Lok Sabha Question No. 1980 (UNSTARRED), answered on 2019-07-03
Subject: Rail Accidents due to Encroachment
Ministry: RAILWAYS
Asked by: Upendra Singh Rawat, Kaushal Kishore

## GOVERNMENT OF INDIA

## MINISTRY OF RAILWAYS

## LOK SABHA UNSTARRED QUESTION NO. 1980 TO BE ANSWERED ON 03.07.2019

## RAIL ACCIDENTS DUE TO ENCROACHMENT

† 1980. SHRI UPENDRA SINGH RAWAT: SHRI KAUSHAL KISHORE:

Will the Minister of RAILWAYS be pleased to state:

- (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?

## ANSWER

## 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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