Within the Haldwani eviction matter, the Supreme Courtroom on Tuesday directed the Uttarakhand Authorized Companies Authorities to carry a camp to allow the households, who’re dealing with eviction for occupying public land wanted for railways, to use for rehabilitation beneath the Pradhan Mantri Awaas Yojana.
The Courtroom ordered that the camp be held after March 15, on the suggestion of the petitioners that it’s carried out after the month of Ramzan. The Courtroom directed the Nainital district collector and different income authorities to offer essential help. The train needs to be accomplished earlier than March 31.
The Collector ought to decide the family-wise eligibility of the candidates beneath the PMAY and submit a report back to the Courtroom.
Throughout as we speak’s listening to, the bench noticed that no person can declare a proper to occupy public land. The one factor the individuals can declare is that they be rehabilitated, and even that’s “extra of a privilege than a proper”, the bench opined.
“There isn’t a query that it’s the land of the state and it’s prerogative of the state to resolve use the land. Solely factor is that they have been staying there and now the difficulty is when they’re requested to go away, they be given some cushion. Our prima facie view is that it’s extra of a privilege and fewer of a proper,” Justice Bagchi stated.
Extra Solicitor Normal Aishwarya Bhati submitted that the occupants could be rehabilitated beneath the Pradhan Mantri Awaas Yojana. She asserted that the land was important for the event initiatives of the railways.
Senior Advocate Salman Khurshid, for some petitioners, submitted that the realm has been notified as a slum, and the good thing about the slum rehabilitation schemes additionally would apply. He additionally requested the Courtroom to make some provisions for faculties, hospitals and locations of worship current there.
“On the finish of the day, it’s a query of lives of 1000’s of households. A versatile method can save them. They would be the worst losers of this litigation. Proper now, we do not know in regards to the education of the youngsters, the situation of their houses, from the place ingesting water is coming…there needs to be an answer, a balanced method,” CJI Kant stated.
Case Title: Abdul Mateen Siddiqui v. Union of India and Ors. Diary No. 289/2023 (and related instances)
