Supreme Court’s Shift on Haldwani Evictions Raises Serious Concerns

The Social Democratic Party of India expresses deep concern over the Supreme Court’s ruling of 24 February 2026 in the Haldwani railway land matter, which departs from the Court’s compassionate position adopted in 2024. This shift threatens nearly fifty thousand residents, largely poor and long settled families in Banbhoolpura, and sets a troubling precedent for the rights of marginalised communities across the country. In July and September 2024, the Court had clearly stated that rehabilitation must precede eviction and observed that the affected people “are also human beings.” It had directed the Uttarakhand government, the Union government and the Railways to prepare a comprehensive rehabilitation plan, acknowledging the grave human cost of displacing families who have lived on the land for decades with schools, places of worship and community institutions firmly rooted there.

The latest order, delivered by the bench led by the Chief Justice of India and Justice Joymalya Bagchi, takes a markedly different view. The Court has now held that rehabilitation is “more of a privilege and less of a right” and that occupants of public land cannot dictate how the Railways should use its property. Although a camp has been directed after Ramzan to process applications under the Pradhan Mantri Awas Yojana, the Court has neither stayed the eviction nor ensured rehabilitation at or near the present location. Senior advocate Prashant Bhushan, appearing for the residents, has pointed out that only a limited number of families may qualify under the scheme’s eligibility norms. This reversal leaves thousands of families, including women, children and elderly persons, facing displacement without assured shelter and reduces long standing habitation to mere encroachment.

The Social Democratic Party of India urges the Uttarakhand government and the Union Ministry of Railways to conduct the housing scheme camp in an inclusive and transparent manner, ensuring every eligible family receives housing without delay and without distant relocation that would destroy livelihoods and community ties. We also call upon the Supreme Court to restore the sensitivity shown in 2024 and to ensure that development does not come at the cost of the weakest sections of society. Social justice cannot be reduced to a privilege granted at the convenience of the state; it must remain a fundamental right for every citizen.

M.K. Faizy
National President
Social Democratic Party of India