NEW DELHI: The Supreme Court on Tuesday asked illegal occupants of over 30 hectares of railway/state land in Haldwani, Uttarakhand, to apply for Prime Minister Awas Joyna’s (PMAY) house and dismissed their plea for in-situ rehabilitation on the grounds that more land was available for expansion.Advocate Prashant Bhushan, appearing for the encroachers, said they had been living there for decades and the state government had proposed regularizing their houses. “There is more land nearby that could be used for rail expansion projects,” he said.However, a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said, “These are public lands. Just because the authorities turn a blind eye to encroachments, it does not become your land.” When it is public land, it is the prerogative of the state to decide how it is used, and the occupier cannot determine its use. “The only problem is that when humanitarian concerns exist, the best solution to the problem can be found. These concerns create privileges, not rights,” it said.Court records stated that around 30 hectares of land owned by the Indian Railways/State was allegedly encroached upon. In addition, 4,365 houses are said to have been built on the site and more than 50,000 people live there.Reacting to the SC’s earlier directive on identifying land for rehabilitation of unauthorized occupants, Solicitor General Aishwarya Bhati said finding land in the hilly state is difficult but added that if the occupants apply for housing under PMAY, the eligible housing units will be allotted in the state or Uttar Pradesh.The bench recorded the proposal made by the Railways and the state government to pay Rs 2,000 per month for six months for each demolished house so that the residents can move in on rent. Lawyers said camps could be established after March 19.
