RASHIDABANU NAZIR SHAIKH Vs. CENTRAL RAILWAYS

JUDGEMENT

(1.) By way of this Special Civil Application under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :

(2.) The case of the petitioners is that the petitioners are residing at the address mentioned in the cause title since about more than 35 years and are belonging to lower middle class of society. The petitioners are possessing the rent receipts as well as the tax bills, which are being regularly paid to the respondent- Corporation and are also having Adhar Card. The fact regarding payment of electricity bill in all these petitioners, majority of them are senior citizens residing with their families. The Public Notice dated 06.02.2020 has been pasted on the house, indicating the petitioners to vacate the premises within 20 days or else the respondent No.1-Railway Authority will demolish the portion, which is offending. The case of the petitioners that though the public notice was issued but no individual notices have been issued to the petitioners. On the contrary, petitioners are provided with electricity connection having drinking water facility and in view of the fact that petitioners are residing since number of years, opportunity of hearing ought to have been given. As a result of this, by way of this petition, a challenge is made to the public notice dated 06.02.2020.

(3.) As against this, learned advocate Ms. Archana U. Amin appearing on behalf of the respondent No.2 contesting party has submitted a detailed affidavit-in-reply indicating that these petitioners have extended their construction beyond the Railway Polls whereon WR is written. The petitioners have crossed the boundary limits and entered into the Railway premises for which, they have got no right whatsoever. Merely because the petitioners are residing for quite some time, would not give licence to them to continue over the property for which they have absolutely no right. From the detailed affidavit, few observations contained therein are quoted hereunder: