India Tomorrow
NEW DELHI: The Supreme Court on Wednesday granted the State of Uttarakhand two months to develop a rehabilitation plan for individuals facing eviction by the Railway authorities in Haldwani.
This decision comes as part of an ongoing case where the Union of India/Railways Ministry has requested a modification of a previous order that stayed the eviction of nearly 50,000 people alleged to have encroached on railway properties. The stay order against the Uttarakhand High Court’s eviction order was given by the Supreme Court in January 2023 on a petition filed by one Abdul Matten Siddiqui.
The railways had previously reported that a retaining wall protecting the railway tracks was destroyed by the Ghuala River’s flooding during last year’s monsoon. Consequently, the railways have requested urgent access to a strip of land to ensure the safety and functionality of their operations.
In December 2022, the Uttarakhand High Court had ordered the eviction of these individuals in a Public Interest Litigation.
The Supreme Court stayed this order in January 2023, and the interim stay has been extended multiple times since then.
The Supreme Court emphasized that any eviction should be accompanied by adequate rehabilitation measures, as many residents have claimed ownership based on documentation. Justice Kant had previously noted that Public Interest Litigation might not effectively resolve these disputes involving factual claims.
The Court has directed the Chief Secretary of Uttarakhand to convene a meeting with the railway authorities, the Divisional Senior Manager of Uttarakhand, and the Ministry of Housing and Urban Affairs to create a fair and acceptable rehabilitation scheme.
The Union govenrment reported that about 30.40 hectares of land, which includes roughly 4,365 houses and over 50,000 residents, is under encroachment. It was noted that 1,200 huts are among those targeted for eviction.
During today’s proceedings, Senior Advocate Balbir Singh, representing Uttarakhand, informed the Court that progress is being made according to the previous order. He stated that a joint meeting with the Ministry of Housing, state authorities, and the Railways has taken place. He requested two months to finalize a suitable rehabilitation plan and mentioned that a joint survey team would identify the affected families, currently estimated at around 4,500.
Uttarakhand has also identified approximately 30 hectares of land for relocation, pending confirmation from the Railways. Senior Advocate Colin Gonsalves, representing the petitioner, argued that the retaining wall is nearly complete and that flooding is no longer a threat, suggesting that no one needs to be relocated. Singh countered that this solution is not permanent.
Justice Kant proposed that the Railways consider a phased approach to the project, which might reveal that not all families need to be relocated. The case was adjourned to allow Uttarakhand to submit a concrete proposal, with interim directions remaining in place.
The Court’s order recorded that: “Mr. Balbir Singh submits that the rehabilitation of those affected is actively being considered. He requests two months to present a concrete proposal. Counsel for the petitioner has no objections. The case will be listed for consideration on a future date, with interim directions continuing.”
