Bilaspur: In a significant ruling, the High Court has stated that before removing any illegal occupant from government or railway land, it is mandatory to serve them a notice citing clear reasons, in accordance with the law. Consequently, the Court dismissed the writ petition filed by the South East Central Railway (SECR) challenging a District Court order. The SECR had issued an eviction order under the Public Premises Act, 1971, against a resident of the local Budhwari Bazaar in Bilaspur, deeming him an illegal occupant of railway land. An appeal against this order was filed in the District Court. On May 15, 2026, the District Court allowed the occupant’s appeal, set aside the railway’s eviction order, and remanded the matter back to the competent authority.
The District Court had directed the railway to issue a proper and clear notice under Section 4 of the Railways Act and to decide the matter afresh in accordance with the law. The railway challenged the District Court’s decision in the High Court. Representing the railway, Additional Solicitor General for the Central Government, Ramakant Mishra, argued that the District Court’s order was entirely flawed. He contended that a formal notice under Section 4 had been duly served upon the occupant, yet despite being given ample opportunity, he failed to present any evidence in his defense. The railway maintained that the individual remained in illegal possession of the land and that remanding the case would cause unnecessary delay in the proceedings.
After examining the case records and the District Court’s order, the High Court rejected the railway’s arguments. The Court noted that, following a detailed scrutiny of the records, the District Court had found the initial notice issued by the railway to be legally defective because it lacked any mention of the grounds or reasons for the proposed eviction. In its judgment, the High Court observed that even if the concerned party failed to produce evidence, it is a fundamental principle of natural justice that a notice stating valid and clear reasons must be served before passing a penal order against anyone.
