The Chief Justice said that while he has full sympathy for slum dwellers, everyone has the right to live in a better and safer place. The next hearing of the case will be in April 2026. Until then, no action will be taken to remove encroachments from railway land.
उत्तराखंड: हल्द्वानी बनभूलपुरा उजड़ेंगे सैकड़ों घर, सुप्रीम कोर्ट का फैसला कहा- ‘जमीन रेलवे की’
The Supreme Court on Tuesday issued a significant order regarding the removal of encroachments on railway land in Banbhulpura, Haldwani. During the hearing, a bench headed by Chief Justice Surya Kant clarified that the land belongs to the Railways and residents must remove the encroachments, as it is government property, and the Railways has full authority to determine its use. The court stated that encroachers have no right to demand their right to remain in the same location or inform the Railways of their decision on the land’s use.
The bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, directed the Uttarakhand Legal Services Authority to set up a camp in Balbhanpura so that families living on government land needed for the railway project and facing eviction can apply for rehabilitation under the Pradhan Mantri Awas Yojana (Prime Minister’s Housing Scheme). The court directed that a list of affected families be compiled, especially those belonging to the EWS (Economically Weaker Section) to be assisted in applying for housing under the PMAY.
The court ordered that the Nainital district revenue authority, the central and state governments, jointly organize a week-long camp where PMAY forms could be filled. This camp should be held after March 15th, as residents had requested it be held after Ramadan. The court directed that a rehabilitation center be set up in Banbhulpura, where the head of each family could go to fill out the forms. The Nainital District Magistrate and the Haldwani SDM were instructed to provide logistical support.
The Supreme Court directed that social workers should go door-to-door to raise awareness about the PMAY. The court directed that all eligible families receive housing under the PMAY. This entire process must be completed before March 31st. The Supreme Court also directed that the District Collector determine the eligibility of each family under the scheme and submit a report to the court.
Highlights of the Court Order
Thousands of houses are built on approximately 30 hectares of railway land in Banbhulpura, Gafur Basti, and other areas in Haldwani, where an estimated 5,000 families (approximately 50,000 people) live.
The Supreme Court stated that encroachers have no right to demand their rights to live on the same land or to decide the use of railway land.
The Court directed that a list of affected families be compiled, and that EWS (Economically Weaker Section) families be assisted in applying for housing under the PMAY scheme.
The Court ordered that the Nainital District Revenue Authority, the Central and State governments jointly organize a week-long camp to fill out PMAY forms. This camp began on March 19th.
The order mandated that a rehabilitation center be established in Banbhulpura, where the head of each family can visit to fill out forms.
The District Magistrate of Nainital and the SDM of Haldwani were directed to provide logistical support.
The court directed that social workers should go door-to-door to raise awareness about PMAY camps.
The court directed that all eligible families receive housing under PMAY.
The Chief Justice’s bench was hearing petitions challenging the Uttarakhand High Court’s December 2022 order directing the eviction of approximately 50,000 people allegedly encroaching on public land in Haldwani. In January 2023, the Supreme Court stayed the High Court’s order, which was extended periodically. In July and September 2024, the Supreme Court directed the state government, the central government, and the Railways to prepare a rehabilitation plan for those evicted from public land.
This case has been ongoing for a long time. Thousands of illegal structures have been built on approximately 30 hectares of railway land in Banbhulpura, Gafur Basti, and other areas, where an estimated 5,000 families (approximately 50,000 people) live. The railway claims that this land is urgently needed for track expansion and other projects, especially since the river is obstructing the existing track. This area is the last possible location in Uttarakhand for railway expansion, after which the hilly terrain begins.
During the hearing, senior advocate Prashant Bhushan, representing the petitioners, argued that 50,000 people have been living here for decades, many on leased land, and the railway has never previously sought it. He presented a map suggesting the use of nearby vacant land. Bhushan argued that it is not possible to provide housing to so many families simultaneously under the Pradhan Mantri Awas Yojana (PMAY), and that Delhi’s slum policy also has a cut-off date.
Additional Solicitor General Aishwarya Bhati, representing the central government, stated that eligible families would receive an allowance of ₹2,000 per month for six months after displacement. The Railways and the state government jointly assured to identify the affected families and make arrangements for their rehabilitation. Until then, no action will be taken to remove encroachments from railway land. The central government stated that 13 acres of land are freehold, and both the state and the railways will pay compensation.
The Chief Justice stated that while there is full sympathy for slum dwellers, everyone has the right to live in a better and safer place. The court clarified that removal of illegal encroachments is necessary, and this applies to other encroachment cases in Uttarakhand.
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