The Supreme Court (SC) has postponed the hearing of the Banbhulpura case in Haldwani, leading to a delay in the rehabilitation of over 4,000 families. The delay occurred after Justice Sudhanshu Dhulia, who is from Uttarakhand, recused himself from the case. The SC had previously instructed the Uttarakhand government to submit an affidavit regarding the rehabilitation of these families, most of whom belong to the minority community and have been residing in the area for many years.
Last year, the Uttarakhand High Court had ordered the eviction of these families from approximately 29 acres of railway land. However, the apex court intervened earlier this year and halted the eviction, stating that forcibly uprooting such a large number of people without first considering their rights was untenable.
The petitioner, Abdul Mateen Siddiqui, revealed that the SC hearing was scheduled to take place, but with Justice Dhulia recusing himself, the hearing has been postponed to a later date, tentatively August 14. Another judge will be nominated to preside over the case instead.
In 2021, two additional district judges in Nainital, Neelam Ratra and Kanwar Amninder Singh, dismissed 33 appeals against the eviction notices issued by the North Eastern Railway (NER). These appeals were filed by residents of Banbhulpura, many of whom claimed that their families had been living in the area for over a century.
The High Court subsequently directed state authorities to remove the illegal encroachments, resulting in what was referred to as Uttarakhand’s biggest demolition drive. Notices were published in newspapers instructing residents to remove their household belongings, and the administration assigned 10 ADMs (Additional District Magistrates) and 30 SDM-rank officers to oversee the process. Seeking relief, some of the affected residents approached the Supreme Court.
