Supreme Court Rebukes Indian Railways for Eviction Tactics in Haldwani

On Wednesday, the Supreme Court criticized the Indian Railways for evicting individuals from Uttarakhand's Haldwani based on a public interest litigation (PIL) order rather than following the legal procedures mandated by the Public Premises (Eviction of Unauthorised Occupants) Act.

The Bench, comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, emphasized that the Railways should have issued the necessary advance notices to the evictees. Justice Bhuyan remarked,"Railways did not act so far. If you want to evict people, then issue notice; why ride on the back of a PIL? I cannot use this. They are also people, are they not?"

The eviction orders originated from a December 2022 Uttarakhand High Court ruling directing the removal of encroachments from railway land in Haldwani’s Banbhoolpura. This directive threatened over 4,000 families with displacement.

The Supreme Court had previously stayed the High Court's order, a stay that was made absolute in May of the previous year. Families facing eviction had moved the Supreme Court, arguing that the BJP-ruled State government had not adequately represented their case, leading to the adverse High Court ruling. They also contended that eviction would render them homeless as they belong to marginalized sections of society.

An application by the State seeking a partial vacation of the stay was listed before the Supreme Court. The Railways argued that eviction was essential to repair and upgrade the Haldwani railway station, which had been damaged during the rains, to accommodate flagship trains like Vande Bharat.

Justice Kant noted that some families had resided on the land since before India's independence. He also pointed out the influence of local vested interests, stating, "At the same time, let us keep this away from vested local interests. There are so many vultures, who must have told them they have title rights."

Given that hundreds of families have lived on the land for decades, the Supreme Court directed the Union and State Governments to take specific steps within a month:

1. Identify the length and width of the land needed;

2. Identify the number of affected families; and

3. Decide on rehabilitation plans for the families.

The Court instructed the Uttarakhand Chief Secretary to convene a meeting with the Indian Railways and the Union Housing Ministry to immediately prepare a rehabilitation scheme subject to necessary approvals. The matter will be reviewed on September 11.

Author: Anushka Taraniya
News Writer