New Delhi, July 24 (UNI) The Supreme Court on Wednesday directed the Central government and the Uttarakhand government to immediately identify a strip of land for shifting of railway lines or for the construction of necessary infrastructure which was damaged in rains in Haldwani last year. The court also sought a rehabilitation plan for people living on a plot needed to lay new railway tracks.
A bench comprising Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan directed the Chief Secretary of Uttarakhand to convene a meeting with the railway authorities (Divisional Senior Manager, Uttarakhand) and the Ministry of Housing and Urban Affairs, government of India to immediately finalize a rehabilitation scheme for the 50,000 inhabitants who need to be evicted to build the railway track.
The land allotment should be subject to conditions which are “fair, just, equitable and acceptable to all the parties,” the court said.
The Apex court’s directions came while hearing a petition filed by the railways seeking modification of the order staying the eviction of nearly 50,000 people, who have allegedly encroached upon the railway land in Haldwani.
The Apex Court questioned the railways for their action to evict people staying there without serving any notice or providing them with an alternate place.
The Uttarakhand High Court had in December 2022 on a Public Interest Litigation ordered evictions from the railway land.
In January 2023, the Supreme Court stayed the High Court’s direction and the interim order was extended from time to time.
Additional Solicitor General Aishwarya Bhati informed the Court that the proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 were also pending against the occupants.
Justice Surya Kant pointed out that since many residents were claiming title based on documents, a PIL was not an “effective remedy” to address the disputed questions of fact.
The Court said, “Assuming they are encroachers, still the ultimate question is…they are all human beings. ”
The Court further added, “They have resided there for decades. These are all pucca houses. Courts can’t be ruthless, but at the same time, courts cannot
It was alleged that approximately 30.40 hectares of railway/state-owned land had been encroached upon and that about 4,365 houses had been built on it by over 50,000 residents.
