 "Courts can't be ruthless: SC orders rehabilitation for Haldwani residents")
The Supreme Court on Wednesday instructed the Centre and Uttarakhand state government to formulate a rehabilitation scheme for over 50,000 people residing on encroached railway land in Haldwani. This directive followed a plea by the Centre to vacate a stay order preventing the removal of these encroachments.
Uttarakhand Chief Secretary to meet with Centre and railways
A three-judge bench, led by Justice Surya Kant and including Justices Dipankar Datta and Ujjal Bhuyan, ordered the Uttarakhand Chief Secretary to convene a meeting with the Centre and the railways. The meeting aims to devise a comprehensive plan to rehabilitate the affected residents. The court emphasised the need for the state to balance the rights of long-term residents with the necessity of expanding railway infrastructure.
“The ultimate thing is that families have been living on this land for decades; they are human beings, and courts cannot be ruthless. Courts need to maintain a balance, and the state needs to do something,” the bench stated.
The court directed the authorities to identify the land required for railway expansion and the families affected by the potential eviction within four weeks.
Haldwani encroachment case: Background
The Supreme Court’s intervention came after the Centre sought to vacate the apex court’s stay on the Uttarakhand High Court’s January 2023 order, which mandated the removal of encroachments from 29 acres of land claimed by the Railways in Haldwani. The Railways reported that approximately 30.04 hectares of land, accommodating 4,365 houses, had been encroached upon, affecting over 50,000 people.
Additional Solicitor General Aishwarya Bhati argued for vacating the stay, citing the need for land to implement railway expansion plans. She highlighted Haldwani’s strategic importance as the gateway to the Kumaon region.
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Haldwani residents concerns and protests
Residents of the Banbhoolpura area in Haldwani have lived on this disputed land for decades, some claiming residency dating back to India's independence and before. They approached the Supreme Court in 2023 against the High Court’s eviction order, which had prompted widespread protests.
The residents argue that their long-term presence has been officially recognised, as evidenced by entries in municipal records, regular payment of house taxes, and the provision of essential services such as gas, water connections, and Aadhaar cards.
What did SC say on the Haldwani encroachment case?
The Supreme Court acknowledged the complex nature of the issue, highlighting the need for humane treatment of the residents while also addressing the legal requirements for land use.
“Assuming they are encroachers, the ultimate question is whether they are all human beings. They have lived there for decades. These are all pucca houses. Courts can’t be ruthless, but at the same time, courts cannot encourage people to encroach,” the bench noted.
The Supreme Court’s directive mandates swift action, with a detailed rehabilitation plan expected soon. As the legal proceedings continue, the residents of Banbhoolpura remain hopeful that the final decision will consider their prolonged habitation and legitimacy of the claims. The next hearing is scheduled for September 11.
(With input from agencies)