Bombay High Court

Bombay HC: 25 Residents Ordered to Vacate Unapproved Railway Land in Malad

Updated
Feb 27, 2026 11:27 AM
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Summary: The Bombay High Court decided against 25 people living in unapproved buildings on railway land in Malad (East), Mumbai. The court told them to leave within 60 days, stressing that the buildings were not approved.

Background of the Case

The case involves 25 requests from people living in Malad (East), Mumbai, against the Indian government and the Western Railway Administration. The people, including Ramesh Surajbhan Lukkad, argued against the orders to leave the land given by the Estate Officer and Divisional Engineer of Western Railway.

Orders to Leave

On January 23, 2025, the Estate Officer gave orders for the removal of unapproved buildings on railway land. These orders were signed on January 24, 2025. The people were given 15 days to leave the area.

"The buildings are not approved and are on Western Railways land at Malad (East), Mumbai." - Court Document

Arguments from the People

The people said they had been living there since 1980 and mentioned a Government Resolution from December 12, 2000, which they thought gave them the right to be relocated. They also mentioned a Supreme Court decision from December 16, 2021, to support their case.

Court's Decision

The court, led by Justices Ravindra V. Ghuge and Abhay J. Mantri, rejected the requests, deciding that the buildings were not approved and the people were not eligible for relocation benefits.

"The people could not prove they deserved government benefits." - Justice Abhay J. Mantri

Directions and Implications

The court told the people to leave within 60 days, allowing the Western Railways to act if they did not follow the order. The court also told local authorities to make sure there was proper documentation of the people who were removed for possible future relocation.

Verdict Summary

The court stressed the need to follow legal rules and the importance of sticking to government policies regarding unapproved buildings. The decision shows the balance between personal claims and public property rights.

Tags:
Maharashtra Tenancy and Agricultural Lands Act
Eviction
Property Rights