Rizwan Ahmed Usmani vs Government Of India Thro Secretary & ... on 23 September, 2014
4. Mr. N.K. Majmudar, learned counsel appearing for the
Petitioner and class of the persons, namely encroachers, has
submitted that the Petitioner and persons whose cause he has
raised in this PIL, are very poor people and they work on
Railway Platforms and nearby areas and since they do not have
regular housing facilities available to them, they were compelled
to make their huts at various places on the said land belonging to
the Western Railways and their dislocation and displacement
from here will cause them loss of their source of livelihood and
shelter enshrined under Article 21 of the Constitution of India.
While submitting so, learned counsel for the Petitioner Mr.
Majmudar had no answer for the supervening public interest
involved in laying down the Railway Line, which cannot
obviously be twisted around the hutments of these people who
are represented by Mr. Majmudar. He suggested a via media
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C/WPPIL/222/2014 JUDGMENT DATED: 19/08/2021
RIZWAN AHMED USMANI vs. GOVERNMENT OF INDIA & 8 others
that this Court may consider directing some responsible officer
of the State Government to consider the cases of allotment of
houses or tenements under Pradhan Mantri Awas Yojana or
Chief Minister Awas Yojana to them and these people of this
class may be permitted to make their representations to the
Secretary, Urban Housing and Urban Development Department,
State of Gujarat.