In a petition on rehabilitation of 75 evicted slum dwellers for the Mumbai-Ahmedabad bullet train project, the state, Ahmedabad Municipal Corporation (AMC) and bullet train authorities submitted before the Gujarat High Court that the evicted persons cannot be considered “project affected”. Is. and are not entitled to benefits under the Rehabilitation and Rehabilitation Policy.
The Public Interest Litigation (PIL) filed by Ahmedabad-based trade union Bandhan Mazdoor Sangathan had highlighted that the slum at JP Ni Chali in Sabarmati area came into existence in 1991 with migrants from different districts and 68-70 slums had increased. With a population of 350 by 2021.
Residents were first attempted to be evicted by state and railway authorities in 2018 for the bullet train project. However, as submitted by advocate Hetvi Patel, representing the petitioner union, in 2018, the National High Speed Railway Corporation Limited (NHSRCL) came to survey the area and the slum dwellers were given verbal assurances that they would not be allowed to vacate. will not be asked to do so. land until they were rehabilitated.
The agency gave numbers to 48 slums and took pictures with residents’ homes. It also assured residents that they would be allotted houses under the Pradhan Mantri Awas Yojana or the state’s policy for affordable housing.
However, between 2018 and 2021, no resettlement process was carried out and the residents continued to live in the place where they had been living for 30 years.
In February this year, they were issued a common notice by the railway administration to vacate the site in seven days, following which residents made representations to various authorities. On 15 March, the railway administration began demolishing the settlements, leaving 318 people homeless.
In a June 30 order, the Gujarat HC directed the Ahmedabad district administration to conduct an exercise in accordance with the provisions of the Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Rehabilitation (RFCTLARR) Act, 2013 to determine eligibility and eligibility . Rehabilitation by giving all stakeholders a fair opportunity of being heard. The state submitted in an affidavit that there were 18 slum dwellers on the alignment line of 22 square meters of land which was “given to NHSRCL”.
The state government has now submitted that no resident is liable for any benefits under the resettlement policy. The Ahmedabad Municipal Corporation (AMC) has also said that it does not have any policy for the rehabilitation of slum dwellers living on railway land. Western Railway has also stated that they do not have any rehabilitation policy for them.
NHSRCL, the executing authority of the bullet train project, has submitted that while there are 18 slums on the alignment of the project, they will not be liable for rehabilitation as they were not residing at the site before 2017, which is as per the NHSRCL policy. , is considered as the cut-off date to be eligible for the Special Rehabilitation Policy.
Referring to satellite images from 2015 to 2021, Patel submitted that the images show the presence of 18 huts at the site, and argued that NHSRCL’s submission is “not factually correct”.
State counsel, public prosecutor Manisha Shah on Tuesday submitted that the land “belongs to the Railway Authority which it is giving to NHSRCL” and the provisions of the RFCTLARR “say that the question of rehabilitation comes when the land is acquired”. .
Stating that the residents do not have any established rights over the land, Shah submitted, “… no acquisition is taking place, R&R (Resettlement and Rehabilitation) does not come… Railway officials may consider whether they can give them some alternative arrangement… Railway officials have filed an affidavit stating that there are frequent encroachments on railway lines so from time to time they have a drive every 2-3 years, Where they remove encroachments. Unfortunately, sometimes, most of them come back…”
“As far as AMC is concerned, they say we have rehabilitation… but you don’t come under R&R policy… they are not project affected… railways says (for encroachment) on railway lines “We do not give alternative accommodation as it is a regular feature (of encroachment) that we see,” Shah said.
However, the petitioner’s counsel submitted that three others – one running a tea stall and two others running small stalls – at a distance of 50 meters from the slums, were deemed fit for the Rehabilitation and Rehabilitation Policy by NHSRCL, arguing that Giving that 18 huts should also be eligible for benefits.
The Bench directed the petitioner to supply a copy of the notification of NHSRCL to the three other persons for rehabilitation and eligibility for rehabilitation and sought the representation of the respondent. The court is likely to consider the matter for next hearing on November 18.
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