Explained: What Is The Railway Land Controversy Happening In Haldwani?

Supreme Court on Thursday stayed the High Court order to remove encroachments from railway land in Haldwani¡¯s Banbhoolpura area.

The Court also issues notices to the Uttarakhand government and India Railways on the pleas challenging Uttarakhand High Court¡¯s decision ordering the State authorities to remove encroachments from railway land in Haldwani¡¯s Banbhoolpura area.

The SC order came in an appeal filed by the residents against the HC order.

What is happening in Uttarakhand?

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Indian Railways and the local government were ordered to remove "encroachment" on December 20, 2022, after giving locals a week's notice by a division bench of the Uttarakhand High Court.

The Nainital district officials have reportedly stated that a total of 4,365 encroachments¡ªwhich were unlawfully constructed on property that belongs to the Railways¡ªwill be removed from the area.

Officials informed the anti-encroachment drive at Haldwani station is reportedly currently happening on around 2.2 km of railway territory. The land in the Lal Kuan to Kathgodam (LKU-KGM) section of the North Eastern Railway, which is part of the Izzatnagar division, has been encroached upon from 80.710 to 82.900 km. Over 50,000 people's livelihoods would be impacted by what is being referred to as Uttarakhand's largest expulsion of illegal encroachment.

However, the locals there, some of whom have lived there for decades, reportedly claim that the eviction will leave them homeless and without a place to go. The clearance of encroachments will have a particularly large impact on women, children, and the elderly.

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The locals protested against the court's ruling as soon as it was issued by taking to the streets.

Railways identified several thousand illegal sites in 2017:

A public interest litigation (PIL) against unlawful mining in the Gaula river, which flows next to the Haldwani train station, was filed in 2013 at the High Court of Uttarakhand. The Nainital High Court took suo moto cognizance of the matter and ordered the railways to investigate the encroachments in this region. The railways and state government authorities conducted a combined survey in 2017 and found 4,365 encroachments.

Later, a new writ petition complaining about the delay in encroachment removal was submitted to the High Court. The district administration, Nainital, and railroads were ordered by the court to hold a meeting and develop a plan in March 2022.

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Eviction plan started in 2022:

The Nainital district government and the railway executives from the Izzatnagar division met in April 2022. The railways filed an action plan for removing the encroachments in the same month.

On December 20, 2022, a final ruling was issued regarding the writ petition. The railways were ordered by the court to act to expel the unauthorised inhabitants from the railway land.

The court ordered the railway authority to give the inhabitants a week's notice before releasing the land. Additionally, it stated that the inhabitants should be asked to leave the area by the railways, working in tandem with the district government and, if necessary, any other paramilitary forces.

The order said that the notice was to be published in newspapers and announced locally by drumbeats. Additionally, the railways were required to tell the locals of the likely course of action to be followed after a one-week period.

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