'No hawker eviction this month', orders Calcutta HC in Raliway land encroachment case

The Calcutta High Court on Wednesday directed the Railways to identify and consider alternative sites before carrying out any eviction of hawkers operating near railway stations. Hearing a batch of 25 petitions related to eviction drives at multiple stations, the court also ordered that no eviction action be taken for the time being and sought detailed information regarding the affected locations. The matter was heard by Justice Hiranmay Bhattacharyya.

The petitions relate to eviction notices issued to hawkers and shopkeepers at stations including Ballygunge, Bamangachi, Baruipur, Dankuni, Guma, Bangaon, Durganagar, Mathurapur and Jadavpur. During the hearing, the court directed the Railways to issue prior notice before evicting individuals who had earlier been permitted to occupy the space. The court also asked the Railways to conduct physical verification of the land where eviction notices had been served and submit a report clarifying ownership of the disputed sites.

Counsel representing the petitioners argued that the ongoing eviction drives were affecting the livelihood of thousands of families dependent on small businesses operating on or near railway land. It was submitted before the court that several occupants had been conducting business for decades, while some families in Baruipur had been residing and operating with railway licences since 1995. The petitioners also alleged that some notices issued to occupants lacked dates and signatures.

During the proceedings, the court questioned whether encroachments on railway land and platforms could remain indefinitely and sought clarification on whether licensed occupants had also been removed. The petitioners' counsel stated that in several locations, eviction drives were being conducted following passenger complaints and that notices had been served even in areas located some distance away from station premises.

Representing the Railways, counsel Dheeraj Trivedi submitted that notices had been issued in 1881 requiring occupants to deposit the minimum price to acquire the land and that no payment had been made. Following submissions from both sides, the court directed the Railways to examine issues relating to alternative arrangements and land ownership while maintaining a temporary pause on eviction action during the current period.