Bombay High Court

Bombay HC: Illegal Buildings on Railway Land in Malad Must Be Removed

Updated
Mar 2, 2026 7:33 PM
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Summary: On February 26, 2026, the Bombay High Court dismissed 25 requests challenging removal orders for illegal buildings on railway land in Malad, Mumbai. The court supported the Western Railway's actions, stressing the need for legal use of the land.

The Case Begins

On January 23, 2025, the Western Railway's Estate Officer in Mumbai issued removal orders for several illegal buildings in Malad. These buildings were considered illegal because they took up railway land without proper permission. The people living there, claiming to have been there since 1980, asked the courts for help.

Legal Battle and Arguments

The group led by Sanjog Kisan Pathrod argued that they should get benefits based on a Government Resolution from December 12, 2000. They mentioned a Supreme Court decision, hoping to be recognized as Project Affected Persons (PAPs) under the Mumbai Urban Transport Project. However, the court found no proof to support their claims.

"The buildings are illegal and not part of any plan," the court noted.

Court's Decision

The court, led by Judges Ravindra V. Ghuge and Abhay J. Mantri, rejected the requests. It decided that the removal process followed by the Western Railway was legal and that the group didn't prove they deserved to be moved to new homes with benefits.

Eviction and Next Steps

The court ordered Sanjog Kisan Pathrod and the others to leave the area within 60 days. It also told the local police to help with the removal if needed. The court suggested that the group could apply for any available programs to help them if they qualify.

"Railways must quickly deal with illegal occupants," the judgment stressed.

Summary of the Verdict

The court ruled that the buildings were illegal and that the railway's actions to remove the occupants were justified. The residents were given 60 days to leave, and the court emphasized the importance of using land legally.

Tags:
Eviction
Land Dispute
Property Rights