By SMA Kazmi
NEW DELHI: In a significant ruling, the Supreme Court has ordered that authorities must develop a rehabilitation plan for residents of Banphoolpura in Haldwani, Nainital district, before proceeding with eviction orders. This decision aims to secure land for the development of the Haldwani railway station.
A three-judge bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, on July 24, addressed an application by the Union of India/Railways seeking modification of the order that stayed the eviction of nearly 50,000 people who allegedly encroached on railway properties in Haldwani. The railways argued that a retaining wall protecting the tracks was demolished by the Ghuala River during last year’s monsoon and urgently needed a strip of land for railway operations.
However, the bench questioned the railways on their inaction against the alleged encroachers, who have been settled on the land for several decades. Instead of initiating statutory proceedings, the railway “rode on the back” of a Public Interest Litigation (PIL) filed by a private individual, noted Justice Bhuyan.
The Court directed the Chief Secretary of Uttarakhand to convene a meeting with railway authorities (Divisional Senior Manager, Uttarakhand) and the Ministry of Housing and Urban Affairs, Government of India, to devise a rehabilitation scheme that is “fair, just, equitable, and acceptable to all sides.” The land required for immediate use and the families affected by such possession must be identified within four weeks. The matter will be heard again on September 11, 2024.
The evictions from railway lands were initially ordered by the Uttarakhand High Court in December 2022, following a PIL filed by Ravi Shankar Joshi. However, on January 5, 2023, the Supreme Court stayed the High Court’s demolition order, observing that “There cannot be uprooting of 50,000 people in 7 days.” The Supreme Court issued notices to the State of Uttarakhand and the Railways in response to a batch of special leave petitions against the High Court’s December 20, 2022 judgment.
Justice Ujjal Bhuyan questioned the railways during the July 24, 2024, hearing, asking why they were relying on a PIL and whether they had issued any notices to the alleged encroachers. Additional Solicitor General Aishwarya Bhati informed the Court that proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, were pending against the occupants. Justice Surya Kant emphasized that, given the residents’ long-term occupation and claims based on documents, a PIL was not an “effective remedy” for addressing disputed facts.
The bench stressed that while encroachments cannot be encouraged, the human aspect of the situation must be considered. Justice Kant highlighted the decades-long residency of the people and questioned the inaction of the authorities over the years.
The ASG requested an incremental lifting of the stay, citing the impact on railway expansion plans and emphasizing Haldwani’s strategic importance as the gateway to the Kumaon region. When asked how many people needed to be evicted, the ASG responded with “1200 huts.”
Approximately 30.40 hectares of railway/state-owned land have been encroached upon, with about 4,365 houses and over 50,000 residents. The Supreme Court acknowledged the railway’s needs but insisted on humane treatment and rehabilitation for those affected.
The Court directed the Union of India and the State of Uttarakhand to:
*Identify the essential strip of land needed for railway lines or infrastructure.
*Identify families likely to be affected by the vacation of that land.
*Propose a site for rehabilitating the affected/uprooted families.
Notably, the majority of Banphoolpura residents are Muslims, which has been contentious for RSS, BJP, and affiliated organizations. Some right-wing groups have compared the residents’ struggle to the Shaheen Bagh protest against the CAA, with allegations that many residents are Rohingya Muslims.
The state BJP government’s campaign against the minority population in Banbhoolpura saw violence in February 2024, resulting in six deaths due to alleged police firing during the takeover and demolition of a mosque on government land. The area experienced a prolonged curfew and alleged police atrocities. Over a hundred people, including five women from the minority Muslim community, have been charged under stringent UAPA provisions and have been in jail since February 2024.
