On Wednesday, July 24, the Supreme Court emphasised the necessity of rehabilitating residents before evicting them for the development of the Haldwani railway station in Uttarakhand. The bench, consisting of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, addressed an application by the Union of India/Railways seeking to modify a stay on the eviction of around 50,000 individuals allegedly encroaching on railway property in Haldwani.
The Railways argued for urgent land access to repair a retaining wall damaged by the Ghuala River during last year’s monsoon. This is crucial for railway operations. However, the bench questioned the Railways’ approach. Thus, noting that the authorities had not initiated statutory proceedings against the residents. Who had been living there for decades, but instead relied on a Public Interest Litigation (PIL) filed by a private individual.
Observation
Justice Bhuyan questioned, “Have you issued any notice? Why are you riding on the back of a PIL? If there are encroachers, railways should issue notice to the encroachers. How many people are you seeking to evict? They are also human beings.”
Additional Solicitor General Aishwarya Bhati informed the Court that proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act 1971 were pending against the residents. Justice Surya Kant pointed out that many residents claimed land ownership based on documents, making the PIL an ineffective remedy for such complex issues.
Justice Kant emphasised the need for humane treatment. He stated, “Assuming they are encroachers, still the ultimate question is…they are all human beings. They have been residing for decades. These are all pucca houses. Courts can’t be ruthless, but at the same time, courts cannot encourage people to encroach.”
Arguments
He further asked, “The fact remains that people have been living there for 3-5 decades, perhaps even before independence. What have you been doing all these years?” When the ASG mentioned that the Railways referred the matter to the Collector, Justice Kant questioned, “What did they do? Why shouldn’t we hold the collectors accountable?”
The ASG requested the stay to be lifted incrementally. Highlighting that several railway expansion projects had been hindered due to the land issue. She specified that approximately 1,200 huts needed eviction.
During the hearing, it was revealed that about 30.40 hectares of railway and state-owned land were encroached upon. Affecting roughly 4,365 houses and over 50,000 residents. While acknowledging the Railways’ needs, the Supreme Court stressed the importance of humane treatment and rehabilitation.
Court Ordered Procedures
The Court directed the Union of India and the State of Uttarakhand to undertake the following steps:
- Identify the essential strip of land required for railway infrastructure development.
- Identify the families likely to be affected by the eviction from this strip.
- Propose a rehabilitation site for the affected families.
The Chief Secretary of Uttarakhand was instructed to convene a meeting with railway authorities. Also, the Ministry of Housing and Urban Affairs to develop a fair, just, and equitable rehabilitation scheme.
The Court ordered the completion of this exercise within four weeks. Thus, scheduling the next hearing for September 11, 2024.
