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The Supreme Court on Friday asked Gujarat slum dwellers to approach appropriate authority over the issues being faced by them while making applications under Pradhan Mantri Awas Yojna for rehabilitation post demolition of their slum near railway lines in Surat, Gujarat.

A bench of Justice AM Khanwilkar and Justice CT Ravikumar said, "There has to be some solution, you cannot come to us without reaching out to the authorities."

Senior Advocate Colin Gonsalves appearing for the slum dwellers submitted that "the authority is asking for Income Tax Certificates and our incomes are less than taxable income."

However, the bench ordered that "Mr. Gonsalves on instructions submits that some of the desirous persons are being denied on the insistence of the authorities on certain documents required in the Pradhan Mantri Awas Yojna." The bench further asked the petitioners to reach out to the authority to find a solution for the issue.

In addition to this, the bench has also asked the Additional Solicitor General KM Nataraj to file its status report before the next date of hearing while listing the same for March 21, 2022.

The bench was hearing a plea challenging order of the Gujarat High Court in a Public Interest Litigation (PIL) directing eviction of over 10,000 slum dwellers living near the railway lines in the city of Surat in Gujarat, alleging that demolition without providing a rehabilitation scheme is illegal, and violates Article 21.

Background:

Over the issue of rehabilitation policy, ASG KM Nataraj had informed court that there is no such policy in place. He said, "We'll work on this policy, at the same time request you to consider as this is the responsibility of the state government."

The government of Gujarat has informed the bench that every possible effort is being made for the rehabilitation of these slum dwellers, the petitioners will be provided rehabilitation under the PM Awas Yojana.

To which Justice Khanwilkar asked ASG KM Nataraj said, "You can not take the different stand before different courts. Railways have said about the Delhi plan. You are still contemplating some plan. We'll issue you directions to work in line with the Delhi plan."

The bench noted in its order: "This was brought to our notice that before Delhi High Court the Railways has submitted that rehabilitation policy for Delhi will be adopted, not only that, SG appearing before this Court gave the assurance on 14 September 2020 that necessary rehabilitation plan would be framed shortly. On the other hand, the stand taken before Gujarat High Court was completely contrary. We call upon the Secretary, Ministry of Railways to give an explanation on the different stands taken before different courts, let this affidavit be filed through email.”

Cause Title: Utran Se Besthan Railway Jhopadpatti Vikas Mandal vs Government of India & Ors