New Delhi: The Supreme Court on Wednesday (September 11)granted the state government of Uttarakhand two months time to submit a concrete proposal for the rehabilitation of 50,000 people facing the prospect of being displaced after removal of encroachments from railway land on which they have been living for decades in Haldwani.
Uttarakhand government sought two months for finalising the rehabilitation proposal
The Uttarakhand government told a bench comprising Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan that a joint meeting of the state, railways and other stakeholders was held in compliance with the earlier top court order and the process of identifying the land required for a railway project is in progress and sought two months for finalising the rehabilitation proposal, submitting that a new rehabilitation policy is in the works.
Centre has sought vacation of January 5, 2023 top court order staying High Court order for removal of encroachments
The apex court was hearing a plea filed by the railways seeking vacation of the January 5, 2023 top court order staying an Uttarakhand High Court order for removal of encroachments from around 29 acres of land claimed by the railways in Haldwani. The railways has said that it urgently needs a strip of land to facilitate the railway operations in Haldwani.
“The process of identifying the strip of land which is required immediately or which will be required in due course of time for completion of the project has commenced. Similarly, the matter for rehabilitation of those who are likely to be affected is also under active consideration and given two months time, a concrete proposal shall be placed on record,” the bench noted, news agency PTI reported.
Interim order of stay on High Court order will continue: Apex court
The top court also said its interim order of stay on the order of the High Court will continue.
The top court had stayed the High Court order in an interim order on January 5 last year, terming the issue a “human issue” and observing that 50,000 people cannot be uprooted overnight. The interim order of January 5 last year was extended by the top court from time-to-time.
The top court had earlier, while acknowledging railways’ need to acquire encroached railway land in Haldwani to facilitate its operations, observed that those families living on the alleged encroached railway land for decades are human beings and courts cannot be ruthless and had directed Uttarakhand chief secretary to hold a meeting with the Centre and the railways to find a way to rehabilitate 50,000 people encroaching on the railway land.
High Court ordered for demolition of constructions over encroached railway land in Haldwani
The High Court had ordered for the demolition of constructions built over the encroached railway land in Haldwani and had directed the authorities concerned in the state to give one-week notice to the encroachers after which the encroachments should be demolished.
Residents approached apex court against High Court order
The residents of the alleged encroached railway land had challenged the order of the High Court before the top court, claiming that they have been living there for decades and have the relevant documents. They submitted that the possession of the said land has been with them since prior independence and that they have been in possession of the government leases which were executed in their favour.
