The Supreme Court has declined to extend the stay on a demolition operation that was taking place on railway land adjacent to Mathura's Sri Krishna Janmabhoomi. This decision came after authorities informed the court that all unauthorized constructions had been successfully dismantled. The court also raised questions about the petitioner Yakub Shah's standing in the case. Shah had challenged the demolition activities in Nai Basti. However, the Railways countered his claim by asserting that he neither resided in the disputed area nor was directly affected by the demolition.

Moreover, the Railways accused the petitioner of attempting to connect the demolition with a legal dispute surrounding the "disputed" Krishna Janmabhoomi site, which is situated next to the Shahi Eidgah mosque.

However, Prashashti Srivastava, the Public Relations Officer for Agra Division in the North Central Railways, announced that the demolition had been successfully completed. A total of 135 houses were razed in two phases due to encroachment issues. The motive behind the land clearance was the conversion of the Mathura-Vrindavan railway line from narrow gauge to broad gauge.

This legal tussle has underscored the complex interplay between land utilization, property rights, and broader infrastructure development, entwined with the historical and religious significance of the site.

Appearing for the Railways, Solicitor General (SG) Tushar Mehta raised questions over the petition. “It is an admitted position that the present eviction drive does not even remotely pertain to any property of the petitioner. He has filed a suit in the representative capacity. The petitioner has deliberately and willfully suppressed the fact that his property is not the subject matter of the eviction drive undertaken by the Railways under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971,” he said.

The Railways said the petitioner tried to make “false assertions” and “sensational” claims by saying the drive was carried out without following due procedure.

“This (demolition) has been linked to disputed religious premises to give the action taken by respondent a communal overtone,” the Railways said, adding that this was done to “outrage” the court for the purpose of obtaining interim relief.

Referring to the Sri Krishna Janmabhoomi temple dispute, where Hindu litigants assert ownership over 13.37 acres of land encompassing the Shahi Idgah mosque as Lord Krishna's birthplace, the Railways stated that their action pertains to a separate legal matter. Multiple suits have been filed in Mathura's various courts, urging the removal of the mosque adjoining the temple and the return of the land to the temple Trust. The Railways highlighted that they conducted thorough hearings involving nearly 135 occupants facing eviction. These proceedings did not encompass the petitioner's property.

“Pursuant to the eviction notices, demolition of the encroached portion of Railway’s land has already taken place. The instant writ petition has become infructuous and on this ground is liable to be dismissed,” it said in its affidavit.

The Railways alleged that the petitioner's actions of deceiving the court constituted a "severe misuse of Article 32" of the Constitution, which empowers the top court to issue writs for the enforcement of fundamental rights.

Pulling up the petitioner, the bench said: “You are not on railway land. It seems we should introduce a class action suit for contradicting PILs filed before the same bench,” it said.

Senior advocate Prashanto Chandra Sen, who appeared for Shah, said: “I will satisfy this court by Monday. Railways have nowhere shown it is the owner of the land in question. There is a suit filed by the residents pending on this issue.”

Image source: Mint