Striking a balance between development requirements and the human element behind evicting thousands of families, Chief Justice Kant suggested that the State could acquire alternative land under the PMAY for the rehabilitation of the evictees. File
| Photo Credit: The Hindu
The Supreme Court on Tuesday (February 24, 2026) directed Uttarakhand officials and the State Legal Services Authority to conduct camps to encourage nearly 50,000 people occupying over 30 hectares of public land near the railway tracks of Haldwani to apply for benefits and rehabilitation measures under the Pradhan Mantri Awaz Yojana (PMAY) scheme.
The land is being reclaimed by the Railways for infrastructure development, compelling nearly 5,000 families to leave a place they had occupied for half a century. The dispute between the Railways and State authorities on one side and the occupants on the other have been prolonged.
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On Tuesday (February 24, 2026), a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the “stalemate” between the two sides cannot go on indefinitely.
“This is public land. You argue as if you are the owner of the land. You can have the concession of being considered, but it is illegal to encroach on public land,” Justice Bagchi addressed advocates Prashant Bhushan and Neh Rathi, appearing for the occupants.
Mr. Bhushan submitted that the State had proposed to regularise the possession of the land and had even promised patta (title) to the occupants.
Justice Bagchi said it was the prerogative of the State to “do what it wanted on public land. The thing here is you have been occupying the land for a long time and you must given some sort of a cushion. For you, it is more of a help and less a right”.
Additional Solicitor-General Aishwarya Bhati, for the Railways, said a flooding Ghaula River habitually disrupts railway operations in a region known as the doorway to the hills of Uttarakhand. The Railways required more land urgently to lay new tracks.
Striking a balance between development requirements and the human element behind evicting thousands of families, Chief Justice Kant suggested that the State could acquire alternative land under the PMAY for the rehabilitation of the evictees. Instead of monetary compensation, the amount could be used for construction of homes which were equivalent to those the evictees had to leave behind.
Referring to the span of such alternative land, the CJI said the population of those evicted would increase, requiring space for schools, health centres, etc.
The court directed the Uttarakhand State Legal Services Authority to conduct multiple rehabilitation camps from March 19 to March 31, hold door-to-door campaigns, and ensure that families are made aware of the PMAY benefits and persuade every head of the family living at site to apply under the programme.
The Bench said the District Collector and authorities would determine the family-wise eligibility under PMAY. The State was directed to submit a status report on the number of families found eligible.
Published – February 24, 2026 09:18 pm IST
