’50,000 People can’t be uprooted overnight’: SC stays Uttarakhand HC’s Haldwani eviction order

mangaloretoday.com/ News18

New Delhi, Jan 05, 2023: The Supreme Court while hearing the plea challenging the Uttarakhand High Court’s plea directing the removal of encroachments from 29 acres of railway land in Haldwani on Thursday has decided to put a stay on the high court’s order citing that 50,000 people cannot be uprooted overnight.

 

The Supreme Court while hearing the plea challenging the Uttarakhand High Court’s plea directing the removal of encroachments from 29 acres of railway land in Haldwani on Thursday has decided to put a stay on the high court’s order citing that 50,000 people cannot be uprooted overnight.

“There has to be a restrain on further construction or development on this land" the court noted while pronouncing the judgment. The next hearing is scheduled to take place on February 7.

A bench comprising Chief Justice D Y Chandrachud and Justices S A Nazeer and P S  Narasimha posted the matter for hearing after advocate Prashant Bhushan mentioned it.

Advocate Bhushan submitted that the case of more than 5,000 houses in Haldwani being demolished is similar to the matter scheduled to be heard on Thursday. The apex court agreed to tag the matter and posted the matter for hearing on Thursday.

What is the Haldwani Encroachment Issue?

In 2013, a public interest litigation (PIL) was filed in the High Court of Uttarakhand against illegal mining in Gaula river running adjacent to the Haldwani railway station. The High Court, situated in Nainital, took suo moto cognisance and ordered the railways to examine the encroachments in this area. In a joint survey, in 2017, with the state government authorities, the railways identified 4,365 encroachments.

The Uttarakhand High Court on December 20 ordered the removal of encroachments from 29 acres of railway land in the town’s Banbhoolpura area after giving a one-week advance notice to encroachers to vacate it.It also said that the railways, in coordination with the district administration, and if needed, any other paramilitary forces, should ask the people to vacate the land.

Banbhoolpura Residents Oppose Eviction

The Congress and Samajwadi Party are protesting against the eviction order. Samajwadi Party leader SK Rai said a 10-member party delegation which includes MP ST Hasan and senior MLAs will reach Haldwani on Wednesday.

“This is a conspiracy to evict thousands of minority families from their homes residing since decades. And Samajwadi Party will do everything to support the families" Rai said.

The Vanbhoolpoora residents say that they have been living in Haldwani since decades. Thousands of them protested the removal of encroachments, saying it will render them homeless and jeopardize the future of their school-going children. The move will affect a large number of women, children, and the elderly.

According to officials, the anti-encroachment drive is on about 2.2 km of railway land at Haldwani station. Falling under the Izzatnagar division of North Eastern Railway, the land – from 80.710 to 82.900 km – in Lal Kuan to Kathgodam (LKU-KGM) section has been under encroachment.