New Delhi (Gurpreet Singh): The Supreme Court of India on Tuesday indicated that more than 5,000 families occupying railway land in Haldwani, Uttarakhand, would have to vacate the area to facilitate a proposed expansion project by the Indian Railways.
A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that the occupants had no vested right over the land, which is undisputedly public property belonging to the Railways.
“It’s public land or Railway land — a fact which is not in dispute. You are getting a concession for being there. You cannot claim it as a right,” the Bench remarked, noting that authorities had failed to act against the encroachments for years.
PMAY Eligibility Assessment Ordered
While underlining that the impasse over encroachments cannot continue indefinitely, the court directed the Centre and Uttarakhand authorities to determine whether the affected families qualify for benefits under the Pradhan Mantri Awas Yojana (PMAY).
The court instructed the Nainital District Collector, the Haldwani Sub-Divisional Officer and other officials — along with representatives of the District Legal Services Authority — to set up a camp in the area to assist residents in completing formalities for PMAY applications. The exercise is to be completed by March 31.
The Collector and the Secretary of the Uttarakhand State Legal Services Authority have been directed to file a status report. The matter will be heard again in April.
Background of the Dispute
The land in question is located near Haldwani railway station in the Banbhoolpura area, where thousands of families — reportedly around 50,000 people — have been residing for decades. According to the Railways, 4,365 encroachers occupy the land earmarked for expansion.
The Uttarakhand High Court had on December 20, 2022, ordered the removal of encroachments after issuing a one-week notice. However, the Supreme Court stayed that order on January 5, 2023. In September 2024, the apex court directed the Uttarakhand government to submit a concrete rehabilitation plan.
Appearing for the petitioners, advocate Prashant Bhushan argued that many families had lived there for four to five decades and that the state had earlier indicated a possibility of regularizing the settlement. Senior advocate Colin Gonsalves also sought resettlement measures, citing poor living conditions in the area.
Responding to arguments that the Railways could alter its project, the Chief Justice said infrastructure planning was a matter for experts and the court could not direct the project to be shifted.
Additional Solicitor General Aishwarya Bhati, representing the Centre, maintained that expansion was necessary, particularly as Haldwani serves as a gateway to the hill regions.
The Bench emphasized that eligible families should be assisted in availing housing benefits, assuring that any impediments in the PMAY process would be addressed by the court.
