SC stays removal of encroachments from Railway land in Haldwani

New Delhi: In a relief to thousands of people facing imminent threat of demolition of their houses in winter, the Supreme Court on Thursday stayed the Uttarakhand High Court order for removal of encroachments from 29 acres of land claimed by the railways in Haldwani, terming it a "human issue" and saying 50,000 people cannot be uprooted overnight.

According to the railways, there are 4,365 encroachers on the land, while the occupants are holding protests at Haldwani asserting they are its rightful owners.

Nearly 50,000 people, a majority of them Muslims, belonging to over 4,000 families reside on the disputed land.

Observing that many of the occupants have claimed they have been residing there for over 50 years, a bench of Justice S K Kaul and A S Oka noted there is a "human angle" to the problem and the authorities have to find a "practical way out".

The apex court issued notices to the railways and the Uttarakhand government seeking their responses to a batch of pleas challenging the high court order for removal of encroachments.

"Notice. In the meantime, there shall be stay of directions passed in the impugned order," said the bench, which posted the matter for further hearing on February 7.

"We do believe that a workable arrangement is necessary to segregate people who may have no rights on 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 it may not be correct to say to bring in paramilitary forces to dispossess these people.

In its December 20 last year order, the high court had said, "The railway authorities in coordination with the district administration, and if need be, with any other para-military forces, shall immediately, after giving a week's notice to the occupants over the railways land, ask them to vacate the land within the aforesaid period." The apex court, however, said since people sought to be removed have stayed there for so many years, some rehabilitation has to be found for them.

It said, "People have lived there for 50, 60, 70 years. Some rehabilitation scheme will have to be done. Even let us assume for the sake of arguments, it is completely railways land, some scheme will have to be done." Additional Solicitor General (ASG) Aishwarya Bhati, appearing for railways, said the land belongs to the railways and 4,365 unauthorised occupants have been identified.

The bench said these people have claimed they have the leases and also the properties of those, who migrated in 1947, were auctioned and, in that process, they have got the properties.

"What is troubling us is this. One, how do you deal with a scenario where people may have purchased in the auction... If the people have acquired title, how will you do it?" the court asked the railways.

Bhati said there are existing schemes of the Centre and the state government and, if these people apply, they could be considered for rehabilitation. But their stand has been that it is their land, the government counsel said.

"We have to see, maybe all of them cannot be painted by the same brush. Some may be having no rights at all. Even in those cases where no rights exist and it is the railways' land, some scheme will have to be there for rehabilitation," the bench said.

It said there may be cases where auction have taken place and people have purchased properties and built houses.

"There is a human angle to the problem. You have to work out something," the bench said, adding somebody will have to give them hearing and examine documents to find out what is their right.

It suggested that a mechanism can be created where everybody can be heard and their documents examined.

"We are trying to tell you, find out some solution. This is a human issue," the bench said, adding, "Somebody has to examine whether somebody is entitled for rehabilitation." "But there are multiple angles arising from the nature of the land, ownership of the land, the nature of rights conferred...," it acknowledged.

Bhati said it should be considered how critical the land is for development of the area and the railway station there is really the gateway to entire Uttarakhand.

She said the railways cannot expand at the Kathgodam station which is just five km away from Haldwani.

"We began by saying we understand your (railways) needs," the bench said.

Bhati said the railways is not coming in the way of rehabilitation.

While noting in it order that the ASG has emphasised on the need of the railways, the bench said the moot point to be considered would be the stand of the state government as to whether the complete land is to vest in the railways or the state is also claiming a part of it.

The bench said apart from that, there are issues of occupants claiming rights to the land as lessees or auction purchasers.

"There cannot be uprooting of 50,000 people overnight within seven days," it said.

At the outset, one of the advocates appearing for the petitioners said the matter involves around 50,000 people who are residing there for decades.

Another counsel argued that orders under the Railway Public Premises (eviction of unauthorised occupants) Act, 1971, were passed ex-parte during Covid times where the affected people were not given the opportunity of being heard.

"We don't want you to be displaced overnight and being thrown away," the bench observed during the hearing.

While staying the high court directions, the apex court said there has to be complete restraint on any further alteration of land, whether by the existing occupants or by the railways.

The high court had ordered demolition of constructions on alleged 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 land in Banbhoolpura.

The petitioners have claimed they are in possession of valid documents that clearly establish their title and valid occupation.