The Supreme Court on Wednesday stayed the eviction of over 50,000 dwellers settled in a colony in Haldwani after the Uttarakhand High Court directed them to vacate the land spread over 29 acres and hand over possession to the Railways.
The affected occupants of the colony situated near Haldwani railway station had requested the apex court to hear them urgently since the demolition was ordered to take place before February 9. With the High Court on vacation till February 13, the colony dwellers submitted that they did not receive any notice of eviction under Public Premises Act.
The bench of Chief Justice JS Khehar and Justice DY Chandrachud directed the residents to approach the HC seeking recall or modification of the November 9, 2016 order. The bench asked the HC to dispose the application in three months beginning February 13 till when the eviction action shall remain stayed.
State Government, represented by senior advocate Salman Khurshid, also supported the residents who had settled in the colony prior to Independence. He said that the land in question was not Railway land as the demarcation is yet to be done. The order of the HC had come on a PIl which dealt with construction of a bridge near Haldwani in which the HC passed orders to oust the colony terming it an “unauthorised occupation” on land belonging to Railways.
Senior advocates Indira Jaising and Colin Gonsalves, who represented the affected residents, showed valid leases possessed by the dwellers while some had obtained it through valid auction.