Division Bench affirms that Section 147(2) of Railways Act, 1989 empowers railways to evict trespassers from railway land without following West Bengal Public Premises Act, while adhering to natural justice; grants 90-day extension to appellants to vacate premises
In a significant judgment delivered on September 3, 2026, the Division Bench of the Calcutta High Court, comprising Justices Sabyasachi Bhattacharyya and Sandip Kumar De, dismissed the writ petition filed by Alok Chakraborty and others challenging an eviction notice issued by the railway authorities. The appellants, representing a cooperative society of hawkers operating on railway land at Chandanpur Railway Station, contended that their eviction was unlawful and violated principles of natural justice.
The appellants had earlier obtained registration of a cooperative society named Chandanpur Bazar Railway Premises Shopper Cooperative Society Limited, which they claimed entitled them to do business on the railway premises. However, the Court observed that mere registration of the cooperative society, without express permission or a 'no objection' certificate from the Railway authorities, did not confer any legal right to occupy railway land. It was noted that the registration itself was vitiated as it was granted without the mandatory consent of the Railways.
The railway authorities had issued multiple notices and provided opportunities of hearing in earlier proceedings, culminating in a speaking order dated October 17, 2023, that rejected the appellants’ claims. The appellants challenged the subsequent eviction cum show cause notice dated August 1, 2025, which directed them to vacate the railway land peacefully within a specified period, failing which eviction action was to be taken.
The Court relied heavily on Section 147 of the Railways Act, 1989, which empowers railway servants or persons called to aid by them to remove trespassers from railway property without the necessity of issuing prior notices or following the provisions of the West Bengal Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The Court underscored that while natural justice principles should be observed, the appellants had already been given sufficient hearing opportunities, and their claims were conclusively rejected.
Citing precedent judgments including G. Phalaguna vs. General Manager (2006) and Subrata Ghosh vs. Union of India (2019), the Court affirmed that railway authorities have overriding powers under Section 147(2) of the Railways Act to evict unauthorized occupants expeditiously. The Court clarified that the appellants could not claim indefinite hearings once a reasoned and speaking order was passed.
Recognizing the appellants’ long-standing business operations, the Court granted a 90-day grace period from the date of judgment for the cooperative society and its members to vacate the premises peacefully. In the event of non-compliance, the railway authorities were authorized to proceed with eviction.
The judgment reinforces the legal position that railway lands are protected under the Railways Act, and unauthorized occupation can be removed without invoking public premises eviction laws, provided natural justice is not violated. It also clarifies that cooperative society registration alone does not bestow rights over railway property without Railway consent.
Statutory provision(s):
Section 147 of the Railways Act, 1989; West Bengal Public Premises (Eviction of Unauthorized Occupants) Act, 1971
Alok Chakraborty v. Union of India, (Calcutta)(DB) : Law Finder Doc Id # 2972671
