Summary: The Bombay High Court has rejected complaints against eviction from illegal buildings on railway land in Malad, Mumbai. The court supported the Western Railway's decision, giving people living there 60 days to leave.
On January 23, 2025, the Western Railway's Estate Officer in Mumbai told residents to leave illegal buildings in Malad. These buildings were considered illegal because they were on railway land. The residents, who said they had lived there since 1980, challenged this order.
The residents, represented by Lawyer Mr. Naphade, argued that they were "Project Affected Persons" (PAP) under the Mumbai Urban Transport Project (MUTP). They pointed to a Government Resolution from December 12, 2000, saying they should get help to move.
"The Estate Officer ignored government rules and guidelines," argued Mr. Naphade.
The court, with Judges Ravindra V. Ghuge and Abhay J. Mantri in charge, found no proof that the residents should get PAP benefits. The buildings were outside the 10-meter zone from the 6th Railway Line, which was an important rule for getting help.
"The residents didn't show they deserved benefits under the Government Resolution," the court noted.
The railway authorities had sent warning notices on August 29, 2022. Despite answers from the residents, the eviction orders were made final on January 24, 2025. The City Civil Court in Mumbai had earlier rejected an appeal against these orders.
The court told the residents to leave the area within 60 days. If they don't, the railway can make them leave with help from the police.
"The Police Chief shall ensure enough police are present during eviction," the court ordered.
The court mentioned that the railway might offer help with moving if a suitable plan exists, but it left this decision to the authorities.
"The court has not given any opinion on providing benefits under any plan," the judgment clarified.
This decision shows the complicated issues of land use in Mumbai and the problems faced by people living in illegal buildings. It highlights the struggle between city growth and the rights of residents, a common issue in fast-growing cities like Mumbai.
