This is an archive article published on January 5, 2023
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Haldwani demolitions: The State blurs the distinction between legal and illegal — and punishes the poor

There is no public good in ‘bulldozer urbanism’. Demolitions and evictions that mainly affect the poor irreparably damage already vulnerable lives while also failing as public policy

Women and children stage a dharna against the eviction. (Photo: PTI)Women and children stage a dharna against the eviction. (Photo: PTI)
Written by: Sanjay Srivastava
7 min readJan 6, 2023 09:13 AM IST First published on: Jan 5, 2023 at 01:34 PM IST

The Supreme Court has stayed the demolition on the railway land in Haldwani where “encroachers” have been asked to vacate the land or face eviction. Regardless of their fate, there is one aspect of this episode we must never forget: That the modern history of land in India is a history of blurred distinctions between illegality and legality that the state itself generates and maintains. It is also a cautionary history of the selective manner in which the state deals with different sections of the population, making democracy a movable feast rather than a consistent system of governance and citizens’ rights.

The Haldwani case is similar to a number of other instances of “encroachments” and demolitions around the country where vast areas of apparently illegal residential and commercial complexes hide in plain sight. That is – notwithstanding the strictures of master plan documents – offices, schools, hospitals, shops and residential structures come to “illegally” occupy lands owned by this or that government authority in full view of the urban life that swirls around them. And then, one day, like some secular magic or act of administrative occultism, the illegality is discovered and, depending on who occupies these lands, removed. However, by this time, the facilitators of the illegality – usually state officials at different levels, have long departed their posts, and transferred to another opportunity elsewhere. This has greater consequences than just the dislocation of lives (it is usually the urban poor who are the most discardable of our populations). It cumulatively institutionalises the illegality that the state nurtures within it and further develops it as a well-crafted art of governance.

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