New Delhi, July 26: In a landmark ruling, the Supreme Court has mandated that authorities must formulate a comprehensive rehabilitation plan for the residents of Banphoolpura in Haldwani, Nainital district, before executing eviction orders. This decision, aimed at facilitating the development of the Haldwani railway station, emphasizes the need for a humane approach to the relocation process.
The three-judge bench, consisting of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, addressed an application from the Union of India/Railways seeking a modification of the order that had stayed the eviction of nearly 50,000 individuals accused of encroaching on railway properties. The railways cited the need for land to reconstruct a retaining wall damaged by the Ghuala River during last year’s monsoon.
Justice Bhuyan criticized the railways for relying on a Public Interest Litigation (PIL) rather than initiating statutory proceedings against the alleged encroachers, who have resided on the land for decades. The Court directed the Chief Secretary of Uttarakhand to meet with railway authorities and the Ministry of Housing and Urban Affairs to develop a fair, just, and equitable rehabilitation scheme within four weeks. The case will be reviewed again on September 11, 2024, reported the Hindustan Times.
The Supreme Court’s decision comes in response to a December 2022 Uttarakhand High Court order, following a PIL filed by Ravi Shankar Joshi, which directed the eviction of residents from railway lands. The Supreme Court had stayed this order in January 2023, citing the impracticality of uprooting 50,000 people within seven days.
During the July 24, 2024, hearing, Justice Bhuyan questioned the lack of direct notices to the alleged encroachers and the appropriateness of using a PIL to address such complex disputes. Additional Solicitor General (ASG) Aishwarya Bhati informed the Court that proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, were pending.
Justice Surya Kant underscored the importance of considering the human aspect, given the long-term occupation and claims based on residents’ documentation. The bench emphasized that while encroachments cannot be encouraged, the authorities must address the residents’ needs compassionately.
The ASG highlighted the necessity of lifting the stay incrementally to facilitate railway expansion, noting Haldwani’s strategic importance. Approximately 30.40 hectares of railway/state-owned land have been encroached upon, with about 4,365 houses and over 50,000 residents affected.
The Court directed the Union of India and the State of Uttarakhand to identify the essential land needed for railway purposes, determine the families likely to be affected, and propose a rehabilitation site.
The predominantly Muslim community of Banphoolpura has faced tensions, with some right-wing groups drawing parallels to the Shaheen Bagh protests. The state BJP government’s campaign against the minority population saw violence in February 2024, resulting in six deaths and numerous arrests under stringent UAPA provisions.
