The Supreme Court on Tuesday held that residents occupying railway land in Haldwani, Uttarakhand do not have a vested legal right over the property, indicating that thousands of families would have to vacate the area for the proposed railway expansion. At the same time, the Court directed authorities to facilitate rehabilitation of eligible families under the Pradhan Mantri Awas Yojana (PMAY).
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi observed that the long-pending dispute over encroachments on railway land could not continue indefinitely and emphasised that occupation of public land did not create a legal entitlement.
During the hearing, Justice Bagchi stated that the land in question was admittedly railway land and the residents’ presence there was only by way of concession due to inaction by authorities.
“It is a public land or to say it is railway land, a fact which is not in dispute. You are actually getting a concession for being there. You cannot claim it as a right to be there,” the bench observed.
The Court declined the petitioners’ request to direct the Railways to alter or scale down the expansion project, holding that such decisions fall within the domain of technical experts.
Taking note of the humanitarian aspects, the Court directed the Nainital District Magistrate, the Haldwani Sub-Divisional Officer and members of the District Legal Services Authority to set up camps in the affected area to assist residents in completing formalities for PMAY benefits.
The bench expressed that it would “appreciate” if applications of eligible families were completed by March 31, and directed the district administration and the State Legal Services Authority to file a status report. The matter has been listed for further hearing in April.
The Centre, through Additional Solicitor General Aishwarya Bhati, submitted that eligible displaced families could be provided houses under PMAY either in Uttarakhand or Uttar Pradesh and may also receive ₹2,000 per month for six months as interim assistance. She added that 13 residents holding freehold land would be compensated through acquisition.
Advocate Prashant Bhushan, appearing for the residents, argued that many families had been living in the area for four to five decades and that the State had earlier indicated that the settlement would be regularised. He also contended that the Railways did not require the entire land parcel for the project.
Senior advocate Colin Gonsalves raised concerns about displacement of religious structures and sought resettlement before eviction. In response, the Chief Justice remarked:
“Have mercy on these people. They are residing in unhygienic conditions where there is no potable drinking water, electricity and sewage arrangement. Let them decide if they want a house under the PMAY scheme and if there are any impediments, the court will take care of it.”
The Centre informed the Court that expansion of railway infrastructure in Haldwani was necessary due to operational constraints, including damage to tracks caused by river water and the need for protective structures in the foothill region.
The case concerns approximately 29 acres of railway land in Haldwani, where more than 4,000 families—amounting to nearly 50,000 people—are residing. The Railways have identified 4,365 encroachers on the land.
On January 5, 2023, the Supreme Court stayed a Uttarakhand High Court order directing immediate eviction, calling the issue a “human issue” and observing that such a large population could not be uprooted overnight.
Subsequently, on July 24, 2024, the apex court directed the Uttarakhand Chief Secretary to coordinate with the Centre and the Railways to prepare a rehabilitation plan and identify the specific land required for railway upgradation.
The Railways had moved the Court seeking partial access to a strip of land after a retaining wall protecting the tracks collapsed during the 2023 monsoon.
The Uttarakhand High Court had earlier directed the railway authorities and district administration to remove encroachments after issuing one week’s notice.
Reiterating that encroachers cannot claim a legal right over public land, the Supreme Court has now focused on time-bound rehabilitation of eligible families under PMAY while allowing the railway expansion to proceed. The Court will review compliance and progress in April.
