An important order of the Supreme Court has come out on the petitions filed against the removal of illegal encroachment on the railway land in Haldwani. The Supreme Court has said that the people making the appeal do not have the right to demand living arrangements at the same place. This land belongs to the Railways. They have the right to decide how the land is used. The Supreme Court said that those families who will be affected by displacement should be identified. In case of displacement, the Railways and the state government said that they will collectively give Rs 2,000 per month to the shifted families for 6 months.
This land is very important for Railways – Court
The Supreme Court has said that this land is very important for the Railways. Therefore eligible persons can apply for Pradhan Mantri Awas Yojana, who come from EWS section. Central and State Government, Revenue Authority of Nainital District should set up camps there and ensure that all the eligible people can fill the form under Pradhan Mantri Awas Yojana. Set up a camp for a week. A rehabilitation center should be built in Banbhulpura. And the head of every family should go here. The Supreme Court said that the camp should be organized after March 19 i.e. Eid.
Tell us about PM Awas Yojana – Court
The Supreme Court has directed that Nainital District Magistrate, SDM Haldwani should provide logistics support so that the forms of PM Awas Yojana can be collected. It should be ensured that all families fill the form for accommodation. Social workers should go door-to-door and tell people about PM Awas Yojana. The District Magistrate of Nainital should ensure that every eligible family can get PM Awas.
Hearing will be held again in April
The Supreme Court has said that this case will be heard again in April. No action will be taken to remove encroachment on railway land till the next hearing. However, the protection given in this case will not be applicable to other illegal occupation cases in Uttarakhand. On behalf of the Central Government, the Supreme Court was told that the State Government and the Railways have filed their replies. There is freehold on 13 lands, both the state and the railways will pay compensation. Railways is in dire need of increasing the track. There is a problem because of the river.
50000 people are living in the area – Prashant Bhushan
Advocate Prashant Bhushan, appearing for the petitioners, said that the Railways, without disclosing the plan, had said that there was a need to give 36 acres of land. No expansion plan made. 50000 people are living in this area. There is no way that 5000 families can be given houses simultaneously under the Pradhan Mantri Awas Yojana. We have made a map, it was seen by the court, we have also submitted it in the court.
This is government land – Supreme Court
The Supreme Court said that the government has said that those who are illegally settled on government land will have to be removed. The Supreme Court said that this is the government’s land, after all it is under occupation, which should be removed. Opposing this, Prashant Bhushan said that it was regularized later. Prashant Bhushan said that this is leased land and Railways never demanded this land before. Railways already has vacant land lying next to Banbhulpura. If Railways really needs land then use it.
CJI expressed displeasure
Expressing displeasure on the argument of Prashant Bhushan, the CJI said that the encroachers will not decide which land will be used by the last railway. Prashant Bhushan argued that those who are eligible will get government accommodation but does the government accept that 5000 families are there. There is vacant land lying near the railway. The railway is talking in the air. Railways had not said anything before the High Court regarding the expansion plan. The Supreme Court has already given a detailed order for rehabilitation.
Eligible people will get allowance for 6 months- Government
It was said by the Central Government that Haldwani is the last place in Uttarakhand where the railway can be expanded. After this the mountainous area starts. On behalf of the Central Government, ASG Aishwarya Bhati said that after the displacement of people, the eligible people will be given allowance for 6 months.
Will the government be able to provide houses to everyone – Prashant Bhushan
On the argument of the Central Government, Prashant Bhushan said that there are about 30 thousand people who have been living here for the last 60-70 years, not everyone will get houses. Will the government be able to provide houses to everyone? In Delhi’s slum policy, there is a cut-off date for giving a house at another place. In such a situation, it is not possible for everyone to be rehabilitated. CJI Surya Kant said that we have full sympathy towards the people living in slums in poor conditions. Everyone has the right to live together in a clean and better place.
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