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  • SC stays Uttarakhand HC order against encroachment of railway land

    January 19, 2017

    The Supreme Court has ordered a stay on the direction of the Uttarakhand HC for the removal of all encroachments and assumption of possession by the railway authorities on a land located in Haldwani, Nainital.

    Further, keeping in mind the sufferings of the aggrieved, the apex court has permitted the affected parties to raise their grievances before a division bench of the high court.

    The order of the Uttarakhand HC came after a special leave petition, which was filed by individuals who contended that approximately 50,000 people were residing in the area, and would be affected by the orders passed by the high court and none of them were issued notices, or were heard before the high court.

    The petitioners contended that the high court was not justified in directing the authorities to remove the alleged encroachments without allowing them to first conduct demarcation proceedings over the said land. This may cause a huge impact on thousands of occupants, who have been in occupation of the land for last several decades.

    In the light of the contentions put forward by the aggrieved parties, the SC has permitted them to move appropriate applications before the high court, and further stated that such applications shall be examined by a division bench of the high court. The course adopted by SC would ensure that an eventual order would be passed, only after the petitioners have been afforded an opportunity of hearing, and their individual contentions have been taken care of.
     

    OUR TAKE

    The order passed by the Uttarakhand HC for removal of all encroachments and assumption of possession of the land by the railway authorities was flawed, as it did not look into the problems that shall be faced by the occupants of the said land. Thus, the order made by the SC will help the aggrieved parties to put forward their grievances so that justified orders can be made.


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