The Supreme Court, in the Haldwani eviction case, has directed the Uttarakhand Legal Services Authority to organise a camp for families facing eviction from public land required for railway purposes. The camp will allow these families to apply for rehabilitation under the Pradhan Mantri Awas Yojana (PMAY).

The Court said the camp should be held after March 15, following the petitioners’ request to schedule it after Ramzan. It also instructed the Nainital District Collector and revenue officials to provide the necessary support, and directed that the entire process be completed by March 31.

The District Collector has been directed to assess the eligibility of each family under PMAY and submit a report to the Court.

Background of the Case:

A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymala Bagchi was hearing petitions challenging the Uttarakhand High Court’s December 2022 eviction order, which targeted nearly 50,000 people accused of encroaching on public land in Haldwani, Uttarakhand. The Supreme Court stayed the High Court’s order in January 2023 and has extended the stay periodically.

In July and September 2024, the Court directed the State, the Union Government, and the Railways to prepare a relocation and rehabilitation plan. During the latest hearing, the bench emphasised that no one has a legal right to public land and observed that rehabilitation is “more of a privilege than a right” for the occupants.

Bench Observations on Public Land:
"There is no question that it is the land of the state and it is prerogative of the state to decide how to use the land. 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," observed Justice Bagchi.

CJI Kant stressed that occupants cannot decide how railway land is used. The bench highlighted the safety risks of living near railway tracks and urged people to relocate to safer areas.

Support for PMAY Rehabilitation :
Additional Solicitor General Aishwarya Bhati supported rehabilitation under the Pradhan Mantri Awas Yojana (PMAY), highlighting the land’s importance for railway development. Advocate On Record (AOR) Prashant Bhushan, noted that around 5,000 families have been living there for years, with schools and public facilities present, but he also agreed with the idea of rehabilitation.

Justice Bhushan, speaking post-order, remarked, "This is a salutory order, but my hunch is that, very few are going to be found eligible,"

Senior Advocate Salman Khurshid, also representing some petitioners, highlighted that the area had been notified as a slum, invoking slum rehabilitation benefits, and requested that provisions be made for schools, hospitals, and places of worship.

CJI Calls for Balanced Approach:
CJI Kant called for a balanced approach saying, “At the end of the day, it is a question of 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."

Case Title: Abdul Mateen Siddiqui v. Union of India and Ors. Diary No. 289/2023 (and connected cases)