Categories: Supreme Court

Haldwani Rly land dispute: SC to Hear Petition Against Demolition order of UK HC Today

The Supreme Court will today hear a petition challenging the Uttarakhand High Court’s order to vacate 29 acres of railway land in Haldwani. The residents of the 4,000-odd home continue to protest, pray, and beseech officials not to go ahead with the demolition.
Besides houses — nearly half of the families claim to have land lease — the area even has four government schools, 11 private schools, a bank, two overhead water tanks, 10 mosques, and four temples, besides shops, built over decades.

The district administration, following the court’s order of December 20 after a long litigation, has issued a notice in the newspapers asking people to take away their belongings by January 9. It covers a 2-km strip of land near the Haldwani railway station — Gafoor Basti, Dholak Basti and Indira Nagar, in Banbhulpura area.

Officials carried out an on-ground inspection while residents continued to hold candle marches, sits-ins and prayers to stop the eviction.

A congregational prayer, ‘Ijtemai dua’, was performed by hundreds of them at a mosque in the locality. Imam of Masjid Umar, Maulana Mukim Qasmi, told ANI that people collectively prayed for a solution. Some of the protesters were seen crying.

Uttarakhand | Additional Divisional Railway Manager (ADRM) along with other administration officials inspected the encroached area of the Railways in Haldwani. This comes after High Court directed to remove Railway encroachment. pic.twitter.com/jVH4GyLMIR

— ANI UP/Uttarakhand (@ANINewsUP) January 3, 2023
After activist-lawyer Prashant Bhushan made a formal mention in the Supreme Court, a bench comprising Chief Justice DY Chandrachud and Justices SA Nazeer and PS Narasimha said it would be heard on Thursday.

Blaming the BJP government for action against an area where most residents happen to be Muslim, activists and politicians have also joined the protests.

Senior Congress leader and former chief minister Harish Rawat held an hour-long ‘maun vrat’ (vow of silence) at his home in state capital Dehradun. “Uttarakhand is a spiritual state,” he said, “If 50,000 people including children, pregnant women, old men and women are forced to vacate their homes and come out on roads, then it would be a very sad sight.”

Uttarakhand ex-CM & senior Congress leader Harish Rawat is sitting on an hour-long silent fast at his residence in Dehradun in support of people of Banbhulpura of Haldwani. while CM Pushkar singh Dhami has said his government will respect the Supreme Court’s decision.

Police and the civic administration say the high court’s order as applicable for now has to be followed. “We’ve divided the area into zones for easy implementation,” regional police chief Nilesh A Bharne told to media.

Haldwani District Magistrate Dheeraj S Garbyal, however, said, “People stay here on railway land. They have to be removed. Our preparations are going on for this. We have demanded force. We’ll remove them soon.””

The matter reached court in 2013, when a petition was originally about illegal sand mining in a river near the area.

media report said a Government Girls’ Inter College (GGIC), which has over 1,000 students, also faces the prospect of demolition. A staff member was quoted as saying that the institution came up in 1952 as a junior high school before being upgraded over the years to become an inter college in 2005.

The administration has acknowledged that over 2,000 students will be affected. The plan is to shift them into prefabricated structures in another area nearby for now.

Ashish Sinha

-Ashish Kumar Sinha -Editor Legally Speaking -Ram Nath Goenka awardee - 14 Years of Experience in Media - Covering Courts Since 2008

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