A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi noted that development projects require vacant land on both sides and that those occupying railway property cannot decide where tracks should be laid.
File image of the Supreme Court of India (IANS photo)
The Supreme Court of India on Tuesday said residents facing eviction from railway land in Haldwani cannot insist on being rehabilitated at the same site, observing that the land belongs to the Railways and encroachers cannot dictate how it should be used.
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi noted that development projects require vacant land on both sides and that those occupying railway property cannot decide where tracks should be laid.
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The Court observed that instead of insisting on rehabilitation at the same location, affected families could be relocated to alternative sites with better facilities.
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The Bench said most affected families would fall under the Economically Weaker Section (EWS) category and could seek rehabilitation under the Pradhan Mantri Awas Yojana. It added that while residents’ livelihoods should not be disrupted, the matter cannot remain stalled indefinitely.
More than 4,000 families in Haldwani’s Banbhoolpura area are facing eviction following an order by the Uttarakhand High Court directing the removal of encroachments from railway land. The Supreme Court had earlier stayed the eviction and asked authorities to explore rehabilitation options.
On Tuesday, the Court directed the Collector of Nainital and local authorities in Haldwani to distribute application forms under the PM Awas Yojana to affected residents. It also asked the State Legal Services Authority to organise rehabilitation camps at the site to help families apply for housing benefits.
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