The Calcutta High Court has ordered a halt to the eviction of railway slum dwellers and hawkers. No eviction operations may be carried out until June 30. On Wednesday, Justice Hiranmay Bhattacharyya of the Calcutta High Court issued a stay order on the eviction notice.
At the same time, the High Court directed the railway authorities to submit an affidavit. The court’s attention was drawn to the eviction of slums and hawkers from railway land at several stations across the state—including Jadavpur, Brace Bridge, Mathurapur, Konnagar, Ballygunge, Bamangachhi, Guma, Bongaon, and Durganagar.
Hearings on this anti-eviction case have been underway since May 15. Just as the CITU, hawkers’ associations, and slum dwellers’ organizations have taken to the streets to oppose the eviction, they have simultaneously joined the legal battle in court.
The eviction of hawkers using bulldozers began immediately after the BJP government assumed power in the state. Agitating organizations have demanded that no evictions take place without adequate rehabilitation. Following the Calcutta High Court’s directive, CPI(M) leader Srijan Bhattacharya remarked, “Upon coming to power, Chief Minister Suvendu Adhikari placed the utmost emphasis on the use of bulldozers. Yet, regarding the livelihoods of the poor, this very Suvendu Adhikari had stated at various rallies that hawkers could not be evicted anywhere without rehabilitation.” The BJP had opposed evictions; yet, upon assuming power, the Chief Minister has launched an eviction drive. Left-wing organizations, alongside hawkers and slum dwellers, have taken to the streets to protest this ruthless eviction. Their sole demand is that slum and hawker evictions cannot be carried out without proper rehabilitation. The state government must take the initiative to resolve the issue through dialogue, and the railway authorities must come to the negotiating table.
Appearing for the petitioners in court, lawyer Bikash Ranjan Bhattacharya stated, “The notice issued by the Railways did not mention the name of any specific individual; it merely ordered the evacuation of the area as a whole. There are 6,000 families residing on railway land adjacent to Brace Bridge. A market has existed in the Konnagar area for years, and poor people live there. Bulldozers cannot simply be sent in under the cover of darkness. This inhumane eviction drive must be stopped.”
During the arguments, Bhattacharya submitted that the issue of the right to housing and livelihood—under Article 21 of the Constitution—was also brought to the court’s attention. The petitioners contended that attempts were being made to evict thousands of people without any clear rehabilitation plan, a move that raised questions on both humanitarian and legal grounds.
During the hearing, Justice Hiranmay Bhattacharyya clarified that the eviction process must be carried out in accordance with the law. An eviction order cannot be issued in this manner without serving notice to the individuals concerned, providing an opportunity for a hearing, or issuing a specific notice from the railway authorities. When the Railways sought time to submit relevant documents, the court directed that the eviction process remain suspended until June 30.
Lawyers Shamim Ahmed, Bikram Banerjee, and Sudipta Dasgupta assisted Advocate Bikash Bhattacharyya in court today.
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