In a recent decision, the Bombay High Court looked at a group of complaints about illegal buildings on railway land in Malad (East), Mumbai. The court rejected the complaints and ordered that the structures be removed within 60 days.
On January 23, 2025, the Estate Officer and Divisional Engineer of Western Railway ordered the removal of illegal buildings on railway land. These buildings, located in Malad (East), were lived in by people who said they had been there since 1980. Sandeep Kisan Bagdi, the person who brought the case, challenged these orders.
Sandeep Kisan Bagdi, represented by Lawyer Mr. Naphade, argued that he deserved help to move and settle in a new place based on a 2000 Government Resolution. He said that living there for a long time made him eligible for help as someone affected by a project.
"The Estate Officer ignored the Government's rules and guidelines," argued Mr. Naphade.
The Railways argued that the buildings were illegal and not eligible for help to move and settle. They followed the correct procedure under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, by sending notices and giving time for people to leave.
The court, led by Judges Ravindra V. Ghuge and Abhay J. Mantri, agreed with the eviction orders. The judges noted that Sandeep Kisan Bagdi did not prove he was eligible for help to move and settle, and his buildings were too close to the railway line.
"The petitioner is not entitled to any relief under the Government Resolution," stated the judges.
The court told Sandeep Kisan Bagdi to leave within 60 days. If he doesn't, the Railways can remove the buildings with help from the police. The court also asked the Collector to record the details of the people living there for possible future help.
The court decided that the unauthorized buildings must be removed within 60 days, and the people living there are not eligible for government help to move and settle. However, their details will be recorded for any future assistance they might qualify for.
