M/S. South Bengal Automobiles & ... vs Union Of India & Ors
2022 Latest Caselaw 4227 Cal

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14.07.2022

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

W.P.A. No. 22570 of 2016 with C.A.N. 2 of 2021

M/s. South Bengal Automobiles & Anr.

-vs.-

Union of India & Ors.

Mr. Sarajit Sen, Mr. Sasanka Kumar Mondal ...for the petitioners

Mr. Billwadal Bhattacharyya, Mr. Amal Kumar Dutta ...for the U.O.I.

Affidavit-in-opposition and affidavit-in-reply filed by

the parties today be kept on record.

Learned counsel appearing for the petitioners

contends that the purported notice dated November 23,

2015, which has been impugned in the present writ

petition, was issued by the South Eastern Railway beyond

their authority.

It is submitted that although Section 147(2) of the

Railways Act, 1989 stipulates that any person referred to

in sub-section (1) of Section 147 may be removed from the

railway property by any railway servant or by any other

person whom such railway servant may call to his aid, the

said provision cannot confer unbridled power on the

railway-authorities to evict the occupant without

ascertaining the questions as to whether the ingredients of

sub-section (1) of Section 147 of the 1989 Act are properly

met.

Moreover, it is contended that even if Section 147(2)

of the 1989 Act enables the railway-authorities to take

steps for removal, such removal has to be in consonance

with the provisions of the Public Premises (Eviction of

Unauthorized Occupants) Act, 1971.

Learned counsel appearing for the Union of India

controverts such submissions and relies on a coordinate

Bench Judgment of this Court, reported at (2013) 5 CHN

93 (Dhurjati Prosad Das vs. Union of India and Others) for

the proposition that Section 147(2) permits use of

reasonable force for the railways to remove unauthorized

persons in occupation, although the term "force" has not

been specifically used in the said section.

However, learned counsel appearing for the Union of

India seeks further time to take proper instructions.

Accordingly, let the matter stand adjourned till

August 02, 2022.

(Sabyasachi Bhattacharyya, J.)