No Demolition without Rehabilitation: SC in Haldwani Railway Colony Case
In a landmark ruling Tuesday, the Supreme Court of India barred the Uttarakhand government to carry demolition and eviction without the Rehabilitation of the local residents of the Haldwani Railway Colony
[Haldwani Railway Colony reisdents on road to seek justice (File Image)]
New Delhi: In a landmark ruling Tuesday, the Supreme Court of India barred the Uttarakhand government to carry demolition and eviction without the Rehabilitation of the local residents of the Haldwani Railway Colony.
The Supreme Court in its ruling also said it does not call the residents encroachers, and asked the BJP ruled state to provide them housing under the Pradhan Mantri Awaas Yojana (PMAY) before going ahead with the planned eviction drive.
"We are not calling them 'encroachers', we have called them 'occupants'", a SC Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi said.
"When they are being rehabilitated, they can't be called encroachers", the Judges said.
The Court underscored that determining eligibility under the Pradhan Mantri Awaas Yojana was "highly desirable" to mitigate the impact of displacement.
The SC in its ruling, which came in response to the petition filed by Jamiat Ulama-i-Hind on behalf of 29 affected residents, also ordered that no demolition be undertaken until the next hearing, scheduled for April.
"A Step Towards Justice"
The petition was originally filed in January 2023, following which the Supreme Court granted an interim stay on January 5, 2023.
During the latest hearing, Senior Advocate Raoof Rahim, Advocate Mansoor Ali Khan and Advocate Rubina Javed appeared for Jamiat Ulama-i-Hind, while the matter was coordinated from the organisation’s central office by Advocate Maulana Niyaz Ahmed Farooqi, Secretary of Jamiat Ulama-i-Hind.
Observing that the matter concerns a large population and could affect thousands of families, the Court instructed the Nainital district administration and local authorities in Haldwani to set up registration camps for affected residents. "Eligible families are to be assisted in applying under the Pradhan Mantri Awas Yojana (EWS category)", the SC said.
Taking into account the holy month of Ramadan and Eid, the Court directed that the camps be organised after March 19 to avoid inconvenience to residents. Authorities have also been asked to keep the camps operational for at least a week to ensure complete registration.
Reacting to the order, Maulana Mahmood Madani, President of Jamiat Ulama-i-Hind, termed the SC ruling "a step towards justice" but said justice cannot be considered complete unless every affected person is ensured to be given alternatively dignified living conditions and secure shelter.
“In a constitutional democracy, long-settled residents cannot be displaced without providing viable alternative housing. Law must serve justice and protect the vulnerable, not become a tool in the hands of the powerful,” he said.
"Financial Assistance to Relocated Families"
During the proceedings, it was submitted that in case of displacement, the Railways and the State Government would jointly provide monthly financial assistance for six months to relocated families.
The Centre argued that expansion of railway infrastructure in the area is necessary and that the land holds strategic importance.
Counsel for the petitioners, however, pointed out that nearly 50,000 people reside in the locality, making large-scale rehabilitation a complex challenge. The Court clarified that while the final decision on land use rests with the concerned authority, rehabilitation must be humane, orderly and effective.
Jamiat Ulama-i-Hind General Secretary Maulana Hakeemuddin Qasmi said the organisation’s role extends beyond courtroom litigation and includes ensuring relief at the ground level.
He added that local teams have already been mobilised to assist residents with documentation and registration processes so that no eligible family is denied assistance due to lack of information or procedural hurdles.The case is expected to come up for further hearing in April, with the Court’s interim protection against demolition remaining in force until then.
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