On 24 July 2024, the Supreme Court, providing relief to 50,000 Haldwani residents, emphasized the need to ensure the rehabilitation of individuals before evicting them to make way for the development of Haldwani railway station in Uttarakhand. A bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan addressed an application from the Government of India and Indian Railways seeking modification of an order that had halted the eviction of approximately 50,000 people accused of infringing on railway properties in Haldwani.
The railways argued that urgent access to a strip of land was necessary following the destruction of a retaining wall by the Ghuala River during last year’s monsoon, which endangered railway operations. However, the bench questioned the railways’ approach, criticizing their reliance on public interest litigation rather than pursuing statutory procedures against long-standing occupants of the land.
Notably, the Uttarakhand High Court had ordered initially evictions in December 2022 through a PIL, a directive that was later stayed by the Supreme Court in January 2023 and periodically extended. During the proceedings, the bench queried the railways on whether they had issued notices to the encroachers and expressed concern over the humanitarian implications of displacing residents who have lived there for decades.
“Assuming they are encroachers, still the ultimate question is…they are all human beings. They are residing for decades. These are all pucca houses. Courts can’t be ruthless, but at the same time, courts cannot encourage people to encroach. You as the State, when everything has been happening before your eyes, you also had to do something. The fact remains that people have been living there for 3-5 decades, perhaps even before independence. What you have been doing all theses years?” Justice Kant said.
Additional Solicitor General Aishwarya Bhati informed the court about pending proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Justice Surya Kant highlighted the inadequacy of PILs in resolving complex factual disputes concerning property rights claimed by long-time residents.
The bench underscored the humane considerations amidst the legal complexities, urging the authorities to act responsibly given that many affected families had resided in the area for generations. They directed the Union of India and the State of Uttarakhand to undertake several steps, including identifying necessary land and affected families and proposing suitable rehabilitation sites.
In response, the bench mandated the Chief Secretary of Uttarakhand to coordinate a meeting with railway authorities and the Ministry of Housing and Urban Affairs within four weeks to develop a fair and acceptable rehabilitation scheme. The case is scheduled to be heard next on 11 September 2024.
(With Inputs From Live Law)
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