The Central government has requested the Supreme Court to give it permission for the eviction of over 4000 families living on encroached government land adjoining Haldwani Railway Station, commonly called as Gaffur Basti, on the grounds of railway track expansion and soil erosion.
The Ministry of Railways filed an affidavit in the Apex Court, saying that keeping in view the space constraint at Kathgodam terminal station and the importance of Haldwani for the Kumaon region, the Haldwani Railway Station was the only option available for the expansion of the station and augmenting facilities like additional railway lines, platforms, washing pit, sick line shed, stabling lines and rate handling platform.
Facilities were a prerequisite for originating long distance trains and special trains such as Vande Bharat in Kumaon region from Haldwani Station, noted the affidavit.
It said there was a strong apprehension that a situation may arise in future where the Haldwani Railway Station itself will have to be shifted due to continuous soil erosion and intense flow of the Gaula River. Therefore, there was an urgent need to vacate the railway land.
The affidavit contended that it was important for the authorities to remove the encroachers who have illegally occupied the railway land at the Haldwani Railway Station for the purpose of shifting railway lines towards the city side.
Earlier on January 5, the Apex Court had stayed the eviction and sought response from both the State of Uttarakhand, as well as the Indian Railways, on the matter.
The decision was taken by the Bench of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka on a batch of special leave petitions filed against the Uttarakhand High Court verdict of December 20, 2022.
The Uttarakhand High Court had mandated an eviction drive from January 10 to vacate 29 acres of railway land in Banbhoolpura area of Haldwani, affecting around 50,000 people.
The Apex Court, taking exception to the High Court verdict, which ordered removal of occupants within seven days, wondered how could people be evicted without rehabilitation, even if the land belonged to the Railways.
The top court of the county directed the Railways to handle the issue from a ‘humane angle’.
It further expressed displeasure at the High Court’s direction asking for the use of paramilitary forces to dispossess the occupants.
The Apex Court, after noting that the Railways needed the land for development, asked Additional Solicitor General Aishwarya Bhati to get details on whether the complete land was to be vested in the Railways or whether the State Government was claiming a part of the land.
The Bench further directed the ASG to think of a workable arrangement, besides ensuring full rehabilitation of the affected occupants. It observed that 50,000 people cannot be uprooted in seven days.
Banning any new construction or development over the land in question, the top court of the country fixed February 7 as the next date of hearing in the case.
Earlier, the ASG had said during arguments that the State and the Railways had submitted that the land belonged to the Railways. She also said that several orders for eviction have been passed under the Public Premises Act.
Appearing for the petitioners, Advocate Prashant Bhushan had contended that the ex-parte orders were passed during the Covid-19 period.
ASG Bhati further submitted that the petitioners claim the land of their own and that they have not sought rehabilitation.