The main legal point established is that eviction from public premises must follow due process of law, and public policies or guidelines cannot justify unlawful eviction.

JUDGMENT

1. The petitioner is a septuagenarian running a book stall from the Habra Railway Station platform on and from the year 1977 under the Eastern Railway. On June 11, 2004, vide Commercial Circular No. 19 of 2004, a Book Stall Policy was promulgated by the Indian Railways under which the petitioner continued to run his stall. Subsequently, vide Commercial Circular No. 61 of 2017 date September 5, 2017, a Multi-Purpose Stall (MPS) Policy was adopted by the Railways. Clause 5 of the same stipulated the tenure of allotment of all MPS to five years at all categories of stations subject to fulfillment of mutually agreed terms and conditions. It was further mentioned that there shall be no extension and renewal of the MPS units. However, the licensee can participate in the fresh bid, if otherwise eligible.

2. Clause 11.1 stipulates that no new allotment, renewal, extension of the book stall/table as specified therein would be done by the Railways as of then and all the existing stalls/trolleys, etc., shall be allowed for conversion into MPS as per the provisions of the Policy.

3. Clause 11.3 stipulates that the existing book stalls/tables as specified therein shall be given an option to convert to MPS subject to payment of licence fee as quoted by the prospective bidder for similarly placed MPS units at the station/platform. The tenure of five years shall commence from the date of conversion of existing stall into MPS.

4. The petitioner’s stall was converted and the petitioner continued to run the same. However, the licence of the petitioner ended on August 31, 2023. The petitioner deposited extended licence fee of Rs. 6631/- as per the Rules for the period of 90 days with effect from September 01, 2023 to November 29, 2023. Wishing a renewal of the licence, the petitioner expressed his agreement in that regard, for a renewal from November 30, 2023 for a period of five years till December 29, 2028.

5. However, on November 24, 2023, the Assistant Commercial Manager, on behalf of the Senior Divisional Commercial Manager, Eastern Railway, Sealdah wrote to the petitioner that as per the Railway Board’s guidelines and approval of Competent Authority, 90 days?extension had been granted after completion of the five years?tenure from March 25, 2020, to June 22, 2020 due to Covid Pandemic and lastly, the MPS licence was extended till November 29, 2023. But it was reiterated that the same would expire on November 29, 2023 and the petitioner was requested to remove his belongings to vacate the MPS and close it on and from November 30, 2023. The petitioner was advised to remove the structure within seven days from the date of receipt of the letter, threatening legal action as per extant provision without further reference on the failure of the petitioner to do so.

6. The petitioner wrote on December 01, 2023 requesting the Railway Authorities to recall its letter and reiterating his offer of extension. The petitioner, being aggrieved by the Notice dated November 24, 2023, also preferred the present writ petition. The Railway Authorities, however, evicted the petitioner despite such challenge without due process of law. The petitioner seeks a status quoante in view of the high-handed action of the Railway Authorities without following due process of law.

7. Learned counsel for the petitioner cites State of West Bengal and others Vs Vishnunarayan & Associates (P) Ltd. and another, reported at (2002) 4 SCC 134 for the proposition that in the absence of specific statutory provision a person cannot be evicted on the ground of public interest by force by the State without following due course of law.

8. Learned counsel for the petitioner submits that the petitioner could at best be evicted by due process of law upon initiation of proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as “the 1971 Act”) but was forcibly ousted from the disputed property.

9. Learned counsel appearing for the Railway A