SC says Haldwani railway Lland encroachers have no legal right to be there

New Delhi: The Supreme Court on Tuesday held that occupants living on encroached railway land in Haldwani, Uttarakhand, do not have a vested legal right to remain there, a ruling that could affect more than 5,000 families residing on the disputed stretch earmarked for a railway expansion project.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi observed that the long-running dispute over the land has passed through multiple courts and said the deadlock over railway land encroachments cannot be allowed to continue indefinitely. The court, however, directed authorities to focus on rehabilitation alongside eviction.

The bench instructed the Centre and the Uttarakhand government to determine the eligibility of families living on the land for housing under the Pradhan Mantri Aawas Yojana. It asked the Nainital district collector, the Haldwani sub-divisional officer and officials from the district legal services authority to set up a camp at the site to assist residents in completing application formalities. The court said it would appreciate if eligible applications are filled by March 31 and directed the collector and the state legal services authority secretary to submit a status report.

Appearing for the residents, advocate Prashant Bhushan said many families had lived in the area around Haldwani railway station for four to five decades and recalled earlier assurances by the state to regularise the settlement. Justice Bagchi responded that the land was undisputedly public or railway land and said residents were present only due to official inaction over the years, adding that this did not create a legal right.

Bhushan argued that the entire land parcel was not required for expansion. The Chief Justice replied that the court could not direct the Railways to alter or shift a project, calling it a matter for experts. Senior advocate Colin Gonsalves raised concerns over religious structures and resettlement, prompting the Chief Justice to urge residents to consider PMAY housing, noting the lack of basic amenities in the area.

Additional Solicitor General Aishwarya Bhati told the court the expansion was necessary due to geographical constraints, citing past damage when river water entered railway tracks. She said eligible displaced families could be accommodated under PMAY in Uttarakhand or Uttar Pradesh and may receive Rs 2,000 per month for six months if required. She also informed the bench that 13 residents held freehold land, which the state would acquire.

The matter was posted for further hearing in April.