A three-judge bench, including Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, observed that 4,365 families, comprising over 50,000 people, reside on the contested land.
![[Haldwani Encroachment Case] 'Encroachers Are Also Humans': SC Directs Centre, Uttarakhand Govt. To Rehabilitate Families Living On Railway Land](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/07/image-3-5.png?resize=820%2C461&ssl=1)
NEW DELHI: Today (24th July): The Supreme Court emphasized the humanity of encroachers and instructed the Central Government, Uttarakhand authorities, and Railways to organize a meeting to develop a rehabilitation policy for families displaced from land near Haldwani Railway Station.
The Court criticized the Railways for seeking a Public Interest Litigation (PIL) to obtain a high court order for the removal of long-term residents from the disputed land.
The Court was reviewing a petition challenging the Uttarakhand High Court’s directive for the removal of unauthorized occupants from the railway land adjacent to Haldwani Railway Station.
A three-judge bench, including Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, observed that 4,365 families, comprising over 50,000 people, reside on the contested land.
During the hearing, the bench questioned the Railways’ decision to file a PIL, asking why the matter wasn’t handled with proper notice and procedural fairness to the affected individuals.
ASG Aishwarya Bhatti, representing the Railways, argued that court action was necessary due to a lack of administrative support.
The Court remarked that while the land is crucial for railway expansion, the human aspect of the issue must be considered, and adequate rehabilitation measures should be planned.
Justice Kant stressed that the matter requires a balanced approach, taking into account the long-term residents and their needs. The bench criticized the Railways and state officials for not addressing these concerns earlier and called for clear identification of the land required and the affected families.
The Court directed the Center, Uttarakhand government, and Railways to:
- Identify the specific land needed for the railway line shift.
- Determine which families need to be relocated.
- Develop a rehabilitation policy through a meeting involving chief secretaries and relevant authorities.
Previously, in January 2023, the Supreme Court had stayed the Uttarakhand High Court’s order for removal, noting that uprooting 50,000 people within a week was unreasonable. The land in question is in the Banbhoolpura area, which experienced riots in February 2023 following the demolition of an “illegal” madrasa and mosque.
Did the Railways Issue Notices to Encroachers? Supreme Court Asks
At the start of the hearing, the Supreme Court criticized the Indian Railways for using a Public Interest Litigation (PIL) to seek the removal of encroachers.
The bench questioned,
“Did you rely on a PIL to get an order from the high court?”
ASG Aishwarya Bhatti, representing the Railways, explained that they had to approach the court due to inadequate administrative support.
The bench responded,
“Is that why you filed a PIL? You are dealing with people. These issues are factual, where a fair opportunity could have been provided to those with relevant documents. These matters should involve quasi-judicial proceedings rather than being handled under writ proceedings.”
Justice Kant told the state and Railways’ counsel, “Ultimately, these are human beings who have been living here for decades. Courts cannot be merciless; they must strike a balance, and the State needs to take action.”
ASG Bhatti argued that the land is crucial for railway projects and that the Railways lacks authority to manage rehabilitation.
“The planned developments, like Vande Bharat, require space that cannot be accommodated without removing the encroachments,”
Bhatti said.
Justice Kant then inquired,
“How many people will be impacted when you only need a strip of land?”
The State Counsel responded that only 13 individuals have freeholder rights.
Justice Kant remarked,
“We are discussing people who have lived here for decades, whether before or after independence. What has been done about this? Why shouldn’t we hold your collectors accountable? If you need this strip of land, first specify how much land is required and then outline your rehabilitation plan.”
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Justice Kant advised that the matter should be kept away from local vested interests, warning that the affected poor people might become victims of exploitation by opportunists.
Regarding the railway land, Justice Kant noted that the Railways had previously stated in court that they were unaware of their own land holdings.
