A bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan was informed by the Uttarakhand government that steps are being taken in line with the previous court order.
![[Haldwani Eviction] SC Gives Uttarakhand Govt. Two Months to Finalise Rehabilitation Scheme For Families Facing Railway Eviction](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/image-2024-09-12T102353.736.png?resize=750%2C396&ssl=1)
NEW DELHI: The Supreme Court on Wednesday(11th Sept) granted the Uttarakhand government two months to finalize a rehabilitation plan for residents ordered to vacate encroachments on railway land in Haldwani’s Banbhoolpura area.
A bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan was informed by the Uttarakhand government that steps are being taken in line with the previous court order.
A joint meeting was held between the Ministry of Housing, state authorities, and Indian Railways, and the state requested two months to submit a suitable rehabilitation proposal.
The court then postponed the hearing to allow Uttarakhand to present a concrete rehabilitation plan. Previously, the top court had ruled that authorities must ensure rehabilitation before carrying out evictions, noting that thousands of people cannot be displaced overnight.
The Supreme Court stayed the Uttarakhand High Court’s decision to remove encroachments, stressing the need to differentiate between those who have legitimate rights to the land and those in need of rehabilitation, while acknowledging the importance of railway operations.
The bench observed that, given the residents have lived there for decades, appropriate rehabilitation measures must be taken, as the matter involves a significant human aspect.
Indian Railways has asserted ownership of the disputed land, while the residents claim it as their own, stating they are not seeking rehabilitation.
On December 20, the Uttarakhand High Court ordered the removal of encroachments from railway land in Haldwani’s Banbhoolpura area, after giving residents a one-week notice. Led by Haldwani Congress MLA Sumit Hridayesh, the residents challenged this order in the Supreme Court, with an additional petition filed by advocate Prashant Bhushan.
The case involves 4,365 encroachments, with residents some living on the land for decades protesting the removals in compliance with the High Court’s directive.
The petition highlighted that the residents are poor individuals who have lawfully resided in Haldwani’s Mohalla Nai Basti for over 70 years. It emphasized that their names appear in the municipal house tax records, and they have consistently paid taxes.
The area also includes five government schools, one hospital, and two overhead water tanks. Furthermore, the petition noted that the state has recognized the residents’ long-term occupation of the land, as evidenced by gas, water, and Aadhaar card services registered to their addresses, some dating back to pre-Independence times.
