Summary: A recent court decision requires the removal of unauthorized buildings in Malad, Mumbai. The court decided against the requests to stop the eviction orders, stressing the importance of following public property laws.
In a group of 25 legal complaints, people living in Malad, Mumbai, argued against eviction notices given by the Western Railway Administration. These notices, dated January 23, 2025, told the residents to leave the unauthorized buildings on railway land within 15 days.
The eviction notices were given by the Estate Officer and Divisional Engineer (East/North) of Western Railway. The buildings in question were considered unauthorized, and the residents were informed on August 29, 2022, to leave.
"The buildings involved in these complaints are unauthorized." - Judge Abhay J. Mantri
The residents, represented by Lawyer Mr. Naphade, argued that they should be recognized as Project Affected Persons (PAP) under the Mumbai Urban Transport Project (MUTP). They referred to a Government Resolution from December 12, 2000, and a Supreme Court decision to support their argument.
The court, led by Judges Ravindra V. Ghuge and Abhay J. Mantri, rejected the complaints. They found that the residents did not prove they qualified for relocation under the mentioned policies.
"The residents are not entitled to any help under the said Government Resolution." - Court Decision
Leave Within 60 Days: Residents must leave the area within 60 days from the date of the order.
Police Help: Police will help with eviction if residents do not follow the order.
Record Keeping: The Collector must record the identities of affected residents for possible future relocation.
Relocation Options: If eligible, residents may apply for relocation under any current programs.
The court highlighted that while the buildings are unauthorized, the Railways must help the affected people during the eviction process. This decision shows the ongoing challenges of balancing infrastructure development with the rights of long-standing residents.
