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SC to hear petition challenging HC’s order of Haldwani encroachment on Jan 5

The Uttarakhand High Court’s ruling ordering the state government to remove “encroachments from railway land” in the Banbhoolpura neighbourhood of Haldwani has been appealed, and the Supreme Court (SC) has set January 5 as the date for hearing the case. The state administration was ordered by the high court to remove the encroachments from the […]

The Uttarakhand High Court’s ruling ordering the state government to remove “encroachments from railway land” in the Banbhoolpura neighbourhood of Haldwani has been appealed, and the Supreme Court (SC) has set January 5 as the date for hearing the case.

The state administration was ordered by the high court to remove the encroachments from the “railway land” in Haldwani in December of last year after giving people a week’s notice.

Thousands of people who are about to lose their homes have placed their hopes in the hearing before the Supreme court. On Wednesday, locals started a satyagraha to protest the removal of encroachments from railway land in accordance with a high court judgement.

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.

11 people have so far appealed the high court’s ruling to the SC, and more are reportedly planning to do the same, according to those with knowledge of the situation.

In spite of objections from the locals, the railway authorities carried out a demarcation two days following the order.

According to railways, the study revealed a total of 4,365 houses that are illegitimately occupying 78 acres of land in the Banbhoolpura neighbourhood of Haldwani.

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.

Shakil Siddique, a local resident of Chirag Ali Shah Baba Road, Banbhoolpura told Two Circles.net that the railway has no proper documents to claim this land. “The said encroachment is based on a single map of the Indian Railways and doesn’t reflect the established colony of over 50,000 people,” he said. 

Siddique said that the court has given a one-sided judgment ignoring the plight Rani, 45, has spent her entire life in Haldwani, where her grandparents also resided and passed away.

45-year-old Rani told Twocircles.net that she has spent her entire life in Haldwani, where her grandparents also resided and passed away.

She further said, “here, my entire family resides. All of my family members, including my brother, sister, mother, father, spouse, and kids, are here. My grandparents were born and passed away here. My house is inherited property. They are now informing us that this is railroad property. How arbitrary is that?”

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.”

He said the ruling- Bharatiya Janata Party’s (BJP) slogans of sabka sath-sabka vikas and beti-bachao, beti-padhao are “hoaxes”.

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