SC stays demolition of houses in Haldwani in Uttarakhand

The apex court said that some workable solution needs to be found while staying the High Court order to remove encroachments from railway land in Haldwani.

New Delhi, Jan 05: The Supreme Court on Thursday stayed the High Court order to remove encroachments from railway land in Haldwani's Banbhoolpura area in Uttarakhand.

The apex court issued 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.

According to the railways, there are 4,365 encroachers on the land. A bench of justices SK Kaul and AS Oka observed that it is a "human issue" and some workable solution needs to be found, PTI reported.

"We do believe that a workable arrangement is necessary to segregate people who may have no rights in the land.... coupled with schemes of rehabilitation which may already exist while recognising the need of the Railways," the bench said.

The top court observed that the authorities have to find a "practical way out". "There are multiple angles arising from the nature of the land, ownership of the land, the nature of rights conferred....," it said, adding, "We are trying to tell you, find out some solution. This is a human issue."

The bench observed that Additional Solicitor General Aishwarya Bhati, who appeared for the railways, has emphasised on the needs of the railways. It said the moot point to be considered would be the stand of the state government also as to whether the complete land is to vest in the railways or the state is claiming a part of it.

The bench said, apart from that, there are issues of occupants claiming rights on the land as lessees or lease hold or auction purchases.

Responding to the court verdict, Uttarakhand Chief Minister Pushkar Dhami said, "We've said earlier also it is a railway land. We will proceed as per the court's order."

The top court has posted the matter for further hearing on February 7 while barring any new construction or development on the land. "The Supreme Court said there will be no construction on that land. Rehabilitation scheme to be kept in mind. There are schools, colleges and other solid structures that cannot be demolished like this," Lubna Naaz, advocate of the petitioner, told ANI.

On January 4, advocate Prashant Bhushan mentioned the plea before the top court saying, more than 5,000 houses in Haldwani are being demolished and it is similar to the matter scheduled to be heard on Thursday.

The high court on December 20 last year had ordered the demolition of constructions on encroached railway land at Banbhoolpura in Haldwani. It had directed that a week's notice be given to the encroachers after which the encroachments should be demolished.

The residents have 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.

There are religious places, schools, business establishments and residences on an area spread over 29 acres of alleged encroached railway land in Banbhoolpura.