constituted but no major action could be taken owing to political interventions and pressure.

At this, the bench recorded in its order: �The picture painted in the Report of the EPCA as well as in the reply filed by the Railways indicates that nothing has been done so far and waste is being piled up and at the same time, there is human habitation which has come in the same area unauthorisedly, which are required to be taken care of.�

It then issued a judicial order to ensure all encroachments could be removed by the Railways in three months without any external pressure.

The court also gave three months to Railways, Delhi government and the municipal authorities to clear all waste materials along the tracks, and to further ensure no contractor or other entity dumps the garbage there in future.

�70% of the requisite amount shall be borne by the Railways and 30% by the State Government. The manpower will be provided by the SDMC, Railways and agencies available with the Government, free of cost, and they will not charge it from each other,� said the bench, directing all authorities to submit the action taken report after a month.