Thread by @LawBeatInd

#SupremeCourtofIndia bench led by Justice SK Kaul to hear petitions filed against #Haldwani evictions.

An Uttarakhand HC order directed the removal of encroachments which has caused about 4000 families to be evicted from railway land in Haldwani.

The bench also comprising of Justice AS Oka begins hearing the matter.
#SupremeCourtofIndia

Sr Adv Colin Gonsalves: The proceedings under the Public Premises Act are not valid.

Sr Adv Gonsalves reads from the submissions.
Sr Adv Gonsalves: The state says the land of which demolition is to take place belongs to them.

Sr Adv Gonsalves reads from the impugned order.

Sr Adv Gonsalves refers to part of the order which states that the impugned order would not affect the plea filed by the affected parties pending before the District Judge, Nainital.

Court: Who appears for Uttarakhand?
ASG Bhati: Yes Milord, survey is done.
Court: What about pending proceedings under PP Act
ASG: about 4300 cases milord, no stay anywhere
#HaldwaniEncroachment

Adv Bhushan: Ex parte orders were passed during covid times, without giving us a hearing.
Court: These people have been living for over 50-60 years, there has to be some rehabilitation
ASG: They are saying its their land, not asking for any rehabilitation.

Adv: I was main petitioner before HC, we have always asked for rehabilitation...
Court: There has to be some culmination to this issue, documents have to be examined and trespassers have to be dealt with.

ASG: All the documents have been filed, I can show them to Your lordships..

ASG: Due process of law has been followed..
Justice Oka: This is a human issue, orders have been passed during COVID, we are just asking you to consider.. you just have to examine if people are entitled to rehabilitation.

Justice Kaul: Some may be, some may not be... you just have to examine that...
ASG: This was originally the illegal mining issue...

Senior Adv Salman Khurshid makes submission for the petitioner.
Sr Adv Khurshid: If this is lawfully the state's land, they can take it.

Justice Kaul: We have to find a practical ground, that is all, there are multiple angles arising from the nature of the land..

Court dictates Order.
Court: The moot point to be considered is the state's stand. The issue is also of the lands being aution purchased. There cannot be uprooting of the people over 7 days.

SC: People who don't have a right over the land will have to be removed along with a rehabilitation scheme, while considering the railways interest. We issue notice to the Railways, ASG Bhati accepts the same. We also issue notice to the State of Uttarakhand.

BREAKING: #SupremeCourtofIndia stays the Uttarakhand HC's order of #Haldwani eviction of over 50,000 people.

Deputy AG, State of Uttarakhand, Jatinder Kumar Sethi requests court to clarify that proceedings under PP Act are not stayed.
Justice Kaul: We are staying only the HC's order.

Matter to be taken up on February 7, 2023.

BREAKING: Top Court Stays Haldwani Evictions; Refers To It As 'Human Issue'
@AishwaryaIyer24 reports
lawbeat.in/amp/top-storie…