Haldwani land encroachments case: The Supreme Court on Thursday stayed High Court order and issued a notice to the Uttarakhand government and Railways after hearing a host of pleas related to alleged land encroachment in Uttarakhand's Haldwani. A bench of justices S K Kaul and A S Oka observed that it is a "human issue" and some workable solution needs to be found. Supreme Court fixed the case for hearing on February 7.
"50,000 people can’t be uprooted overnight," SC said.
However, the top court said it did not stay the proceedings and only the directions of the HC stayed.
The petitions had challenged the Uttarakhand High Court order for removal of encroachments from 29 acres of railway land in Haldwani, Uttarakhand.
Meanwhile, the matter heated up the political atmosphere in Uttarakhand as hundreds of residents whose homes came under bulldozer threats staged huge sit-in protests in Haldwani. According to the railways, there are 4,365 encroachers on the land.
What’s residents’ stand
The residents submitted in their plea that the high court has gravely erred in passing the impugned order despite being aware of the fact that proceedings with regard to title of the residents including the petitioners are pending before the district magistrate. "It is submitted that the High Court has gravely erred in not appreciating that the alleged Demarcation Report dated April 7, 2021 placed before it by the Railway Authorities, was a hollow sham that revealed no demarcation whatsoever. Despite extracting the covering letter of the Demarcation Report in the impugned order, the actual contents of the Report that only contained the names and addresses of all the residents, were not gone into by the High Court," the plea said.
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The residents contended the "arbitrary and illegal" approach adopted by the railways and state authorities as well as the upholding of the same by the high court has resulted in gross violation of their right to shelter.The petitioners claimed they are in possession of valid documents that clearly establish their title and valid occupation.
"It is further submitted that the High Court ought to have given due consideration to all these documents instead of making allegations of vote bank politics against State.
Additionally, the names of the local residents have been recorded in the municipal records in the house tax register and they are paying the house tax regularly," they said.
Uttarakhand HC’s decision
The Uttarakhand High Court on December 20 ordered demolition of constructions over encroached railway land at Banbhoolpura in Haldwani.
The high court had directed that a week's notice be given to the encroachers after which the encroachments should be demolished.
There are religious places, schools, business establishments and residences on an area spread over 29 acres of alleged encroached railway land in Banbhoolpura.
On November 9, 2016, the high court had ordered the removal of encroachments from the railway land within 10 weeks, while hearing a PIL filed by Ravi Shankar Joshi.
The court had said that all encroachers should be brought under the Railway Public Premises (eviction of unauthorised occupants) Act 1971.
Politics on the matter
A Samajwadi Party delegation from Uttar Pradesh arrived Wednesday at a Haldwani locality to extend support to people who face eviction from “encroached” railway land, a day before the matter comes up before the Supreme Court.
Former Uttarakhand chief minister Harish Rawat also held a one-hour silent protest at his home in Dehradun against the planned clearance of encroachments in Banbhoolpura following an Uttarakhand High Court order.
A banner hanging behind the Congress leader said, "Bulldozers are no solution to the problems of the people of Banbhoolpura. Chief Minister, please save the roofs of people from being pulled down."
Moradabad MP S T Hasan, who led the SP delegation sent by party president Akhilesh Yadav, questioned the railway’s claim.
"How does the land belong to the railway? Whom did it buy it from? People have been living on it for more than 100 years," Hasan told reporters, soon after meeting local residents. The state government has provided people facilities like hospitals, schools and sewer lines to the area, he said.
Candlelight march against HC order
On Tuesday night, Banbhoolpura residents took out a candlelight march. The protesters said the civic action will render them homeless and jeopardise the future of their school-going children.
Haldwani turned into a fortress
Eight companies of the India Reserve Battalion and the Provincial Armed Constabulary, and 10 companies of the Railway Protection Force will soon be deployed in Haldwani, he said.
(With PTI input)
