The Supreme Court on Thursday made numerous significant observations on the matter while staying the Uttarakhand High Court’s orders for the destruction of the alleged encroachments on railway land in the state’s Haldwani district.
The Supreme Court ruled that although the railways have a right to reclaim their land, 50,000 people cannot be forcibly removed from their homes in a one day. The main takeaways from the Supreme Court hearing on the subject are as follows:
WHAT THE JUDGES SAID DURING THE HEARING
Justice Kaul: We need to come up with a workable solution. There are other perspectives at play.
Justice Kaul: We are concerned about two things. First, what would you do if someone had bought something at an auction after 1947? Of course, you can extend the (railway) line. Second, since most people have been alive for 40, 50, or 60 years, some form of rehabilitation programme will be necessary.
Justice Kaul: This problem has to come to a conclusion in some way. Perhaps not all of them can be portrayed in the same light. Some people might not even be eligible. There may be certain people who require rehabilitation. This has a human perspective. You’ll need to come up with a solution.
Justice Kaul: There is a core human problem. You advocate for land development. Someone needs to intervene in this situation with objectivity and end the process. Some people might qualify for rehabilitation. Some might not. All of this has to be looked at.
Justice Kaul: Additionally, you must ensure that there are no additional construction or occupations.
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