Haldwani Banbhulpura railway land encroachment case, SC gives relief to illegal occupants, directives for rehabilitation

The Supreme Court has given a big decision on the encroachment on railway land in Haldwani, the Nainital district headquarters of Uttarakhand. The case was heard in the Supreme Court on Wednesday, July 24. After hearing both the parties, the Supreme Court asked the government to make arrangements for the rehabilitation of the people living there. For this, the Supreme Court has directed the Chief Secretary of Uttarakhand to hold a meeting with the Center and the Railways. The Supreme Court said that people have been living there for the last three to four decades, so the courts cannot be ruthless.

The court needs to maintain balance: A three-judge bench headed by Justice Suryakant said that the state government will have to make a plan as to how and where these people will be rehabilitated? Because these people have been living on this land with their families for decades. The court cannot allow people to encroach on public properties. That is why the court needs to maintain balance and the state also needs to do something.

Railways has no policy regarding rehabilitation: Additional Solicitor General Aishwarya Bhati, representing the Railways, said that the Railways has no policy regarding rehabilitation and unfortunately a large part of the railway land has been encroached upon. Even security operations.

Encroachment by 365 families: At the same time, the lawyer of the Uttarakhand government said that only 13 people have free-hold rights in the disputed area and about four thousand 365 families have encroached there, where more than 50,000 people are living.

People occupying the land for the last four decades: On which the court said that the government wants to uproot those people who have lived there for the last three four decades. Also, the court asked the Railways and the government why they did not do so for so many years. It is not a question of one or two huts, these are all concrete houses.

Land needed for expansion of Haldwani station: On which the railway lawyer said that the court should allow the railway to operate safely, so that the wider public interest of the entire region can be protected. The railway had abandoned the expansion plan of the year 2017. This is the last railway station before the hills. This is the only connectivity for the entire Kumaon region, which is there. Now the plan envisages trains like Vande Bharat going there, but they need a platform of 24 coaches. Without removing the encroachment, the railway does not have space. The encroached land is needed to expand the station and increase facilities like additional railway line etc. and without these facilities Haldwani railway station cannot be made functional.

Supreme Court order:

• After hearing the arguments of all the parties, the court said that in the first phase identify the strip of land, which may be required for the construction of railway line or necessary infrastructure.
• Secondly identify the families who are likely to be affected in case of removal from that strip of land.
• The third proposed site where such affected families can be rehabilitated.

Directions given to the Chief Secretary of Uttarakhand: That is why the court directed the Chief Secretary of Uttarakhand to call a meeting with the railway officials and the Ministry of the Union of India (which examines the rehabilitation plan) under such conditions which are fair, just and equitable, as well as acceptable to all parties.

Next hearing on September 11: The apex court was told that the Ministry of Housing and Urban Affairs examines rehabilitation plans. The bench said that the above exercise can be completed in four weeks and the compliance report should be submitted to the court and the next hearing of the case should be scheduled for September 11.

What is the matter: People have occupied about 29 acres of railway land in Vanbhulpura area of ​​​​Haldwani, the headquarters of Nainital district. About four thousand families are settled in this area, who have built concrete houses. The Uttarakhand High Court had ordered the removal of the people settled here. The railways had also issued notices to the encroachers and directed them to vacate the land. Also, orders were given to demolish the concrete houses. But some people protested against the court’s order and knocked the door of the Supreme Court. The Supreme Court is hearing the case since then. Today, on 24th July, the Supreme Court has made an important comment in this matter and has given instructions to make arrangements for the rehabilitation of the encroachers.