SC Stays HC Order To Remove Encroachments From Railway Land In Haldwani's Banbhoolpura Area: Top Points

The SC issues notice to the Uttarakhand government and India Railways on the pleas challenging Uttarakhand HC’s decision ordering the State authorities to remove encroachments.

New Delhi: The Supreme Court issues notice to the Uttarakhand government and Indian Railways on the pleas challenging Uttarakhand High Court’s decision ordering the State authorities to remove encroachments from railway land in Haldwani’s Banbhoolpura area. The next hearing in the case will take place on February 7.

Here Are The Top Points:

• Justices Sanjay Kishan Kaul and Abhay Oka are hearing the challenge. In their plea, the petitioners have mentioned that they are poor people who have been lawful residents of Mohalla Nai Basti, Haldwani district for more than 70 years.


• A bench comprising Chief Justice DY Chandrachud and Justices S A Nazeer and P S  Narasimha posted the matter for hearing after advocate Prashant Bhushan mentioned the matter. Senior advocate Prashant Bhushan is representing the petitioners in the apex court. 


• Almost 4,000 families fear homelessness as the Haldwani Administration readies for the eviction drive for encroachment of railway land in the Banbhoolpura area of the town, following an order by the Nainital High Court. The demarcation work and joint survey were completed jointly by the local administration, police, and railway department.


• The residents of the Banbhoolpura area have been protesting against the removal of encroachments, saying it will render them homeless and jeopardise the future of their school-going children.  Led by Congress MLA from Haldwani, Sumit Hridayesh, residents of the area approached the Supreme Court challenging the high court's order, which will be represented by Congress senior leader Salman Khurshid.


• Bhushan submitted that the case -- of more than 5,000 houses in Haldwani being demolished -- is similar to the matter scheduled to be heard on Thursday.


• In their plea, the petitioners have mentioned that they are poor people who have been lawful residents of Mohalla Nai Basti, Haldwani district for more than 70 years.


• According to Live Law, they further mentioned that the Uttarakhand High Court ordered the summary eviction of more than 20,000 people residing in more than 4000 houses despite the fact that proceedings regarding the title of the residents were pending before the district magistrate.


• The petition states that the names of local residents are entered in the municipal records of the house tax register and that they have been paying house tax regularly for years. Further, there are 5 government schools, one hospital and two overhead water tanks in the area.


• The petitioners highlighted that the long-settled physical possession of the petitioners and their ancestors, some even prior to the date of Indian independence, has been recognized by the State and its agencies and they have been given gas and water connections and even Aadhaar card numbers accepting their residential addresses, the Live Law reported.