Rlys-state impasse continues

July 20: The railways today reiterated before the Bombay High Court that they would remove encroachments in their respective safety zones ...

July 20: The railways today reiterated before the Bombay High Court that they would remove encroachments in their respective safety zones by December regardless of a rehabilitation plan or the Mumbai Urban Transport Project MUTP-II.

Deposing before a division bench of Chief Justice B P Singh and N J Pandya, counsel for the railways, Additional Solicitor General S B Jaisinghani said, 8220;Who is the state to tell us what to do? I am going to throw them out not because of project, but because it is a law and order problem. My trains can8217;t run well, its speed reduced and we are running less trains. There is pelting of stones and commuters have lost their eyes. This public interest litigation should not move at a snail8217;s pace as time is of essence.8221;

The bench is hearing a public interest litigation filed by Citizens for a Just Society, which had urged the judiciary to intervene in the removal of encroachments adjacent to railway lines which has become hazardous for commuters and slowed down trains. The court on June 7, had ordered the removal of encroachments and had sought to know at today8217;s hearing if the state can remove the encroachments from the safety zone.

The bench sought to know when the railway land will be cleared. Jaisinghani replied that during the last hearing, both the Central and Western railways had filed affidavits saying they would clear the encroachments by December. 8220;We are not doing it suo motu but because this court has directed us to remove them. It is our land and we shall remove them lock, stock and barrel,8221; Jaisinghani thundered.

State Advocate General G Vahanvati asking for time to consult the state said, 8220;We are confronted with the World Bank agreement for commercial expansion of railways. We have to find funds for MUTP. The World Bank policy worldover is that a human face should accompany rehabilitation. I would like to communicate with the state government on the matter in view of Jaisinghani8217;s submission.8221; Vahanvati added that the World Bank would not fund the commercial expansion of railways unless the rehabilitation is done of project-affected persons. He said state chief secretary has spoken with the chairperson of the Railway Board to file an affidavit seeking response on the status of the MUTP-II. The court has granted a week8217;s time for the state to seek instructions on the issue. The matter has been posted for July 26.

However, Jaisinghani derided the agreement saying, 8220;It does not deserve a second glance. It is a worthless agreement, immaterial, inconsequential to this petition. The lands belongs to us. These are not project-affected persons but project affecting persons.8221;

Earlier counsel for the Indian Railway Slum Dwellers Federation and Society for Promotionof Area Resources SPARC pleaded that a time-bound schedule be fixed for the removal of the slums on the railway property.8220;It will serve the interest of all if its happens in a peaceful manner.8221;