Summary: The Bombay High Court has turned down requests to stop eviction orders for illegal structures on railway land in Malad, Mumbai. The court agreed with the eviction notices sent by the Western Railway, pointing out that the people living there, including Pooja Suresh Kagda, did not qualify for relocation help under government rules.
In an important decision on February 26, 2026, the Bombay High Court looked at 25 requests from people living in unauthorized structures on railway land in Malad, Mumbai. These structures were considered illegal by the Western Railway, which sent out eviction notices on January 23, 2025.
The eviction notices were sent out under a law for removing people from public property. The residents, including Pooja Suresh Kagda and others, were given 15 days to leave. They replied to the notices, referring to a Government Resolution from December 12, 2000, and a Supreme Court decision, hoping to qualify for relocation help.
"The residents, including Pooja Suresh Kagda, replied to the notices on 13th October 2023."
The court, led by Justices Ravindra V. Ghuge and Abhay J. Mantri, decided that the structures were indeed illegal and not eligible for relocation help under the mentioned rules. The court noted that the residents did not prove they were eligible for help as Project Affected Persons (PAP) under the Mumbai Urban Transport Project.
"It is clear that the structures on Railway land are illegal."
The people asking for help, including Pooja Suresh Kagda, argued that they had been living on the land since 1980, which they believed should qualify them for relocation help. However, the court found no legal support for this claim. The railway authorities had followed the correct process by sending notices and giving the residents a chance to explain their side.
"The residents, including Pooja Suresh Kagda, are not entitled to any help under the said Government Resolution."
The court rejected the requests, allowing the Western Railway to continue with the evictions. However, it ordered that the residents be given 60 days to leave and suggested that the authorities consider any available relocation programs.
"The residents, including Pooja Suresh Kagda, must leave the premises within 60 days from the date of this order."
The court's decision allows the Western Railway to remove the illegal structures but gives the residents 60 days to vacate. The court also suggested that authorities consider any applicable relocation programs for the residents.
