Read Time: 05 minutes
The Supreme Court during the course of the hearing remarked that there had to be some culmination to the issue, wherein documents have to be examined and trespassers have to be dealt with.
The Supreme Court today stayed the Uttarakhand High Court's directions to remove encroachments in the Gafoor Basti which had caused about 4000 families to be evicted from railway land in Haldwani, Uttarakhand.
A bench comprising of Justices SK Kaul and AS Oka considered the plea before it to be 'human issue' and asked the Railways to consider and examine if the aggrieved people are entitled to rehabilitation.
"Some may be entitled to rehabilitation, some may not be... you just have to examine that...", Justice Kaul said.
The court further considered that the moot point to be considered was the state's stand, i.e., whether the land belonged only to the Railways or some of it was under the State's ownership as well.
"The issue is also of the lands being auction purchased. There cannot be uprooting of over 50000 people over 7 days...", the bench added.
Thus, while issuing notice to the Railways and the State of Uttarakhand, Court said,
"People who don't have a right over the land will have to be removed along with a rehabilitation scheme for those who do have a right, while considering the railways interest as well."
When the matter was taken up for hearing, Senior Advocate Colin Gonsalves, appearing for the petitioner had submitted before the bench that as per the State, the land on which demolition was to take place belonged to them.
Advocate Prashant Bhushan had further informed Court that the orders under Public Premises Act were passed e-parte during the time of COVID-19.
Hearing this, Justice Oka had said, "These people have been living for over 50-60 years, there has to be some rehabilitation".
ASG Aishwarya Bhati, appearing for Railways had then informed Court that due process of law had been followed. "They are saying its their land, not asking for any rehabilitation", ASG had added.
While the court was dictating its order, Deputy AG, State of Uttarakhand, Jatinder Kumar Sethi, requested the bench to clarify that the proceedings under Public Premises Act were not stayed.
"We are staying only the High Court's order", the bench replied while deciding to take up the matter next on February 7th, 2023
Case Title: Abdul Mateen Siddiqui vs. Union of India and Ors.
Please Login or Register
