In a significant ruling, the Supreme Court of India has emphasized the need for a balance between the operational needs of the railways and the rights of the residents in Haldwani, Uttarakhand. The court underlined the importance of ensuring rehabilitation for the residents affected by the land acquisition for the expansion of the Haldwani Railway Station before proceeding with any evictions.
The bench, comprising Justices Suryakant, Deepankar Datta, and Ujjwal Bhuiyan, recognized the necessity of the railway’s expansion but insisted on humane treatment and necessary rehabilitation for approximately 50,000 people identified as encroachers on railway property. This directive came during the hearing of a railway application seeking to amend a stay order on evictions.
The need for additional land became crucial after a wall protecting the railway tracks was washed away during the monsoon last year, due to the swift flow of the Ghuala River. Additional Solicitor General Aishwarya Bhati highlighted ongoing legal actions under the Public Premises (Eviction of Unauthorized Occupants) Act 1971, while the court questioned the lack of prior notices to the residents and criticized the reliance on public interest litigations for such matters.
Justice Kant pointed out that many of these residents have been living there for decades, some even before India’s independence, raising questions about the inaction of the government and local authorities over such an extended period.
The court queried why collectors should not be held accountable, especially as many residents claim ownership based on documents. The bench directed that a specific strip of land needed for railway operations be identified, and those families who would be affected by the clearance of this strip be properly identified for rehabilitation.
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The Supreme Court has instructed Uttarakhand’s Chief Secretary to coordinate with railway officials and the Ministry of Housing and Urban Affairs to devise a rehabilitation plan. This plan is to be prepared within four weeks, with the next hearing scheduled for September 11th.
