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The Supreme Court of India has held that residents living on encroached railway land in Banbhoolpura area of Haldwani do not have any legal right over the property, which belongs to Indian Railways. While allowing authorities to proceed with infrastructure plans, the court directed the Centre and the Uttarakhand government to assess eligibility of over 5,000 affected families under the Pradhan Mantri Awas Yojana. The matter is scheduled for further hearing on April 1, with officials required to submit a status report on rehabilitation steps.
The Supreme Court has ruled that people occupying railway land in the Banbhoolpura locality of Haldwani cannot claim any legal right to continue staying there, as the land belongs to Indian Railways. The bench, headed by Justice Surya Kant and Justice Joymalya Bagchi, said that unauthorised occupation of public land does not create ownership or tenancy rights, even if the settlement has existed for decades. Advertisement
The case relates to large-scale encroachments on railway land near the Haldwani railway station, where more than 5,000 families have been residing. The land is required for expansion and modernisation of railway infrastructure. The railways informed the court that the project is necessary for operational efficiency and safety, and that past flooding and water-related damage in the area have affected railway assets.
The court made it clear that development projects on public land cannot be stalled indefinitely because of encroachments. At the same time, it directed both the central and state governments to examine whether the affected families qualify for benefits under the Pradhan Mantri Awas Yojana. Authorities have been asked to set up facilitation camps to help eligible residents complete required documentation and formalities.
During the hearing, counsel appearing for the residents argued that many families have lived there for several decades and that there were earlier assurances of regularisation. However, the court observed that no document has been produced to show any legal transfer of title. It noted that administrative inaction in the past cannot be treated as recognition of legal rights.
The railways and the state government informed the bench that eligible families could be provided alternative housing either within Uttarakhand or in neighbouring Uttar Pradesh, in line with scheme norms. Temporary financial assistance towards rent may also be considered for a limited period to ease relocation.
The dispute has been ongoing for several years. Earlier proceedings before the Uttarakhand High Court had directed removal of encroachments, which led to appeals before the apex court. At one stage, the Supreme Court had stayed eviction considering humanitarian concerns. With the present order, the court has clarified the legal position while ensuring that rehabilitation measures are examined in a structured manner.
The matter will be taken up again on April 1, when authorities are expected to place on record the progress made in identifying beneficiaries and initiating the rehabilitation process.
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