JUDGMENT

Parth Prateem Sahu, J. - Since all the three writ appeals are arising out of common order dated 28.01.2016 passed by learned Single Judge in Writ Petition (C) Nos.810 of 2015 and 1893 of 2015, they were heard together and decided by this common judgment.

2. Brief facts for disposal of these appeals are that the Appellants have raised construction on land situated at Bapu Nagar Area, Ward No.64, Bilaspur, which belongs to Indian Railways. The Appellants have constructed accommodations over the encroached lands. The Respondent-Railways had issued notice on different dates for removing unauthorized constructions over the Railway property. The issuance of notice for removing unauthorized constructions over the Railway property made the Petitioners to approach the High Court by way of filing the writ petitions under Article 226 of the Constitution of India with following reliefs:-

"10.(1) Issue a writ of prohibition or any other appropriate writ directing the respondents to not to demolish the houses of the petitioner and not to evict the petitioners from their land in possession.

10.(2) Pass an order directing the respondents to regularize the holding of land possession by way of grant of patta under different scheme of the government.

10.(3) Pass a writ of mandamus directing the respondent to provide the petitioners a just and proper rehabilitation to a suitable place of residence.

10.(4) Pass any other order as the Hon'ble Court in view of special facts and circumstances mentioned above in the interest of justice."

3. The Respondent-Railways after receiving notice of writ petitions submitted their reply. The writ Court after hearing counsel for the respective parties disposed off the writ petitions mentioning therein that Petitioners who are encroachers have no vested right over the encroached lands or to have a claim of regularization of encroachment. But looking to the facts and circumstances of the case as well as several schemes of Government for providing residential accommodation to poor and downtrodden homeless persons in urban and rural areas, issued following directions :

The Railways are entitled to proceed to evict the Petitioners by removing encroachment and/or demolishing illegal construction made by the Petitioners on Government land/Railway land.

The Petitioners may apply for allotment of the houses under different Government schemes like 'Atal Awas Yogna' etc. and on such application being made, the Government may deal with the same in accordance with its own policy, as and when such accommodation is available. However, pendency of the Petitioners' application for allotment under any Government scheme would not come in way of Railways in evicting the Petitioners."

4. Dissatisfied with the disposal of writ petitions and observations made therein by the learned Single Judge, Appellants have approached this Court by way of filing these writ appeals.

5. Learned counsel for the Appellants submitted that Appellants are very poor persons and most of them belong to members of reserved class community. He further submitted that most of them were engaged as Safai Karmacharis or doing labour works and residing there for last more than 60 years after construction of small accommodation over the lands, which is said to be a Government land owned by the Railways. He further submitted that Railway being one wing of Central Government, therefore, the Central Government and as also the State under whose territorial jurisdiction Appellants are residing, have an obligation to provide house and shelters to homeless citizens, like petitioners before evicting them holding the construction to be unauthorized over encroached Government land. He further submitted that at present, there is a scheme framed by the Central Government as 'Pradhan Mantri Awas Yojana', which is to be implemented by the State Government through local bodies. He further submitted that in pursuance to the order passed by the learned Single Judge, App