Nainital: The High Court of Uttarakhand has ruled that the Railway cannot evict people from allegedly encroached railway land without following the procedure established by law. The Court held that even if an occupation is alleged to be unauthorized, no person can be dispossessed solely on the basis of a routine administrative notice without due legal process.
A single bench of Justice Manoj Kumar Tiwari delivered the judgment while hearing a case relating to the Jhadipani area of Mussoorie. The petitioners had challenged an eviction notice issued by the Senior Section Engineer (Works) of Northern Railway, Dehradun.
The petitioners claimed ownership of the disputed property and argued that the Railway had pasted eviction notices on their houses directing them to vacate the land within a specified period without giving them an opportunity to present their case.
During the hearing, the High Court observed that no individual can be forcibly removed from immovable property—even if alleged to be an encroacher—without following due process of law. The Court emphasized that even a property owner cannot take the law into their own hands and that an established possession can only be disturbed through an order of a competent court.
The Court explained that “due process of law” requires providing the affected parties with an opportunity to be heard, examining all relevant facts before a competent judicial authority, and issuing an eviction order only after completing the legal process.
The bench further held that the Railway’s notice dated 5 October 2023 had not been issued under any statutory procedure. Consequently, the administrative direction requiring the occupants to vacate the land within 30 days could not be sustained in law.
Accordingly, the High Court quashed the eviction notice while clarifying that if the land is found to be under unauthorized occupation, the Railway remains free to initiate fresh proceedings strictly in accordance with the law.
