The Supreme Court has directed the Uttarakhand Chief Secretary to hold a meeting with the Centre and railways to devise a plan for rehabilitating over 50,000 individuals who have encroached on railway land in Haldwani.
The directive came during the court’s hearing of a plea filed by the railways seeking the vacation of the apex court’s January 5 order from last year. This order had stayed the Uttarakhand High Court’s decision to remove encroachments from 29 acres of land claimed by the railways in Haldwani.
The plea argued for an urgent allocation of a strip of land to facilitate railway operations, noting that a retaining wall protecting the tracks was demolished during last year’s monsoon.
A three-judge bench headed by Justice Surya Kant stated that the state government must provide a scheme outlining how and where these individuals will be rehabilitated. “Assuming that they are encroachers, they are still human beings who have been living there for decades. They have constructed ‘pucca’ houses. So, how should we address this situation?” the bench, which also included Justices Dipankar Datta and Ujjal Bhuyan, remarked.
The Court emphasized that while it cannot be ruthless, it also cannot encourage encroachment. It described the situation as “very peculiar” and directed the state government to promptly identify the necessary land for infrastructure upgrades and the relocation of the railway line, along with identifying the families affected by eviction.
The Court objected to the railways obtaining an eviction order from the Uttarakhand High Court “riding on the back” of a Public Interest Litigation (PIL) filed by a private individual. “Have you issued any notice to the encroachers? Why are you relying on a PIL? If there are encroachers, the railways should issue notices to them,” the bench stated.
During the hearing, Additional Solicitor General Aishwarya Bhati, representing the railways, informed the Court that proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, were also ongoing against the occupants. Bhati urged the Court to vacate or modify the stay on an “incremental basis,” citing delays in railway expansion plans due to illegal occupancy.
Bhati clarified that the railways does not have a scheme for the rehabilitation of encroachers and that 1,200 huts need to be removed immediately. The Court noted that reasonable opportunities must be provided to those claiming rights over the land and directed the Uttarakhand government to propose a site for the rehabilitation of affected families.
According to the railways, there are 4,365 encroachers on the land, while the occupants are protesting in Haldwani, asserting their claims to the land. Nearly 50,000 people, mostly Muslims, from over 4,000 families reside on the disputed land.
On January 5 last year, the Supreme Court had stayed the Uttarakhand High Court’s order for the removal of encroachments, describing it as a “human issue” and noting that 50,000 people cannot be uprooted overnight. The High Court’s December 20 order had instructed railway authorities, in coordination with the district administration and, if necessary, para-military forces, to give a week’s notice to occupants before asking them to vacate the land.
