Authority: Calcutta High Court, Civil Appellate Jurisdiction
Order Date: 03.09.2026
Case Overview
- Parties: Appellants – Alok Chakraborty and others, represented by the Chandanpur Bazar Railway Premises Shopper Cooperative Society Limited (appellant No. 2); Respondents – Union of India and other railway authorities.
- Nature of proceedings: Appeal (MAT 1294 of 2025) against a writ court order that dismissed the appellants' writ petition challenging an eviction notice issued by railway authorities.
- Background: The appellants, representing hawkers occupying railway land at Chandanpur Railway Station, previously filed two writ petitions. The first resulted in a stay of an eviction notice and a direction to consider their representation. The second led to a speaking order on 17 Oct 2023 stating the appellants could not submit authentic documents and that the West Bengal government had no right to register their cooperative society for business on railway premises.
- Subsequent actions: On 01 Aug 2025 the railway authorities issued an “eviction cum show cause notice” demanding removal of all structures by 18 Aug 2025, allegedly without providing a hearing.
- Legal arguments: Appellants relied on Sections 4 and 5 of the West Bengal Public Premises (Eviction of Unauthorized Occupants) Act 1971 and argued that natural‑justice norms were violated. They also cited a 21 Feb 2006 communication from the Divisional Engineer (ARBN)/Howrah requesting proper documents for cooperative registration, and a 09 Jan 2007 letter from the Assistant Registrar of Cooperative Societies, Hooghly, indicating a “no‑objection” certificate from the railways was required but never issued.
- Railway authorities’ reliance: Cited judgment in WPA 18248 of 2024 (Single Judge) and its affirmation by a Division Bench (21 Aug 2024) and the Supreme Court (28 Mar 2025), holding that Section 147 of the Railways Act 1989 permits removal of trespassers without resort to the 1971 Act. Also referenced G. Phalaguna vs. General Manager (2006) and Subrata Ghosh vs. Union of India (2019) supporting the same view.
- Statutory provisions: Section 147(1) penalises unauthorised entry or refusal to leave railway property; Section 147(2) empowers any railway servant (or person called by them) to remove such persons, with no statutory prerequisite of a notice. Section 2(31) of the 1989 Act defines “railway” to include land within railway boundaries.
Final Outcome
- The Court dismissed the appellants’ writ petition, upholding the eviction notice dated 01 Aug 2025 as valid under Section 147(2) of the Railways Act 1989.
- The phrase “show cause notice” in the eviction notice was deemed surplusage; the notice merely informed encroachers of removal.
- The appeal (MAT 1294 of 2025) was dismissed on contest, affirming the order dated 08 Aug 2025 passed in WPA 18067 of 2025.
- The Court granted the appellants and their members a further 90 days from the date of judgment to vacate the railway premises; failure to do so will allow the railway authorities to take appropriate removal steps.
- No order as to costs was made.
- Parties may obtain urgent photostat certified copies of the judgment upon compliance with formalities.
Topics: Eviction, Railway Law