The Supreme Court on Thursday stayed the directions of Uttarakhand High Court on the removal of encroachments from 29 acres of railway land in Banbhoolpura in Haldwani. It also sought replies from Railways and the state government on pleas against the order on removal of encroachments, reported Live Law.
A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka passed the order and posted the matter for hearing on February 7, asking the state and Railways to find a “practical solution” to what it termed as a “human issue”.
“There cannot be uprooting of 50,000 people overnight. There has to be segregation of people who have no right on the land and the need to rehabilitation while recognising the need of railways,” the Supreme Court stated.
Uttarakhand High Court orders demolition
On December 20, the Uttarakhand High Court ordered demolition of construction over encroached railway land in Haldwani, and directed that a week’s notice must be given, after which the demolition should begin. The Railways maintain that 29 acres of land in Haldwani have been encroached upon, and there are 4,365 encroachers on the land. There are religious places, schools, business establishments and residences in the land.
Taking exception to the High Court order directing that the occupants be removed in seven days, the apex court bench observed that “there cannot be uprooting of 50,000 people in 7 days”.
“We have heard the learned counsel for the parties. ASG has emphasised the need for the railways. The moot point to be considered whether the complete land is to vest in the railways or whether the State government is claiming a part of the land. Apart from that, there are issues of occupants claiming rights on the land as lessees or auction purchasers.
‘Can’t uproot 50,000 people in 7 days’: SC
“We are on the way the order has been passed as there cannot be uprooting of 50,000 people in 7 days. A workable arrangement is necessary to segregate people who may have rights/no rights coupled with schemes of rehabilitation which already exists while recognising the need of the railways,” the bench noted in its order.
“We have put to the ASG that full rehabilitation of the persons in the area is needed. Issue notice. In the meantime there shall be stay of the directions passed in the impugned order. There should also be restrain any more construction/development on the land,” the bench said, as quoted by Live Law.
We will follow court order: CM Dhami
Following the order by the top court, Uttarakhand Chief Minister Pushkar Singh Dhami said the state government will proceed as per the court’s order.
Haldwani residents stage dharna ahead of SC hearing
Meanwhile, ahead of the SC order on Thursday, residents of Banbhoolpura, including women and children, facing eviction sat on a dharna in front of a mosque, and offered prayers collectively in Haldwani. The residents had claimed that they had the relevant documents and expressed hope that the apex court would consider the fact that they had been living on the land for 100 years and deliver a verdict in their favour.
Meanwhile, political leaders have extended support to the protestors. A Samajwadi Party delegation from Uttar Pradesh arrived on Wednesday at a locality and extended its support. Former Uttarakhand chief minister Harish Rawat also held a one-hour silent protest at his Dehradun residence against the enviction order, reported PTI.