Will encroachment be removed in Haldwani or not? Understand from the decision of the Supreme Court

The Supreme Court has given a big verdict in the Banbhulpura case of Haldwani. On Tuesday, the court ordered the Uttarakhand Legal Services Authority to set up a camp. This camp will provide help to those families who are living on the public land of the Railways and are being removed from there. These families will be able to apply for rehabilitation under the Pradhan Mantri Awas Yojana (PMAY).

The court said that this camp should be organized after March 15. The petitioners had suggested that the camp be held after the month of Ramzan, so the court approved it. District Collector and other revenue officers of Nainital have been ordered to provide full assistance in this work. This entire work should be completed before March 31. The Collector will have to check the eligibility of every family under PMAY and submit the report to the court.

Also read: What is the Nazul land dispute of Haldwani on which the Supreme Court will give its verdict?

HC had given order to remove

This matter is related to the order of Uttarakhand High Court of December 2022. The High Court had ordered the removal of about 50,000 people from the railway land in Haldwani. In January 2023, the Supreme Court had put a stay on this order and it kept being extended from time to time.

In July and September 2024, the court had asked the state government, the central government and the Railways to make a rehabilitation plan for those who will leave the land.

In Tuesday’s hearing, the bench of Chief Justice Surya Kant and Justice Joymala Bagchi said that no person can demand the right to live on public land. All that can be said is that they should be given rehabilitation. The bench said, ‘This is more of a privilege than a right.’

Said it was unsafe to stay there

Justice Bagchi said, ‘The land belongs to the state and the state will decide how it will be used. People were living there, now that they are being asked to leave, they should be given some relief. Our initial view is that this is more of a convenience, less of a right.

Chief Justice Kant said that the occupiers cannot tell how the Railways should use the land. The court also said that it is unsafe and dangerous for people to live so close to the railway line. It would be better if they go to a better place.

Cannot be removed till next hearing

However, the court also said that the process of removing them will not be started till the next hearing and those who will be removed after due process will also have to be given financial assistance of Rs 2,000 per month for the next 6 months.

Additional Solicitor General Aishwarya Bhati said that these people can be given rehabilitation under PMAY. He told that this land is necessary for the development project of Railways.

Senior lawyer Prashant Bhushan said that about 5000 families have been living here for years. There are also schools and other public institutions here. He welcomed the suggestion of rehabilitation but said that perhaps very few people would be found eligible.

Also read: Uttarakhand: Trains carrying laborers collide inside the tunnel, 60 injured

The area is declared a slum

Senior lawyer Salman Khurshid said that the area is declared a slum, hence the slum rehabilitation scheme can also be implemented. He also sought provisions for schools, hospitals and places of worship.

The Chief Justice said that a balanced and flexible approach should be adopted so that both the development needs of the state and the rehabilitation of the people can be met. He said, ‘This is a question of the lives of thousands of families. They can be saved by adopting a flexible approach. They will suffer the most loss in this case. Right now we do not know how the children are being educated, what is the condition of the houses, where does the drinking water come from. There should be a balanced solution.