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Supreme Court Directs Uttarakhand to Rehabilitate Those Affected by Anti-Encroachment Drive

25 Jul. 24: The Supreme Court on Wednesday emphasized the need for authorities to identify and implement a rehabilitation scheme for those likely to be affected by the anti-encroachment drive in Haldwani, Uttarakhand.

The court instructed the Uttarakhand Chief Secretary to convene a meeting with railway authorities and the Union Ministry of Housing and Urban Affairs to discuss the issue. Justice Surya Kant, heading a three-judge bench, mandated that the land required for railway development be identified along with the families who would be impacted by the acquisition. This task is to be completed within four weeks, as per a report by the Indian Express.

The bench, which also included Justices Dipankar Datta and Ujjal Bhuyan, was responding to a plea by the Railways seeking a modification of a January 5, 2023, order that had stayed the eviction mandated by the Uttarakhand High Court. Additional Solicitor General (ASG) Aishwarya Bhati, representing the Railways, urged the court to lift the stay incrementally. However, the bench sought clarity on the proactive steps taken by the Railways concerning the issue.

Justice Surya Kant acknowledged the legal proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, against the alleged encroachers but stressed the humane aspect, noting that many of these individuals have resided in the area for decades in established homes. “Assuming they are encroachers, still…they are all human beings. They have been residing for decades. These are all pucca houses,” he stated.

The Supreme Court will revisit the matter on September 11, 2024, to review the progress made on the rehabilitation efforts and other related developments.

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