By Arun Pratap Singh
Garhwal Post Bureau
Haldwani (Nainital): With the Supreme Court likely to pronounce its verdict tomorrow in the high-profile Banbhoolpura railway land encroachment case, Haldwani has virtually been turned into a fortress. The district and police administrations, in coordination with the Railway Department, have intensified preparations to ensure peace in the area in case the SC directs vacation of encroachments in the case. The administration and the Railways have held several joint meetings and the local intelligence has also been strengthened in the area. A heavy police presence now covers the sensitive Banbhoolpura locality and the vigil by the Police and other authorities is now stated to be very tight in view of possibility of attempts to disrupt the peace or incite the people.
It may be reminded here that the case pertains to nearly 30 hectares of land around Haldwani railway station, long embroiled in a protracted legal battle. The issue first gained prominence in 2022 when a Public Interest Litigation (PIL) was filed before the Nainital High Court alleging large-scale encroachment on railway land in Banbhupura area of Haldwani. In 2023, the High Court had delivered a verdict, directing eviction. This naturally prompted the Railways and district administration to initiate action to remove the encroachments. The land is stated to be mostly encroached by people of one particular community and the administration action resulted in intense protests by the encroachers, who approached the Supreme Court. The Supreme Court stayed action on the HC judgement to evict the encroachments. The Supreme Court had previously directed the state governments across the country and the railways to take action in getting its land evicted of encroachments. However, a stay was granted in this particular case, bringing to halt all the action by the authorities and the Railways. Subsequent hearings were held and now a verdict is expected tomorrow in this particular case.
In this case, approximately 3660 houses are inhabited by more than 5236 families on around 30 acres of Railway land. It is a predominantly Muslim area and the residents have claimed long-term residence and raised concerns over rehabilitation. The case has since remained under the apex court’s scrutiny, and the forthcoming verdict is expected to be decisive in determining the future course of action.
Meanwhile, speaking to the media, SP Crime Jagdish Chandra today shared that the police have completed all arrangements in anticipation of the judgment. The Railway Protection Force and district police conducted a flag march yesterday and urged the residents not to fall prey to rumours. The administration has also assured the residents that the court’s order will be fully respected. City Magistrate Gopal Singh Chauhan also stated that the administration is closely monitoring the situation and will act firmly against any attempt to disturb peace.
It may be recalled that Banbhoolpura has previously witnessed serious unrest, violence and riots against the Police and the district administration, particularly on 8 February last year when the administration had initiated action to demolish an illegally constructed Madrassa on Nazul land. Violence had then spiralled out of control as miscreants torched the Banbhoolpura police station and hurled stones at officials and police personnel, injuring several, including media representatives. Four people died in the clashes, after which curfew was imposed to restore order. Given this fraught history, authorities are taking no chances this time as the Supreme Court’s crucial ruling is likely tomorrow.
It may also be recalled here that the dispute over the nearly 30 hectares of railway land surrounding Haldwani railway station has a long history marked by repeated attempts by authorities to clear encroachments and equally strong resistance from local residents. The encroachment on the land dates back to before the formation of Uttarakhand as a separate state but the encroachments have continued to expand over the years. Since the mid-2000s, the Railways had intermittently issued notices and carried out surveys, but large-scale eviction efforts remained stalled owing to social and political reasons and vote bank politics. In 2017 and 2019, the Railways had again attempted to initiate clearance drives, but the moves were halted after protests by residents who claimed long-term occupation rights and sought rehabilitation. The issue however escalated in 2022 when a PIL was filed before the Nainital High Court alleging extensive illegal encroachment and seeking directions for eviction. Acting on the PIL, the High Court repeatedly expressed concern over the scale of encroachment on railway property. In December 2022 and again in early 2023, the court issued firm directions to remove all unauthorised structures, terming the occupation illegal and ordering the state administration and the Railways to carry out evictions within a stipulated timeframe.
Following the High Court’s orders, the Railways, assisted by the district administration, undertook preparations for a sweeping demolition drive, issuing notices and mobilising machinery. However, massive protests erupted in Banbhoolpura, with thousands of residents asserting that they should not be uprooted without rehabilitation. The protests drew national attention, prompting affected families to approach the Supreme Court. The apex court subsequently stayed the High Court-mandated eviction and began hearing the matter in detail, examining issues related to rights, rehabilitation and the legitimacy of claims over the land. Since then, the case has been pending before the Supreme Court, which is now poised to issue a decisive judgment tomorrow.
