SC Refuses Haldwani Eviction Stay, Orders PMAY Housing for 27,000

The occupants are alleged to have encroached upon railway land, and eviction proceedings are underway.

A Bench comprising of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi refused to stay the eviction but acknowledged that thousands of families are likely to be uprooted. The Court, therefore, directed the State to verify their eligibility under PMAY and submit a detailed status report before the next hearing.

Clarifying its stance, the Bench orally observed, "We are not calling them 'encroachers', we have called them 'occupants'". When they are being rehabilitated, they can't be called encroachers." The Court underscored that determining eligibility under the Pradhan Mantri Awaas Yojana was "highly desirable" to mitigate the impact of displacement.

In its order, the apex court directed the Collector and revenue authorities of Nainital and Haldwani districts to supply PMAY application forms to affected families to facilitate their enrolment under the scheme. It further instructed the Uttarakhand State Legal Services Authority (SLSA) to organise rehabilitation camps at the site beginning March 18. The Member Secretary of the SLSA has been directed to remain present at the location after the commencement of the camp.

The Bench also asked the district administration to extend full cooperation to the Legal Services Authority to ensure smooth implementation of the scheme-related process. The Court expressed hope that the exercise would be completed by March 31 and noted that multiple camps could be organised if necessary. It permitted the SLSA to involve counsellors, social activists, and conduct door-to-door outreach campaigns to maximise awareness and participation.

The Collector or any designated authority has been tasked with determining family-wise eligibility and submitting a status report to the Court, specifying how many families qualify for benefits under the housing scheme. The Court said it would consider alternative solutions for those found ineligible at the next hearing after reviewing the report.

"The SLSA may also avail the services of counsellors, social activists, etc., and may hold a door-to-door campaign to ensure maximum outreach and awareness. The Collector or any other prescribed authority shall determine family-wise eligibility of the occupants and submit a status report to this Court indicating how many families are eligible to take the benefit of the scheme", the Court noted in its order.

- ANI