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HomeJudiciary‘Cannot uproot 50,000 people in 7 days,’ Supreme Court stays Haldwani evictions

‘Cannot uproot 50,000 people in 7 days,’ Supreme Court stays Haldwani evictions

The Uttarakhand High Court on 20 December had ordered the removal of encroachment from 29 acres of land in Haldwani that belongs to the Railways.

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New Delhi: “Cannot uproot 50,000 people in seven days,” the Supreme Court said Thursday, pausing the Uttarakhand High Court’s direction that encroachment on 29 acres of Railways land be removed in Haldwani.

The top court also sought a reply from the Railways and the Uttarakhand government after residents contested the 20 December high court order.

Calling it a “human issue,” the apex court said a “practical solution” needed to be found.

The next hearing in the case will be on 7 February.

A bench of Justices Sanjay Kishan Kaul and Abhay S. Oka took exception Thursday to the Uttarakhand High Court’s order that the encroachment be removed in seven days.

Following that order, authorities had issued an eviction notice that affected over 4,000 families who said they had been living in the area for decades. They also claimed to possess documents recognised by government authorities.

Justice S.K. Kaul observed during the hearing: “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 so many years. Some rehabilitation has to be given. There are establishments. How can you say in seven days clear them off?”

While hearing the batch of special leave petitions, Justice Oka said: “People say they have been there for 50 years.” He pointed out the high court had passed the eviction order without listening to the affected parties. “Find out some solution. It is a human issue.”

Kaul said: “What is troubling us (is) that, how do you deal with the scenario of people who have purchased the land in auction. You may acquire the land and utilise. Other is, people have been living there for 5-60 years. Some rehabilitation scheme has to be done, even assuming it is Railways land… There is a human angle to it.”


Also read: Indian judiciary’s well-being is at stake. Conflicts over collegium system can create tension


 

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