The Supreme Court of India has recently directed the Central and Uttarakhand state governments to develop a rehabilitation plan for residents facing eviction from railway land in Haldwani. The bench, comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, instructed the railway authorities and government officials to pinpoint the exact land needed for expanding railway tracks and identify the families that will be affected. The court set a four-week deadline for completing this task and scheduled the next hearing for September 11.
The directive came during a hearing of an application by the railways, which sought to lift a stay on the eviction of encroachments from the railway land to safeguard the railway tracks and the Haldwani railway station.
Additional Solicitor General Aishwarya Bhati argued for the removal of the stay, stating that numerous expansion projects have been hindered by the lack of available land. She emphasised the strategic importance of Haldwani as the gateway to the hills and the last station before the Kumaon region.
The court acknowledged that approximately 30.04 hectares of railway land in Haldwani have been encroached upon, with 4,365 houses and over 50,000 people residing on the land. The railways highlighted the urgent need for a portion of this land to relocate a defunct railway line and develop other necessary infrastructure.
Despite the pressing needs of the railways, the bench showed a humane approach by considering the long-term residence of the people in question. Justice Surya Kant remarked, "Assuming they are encroachers, the ultimate question is whether they are all human beings. They have lived there for decades. These are all pucca houses. Courts can’t be ruthless, but at the same time, courts cannot encourage people to encroach."
He pointed out that the residents have been living there for decades, possibly even before India gained independence, and questioned the state’s inaction over the years.
The case dates back to December 20, 2022, when the Uttarakhand High Court ordered the removal of encroachments from railway land in the Banbhoolpura area of Haldwani, giving occupants a week's notice. Following this order, the affected residents, who have lived on the land for many decades, approached the Supreme Court.
They argued that they are lawful residents of Mohalla Nai Basti, Haldwani, with entries in the municipal house tax register and have been paying taxes regularly. The area also houses five government schools, one hospital, and two overhead water tanks.
The residents’ petition emphasised that their long-established physical possession, some even predating Indian independence, has been recognized by the state. This is evidenced by the provision of gas and water connections and the issuance of Aadhaar card numbers with their residential addresses. They argued that they have been lawful residents for over 70 years and that the eviction would cause significant hardship.
The Supreme Court’s intervention aims to balance the needs of the railway expansion with the rights and welfare of the long-standing residents. The upcoming hearing in September will be crucial in determining the future course of action for the rehabilitation and eviction process in Haldwani.
This case underscores the complexities involved in balancing development and infrastructure projects with the rights of long-term residents, highlighting the need for compassionate and practical solutions in such disputes.
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