The Supreme Court on Tuesday directed the Uttarakhand State Legal Services Authority to organise a rehabilitation camp in the Haldwani eviction matter. The camp will help affected families submit applications under the Pradhan Mantri Awaas Yojana (PMAY).
The petitioners requested that the camp be held after Ramzan. Accepting the request, the Court ordered that the camp be conducted after March 15. The Court also said the entire exercise must be completed before March 31.
Collector and Revenue Officials to Assist
The Court directed the District Collector, Nainital, and other revenue authorities to provide full assistance for the camp.
It also asked the Collector to assess eligibility family-wise under PMAY. The Collector must then file a report before the Court.
Background: Eviction Order Stayed Since 2023
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard petitions challenging a December 2022 order of the Uttarakhand High Court. The High Court had directed the eviction of nearly 50,000 persons, who were alleged to have encroached on public land in Haldwani, Uttarakhand.
The Supreme Court stayed the High Court’s direction in January 2023. It has extended interim protection from time to time.
In July and September 2024, the Court directed the State, the Union, and the Railways to prepare a rehabilitation plan for persons proposed to be relocated.
Court: Occupants Can Seek Rehabilitation, Not a Right Over Public Land
During the hearing, the Bench said no one can claim a right to occupy public land. It noted that the occupants can only press a claim for rehabilitation.
Justice Bagchi said the land belongs to the State. He added that the State has the prerogative to decide how it should use the land. The Court observed that rehabilitation is “more of a privilege than a right.”
The Bench also said the occupants cannot dictate how the Railways should use the land. It further remarked that living close to railway lines is unsafe. The Court indicated that relocation to better housing would be preferable.
Submissions by ASG Bhati, Prashant Bhushan, Salman Khurshid
Additional Solicitor General Aishwarya Bhati submitted that the families can be rehabilitated under PMAY. She said the land is essential for the Railways’ development projects.
Advocate Prashant Bhushan told the Court that around 5,000 families have lived in the area for years. He also pointed to schools and other public institutions in the locality. While welcoming the rehabilitation proposal, he said: “This is a salutory order, but my hunch is that, very few are going to be found eligible,” after the Court dictated the order.
Appearing for some petitioners, Senior Advocate Salman Khurshid submitted that the area has been notified as a slum. He said slum rehabilitation schemes should also apply. He also sought arrangements for schools, hospitals, and places of worship located in the area.
CJI: Need a Balanced and Flexible Approach
CJI Surya Kant underlined the need for a balanced solution. He said the matter involves the lives of thousands of families. He also stressed the need to consider practical concerns like children’s schooling, housing conditions, and drinking water access.
