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‘No legal right’: SC recommends Haldwani land occupants’ rehabilitation under PM Awas Yojana
A bench of CJI Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said those who had encroached upon the land have no right to demand to be rehabilitated there itself.
The court said it is unsafe for people to stay near railway lines, and suggested that they move to a safer place. (File Photo)
The Supreme Court on Tuesday said that the land in Haldwani sought to be cleared of encroachments indeed belonged to the Railways, and asked the Uttarakhand Legal Services Authority to hold a camp so that the families facing eviction can apply for rehabilitation under the Pradhan Mantri Awas Yojana (PMAY).
A bench of CJI Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said those who had encroached upon the land have no right to demand to be rehabilitated there itself.
“Why to insist for them to stay there when there can be another place with better amenities. For any ambitious project, there is vacant space needed on both sides. The people staying there cannot dictate where railway should lay line etc.,” CJI Kant said.
Jastice Bagchi said the land belongs to the State and it is prerogative of the State to decide how to use it. “The only thing is they have been staying there and now the issue is when they are asked to leave, they be given some cushion. Our prima facie view is that it is more of a privilege and less of a right,” he said.
The court said it is unsafe for people to stay near railway lines, and suggested that they move to a safer place.
Additional Solicitor General Aishwarya Bhati, appearing for the Railways, said that they can be accommodated under the PMAY. The bench then directed that they be given application forms to apply under PMAY. “In order to facilitate the application, we direct the member secretary of the State Legal Services Authority to hold with them a rehabilitation camp at the site and ensure that every head of the family is persuaded to apply under the Awas Yojna,” the bench said.
The court further asked the District Collector to determine the family-wise eligibility of the applicants and submit a report to it.
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The court was hearing an appeal against the December 22, 2022, order of the Uttarakhand High Court to evict those living on railway land. It had said that they cannot be uprooted overnight and some rehabilitation scheme is necessary for those claiming legal rights on the land.
On Tuesday, the CJI said a balanced approach is needed, taking into account the developmental needs of the State and rehabilitation of those deserving.
“At the end of the day, it is a question of the lives of thousands of families. A flexible approach can save them. They will be the worst losers of this litigation. Right now, we don’t know about the schooling of the children, the condition of their homes, from where drinking water is coming…there has to be a solution, a balanced approach,” the CJI said.
The court directed that a “practical solution be found before March 31”. It ordered that the camps be held till all families have applied and added that some counsellors, social activists and domain experts who can apprise the residents of the benefits of PM Awas Yojna be recruited.
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