The Supreme Court of India has directed the central and state governments to develop a rehabilitation scheme for residents facing eviction from railway land in Uttarakhand’s Haldwani area. A bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan directed railway authorities and governments to identify the land required for the expansion of railway tracks and the families likely to be affected.
The court has given authorities four weeks to identify the land required for railway expansion and the families likely to be affected. The next hearing is scheduled for September 11.
“As the first initiative, let the land which is required immediately be identified with full description. Similarly, the families who are likely to be affected in the event of taking possession of that land should also be immediately identified,” said the bench.
The case involves approximately 30.04 hectares of railway-owned land, currently occupied by 4,365 houses and over 50,000 people. Many residents claim to have lived there for decades, some even before India’s independence.
Additional Solicitor General Aishwarya Bhati, representing the railways, emphasized the urgency of reclaiming the land for expansion projects, describing Haldwani as the gateway to the Kumaon region.
The bench, however, urged a balanced approach, saying, “Courts can’t be ruthless, but at the same time, courts cannot encourage people to encroach.” They questioned the state’s inaction over the years, given that people have been living there for 30-50 years.
This case stems from a December 2022 Uttarakhand High Court order to remove unauthorized occupants from the railway land. Residents appealed to the Supreme Court, arguing their long-standing occupancy and citing municipal records showing regular house tax payments.
There are five government schools, one hospital, and two overhead water tanks in the area, it said. The plea further stated that “the long-established physical possession of the petitioners and their ancestors, some even prior to the date of Indian independence, has been recognised by the state and its agencies, and they have been given gas and water connections and even Aadhaar card numbers accepting their residential addresses.”
(Inputs from ANI)