Banbhoolpura encroachment: SC to hear petition challenging HC’s order on Jan 5
According to the protestors, the proposed demolition would affect 50,000 residents, 4,365 houses, public and private schools, temples, mosques, dharamshalas, and business establishments
The Supreme Court (SC) has fixed January 5 as the date for hearing the petition challenging Uttarakhand high court’s decision ordering the state authorities to remove “encroachments from railway land” in Haldwani’s Banbhoolpura area.
The high court in December last year asked the state administration to remove the encroachments from the “railway land” in Haldwani after issuing a notice to the residents one week in advance.
Thousands on the verge of losing their houses have pinned their hopes on the top court’s hearing. Residents began a satyagraha on Wednesday to protest the removal of encroachments from railway land in compliance with a high court order.
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According to the protestors, the proposed demolition would affect 50,000 residents, 4,365 houses, public and private schools, temples, mosques, dharamshalas, and business establishments.
A total of 11 people have so far approached the SC against the high court’s decision and more are expected to follow the same, people known to the matter said.
Two days after the order, the railway authorities carried out a demarcation amid protests by the locals.
Following the survey, a total of 4,365 homes were found that are illegally occupying railway land in the Banbhoolpura area of Haldwani on 78 acres of land, according to railways.
Sharafat Khan, the main petitioner, told Hindustan Times, “People are living here for several decades and they have electricity, water connections, house taxes, and other residential credentials like registration documents. How could the public buildings, including schools, and hospitals, be built there if we are living there illegally?”
“I along with 10 other affected people have approached the Supreme Court because the state government didn’t argue well on their behalf in the high court,” he added.
Khan said, “In 2016, the railways in their affidavit to the high court said the alleged encroachment is on 29 acres of land and now they are saying it’s 78 acres based on their recent demarcation survey.”
According to him, the eviction drive would render over 50,000 people, including women, children and the elderly homeless and jeopardise their future.
Sumit Hridayesh, Congress MLA from the Haldwani assembly constituency, showing support to the residents of Banbhoolpura said, “The state government didn’t represent the affected people’s property in the high court and let the railways dominate proceedings. Now the railway authorities have come up with an imaginary survey which says their 79 acres of land have encroached against a 2016 affidavit submitted in the high court which mentioned 29 acres.”
He added, “There are state-run hospitals, and schools in the area. Did the government occupy railway land? People are living in the area for decades and have registered documents. There is a mountain of evidence and we hope the Supreme Court will give relief to the affected people.”
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He said the ruling- Bharatiya Janata Party’s (BJP) slogans of sabka sath-sabka vikas and beti-bachao, beti-padhao are “hoaxes”.
On Saturday, former chief minister Harish Rawat also wrote an open letter to chief minister Pushkar Singh Dhami for a resolution.
BJP state media in-charge Manveer Singh Chauhan said, “Authorities are bound to abide by the decision of the court. Everyone is equal to us, it’s not about Hindu or Muslim.”
According to the district administration officials, railway authorities have already asked them to remove 4,365 encroachments within seven days, failing which the demolition process will be started.
Rajendra Singh, public relations officer, Northeastern railway, Izzatnagar Division said, amid the orders of the high court, “We have issued a public notice on Sunday, asking people of Banbhoolpura in Haldwani area of Nainital district to remove 4,365 encroachments within seven days failing which demolition process will be started.”
Senior superintendent of police, Nainital, Pankaj Bhatt said they would make adequate security arrangements for the anti-encroachment drive and as many as 14 companies of paramilitary forces would be deployed.