With the ongoing Haldwani protest Supreme Court has put an stay order over the mass eviction of 50,000 people in 7 days. The eviction order has came out from the Uttarakhand High Court and issued eviction notice to 4000 families.
The bench of Justice Sanjay Kishan Kaul and Abhay S Oka has passed the order against the Uttarakhand High Court saying "there cannot be uprooting of 50,000 people in 7 days". Bench came out with decision after knowing that these peole have been residing there for decades, claiming their rights on lease and auction purchases.
Supreme Court said that a rehabilitation scheme should have been presented to reallocate the mass population by giving them a alter location to shift before placing any eviction notice. The court has further pushed the matter to February 7,2023, telling the state and the railway to find a practical solution.
"There are two aspects of the issue. One, they claim leases. Two, they say people migrated after 1947 and the lands were auctioned. People stayed there for so many years. Some rehabilitation has to be given. There are establishments there. How can you say in seven days clear them off?" said by the Justice SK Kaul.
Additional Solicitor General (ASG) said that the issue was not happened overnight and the due process had been properly followed. She said that this issue has been going around for a long time and also said that their are rehabilitation schemes made up for the residents staying here but they said that this is their land and will not leave it. She said that both State and railway are on same page and submitted several orders of eviction have been passed by Public Premises Act.
The bench is also considering the needs of railway and passed a statement thattwo things can occur in harmony. They also said that is not justifiable that paramilitary forces have to be set out in order to remove the people from their.
Residents from there has claimed that the land on which they are living has been with them before the independence era, which some people have purchased and some has taken it on lease executed by the government itself.
Petitioners also made points that they are financially not strong enough and has been residing there lawfully for more than 70 year. They presented the house tax that they have been paying to the muncipal regularly for years and also their are established 5 government schools, hospitals, overhed water tank. They argued that even aadhar is accepting their residential addresses, and have been supplied gas and water through agencies.
The court also cleared that the case happening under Public Premisies Act will continue happening. The court said that the order came out of high court has not considered the situation and living of the people their.
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