The Supreme Court was hearing a slew of petitions contesting an order by the Uttarakhand High Court to remove encroachments from 29 acres of railway land in Haldwani.
Digital Desk: The Uttarakhand High Court's judgement requiring
authorities to remove encroachments from railway land in Haldwani, Uttarakhand,
was stayed by the Supreme Court on Thursday.
The Supreme Court, emphasizing the human component of the issue,
stated that a solution must be devised with the people facing eviction from
allegedly encroached railway land in Haldwani's Banbhoolpura area in mind.
"There must be clarification on whether whole land vests in
Railways or what land belongs to the state... 50,000 people cannot be expelled
overnight," the statement stated.
The order was issued by a
bench comprised of Justices SK Kaul and Abhay S Oka while serving notice on the
Uttarakhand government and the Railways. Observing that a workable arrangement
is necessary, it posted the matter for further hearing on February 7.
"There is a human angle to the problem, these are people. "Something will have to be worked out," said Justice SK Kaul.
The bench noted that a programme for rehabilitation and determining
the rights of diverse people must be devised, while also taking into account
the needs of the railways.
This matter must be resolved in some way, according to Justice
Kaul.
The Supreme Court was
hearing a slew of petitions contesting an order by the Uttarakhand High Court
to remove encroachments from 29 acres of railway land in Haldwani. There are
4,365 encroachers on the area, according to the railways.
The residents have argued in their appeal that the high court made
a significant error in issuing the impugned ruling despite being aware that
procedures concerning the title of the inhabitants, including the petitioners,
were pending before the district magistrate.
"It is contended that the High Court has severely erred in
not realising that the supposed Demarcation Report dated April 7, 2021 brought
before it by the Railway Authorities, was a hollow fake that disclosed no
demarcation whatsoever.
"Despite extracting
the covering letter of the Demarcation Report in the challenged judgement, the
High Court did not go into the actual contents of the Report, which just
comprised the names and addresses of all the residents," the plea added.
The residents claimed that the railways' and state authorities'
"arbitrary and illegal" attitude, as well as the high court's support
for it, resulted in a grave infringement of their right to shelter.
The petitioners claimed to
be in possession of legitimate documents proving their title and occupation.
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