Railways land encroachment in Gujarat: Being below poverty line no excuse to not abide by law, says Supreme Court

Surat-Udhna to Jalgaon Railway line project in Gujarat was still incomplete because of the unauthorised structures standing on the Railway property to the extent of 2.65 kilometres

The Supreme Court Thursday said that being below the poverty line is “not an exception” to not abide by rule of law which has to be adhered to by all concerned.

While hearing a matter relating to encroachment on Railway land in Gujarat, the apex court observed that when the Constitution recognises rule of law, it has to be adhered to, by one and all.

The counsel appearing for the petitioner told a bench of Justices A. M. Khanwilakar and J B Pardiwala that some time be given to the eligible applicants, who have been affected by the removal of encroachment and would be rehabilitated as per the ‘Pradhan Mantri Awas Yojana’, to pay installment for the accommodation to be given to them.

“Whatever has been done is already an indulgence shown to all these persons. They were rank trespassers occupying Railway property,” the bench said.

The petitioner’s counsel said that these persons are below the poverty line.

“When Constitution recognizes rule of law, it has to be adhered to by one and all. Below poverty line is not an exception not to abide by rule of law,” the bench said, adding that several persons are there who are below the poverty line.

The bench said the petitioner can approach the authority and if they have the power to extend the time under the scheme, they would consider it.