Major relief for nearly 50,000 residents as court orders planned rehabilitation; Jamiat Ulama-i-Hind calls verdict a step towards justice
NEW DELHI — In a landmark ruling on Tuesday, the Supreme Court barred the Uttarakhand government from carrying out demolition and eviction without the rehabilitation of residents of the Haldwani Railway Colony.
The court 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 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.
While affirming that the disputed land belongs to the Railways and that land-use decisions lie with the railway authorities, the court stressed that humanitarian considerations must guide any future action involving large-scale displacement.
Hearing SLP No. 804/2023, filed on behalf of 29 affected residents under the guidance of Jamiat Ulama-i-Hind chief Maulana Mahmood Madani, the court directed the state government, Railways and district administration to identify families likely to be displaced and ensure systematic rehabilitation so that no family is left without support. The bench also ordered that no demolition be undertaken until the next hearing, scheduled for April.
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.
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 been asked to keep the camps operational for at least a week to ensure complete registration.
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 the 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.
Reacting to the order, Maulana Mahmood Madani, said that 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.
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 a lack of information or procedural hurdles.
