SC tells Uttarakhand to meet Centre, rlys for Haldwani relief plan
By : DC Correspondent
Update: 2024-07-24 18:40 GMT
New Delhi: The Supreme Court directed the Uttarakhand Chief Secretary on Wednesday to convene a meeting with the Centre and railways to develop a rehabilitation plan for over 50,000 people encroaching on railway land in Haldwani.
The court's directive followed a plea from the railways seeking to lift a January 5, 2023, stay on the Uttarakhand High Court's order for the removal of encroachments from 29 acres of railway land. The railways argued that part of the land is urgently needed for operations, as a retaining wall protecting the tracks was damaged last monsoon.
A three-judge bench led by Justice Surya Kant emphasized the need for a balanced approach, stating, "While the encroachers are human beings who have lived there for decades, the situation is complex. The courts must not be ruthless but should address the issue without encouraging further encroachments."
The bench, including Justices Dipankar Datta and Ujjal Bhuyan, instructed the state government to identify the land required for infrastructure upgrades and the families affected by eviction. It also criticized the railways for seeking eviction through a public interest litigation rather than directly notifying the encroachers.
Additional solicitor general Aishwarya Bhati informed the court that proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 are ongoing. Bhati requested a phased approach to vacate the encroachments, citing halted railway expansion plans. She noted that the railways currently lack a rehabilitation scheme for the affected occupants.
The Supreme Court ordered the Uttarakhand government to propose a site for relocating the uprooted families and to give reasonable opportunity to those claiming rights over the land. The court had previously stayed the High Court's removal order, calling it a "human issue" and noting that 50,000 people cannot be displaced overnight.
The encroached land houses about 50,000 people, mostly from over 4,000 families, with ongoing protests from occupants asserting their rights.
The bench, including Justices Dipankar Datta and Ujjal Bhuyan, instructed the state government to identify the land required for infrastructure upgrades and the families affected by eviction. It also criticized the railways for seeking eviction through a public interest litigation rather than directly notifying the encroachers.
Additional solicitor general Aishwarya Bhati informed the court that proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 are ongoing. Bhati requested a phased approach to vacate the encroachments, citing halted railway expansion plans. She noted that the railways currently lack a rehabilitation scheme for the affected occupants.
The Supreme Court ordered the Uttarakhand government to propose a site for relocating the uprooted families and to give reasonable opportunity to those claiming rights over the land. The court had previously stayed the High Court's removal order, calling it a "human issue" and noting that 50,000 people cannot be displaced overnight.
The encroached land houses about 50,000 people, mostly from over 4,000 families, with ongoing protests from occupants asserting their rights.