‘Can’t uproot 50,000 people in 7 days’: SC stays Haldwani evictions

05-01-2023 : The Uttarakhand High Court’s order to evict people from railway properties in Haldwani was stayed by the Apex Court on Thursday. Over 4000 people who assert they have lived in the area for years based on legitimate documentation acknowledged by the government authorities have received eviction orders.

The SC stated that “50,000 people cannot be uprooted in 7 days.” The Uttarakhand High Court ordered that the residents be evicted within seven days.

SC bench comprising Justice Sanjay Kishan Kaul and Justice Abhay S Oka had passed the order. They passed the order while issuing notice to the State of Uttarakhand and the Railways in a batch of special leave petitions filed against the judgment passed by a division bench of the High Court on December 20, 2022, reported LiveLaw.

The Court posted the matter to February 7, 2023, asking the State and the Railways to find a “practical solution”, reported, LiveLaw.

Thousands of residents of Banbhoolpura had protested the removal of encroachments, saying it will render them homeless and jeopardise the future of their schoolgoing children.

SC noted the fact that many occupants have been residing in the area for decades claiming rights.

“There are two aspects of the issue. One, they claim leases. Two, they say people migrated after 1947 and the lands were auctioned. People stayed there for many years. Some rehabilitation has to be given. There are establishments there. How can you say in seven days clear them off?” Justice S.K. Kaul asked, reported LiveLaw.

Some rehabilitation scheme has to be done, even assuming it is railway land, Justice Kaul added.

Justice Oka said that the HC has passed the order without hearing the affected parties, LiveLaw reported. The advocates of the petitioners had argued that they have documents proving the ownership of the lands.