Thread by @barandbench

[Haldwani Evictions]

#SupremeCourt will today hear petitions against Haldwani railway land eviction

More than 4,000 families are facing eviction from railway land in Haldwani’s Banbhoolpura area after an Uttarakhand HC order directed the removal of encroachments

#Haldwani

A fresh plea related to #Haldwani evictions mentioned before CJI DY Chandrachud

CJI: Whatever happens before that bench will apply to all

#SupremeCourt

#HaldwaniEviction matter to begin shortly #SupremeCourt

Sr Adv Colin Gonsalves: There are thousands of people affected.

#HaldwaniEviction #SupremeCourt

Gonsalves: order says proceedings under public premises act is not valid.

#HaldwaniEviction #SupremeCourt

Justice Oka: please pass on the impugned order

#HaldwaniEviction #SupremeCourt

Gonsalves: State says the land on which demolition is to take place belongs to the state govt.

#HaldwaniEviction #SupremeCourt

Gonsalves: the possession of the land has been with the petitioners since prior independence and that they have been in possession of the govt leases which were executed in their favour

#HaldwaniEviction #SupremeCourt

Gonsalves: HC order notes that the railway act is a special act and that it self eradicates the applicability of the public premises act since railways is a special act

#HaldwaniEviction #SupremeCourt

Justice Kaul: who appears for state of Uttarakhand...

ASG Aishwarya Bhati: survey and demarcation has been done.

Justice Oka: proceedings under the PP Act is pending

ASG: Over 4,000 cases under the act, no stay anywhere. appeals are pending

#HaldwaniEviction #SupremeCourt

Adv Prashant Bhushan: most of the orders under PP Act are ex parte and without given hearing #HaldwaniEviction #SupremeCourt

Justice Kaul: they claim leases and some say they migrated post 1947 and these properties were auctioned.. development has to be allowed but people stayed for so long then rehabilitation has to be allowed. How can you ask to clear in 7 days?

#HaldwaniEviction #SupremeCourt

Justice Oka: people are saying they are living their for 50 years

ASG: This strip of land belongs to the railways only

Justice Kaul: what is the stand of the state govt #HaldwaniEviction #SupremeCourt

Justice Kaul: what is troubling us is how do you deal with a situation where people bought in auction and took possession after 1947 and acquired title. you may acquire the land but what to do now. people lived for 60-70 years some rehabilitation has to be done

ASG: But they say it is their land and they did not claim rehabilitation

Adv Vipin Nair: i was the original petitioner in HC and we always prayed for rehabilitation

Justice Kaul: there must be a culmination to the issue and we do not encourage what is going on

Justice Kaul: even in those cases where there are no rights at all even in them rehabilitation has to be done. but in some cases where they acquired title.. you have to find a solution. there is a human angle to this issue.

Justice Oka: some one has to carry out demarcation

Bhushan: all orders have been passed in this case ex parte during the COVID period

ASG: Each of the intervention applications have been separately dealt with by the high court.

ASG: due process has been followed

Justice oka: this is a human issue. orders were passed during covid period

Justice kaul: you cannot cut short the process.. this is a human issue. some have claimed their land and you have to develop the land. someone has to examine

ASG: There was illegal mining in the area.

Justice Kaul: we do not want you to be displaced and thrown out overnight. #Haldwani

Justice Kaul: Someone will have to go into the assessments of the problems involved. You must make sure there is no further occupation or construction. we have to find a practical way out. it is not a mere encroachment. lot of things will weigh due to nature of rights conferred

ASG: This is critical for development of the state. it is critical since it is the gate to Uttarakhand

Justice Kaul: there has to be a methodology to achieve the means.

ASG: We have followed the law and pursued cases under PP Act

Justice Kaul: it cant be both ways some methodology has to be found out.

SC ORDER: ASG emphasized the need for railways. Moot point will be to consider stand of state on whether land is of railways or belongs partly to state. Next is to consider tittle of lands acquired..

SC: There cannot be uprooting of 50 thousand people overnight. there has to be segregation of people who have no right on the land and the need to rehabilitation while recognizing the need of railways #HaldwaniEviction #SupremeCourt

SC: Issue notice. ASG accepts notice for Railways and notice to state government. #HaldwaniEviction #SupremeCourt

SC: In the meantime THERE SHALL BE A STAY ON THE DIRECTIONS PASSED BY THE HIGH COURT. #HaldwaniEviction #SupremeCourt

SC: We have not stayed the proceedings and only the directions of the HC has been stayed

SC: There should also be restrain any more construction/development on the land. #HaldwaniEviction #supremecourt

next hearing on February 7, 2023 #haldwanieviction #supremecourt