Published On: Thu, Jan 5th, 2023

SC stays Uttarakhand HC’s demolition order in Haldwani, says ‘Can’t uproot 50,000 people overnight’

New Delhi: The Supreme Court on Thursday put on hold the Uttarakhand High Court’s order directing the demolition of constructions over encroached railway land in Haldwani.

The apex court has posted the case for the next hearing on February 7

The top court said that 50,000 people can not be uprooted overnight. It also issued a notice to the Uttarakhand government and India Railways on the pleas challenging the high court’s decision.

A bench of justices SK Kaul and AS Oka observed that it is a “human issue” and some workable solution needs to be found.

The apex court has posted the case for the next hearing on February 7.

The HC on December 20 last year directed the State authorities to remove encroachments from 29 acres of railway land in Haldwani’s Banbhoolpura area.

A division bench of justices Sharad Sharma and RC Khulbe directed that a week’s notice be given to the encroachers after which the encroachments should be demolished.

The residents in their plea said that the high court has gravely erred in passing the “impugned order” despite being aware of the fact that proceedings with regard to the title of the residents, including the petitioners, are pending before the district magistrate.

The railway land spread over 29 acres in Banbhoolpura houses religious places, schools, business establishments and residences.

According to railways, there are 4,365 encroachers on the land.

Uttarakhand Chief Minister Pushkar Singh Dhami said that the state government will proceed as per the top court’s order.

“We have said earlier also it is a railway land. We will proceed as per the court’s order,” he said.

 

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