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Synopsis

The Supreme Court has today granted two months’ time to the Central Government to submit a plan for the rehabilitation of those who have allegedly encroached upon railway properties in Haldwani.

A Bench comprising Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan was hearing an application filed by Union of India seeking modification of an order staying the eviction of nearly 50,000 people.

In January last year, Supreme Court had 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 had 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.

While issuing notice to the Railways and the State of Uttarakhand, Court had 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."

 

Advocate Prashant Bhushan had 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.

Case Title: Abdul Mateen Siddiqui vs. Union of India and Ors.