The Supreme Court issued detailed directions to facilitate the rehabilitation of over 5,000 families residing on railway land in Haldwani, even as it acknowledged that the land is required for a railway expansion project.
The Bench of Chief Justice of India, Justice Surya Kant, and Justice Joymalya Bagchi noted that approximately 30 hectares of land had been encroached upon, with nearly 4,365 structures housing over 50,000 persons. While reiterating that unauthorised occupants cannot insist on remaining on public land required for an “ambitious railway project,” the Court emphasised the need for a humane and structured rehabilitation process.
Directing the authorities to operationalise housing benefits under existing schemes, the Court ordered that camps be organised to assist eligible families in applying under the Pradhan Mantri Awas Yojana (PMAY). The Bench observed:
“It is highly desirable that the families likely to be displaced are identified and their eligibility is determined, provided they submit their applications.”
Key Directions Issued by the Supreme Court
• The land in question is railway land, not Nazul land; therefore, the Nazul regularisation policy is inapplicable.
• Freehold rights, where granted to 13 identified persons, must be dealt with in accordance with law, including acquisition or compensation if required.
• Unauthorised occupants cannot insist on remaining on land required for the railway expansion project.
• The District Collector, Nainital, along with revenue authorities and the State Legal Services Authority (SLSA), shall:
◌ Hold camps in the affected area (after 15 March),
◌ Facilitate submission of applications under the Pradhan Mantri Awas Yojana (PMAY),
◌ Ensure every head of the family is assisted in applying.
• The Member Secretaries of the SLSA shall:
◌ Personally supervise the process,
◌ Remain present with judicial officers to assist applicants.
• The application process should be completed preferably before 31 March, and additional camps must be held if required.
• Authorities may conduct door-to-door awareness drives to inform families about PMAY and other housing schemes.
• The Collector or competent authority shall:
◌ Determine family-wise eligibility under PMAY or other applicable schemes,
◌ Submit a status report to the Court indicating how many families are found eligible.
• If any portion of the area is designated as a slum, authorities may consider benefits under applicable slum rehabilitation policies.
• The interim protection granted in this case is not a blanket protection against eviction in other encroachment matters and must be applied strictly to the present case.
The matter is posted for further consideration after submission of eligibility and status reports.