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Encroachment: Top Court Favours Haldwani Encroachers

Writer's picture: Mrm LegalxpMrm Legalxp

The Supreme Court of India has directed the Centre, the Uttarakhand government, and the Railways to collaborate on a rehabilitation policy for families living on disputed land near Haldwani Railway Station.


The court criticized the Railways for filing a Public Interest Litigation (PIL) to remove long-standing residents from the land. Hearing a petition against the Uttarakhand High Court's order for the removal of unauthorized occupants, the Supreme Court noted that 4,365 families, totaling over 50,000 people, live on the encroached land.


A three-judge bench, comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, emphasized the need for humane treatment and balanced action.


The court questioned the Railways' decision to file a PIL instead of seeking administrative assistance, highlighting that the residents deserve a reasonable opportunity to present their cases. Justice Kant underscored the necessity of considering the human impact and maintaining a balance in court rulings.


The Railways argued that the land is crucial for their operations and that they lack the authority to manage rehabilitation. The court responded by asking for specific details on the land required and stressed the need for a clear rehabilitation plan.


The court also advised keeping the issue away from local vested interests to protect the affected families.


The Supreme Court issued several directives:


  • identifying the essential strip of land,

  • determining which families need to be relocated, and

  • developing a rehabilitation policy.


The court called for a meeting involving the chief secretaries, Centre, and state ministers to devise this plan.


In January 2023, the Supreme Court had stayed the Uttarakhand High Court's order to remove the residents within seven days, recognizing the impracticality and humanitarian issues of such a move.


This land, in the Banbhoolpura area, had previously been the site of unrest following the demolition of a madrasa and mosque by municipal authorities.

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