New Delhi: The Supreme Court Thursday stayed Uttarakhand High Court's order regarding removal of encroachments from 29 acres of railway land in Haldwani.
The apex court issued notices to the Railways and the state government seeking their responses on a batch of pleas challenging the high court order for removal of encroachments.
A Supreme Court bench comprising Justices SK Kaul and AS Oka said, “A workable arrangement is necessary to segregate people who may have rights/no rights coupled with schemes of rehabilitation which already exists while recognising the need of the railways.”
“We have put to the ASG that full rehabilitation of the persons in the area is needed. Issue notice. In the meantime there shall be stay of the directions passed in the impugned order. There should also be restrain any more construction/development on the land,” the bench added.
The top court has posted the matter for further hearing on February 7.
On December 20, the high court ordered demolition of constructions over the encroached railway land. It directed that a week's notice be given to the encroachers after which the encroachments should be demolished.
The residents claimed that they had the relevant documents and expressed hope that the apex court would consider the fact that they had been living on the land for 100 years and deliver a verdict in their favour.
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.
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