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Slams Brakes on Railway's Slum Clearance Blitz
In a swift intervention, the has granted interim relief to nearly 6,000 slum dwellers living adjacent to Brace Bridge Railway Station , staying an aggressive eviction notice issued by . Justice Hiranmay Bhattacharya paused the 48-hour ultimatum on , questioning whether the railway followed mandatory eviction protocols under the .
Desperate Dwellers Challenge Railway's Heavy-Handed Notice
The flashpoint began with a notice dated , pasted on residents' walls, demanding they vacate the area near the station with their belongings within 48 hours. Filed by on behalf of the community, writ petition WPA 11040 of 2026 accused of bypassing legal safeguards. No individual notices under Section 4 of the 1971 Act were served, no hearings were held, and no estate officer orders were issued—steps required before any eviction.
Residents, many dependent on the station vicinity for livelihood, argued the move violated 's guarantees of shelter and life, especially without rehabilitation plans. The general notice targeted "all occupants" indiscriminately, invoking fears of a -led sweep.
Petitioner's Plea: 'No , No Eviction'
Led by Senior Advocate Bikash Ranjan Bhattacharya and a team including , , , and , the petitioners highlighted the notice's flaws. It vaguely referenced the 1971 Act but skipped its core procedures: show-cause notices, inquiries, and reasoned orders. Without these, they contended, the occupation couldn't even be classified as "unauthorised" under . The urgency—eviction in just two days—underscored the need for immediate judicial shield.
Railway Counsel Seeks Breathing Room
's advocates, and , appeared but requested time for instructions, as no formal respondent representation materialized despite service. The court accommodated this, regularizing Ghosal's brief appearance while issuing the stay.
Court's Sharp Scrutiny: Procedure Over Haste
Justice Bhattacharya zeroed in on irregularities. The notice wasn't personalized, referenced no prior orders, and demanded instant compliance—raising red flags on applicability of the 1971 Act and compliance with . Key questions: Does this qualify as "unauthorised occupation"? Was statutory eviction machinery engaged? The bench noted the petitioner's representative status for station-adjacent residents, framing it as a mass action sans .
No precedents were cited, but the ruling echoes broader judicial insistence on procedural fidelity in public land clearances, distinguishing blanket notices from lawful, individual-centric evictions.
Key Observations from the Bench
"though the notice refers to the , no proceeding as contemplated under the said Act was initiated for the purpose of eviction"
"it appears... that the same was not addressed to any particular person or group of persons but the same was directed against all the occupants... The notice also does not refer to any order passed under the provisions of 1971 Act"
"Whether the procedure prescribed under the relevant statute... has been followed or not, also has to be examined"
"There shall be an order of stay of operation of the notice dated till or until further order whichever is earlier."
Relief Granted, Hearing Looms
The court stayed the notice's operation until , or further orders, listing the matter for under "Fixed Matters." This limited reprieve buys time for the railway to respond, potentially averting a humanitarian crisis. Practically, it halts forced removals, reinforcing that public authorities can't sidestep statutes or constitutional rights—even against alleged encroachments. Future evictions on railway land may now demand stricter proof of process, bolstering slum dwellers' leverage in similar standoffs nationwide.
