Haldwani Railway Land Encroachment: SC Stays Uttarakhand High Court Order, Stresses On Rehabilitation

The Supreme Court on Thursday (5 January) stayed the Uttarakhand HC order on removal of encroachments from railway land in Haldwani.

An apex court bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka 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 20 December 2022.

"There shall be a stay on the directions passed by the High Court," the top court ordered.

The petitions challenged the Uttarakhand High Court order authorised which had authorised eviction of over 4,000 families from land claimed by the Indian Railways in Haldwani after giving them a week's notice.

"We have heard the learned counsel for the parties. ASG has emphasised the need for the railways. The moot point to be considered whether the complete land is to vest in the railways or whether the State government is claiming a part of the land," the apex court said in its order, reports LiveLaw.

"Apart from that, there are issues of occupants claiming rights on the land as lessees or auction purchasers. We are on the way the order has been passed as there cannot be uprooting of 50,000 people in 7 days. There has to be a workable arrangement, including rehabilitation," the Court said.