"They Are Also Human Beings": SC Directs Framing Of Rehabilitation Scheme For Over 4,365 Families Accused of Encroaching Railway Properties In Haldwani

The Supreme Court has directed the humane rehabilitation of residents before proceeding with evictions aimed at clearing land for the development of Haldwani railway station in Uttarakhand.

The Court directed the Uttarakhand chief secretary to hold a meeting with the center and railways to rehabilitate the people. 

The Bench of Justice Surya Kant, Justice Dipankar Datta, and Justice Ujjal Bhuyan was hearing an Interlocutory Application (IA) filed by the Railways, seeking modification of an order to stay the eviction of approximately 4,365 families, which include 50,000 people accused of encroaching upon railway properties in Haldwani.

The railways argued that urgent access to a strip of land was necessary following the destruction of a retaining wall by the Ghuala River during last year's monsoon, which jeopardized railway operations.

However, the Bench questioned the railways on their approach to addressing the encroachment issue, criticizing their reliance on a Public Interest Litigation (PIL) rather than initiating direct statutory proceedings against the alleged encroachers.

Justice Bhuyan specifically queried, "Have you issued any notice? Why are you riding on the back of a PIL? If there are encroachers, railways should issue notice to the encroachers. How many people are you seeking to evict? They are also human beings."

Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Union of India, informed the Court about pending proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, against the occupants.

Justice Kant emphasized the need for a more effective legal remedy than a PIL, particularly in cases where residents claim ownership based on longstanding possession and documentation is involved. 

Acknowledging the residents' extended tenure, Justice Kant questioned the railways' historical inaction, stating, "The fact remains that people have been living there for 3-5 decades, perhaps even before independence. What have you been doing all these years?"

While the railways urged for a partial vacation of the stay to advance their expansion plans, the Court stressed the paramountcy of humane treatment and rehabilitation for affected families. The Court noted that approximately 30.040 hectares of land owned by the railways has been claimed to have been encroached upon. 

"There are 4,365 families, involving over 50,000 people, who are living at the site," the Court further noted. 

On perusal of the videos and photographs, the Court said that the front railway line is to be shifted, apart from other necessary infrastructure. 

The Court impressed the State of Uttarakhand and Union of India to undertake the following exercise:

i) In the first phase, to Identify the strip of the land (the width and length), which may be essentially required without any delay for the purpose of shifting of the railway lines or for the construction of necessary infrastructure.

ii) Identify the families who are likely to be affected in the event of vacation from that strip of land.

iii) The Proposed site where such affected/uprooted families can be rehabilitated.

"Since, the Point iii) would require a policy decision at the Union of India, State level, we direct  the Chief Secretary, State of Uttarakhand, to convene a meeting with the railway authorities (Divisional Railway Manager of Uttarakhand) and the Ministry of Housing and Urban Affairs to immediately evolve a rehabilitation scheme subject to such terms and conditions, which may be fair, just and equitable as well as acceptable to all the sites," the Court ordered. 

The Court directed the above exercise to be completed within four weeks and also sought a compliance affidavit to be filed. The matter is scheduled for further hearing on September 11. 

Pertinently, on January 5, 2023, the Court had stayed the order of the Uttarakhand High Court for the removal of the alleged unauthorised occupants from the Railway land, adjoining Haldwani Railway Station, known as Gafoor Basti. The Court had clarified that it has not stayed the proceedings under the Public Premises Eviction Of Unauthorised Occupants Act, 1971, but only directions of the High Court. The Court had also said that there should be no further construction on the disputed land.

Cause Title: Abdul Mateen Siddiqui v. Union of India & Ors. and Other Connected matters [C.A. No. 3518/2023]