By Arun Pratap Singh
Garhwal Post Bureau
NAINITAL, 27 Jun: Uttarakhand High Court has ruled that unauthorised occupants of Railway land cannot be evicted merely on the basis of a general administrative notice without following the due process of law. The Single Bench of the court comprising of Justice Manoj Kumar Tiwari observed that even those in unlawful possession cannot be removed without compliance with the legal procedure, and any attempt to dispossess them without judicial sanction amounts to violation of constitutional and human rights.
The case arose from a petition challenging a notice issued by the Senior Section Engineer (Works), Northern Railway, Dehradun, directing the ‘encroachers’ to vacate land at Jharipani in Mussoorie within thirty days. The petitioners claimed ownership of the property and argued that the notice was affixed to their homes without giving them an opportunity to present their case.
The court held that eviction from established possession can only be carried out pursuant to an order of a competent court after hearing all parties and examining the merits. It emphasised that even a trespasser or tenant in possession cannot be forcibly removed without judicial approval. The disputed notice dated October 5,2023 was found to have been issued outside the framework of law and was therefore invalid.
Quashing the notice, the court clarified that the Railway administration remains free to initiate appropriate proceedings against unauthorised occupants, but only by adhering strictly to the legal process.
