Supreme Court stays Haldwani demolition, says 50000 citizens cannot be displaced in 7 days

The Supreme Court issued a notice to the Uttarakhand government and India Railways on the pleas challenging Uttarakhand High Court’s decision ordering the state authorities to remove encroachments from railway land in Haldwani's Banbhoolpura area.

Supreme Court has imposed an interim stay on the Uttarakhand High Court’s decision ordering the state authorities to remove encroachments from railway land in Haldwani’s Banbhoolpura area. The court clarified that only the high court's directions had been stayed, not the proceedings.

A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka observed that the displacement of 50,000 citizens cannot happen overnight and that a solution needs to be worked out. The court also observed that there should be some scheme regarding rehabilitation.

It further noted that clarity was required on land ownership, the court said, adding that a seven-day notice to vacate the land is not right. The bench observed that some of the residents of the alleged Railways land in Haldwani had been residing there for over five decades and had been claiming rights through lease and auction purchases. Justice Kaul asked, "How can you say clear them off in seven days? Some rehabilitation has to be given. There are establishments there."

The Supreme Court issued a notice to the Uttarakhand government and India Railways on the pleas challenging Uttarakhand High Court’s decision ordering the state authorities to remove encroachments from railway land in Haldwani's Banbhoolpura area.

The matter would be heard next on February 7. 

The residents of Banbhoolpura, the locality where the Railways has claimed encroachment, contended 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. According to them, there are school, residence, business establishments and religious places on an area spread over 29 acres of alleged encroached railway land.

Responding to the Apex court order, Uttarakhand Chief Minister Pushkar Singh Dhami said that the government will proceed as per the court's order. He reiterated that the land belonged to the Railways.