Bombay High Court

Bombay HC: Illegal Buildings in Malad Must Be Evicted, Court Rules

Updated
Mar 2, 2026 3:28 PM
bombay-hc-illegal-buildings-in-malad-must-be-evicted-court-rules

Summary: The Bombay High Court dismissed requests to stop eviction orders for illegal buildings on railway land in Malad, Mumbai. The court agreed with the eviction notices given by the Western Railway, requiring people to leave within 60 days.

The Eviction Orders

On January 23, 2025, officials from Western Railway in Mumbai Central issued eviction notices. These notices were for illegal buildings on railway land in Malad, Mumbai. The people living there were given 15 days to leave.

Residents' Response

The people living there, including Vikas Prabhat Gayachand and others, said they had been living there since 1980. They argued that they should be treated as people affected by the Mumbai Urban Transport Project (MUTP) and should get help to move to a new place.

"The residents have been living there since 1980," said their lawyer, Mr. Naphade.

Legal Proceedings

The residents first went to the City Civil Court in Mumbai, but their request was turned down on May 6, 2025. They then took their case to the Bombay High Court.

Court's Decision

The High Court, with Judges Ravindra V. Ghuge and Abhay J. Mantri, made a decision on February 26, 2026. They turned down the requests, saying the buildings were illegal, and the eviction process followed the rules under the Public Premises Act of 1971.

"The buildings are not part of any plan or affected by any project," the court noted.

Final Orders

The court ordered the people to leave within 60 days and allowed the Western Railway to get help from the police for the eviction if needed. The court also said that if there were any programs to help people move, those affected could apply for them.

"The Railways are also responsible for the situation and should help with relocation," the court added.

The court's decision highlights the need to follow rules about illegal use of public land, while also recognizing the need to help people who are affected by these actions.

Tags:
Eviction
Public Premises Act
Land Dispute