Thursday, 19 May 2022 | PNS | Nainital
Those persons being affected by the governmental action of removing encroachments from 29 acre land of the railways in Haldwani should present their stand with all relevant papers in the high court within two weeks. The Uttarakhand high court divison bench of justices Sharad Kumar Sharma dn RC Khuble issued this direction while hearing on a petition against the encroachments by social activist Ravishankar Joshi. The justices also directed the high court registry to get a public notice regarding the matter published in two prominent newspapers.
As per the case details, while hearing a PIL filed by Ravishankar Joshi in November 2016, the HC had directed removing encroachments from the railway land within 10 weeks.The court had directed that notices should be issued to the encroachers under the Railway Property Act and that a public hearing be held. The railways counsel stated on Wednesday that 28 acres land of the railways has been encroached upon in Haldwani with about 4,365 people present on the encroached land.These people were issued notices on the directions of the high court and their contentions have been given a hearing by the railways. The counsel further said that none of the encroachers has valid papers to stake claim to the land encroached upon. The railways has sent written communications to the Nainital district magistrate twice to provide security for removal of the encroachers but not response has been received till date from the administration. In December 2021, the Supreme Court had issued guidelines to all States according to which if there is encroachment on railway land, those encroaching near the railway tracks should be issued notices in two weeks and those encroaching beyond should be issued notices in six weeks before their eviction so that the railway can be expanded. The responsibility of settling such encroachers anywhere in the State is upon the district administration and the State government.
