Abdul Mateen Siddiqui Petitioner(s) v. Union Of India And Others (s).

1. Applications for permission to file SLPs are allowed.

2. Applications for exemption from filing official translation and c/c of the impugned judgment and permission to file lengthy list of dates and additional documents/facts/annexures are allowed.

3. We have heard learned counsel for the parties.

4. Learned ASG has emphasized the need of the Railways but the moot point to be considered would be the stand of the State Government also as to whether the complete land is to vest in the Railways or the State Government is claiming a part of the land.

5. Apart from that, there are issues of occupants claiming rights in the land as lessees/auction purchasers. We have cavil to the way the directions have been passed in the impugned order as there cannot be uprooting of 50 thousand people overnight within seven days. We do believe that a workable arrangement is necessary to segregate people who may have no rights in the land and those who have but to be removed but coupled with schemes of rehabilitation which may already exist while recognizing the need of the Railways.

6. We have put to learned ASG that look may be had to the methodology of achieving the purpose of the requisite land being made available to the Railways coupled with the rehabilitation of the persons in the area.

7. In pursuance to the earlier Supreme Court orders, proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act have been taken up and have culminated in orders. Some appeals are stated to be pending but without stay. Those proceedings will go on.

8. Issue notice.

9. Learned ASG accepts notice on behalf of the Railways.

10. Mr. Jatinder Kumar Sethi, Deputy Advocate General who has joined the proceedings virtually accepts notice for the respondent State.

11. In the meantime, there shall be stay only of the directions passed in the impugned order(s). That has also to be coupled with complete restraint on any further occupation of land and/or construction whether by the existing occupants or by anyone else.

12. List on 07.02.2023.