The Supreme Court on Wednesday stopped the immediate eviction of over 4,300 families from land claimed by the Railways in Uttarakhand’s Haldwani, disapproving of the use of paramilitary forces for the operation, and underlined that it cannot allow the “uprooting of 50,000 people overnight”.
A bench of justices Sanjay Kishan Kaul and AS Oka issued notices to the Railways and the Uttarakhand government, asking the central ministry and the state government to come up with a “practical solution” to what it called a “human problem”.
“It may not be correct to say that paramilitary forces have to be brought in to throw them out… there cannot be uprooting of 50,000 people overnight…within seven days. There is a human issue involved. Find out some practical solution. There is a human angle to the problem and one cannot say we will use armed forces to evict them,” said the court, staying the pertinent directive of the Uttarakhand high court passed on December 20.
The high court order, which came in a PIL originally filed in 2013, had put at risk more than 50,000 people, mostly Muslims, at risk of being made homeless in the biting cold. The directive and the subsequent notices issued by the state administration led to protests by the occupants.
The issue also became the latest flashpoint between the ruling Bharatiya Janata Party (BJP) and the Opposition in the state with several Opposition leaders extending their support to the protesters, and questioning if the hurried eviction was a ploy to target Muslims.
Back in Haldwani, locals facing the eviction notice hailed the Supreme Court order. “We would like to express our gratitude to the apex court for giving us relief. We are very much happy. It has relieved our anxiety which was growing as the date for proposed eviction was drawing nearer. A panel will be constituted for a better representation in the Supreme Court which will include people of all religions. We have got support from every community. We will ensure justice is served by the top court,” said Mohammad Akram, a local.
While chief minister Pushkar Singh Dhami of the BJP said on Wednesday that the state will follow whatever the court decides, state’s former chief minister Harish Rawat held a one-hour silent protest at his home in Dehradun against the planned demolition.
Reacting to the apex court’s stay on the eviction, CM Dhami on Thursday said that his government would proceed as per the court order. “We have said earlier too that it is a Railways land. We have always maintained that we will abide by the court’s order,” Dhami told reporters.
Admitting a bunch of petitions filed by the occupants of the area against the high court order, the Supreme Court on Thursday noted that all those living there cannot be “painted with the same brush”, especially when many of them claim to have lease documents or auction papers to assert their rights.
“What’s troubling us is this: Some people are claiming they have lease papers; some claim they purchased it in an auction after 1947. They have stayed there for 60-70 years. How can anyone say — clear in seven days’,” said the bench.
Fixing February 7 as the next date of hearing, the court added: “Maybe all of them cannot be painted with the same brush at all. Some may have no right. Some may have purchased in auction. There is a human angle to the problem. Some solution will have to be found out. Some authority will have to apply his or her mind to various aspects. There has to be some way of examining their claims, verify their documents.”
It directed that there shall be no further construction or development on the disputed land, while asking the authorities to come back with a “workable arrangement” on identifying the claims of the occupants who could be entitled for rehabilitation.
The clutch of petition before the bench challenged a December 20 order of the state high court, which authorised “use of force” to evict over 4,365 families from the 78 acre land claimed by the Railways in Banbhoolpura area of Haldwani for expansion of Kathgodam Railway station.
Following the high court order, notices were issued in local newspapers, directing people to remove their household belongings by January 9. The state administration directed 10 ADMs and 30 SDM-rank officers to supervise the process of evicting people. It also sought deployment of central forces for carrying out the eviction drive. The development led to massive protests as the fate of about 50,000 residents in the area, most of whom are Muslims, hanged in balance.
On Thursday, senior counsel Salman Khurshid, Sidharth Luthra, Colin Gonsalves and advocate Prashant Bhushan, appearing on behalf of the occupants of the land, argued that not only they were not given the opportunity to prove their rights over the land, there is also a lack of demarcation as to which part of the land belongs to the Railways and the state government.
However, additional solicitor general Aishwarya Bhati, representing the Railways, responded that the demarcation has already taken place, and that the strip of land belongs to the central ministry. She also pointed out that proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, were pending, and there was no stay against the eviction of the illegal occupants.
“Kathgodam Railway station does not have any space for expansion. There are 4,000-plus unauthorised occupants on this land that belongs to the Railways. It has been projected as if the order was passed overnight but that’s not right. The proceedings have been pending since 2017 and the due process was followed at every step,” Bhati added.
But the bench questioned the high court order that allowed the authorities evict the families straightaway within a period of seven days and “use the forces to any extent determining upon need”.
“Some authority will have to hear the affected parties before they are thrown out. The high court just passed an order. It can’t be like that…Some rehabilitation has to be found for the people who have lived there for so many years. How can you just ask them to clear in seven days?” it asked.
The court added: “It’s a human issue. The government should also consider the long period of occupation. There has to be an assessment of various aspects. Someone may have to examine who are entitled to rehabilitation. Then you must also make sure there is no encroachment or further illegality. There must be a culmination to the issue and we do not encourage what is going on. But at the same time, some solution will have to be found out to this human problem.”
It said that a mechanism has to be put in place where everyone to be affected is heard. “Someone should look at the documents. Some authority will have to hear the affected parties. The high court simply passed an order. It cannot be like that.”
The court then recorded in its order: “We are on the way the order has been passed as there cannot be uprooting of 50,000 people in seven days. A workable arrangement is necessary to segregate people who may have rights/no rights coupled with schemes of rehabilitation which already exists while recognising the need of the railways.”
It added: “We have put to the ASG that full rehabilitation of the persons in the area is needed. Issue notice. In the meantime, there shall be stay of the directions passed in the impugned order. There should also be a restraint on any more construction/development on the land.”
Abdul Waaris, another local, said, “In the lane number 17 of Banbhulpura, children, women, elderly, all have been praying for a favourable decision by the Supreme Court. We had hopes from Allah and he gave us relief. It’s the beginning of our success. Now we have to work hard without involving ourselves in any controversy.”
Mohammad Shahid Raza, Imam at Raza Masjid, said, “From here, we should not sit on our hands and address the shortcomings that led to the high court pronouncing an order against us.”
Senior Congress leader and former chief minister Harish Rawat, expressed gratitude to the Supreme Court, and said, “It is a supreme decision which protects the humane face of our state. If our 52,000 people, including children, pregnant women, elderly would have rendered homeless in the chilly weather, it would have left a blot on the face of our state because of the negligent attitude of the state government.”
State BJP media in-charge Manveer Singh Chauhan said, “Our government will abide by whatever the court orders.”
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