WP(C)/7892/2015 of BIRAJ GOGOI and 64 ORS Vs THE UNION OF INDIA and 2 ORS on 23 December 2015

Conclusion

WP(C) 7892/2015BEFORE

HON’BLE MR. JUSTICE SUMAN SHYAM

Heard Mr. N. Haque, learned counsel appearing for the petitioners. Also heard Mr. A. K. Sarkar, learned Standing counsel, N.F. Railway.

Being aggrieved by the eviction notice dated 04.12.2015, issued by the Estate Officer, N.F. Railway asking the petitioners to vacate the railwayland under their occupation within a period of 15 days, the writ petitioners are before this Court seeking protection in the matter.

Mr. Haque, submits that the petitioners are not denying the fact that the land belongs to the N.F. Railway. However, this being the exam season and considering the fact that the petitioners have been residing over the said plot of land since more than 30 years, hence, some time may be given to the petitioners to vacate the aforesaid land.

Mr. Haque, therefore prays for 6 (six) months time to be given to the petitioners for the aforesaid purpose.

Resisting the aforesaid prayer of the petitioners Mr. Sarkar submits that this being railway land the same is urgently required for the purpose of use and utilizing by the railway department in public interest. As such, further delay in the matter would upset the ongoing work carried out by the railway authority involving the aforesaid land.

I have considered the submissions made by the learned counsel fo r the parties.

Having regard to the facts and circumstances of the case in its entirety, I am of the view that ends of justice would be met if some reasonable time is granted to the petitioners to vacate the railway land presently under their occupation. As such, time is granted till 01.04.2016 to the petitioners to vacate the railway land under their occupation. It is, however, made clear that if the petitioners fail to vacate the land within the aforesaid date, then the railway authority would be entitled to evict them without issuance of any further notice.

With the above observation, this petition is disposed of.