Supreme Court criticizes Indian Railways' eviction efforts in Uttarakhand
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The Supreme Court has criticized the Indian Railways for attempting to evict approximately 4,000 families in Haldwani, Uttarakhand, predominantly Muslims, without following the proper legal procedure.
The Railways had sought to use a December 2022 High Court order, passed in a public interest litigation, to reclaim land in Haldwani's Banbhoolpura area, which the residents dispute belongs to the Railways.
The Supreme Court bench pointed out that the Railways should have adhered to the Public Premises (Eviction of Unauthorised Occupants) Act, which mandates advance notices to the families before initiating any eviction. The Court emphasized that bypassing the legal procedure and using the public interest litigation was inappropriate and unjust.
The families facing eviction argued that the land in question does not belong to the Indian Railways and that the state’s ruling BJP government did not effectively argue their case, resulting in the adverse High Court order. They expressed concerns that the eviction would render them homeless.
In response to protests and petitions from the affected families, the Supreme Court had stayed the High Court’s order on January 5, 2023, and later made the stay order absolute in May 2023. On July 24, 2024, the Railways filed an application seeking a partial lifting of the stay order to repair infrastructure damaged by rains.
The Supreme Court noted that some families have resided on the disputed land since before India’s independence, underscoring the complexity of the situation. The Court cautioned against allowing local vested interests to exploit the issue and called for a balanced approach to resolve it.
The Supreme Court has directed the Union and state governments to conduct a thorough assessment of the affected families and determine the land required for their rehabilitation. The Uttarakhand chief secretary was tasked with promptly formulating a rehabilitation plan in collaboration with the Indian Railways and the Union housing ministry.
The next hearing on this matter is scheduled for September 11, when further developments and the progress of the rehabilitation plan will be reviewed.