By Arun Pratap Singh
Garhwal Post Bureau
Haldwani/New Delhi, 24 Feb: The Supreme Court has delivered an important order paving the way for removal of illegal occupation from nearly 29 acres of railway land in the long-pending Banbhoolpura railway land encroachment case in Haldwani. The apex court has directed that encroachments on the said land be cleared and ordered that a detailed survey be undertaken after 19 March to ascertain the eligibility of residents for rehabilitation benefits under applicable government schemes, including the Pradhan Mantri Awas Yojana.
It may be recalled that this matter has remained under judicial scrutiny for nearly two years in the Supreme Court after the Uttarakhand High Court earlier ordered eviction. The case concerns more than 4,500 residential structures situated in areas such as Indira Nagar, Banbhoolpura, Chhoti Line, Ghafoor Basti and Line Number locality. During the approximately 55-minute hearing held today, the Supreme Court bench examined various aspects of the dispute, balancing the state’s ownership rights over the land with humanitarian concerns relating to rehabilitation of affected families.
The SC observed that the land in question belongs to the state and the Railways and that the authorities have the legal right to utilise their land in accordance with law. At the same time, the court directed that families likely to be affected by the eviction be properly identified and surveyed to determine whether they fall within the economically weaker sections or low-income categories eligible for rehabilitation. The court further indicated that rehabilitation centres may be developed in Banbhoolpura and that eligible families may be provided housing support. As an interim relief measure, the court further ordered that affected persons be paid Rs 2,000 per month for a period of six months to mitigate hardship.
Chief Justice of India (CJI) Surya Kant, during the hearing, observed that residents cannot insist on remaining at the same location if better alternative facilities are available elsewhere. He remarked that for any major public infrastructure project, adequate vacant space on both sides is essential and that those residing on railway land cannot dictate where railway lines or related infrastructure should be laid. Justice Joymalya Bagchi also noted that there is no dispute regarding the fact that the land belongs to the state and that it is within the state’s authority to determine how to utilise it. He, however, emphasised that while the primary issue concerns removal of encroachments, the manner in which rehabilitation is undertaken must ensure that affected residents receive some measure of support. He observed that prima facie the relief being considered appears more in the nature of assistance than an enforceable right.
During the proceedings, counsel for the Railways submitted that the land is required for expansion and development of railway infrastructure and related public projects. The Railway authorities have previously informed the court, as reported in national media, that the land is crucial for operational safety, yard expansion and future connectivity projects in the Kumaon region. The matter had earlier attracted widespread attention in January 2023 when eviction proceedings pursuant to the High Court’s order led to public protests, after which the Supreme Court granted interim protection and directed exploration of rehabilitation measures before any demolition.
Meanwhile, reacting to the development, SSP Nainital Manjunath TC stated that the issue is entirely a legal matter and its resolution will be strictly in accordance with due process of law. He cautioned that any unwarranted commentary or attempts to incite unrest in response to the SC order would not be tolerated. He said that law and order would be maintained at all costs and that no one would be permitted to disturb public peace. The SSP further informed that potential troublemakers have been identified and engaged through one-to-one dialogue, with several rounds of meetings held over the past month. In some cases, preventive action has also been initiated and necessary legal formalities completed. Field-level security arrangements have been strengthened and the police remain on full alert.
The SSP personally visited Banbhoolpura today to review security arrangements in view of the sensitive nature of the case. Heavy police deployment has been ensured in the affected localities under his supervision. With the SC order now clarifying the legal position on removal of encroachments while directing a structured rehabilitation process, it remains to be seen, how the he forthcoming survey is carried out and how effectively the outcomes are implemented in respect of implications for thousands of residents.
