Supreme Court asks for rehabilitation plan before uprooting Banphoolpura residents of Haldwani
Listen to this articleSupreme Court asks for rehabilitation plan before uprooting Banphoolpura residents of Haldwani
S.M.A.KAZMI
Dehradun , July 25
In a significant move the Supreme Court giving further relief to the residents of Banphoolpura area of Haldwani city of Nainital district facing eviction orders from railway authorities, stated that the authorities should ensure the rehabilitation of people before evicting them to secure land for the development of Haldwani railway station.
A three judge bench comprising Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan on July 24 hearing an application moved by the Union of India/Railways seeking modification of the order staying the eviction of nearly 50,000 people , who have allegedly encroached upon the railway properties in Haldwani. The railways stated that a retaining wall protecting the railway tracks was demolished by the violent flow of the Ghuala River during the last year’s monsoon and urged that a strip of the land be made available urgently to facilitate the railway operations
The bench however questioned the railways if they had done anything against the alleged encroachers all these years, who have been in settled possession of the land for several decades. Instead of initiating statutory proceedings against them, the railway chose to “ride on the back” of a Public Interest Litigation filed by a private individual, said Justice Bhuyan.
The Court directed the Chief Secretary of Uttarakhand to convene a meeting with the railway authorities (Divisional Senior Manager, Ukhand) and the Ministry of Housing and Urban Affairs, Govt of India to immediately devolve a rehabilitation scheme subject to such conditions which are “fair, just, equitable and acceptable to all the sides.”
“As the first initiative, let the land which is required immediately be identified with full description. Similarly, the families who are likely to be affected in the event of taking possession of that land also be immediately identified,” the bench observed. The exercise has to be completed within four weeks. The matter will be heard next on September 11, 2024.
It may be noted that the evictions from the railway lands were ordered by the Uttarakhand High Court in December 2022 in a Public Interest Litigation.
In a significant order giving relief to more than 50,000 residents of Banphoolpura area of Haldwani town on January 5, 2023, the Supreme Court stayed the order of the Nainital High Court regarding demolition of their houses built on railway land. In the light of Nainital High court order, the railways had given eviction notices to the more than 4000 families to vacate their premises within a week. The residents claimed that they had been in occupation of the land for the past more than sixty years and had Aadhar card,ration card, voters Identity cards, schools, community centres, water and electricity lines, two over head water tanks, temples and mosques and a sewerage line provided by the state government. More than 50,000 residents were to be affected by the eviction orders.
Ruling against the High Court order to remove alleged encroachers within a week, the Supreme Court observed “there cannot be uprooting of 50,000 people in 7 days”.
An Apex court bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka passed the order while issuing notice to the State of Uttarakhand and the Railways in a batch of special leave petitions filed against the judgment passed by a division bench of the High Court on December 20, 2022. A double bench of the Nainital high court headed by Chief Justice R.C.Khulbe had ordered eviction on a Public Interest Litigation (PIL) filed by one Ravi Shankar Joshi. On the application moved by railways on July 24, 2024, Justice Ujjal Bhuyan asked,” 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.” .
According to media reports, Additional Solicitor General Aishwarya Bhati informed the Court that the proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 were also pending against the occupants. Justice Surya Kant pointed out that since many residents were claiming title based on documents, a PIL was not an “effective remedy” to address the disputed questions of fact.
“Assuming they are encroachers, still the ultimate question is…they are all human beings. They are residing for decades. These are all pucca houses. Courts can’t be ruthless, but at the same time, courts cannot encourage people to encroach. You as the State, when everything has been happening before your eyes, you also had to do something,” Justice Kant said
“The fact remains that people have been living there for 3-5 decades, perhaps even before independence. What you have been doing all theses years?” Justice Kant asked. When the ASG said that the Railways had referred the proceedings under the Public Premises Act to the Collector, Justice Kant asked, “What did they do? Why shouldn’t we hold the collectors accountable?”
ASG requested the bench to vacate the stay on an “incremental basis”, saying that several expansion plans of the railways have been thwarted due to the unavailability of the land. She emphasised that Haldwani is the gateway to the hills and the last station before the Kumaon region. When the bench specifically asked how many people need to be evicted for the present purposes, ASG replied, “1200 huts.”
During the hearing, the bench was told that approximately 30.40 hectares of railway/state-owned land had been encroached upon and that there were about 4,365 houses and over 50,000 residents. The Supreme Court acknowledged the need of the railways but stressed the need for humane treatment and rehabilitation of those affected.
In view of the fact that “hundreds of families have been living at the site for decades”, the bench impressed upon the Union of India and the State of Uttarkhand to undertake the following. Firstly, Identify the strip of the land (including width and length) which may be essentially required without any delay for the purpose of shifting of railway lines or for the construction of necessary infrastructure. Secondly, Identify the families who are likely to be affected in the event of vacation from that strip and Thirdly, propose site where such affected/uprooted families can be rehabilitated.
Interestingly, the majority of the residents of Banphoolpura are Muslims and was an irritant for the RSS, BJP and its’ affiliate organisations since long. Some of the right wing groups had started comparing the struggle by the residents as another ‘Shaheen Bagh’ protest against CAA. Even one of their ‘Sadhu’ had alleged that most of residents of Banphoolpura are ‘Rohinga’ Muslims.
The campaign by the state BJP government against the minority population inhabitating a part of Banbhoolpura locality also saw violence in February, 2024 in which six persons were killed in alleged police firing following takeover and demolition of a mosque allegedly built on government land. The area saw prolonged curfew and alleged police atrocities on its’ residents. More than a hundred persons including five women belonging to the minority Muslim community have been charged under stringent UAPA Act provisions and are in jail since February, 2024.
