Haldwani encroachments: SC orders Centre, Uttarakhand to present rehabilitation plans

Jul 24, 2024 04:52 PM IST

Highlighting the humane considerations that must be taken into account while dealing with such sensitive issues, the bench led by justice Surya Kant expressed strong reservations about the approach taken by authorities. The bench, also comprising justices Dipankar Datta and Ujjal Bhuyan, criticised the use of a public interest litigation (PIL) as a mechanism for ordering the eviction, emphasising that proper legal procedures under the Public Premises (Eviction of Unauthorised Occupants) Act should have been followed.

“Why a PIL for eviction? You can proceed under the PP Act. You issue notice and proceed in terms of the law. Is it that you acted under the guise of a PIL? You rode on the back of a PIL and got an order. You didn’t issue a notice on your own. You can’t use a PIL to get it done… Why this via media of a PIL and get this done?” the bench told additional solicitor general Aishwarya Bhati, who appeared for the Railways, and the state government’s counsel.

The court underlined the importance of considering the human impact of such actions. “We are dealing with human beings here. Ultimately, the high court cannot decide in a writ jurisdiction that a family has no claims. Some reasonable opportunity had to be given to those who were claiming some titles… Even assuming they are encroachers, they are all human beings. They have been there for decades,” it further observed.

The case originates from a December 20, 2022, Uttarakhand high court order that authorised the “use of force” to evict 4,365 families from 78 acres of land in Haldwani’s Banbhoolpura area. The high court’s directive, which stemmed from a PIL filed in 2013, put more than 50,000 people, predominantly Muslims, at risk of homelessness during the harsh winter. This decision sparked protests from the occupants and became a contentious issue, drawing criticism from Opposition leaders who alleged that the eviction was an attempt to target the Muslim community. On January 5, 2023, the Supreme Court stayed the high court’s order, emphasising the need for a balanced and humane approach.

Subsequently, the Railways moved a plea, urging the court to modify its previous order so that dwellings from the disputed land could be removed to enable the Railways to shift the station and augment other facilities. This application came up before the bench on Wednesday when the court sought to know if the authorities had thought of rehabilitating the families from the area in accordance with the existing policies.

Pulling up the state government’s counsel for arguing that only 13 out of over 4,300 families were able to show some title over their land, the bench asked why the district collector failed to adjudicate the notices issued to the encroachers by the Railways under the PP Act.

“You want to uproot everyone just after the high court order. Railways filed PP proceedings before your collectors only. Why were they not decided in all these years? What have you been doing except colluding? Should we pass orders against your collectors?” the court asked.

The bench proceeded to direct the Centre and the state to present a rehabilitation plan within four weeks, highlighting the need for a fair and balanced approach, and posted the matter for hearing on September 11.

“We understand the importance of a railway line, but something will have to be done for them. We will have to balance the rights,” the court stated, directing the chief secretary of Uttarakhand to convene a meeting with the Railways and the Ministry of Housing Affairs to formulate a rehabilitation scheme that is fair, just and equitable.

It directed the Centre and the state to identify the strip of land required for railway expansion and infrastructure enhancement and the families likely affected by the eviction proceedings. The court further asked for a specific plan along with the details of the sites where these affected families can be shifted.