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Legal Review by
Edited by
Updated by
Published on
February 16, 2022
February 12, 2024
Edited on
January 4, 2023
February 16, 2022
On July 27, 2021, the North Eastern Railways served more than 1,000 eviction notices to the residents of Banbhoolpura, ordering them to evict their houses within 15 days. Similar notices were served to more than 500 people in April and 1,581 people in January. The residents complained that the regular circulation of eviction notices was only to harass the people as the matter is sub judice in court.
In an earlier order dated November 9, 2016, the Uttarakhand high court had directed the North Eastern Railway authorities to remove encroachments on railway land. Following that order, around 4,365 notices were issued in 2016**. **Dismissing a review application filed by the state, the court in January 2017 ordered the eviction of encroachers within four weeks. But the Supreme Court stayed the order for three months, noting that the high court had not heard the petitioners before passing the order of eviction.
Families facing the threat of eviction contend that the land belongs to the Haldwani Municipal Corporation (HMC) and not the Railways. Some have claimed long-standing possession, arguing that they have been residing in the area since independence and hence the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, does not apply to them. Others have claimed that the land was allotted to them by the state, while some others contend that they purchased the land in a public auction. The counsel for people facing the eviction claim a land ownership dispute between the Railways and the state, in addition to the demarcation of the land not being complete.
Laxmi, one of the women living in the area facing the threat of eviction, told LCW: "Our houses have been marked. I know they have been asking us to relocate. When Indira aunty (referring to late Congress leader Indira Hridayesh of Haldwani constituency) was around, she told us not to worry. But I am not sure what awaits us now; nobody anyway listens to us.”
The residents have been demanding ownership rights, regularisation, construction of sewer lines, hospitals and resettlement of people in the Gafur Basti area. According to them, the HMC owns 75 per cent of the land and hence, the demarcation should be done jointly by the corporation and the Railways. They also argue that the Railways should only evict people residing in its part of the land.
Railway officials, meanwhile, say that the encroachment is hampering development and expansion works. According to them, several proposals for expanding railway tracks in the area were sent to the government in the past but that the issue of encroachment prevented their passage. A proposal for constructing pit lines was sent a few years ago but has taken a backseat due to the lack of space resulting from encroachment. Officials believe that removing the encroachment would facilitate the operation of longer route trains from the Haldwani railway station, which will benefit the Railways with increased income and enable more accessible travel for the general public.
In 2018, the High Court had issued directions to the HMC to remove all illegal encroachments in the city after a public interest litigation was filed by a journalist. The same year, the state passed the Uttarakhand Special Provisions for Urban Bodies and Authorities Act, which provided a three-year relief to unauthorised constructions (slums) from punitive actions in matters of notices issued by a local authority. Replacing a 2016 Act by the previous government, the 2018 Act is aimed at sustainable and planned development of slums in the state.
The conflict over the encroachment of Railway land can be traced to 2007, when the Railway authorities conducted eviction drives for land demarcation and removal of encroachment. However, it resulted in clashes and arson and was met with protests and stone-pelting. As the railways authorities continue to issue notices, the fate of thousands of people has been left in the lurch. Agitating people have questioned the government’s intentions, as they claim no action has been taken since 2016 to regularise the land or to resettle them.
Demand for rehabilitation
Demand for legal recognition of land rights
Complaint against procedural violations
Demand for better access to common land/resources
Regularisation of land, construction of sewer lines and hospitals
Urban
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
No
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Land record discrepancies
Forced evictions/dispossession of land
Lack of legal protection over land rights
Non-rehabilitation of displaced people
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Uttarakhand, Supreme Court of India
Case Number
WP (PIL) 178/2018, MCC 16/2017 (Uttarakhand High Court), SLP 1533-1535/2017 (Supreme Court)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Complaints/petitions/letters/memorandums to officials
Stone pelting
Property damage/arson
Government Departments Involved in the Conflict:
Indian Railways
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Banbhoolpura Sangharsh Samiti
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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