The Supreme
Court on Thursday stayed the Uttarakhand High Court order for removal of
encroachments from 29 acres of land claimed by the railways in Haldwani,
calling it a "human issue" and saying 50,000 people cannot be
uprooted overnight.
Amid
protests by residents who insist they have title to the land, a bench of
Justices S K Kaul and A S Oka said a workable solution needs to be found.
According
to the railways, there are 4,365 encroachers on the land.
Nearly
50,000 people, a majority of them Muslims, belonging to over 4,000 families
reside on the disputed land.
The
apex court issued notices to the railways and the state government seeking
their responses to a batch of pleas challenging the high court order for
removal of encroachments.
"Notice.
In the meantime, there shall be stay of directions passed in the impugned
order," said the bench, which posted the matter for further hearing on
February 7.
"We
do believe that a workable arrangement is necessary to segregate people who may
have no rights in the land.... coupled with schemes of rehabilitation which may
already exist while recognising the need of the Railways," the bench said.
The
top court observed that the authorities have to find a "practical way
out".
"There
are multiple angles arising from the nature of the land, ownership of the land,
the nature of rights conferred....," it said, adding, "We are trying
to tell you, find out some solution. This is a human issue."
The bench
observed that Additional Solicitor General Aishwarya Bhati, who appeared for
the railways, has emphasised on the needs of the railways.
It
said the moot point to be considered would be the stand of the state government
also as to whether the complete land is to vest in the railways or the state is
claiming a part of it.
The
bench said, apart from that, there are issues of occupants claiming rights on
the land as lessees or lease hold or auction purchases.
The
high court had on December 20 last year ordered demolition of constructions
over alleged encroached railway land at Banbhoolpura in Haldwani.
It
had directed that a week's notice be given to the encroachers after which the
encroachments should be demolished.
The
residents have submitted in their plea that the high court has gravely erred in
passing the impugned order despite being aware of the fact that proceedings
with regard to title of the residents including the petitioners are pending
before the district magistrate.
There
are religious places, schools, business establishments and residences on an
area spread over 29 acres land in Banbhoolpura.
"It
is submitted that the High Court has gravely erred in not appreciating that the
alleged Demarcation Report dated April 7, 2021 placed before it by the Railway
Authorities, was a hollow sham that revealed no demarcation whatsoever, one of
the pleas have said.
"Despite
extracting the covering letter of the Demarcation Report in the impugned order,
the actual contents of the Report that only contained the names and addresses
of all the residents, were not gone into by the High Court," the plea
said.
The
residents have contended that the "arbitrary and illegal" approach
adopted by the railways and state authorities as well as the upholding of the
same by the high court has resulted in gross violation of their right to shelter.
The
petitioners have claimed they are in possession of valid documents that clearly
establish their title and valid occupation.
"It
is further submitted that the High Court ought to have given due consideration
to all these documents instead of making allegations of vote bank politics
against State. Additionally, the names of the local residents have been
recorded in the municipal records in the house tax register and they are paying
the house tax regularly," they said.
Many
of the residents claim the houses of those who left India during the Partition
in 1947 were auctioned by the government and bought by them.
On
November 9, 2016, the high court had ordered the removal of encroachments from
the railway land within 10 weeks, while hearing a PIL filed by Ravi Shankar
Joshi.
The
court had said that all encroachers should be brought under the Railway Public
Premises (eviction of unauthorised occupants) Act 1971.