Question : Rail Accidents due to Encroachment

(a) whether the Government is aware that several serious accidents take place every year due to encroachment of land adjacent to railway tracks in the country and if so, the details thereof;

(b) whether the Government has prepared any concrete norms/guidelines to remove the said encroachments of land in all the States of the country including Uttar Pradesh in view of maintenance of hygiene and safety;

(c) if so, the details thereof and if not, the reasons therefor;

(d) whether the Government proposes to introduce a Bill in this regard so that a strict law may be enacted to remove all encroachments including hundreds/thousands of slums/jhoparies located besides the railway tracks; and

(e) if so, the details thereof?

MINISTER OF RAILWAYS AND COMMERCE & INDUSTRY

(SHRI PIYUSH GOYAL)

(a): As per train accidents data available for the last 5 years, no consequential train accident has occurred on account of encroachment on Railway land as per the findings of the inquiry conducted therein.
(b) & (c): Railways carry out regular surveys and take action for removal of encroachment in zonal railways which includes encroachment on railway land in Uttar Pradesh also. If the encroachments are of temporary nature (soft encroachment) in the shape of jhuggies, jhopries and squatters, the same is got removed in consultation and with the assistance of Railway Protection Force and local civil authorities. For old encroachments, where party is not amenable to persuasion, action is taken under Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PPE Act, 1971). Actual eviction of unauthorized occupants is carried out with the assistance of State Government and police.

(d) & (e): For removing encroachments located besides railway tracks, Public Premises (Eviction of Unauthorised Occupants) Act, 1971 already exists. However, for more effective dealing with the encroachments on Government land, Ministry of Railways, in agreement with Ministry of Law & Justice, has advised to Ministry of Urban Development amendment in Section-11 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PPE Act, 1971) by insertion of Section-10-A as under:
“Section 10A - The Estate Officer may, in appropriate cases, refer the matter to the State authorities for eviction of unauthorized occupants and destruction and removal of unauthorized construction, etc. and on receipt of such reference from Estate Officer, State Authorities shall take appropriate action/measures for eviction of unauthorized occupants and destruction and removal of unauthorized construction, etc. within the time specified by the Estate Officer.”

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