JUDGMENT :

SUNITA AGARWAL, C.J.

1. Heard Mr. Aum Kotwal, learned advocate for the petitioner, Mr. Ankit Shah, learned advocate for respondent No.1, Mr. Sanjay Udhwani, learned Assistant Government Pleader for respondents Nos.2 and 5 and Mr. Kaushal D. Pandya, learned advocate for respondents Nos.3 and 4.

2. By means of the present petition filed in the nature of Public Interest Litigation, the following reliefs have been sought:-

A. Your Lordship(s) be pleased to admit and allow this petition;

B. Your Lordship(s) be pleased to issue writ of mandamus and/or any order and/or any direction on that nature to consider the application of all the 361 slum dwellers by allowing them to pay deposit of Rs. 20,000/- and thereby enable them to participate in further allotment process interest of justice;

C. Your Lordship be pleased to issue writ of mandamus and/or any order and/or any direction on that nature consider the representations dated 26.12.2023 and 07.06.2024 made by Utran Se Besthan Railway Jhopadpatti Vikas Manal reflecting the concerns of all the 361 slum dwellers in interest of justice;

D. Your Lordship be pleased to issue writ of mandamus and/or any order and/or any direction on that nature to the authority(s) to consider the case of the 361 slum dwellers for schemes like JnURM where the terms are more relaxed and flexible as compared to the present Scheme in interest of justice;

E. Your Lordships be pleased to pass such other and further relief's that may be deemed fit and proper in the facts and circumstances of the case to meet the ends of justice.

3. The petitioner is espousing the cause of 361 persons who are stated to be slum dwellers / hutment dwellers against whom Western Railways initiated eviction proceedings in the year 2014.

4. A Writ Petition (PIL) No. 222 of 2014 was filed by the hutment dwellers on the property of Railways wherein the Division Bench of this Court passed the following order:-

“1. In present Public Interest Litigation Petition, Mr.R.N. Singh, learned counsel for the Respondent Western Railways has submitted that because of the interim order of status quo granted by the Co-ordinate Bench of this Court (Coram: Hon’ble The Chief Justice Mr. Bhaskar Bhattacharya and Hon’ble Mr. Justice J.B. Pardiwala) on 23.07.2014 at the instance of Petitioner Mr. Rizwan Ahmed Usmani who has now expired and he claimed to be General Secretary of the Gujarat Pradesh Congress Committee and also Member of All India Congress Committee, the Western Railways has not been able to implement the project of laying down and constructing the Surat-Udhna upto Jalgaon Third Railway Line Project, for which sum of Rs.2246.85 crore was sanctioned by the Government in 2018 and the length of the Third Line of Railway is approximately 10 kms. and requiring a width of 25 mtrs. all along.

2. He submitted that the said area at various spots in and around Surat-Udhna has been encroached by the Petitioner and his likes or persons whose cause be espoused without any semblance of right, title or interest in the land which admittedly belong to the Western Railways and because of this, the said Project of great public importance has been delayed causing enormous loss to the Western Railways and the country and also the general public interest which could have been served by laying the Surat-Udhna upto Jalgaon Third Railway Line Project for Goods which has not been fulfilled and that has caused transportation of incalculable financial and indirect national loss.

3. Mr. Dhaval G. Nanavati, learned counsel for the Respondent – Surat Municipal Corporation supported the arguments of Mr. R.N. Singh.

4. Mr. N.K. Majmudar, learned counsel appearing for the Petitioner and class of the persons, namely encroachers, has submitted that the Petitioner and persons whose cause he has raised in this PIL, are very poor people and they work on Railway Platforms and nearby areas and since they do not have regular housing facilities available to them, they were compelled to make