New Delhi: The Supreme Court has given a big decision on the encroachment on railway land in Haldwani, the Nainital district headquarters of Uttarakhand. The case was heard in the Supreme Court on Wednesday, July 24. After hearing both the parties, the Supreme Court asked the government to make arrangements for the rehabilitation of the people living there. For this, the Supreme Court has directed the Chief Secretary of Uttarakhand to hold a meeting with the Center and the Railways. The Supreme Court said that people have been living there for the last three-four decades, so the courts cannot be cruel.
The court needs to maintain a balance: A three-judge bench headed by Justice Suryakant said that the state government will have to plan how and where these people will be rehabilitated? Because these people have been living on this land with their families for decades. The court cannot allow people to encroach on public properties. That is why the court needs to maintain a balance and the state also needs to do something.
Railways has no policy regarding rehabilitation: Additional Solicitor General Aishwarya Bhati, representing the Railways, said that the Railways has no policy regarding rehabilitation and unfortunately a large part of the railway land has been encroached upon, even for security operations.
Encroachment by 365 families: Meanwhile, the Uttarakhand government’s lawyer said that only 13 people have free-hold rights in the disputed area and about 4,365 families have encroached there, where more than 50,000 people are living.
People have occupied the land for the past four decades: On this the court said that the government wants to evict those people who have been living there for the past three to four decades. The court also asked the railways and the government why they did not do so for so many years. This is not a question of one or two huts, all these are concrete houses.
Land needed for expansion of Haldwani station: On which the railway counsel said that the court should allow the railways to operate safely, so that the wider public interest of the entire region can be protected. The railways had abandoned the expansion plan in 2017. It is the last railway station before the hills. It is the only connectivity for the entire Kumaon region, which is there. Now the plan envisages trains like Vande Bharat going there, but they need a 24 coach platform. Without removing the encroachment, the railways do not have the space. The encroached land is needed to expand the station and increase facilities like additional railway lines etc. and without these facilities Haldwani railway station cannot be made functional.
Supreme Court order:
- After hearing the arguments of all the parties, the court said that in the first phase, identify the strip of land which may be required for the construction of railway line or necessary infrastructure.
- Second, to identify families that are likely to be affected if they are evicted from that strip of land.
- The third proposed site where such affected families can be rehabilitated.
Instructions given to the Chief Secretary of Uttarakhand: That is why the court directed the Chief Secretary of Uttarakhand to call a meeting with the railway officials and the Ministry of the Union of India (which examines the rehabilitation plan) under such conditions that are fair, just and equitable, as well as acceptable to all the parties.
Next hearing on September 11: The apex court was told that the Ministry of Housing and Urban Affairs examines rehabilitation schemes. The bench said that the above exercise can be completed in four weeks and the compliance report should be submitted to the court and scheduled the next hearing of the case on September 11.
What is the matter: People have occupied about 29 acres of railway land in Vanbhulpura area of Haldwani, the headquarters of Nainital district. About four thousand families are settled in this area, who have built concrete houses. The Uttarakhand High Court had ordered the removal of the people settled here. The railways also issued notices to the encroachers and instructed them to vacate the land. Along with this, orders were also given to demolish the concrete houses. But some people protested against the court’s order and knocked the door of the Supreme Court. Since then, the Supreme Court is hearing the case. Today, on 24 July, the Supreme Court has made an important comment in this matter and has given instructions to make arrangements for the rehabilitation of the encroachers.
