Supreme Court stays demolition drive in Uttarakhand, says ‘cannot uproot 50,000 people overnight’

A stay order on the removal of encroachments from 29 acres of railway land in Haldwani, Uttarakhand, was issued by the Supreme Court on January 5.

The Supreme Court stated that 50,000 people cannot be relocated overnight and that a plan for rehabilitation, determining each person's rights, and taking into account the need for railways must be developed. On February 7, the case was posted for hearing by the SC.

Even though the High Court was aware that proceedings regarding the title of the residents, including the petitioners, are pending before the District Magistrate, the residents had argued in their pleas that the High Court erred in passing the order.

According to the railways, there are 4,365 encroachers on the land.
According to the Supreme Court, the question of whether the state is claiming a portion of the land or the entirety of the land is irrelevant.

In addition, there are concerns about occupants claiming ownership of the land due to auction purchases. The Supreme Court stated, "There cannot be uprooting of 50,000 people overnight within seven days. We have cavilled through way directions that have been passed in HC order."

The Supreme Court stated that an acceptable arrangement was required. The Supreme Court's ruling stated that "people may have no rights in land may have to be removed, coupled with schemes of rehabilitation, while recognizing the needs of railways."

On December 20, the Uttarakhand High Court (HC) issued an order to demolish structures at Banbhoolpura in Haldwani, Nainital, that were built on railway land that had been encroached upon. The HC instructed the authorities to give the encroachers a week's notice before erecting the obstructions.

On 29 acres of railway land, the encroachments include religious sites, schools, businesses, and private residences.

The HC issued a 10-week deadline on November 9, 2016, to remove encroachments from railway land. The court had stated that the Railway Public Premises (Eviction of Unauthorized Occupants) Act of 1971 should be applied to all encroachers. What are the petitioners saying? The petition claims that residents of Haldwani's Mohalla Nai Basti have been there for years, and the court's order to evict over 20,000 people came at a time when the residents' titles were pending before the district magistrate.

The petitioners claimed that their names are on the property tax register, that they have been paying taxes there for years, and that the government provided them with gas connections at the same address.

"All petitioner documents that clearly established their title were rejected collectively by the high court, in total disregard of established principles of title and occupation." The petition stated that the state acknowledged the petitioners' legitimate title as an example of the validity of the residents' title in its review application.

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