An old Urdu line is popular in India.
“लोग टूट जाते हैं एक घर बनाने में” क्या रखा है इतनी जेहमत उठाने में।
जब बड़े बना के गए है encroachment scheme, तो क्या तकलीफ है उसको अपनाने में।।
Haldwani encroachment: This translates to, “People toil hard to build a house” but why bother to take so much trouble when the predecessors have left bend the encroachment scheme. Simply follow it”. This is the very illegal notion we have to fight with tooth and nail.
On December 28, a large gathering of Muslim residents in Haldwani started a protest to express their dissent regarding the clearance of unauthorised settlements on railway land in compliance with a High Court ruling. The demonstrators argued that removing the ‘unauthorised’ encroachments would leave them without a place to live.
After almost a decade of debate, the Uttarakhand High court ordered to demolish the illegal constructions on Railway lands in Haldwani Uttarakhand but the Supreme Court on Wednesday issued a stay on the eviction of those encroaching on those lands. The apex court bench, consisting of Justices SK Kaul and AS Oka, ordered to halt any new development on the land until a workable solution has been devised. The stay was in response to the Uttarakhand High Court’s order to evict the families from the railway property.
SC stance was different back then
On June 7, 2021, the Supreme Court issued an order to remove any illegal encroachments on forest land in Khori Gaon, a village near the Aravallis in Haryana’s Faridabad. This decision came as a result of a petition to halt the demolition of 10,000 homes in the area. The court emphasised that protection of forest land must remain a priority, and no leniency can be shown in this regard.
Later, on June 17, 2021, the Supreme Court confirmed its ruling to uphold the law and remove any unauthorised occupiers of forest lands. This decision resulted in the eviction of an estimated 100,000 people from the affected areas.
“We gave orders, you have been there at your own risk. This is forest land, not any ordinary land. When you want the scheme to be extended, you need to provide additional documents and details. One year was already given to you,” the Supreme Court said back then.
On July 16, 2021, UNHCR respectfully requested the Indian government to pause the development of Khori Gaon and also expressed concern that “the Indian Supreme Court which has in the past led the protection of housing rights is now leading evictions.”
Interestingly, the Supreme Court made a ground-breaking ruling in March 2022, emphasising the paramount importance of environmental protection over civil rights. While listening to the arguments presented, Justice M Khanwilkar noted thoughtfully, “Environment is more important than your civil rights. Your civil rights are subordinate to the environment. Once a forest, it is always a forest unless it is denotified.”
However, in the case of illegal encroachment of Indian Railways land the Supreme Court has issued a stay on the encroachment clearance drive, while also emphasising the need to ensure the rehabilitation of valid residents and find a suitable resolution for illegal encroachers.
Also read: Land encroachers of Haldwani are showing the power of Shaheen Bagh Model
A dangerous weapon in the hands of Islamists
The Supreme Court’s Stay Order has been welcomed by Islamists across the country, as it provides them with a powerful tool to acquire land without the need for arduous effort or toil. This ruling will give them the ability to challenge any state or any authority with this SC order.
#BREAKING
Supreme Court Stays Uttarakhand HC Direction For Haldwani Evictions; Says "50,000 People Can't Be Uprooted In 7 Days". Next date of the hearing is 7th Feb.A big relief ALHAMDULILLAH #Haldwani#StandWithPeopleOfHaldwani pic.twitter.com/3MEEoYCw05
— Razia Masood رضــــیہ (@RaziaMasood__) January 5, 2023
Any land being encroached upon should be cleared and the Supreme Court should issue judgments that are fair and impartial. As we are already facing a crisis with illegal immigrants and the Rohingya people, it is essential that the Supreme Court passes judgments that are equitable and protect the interests of all parties involved because these kinds of verdicts will provide enormous power to these parasites.
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