Summary: In a big win for residents of Rakhmabai Mhatre Chawl in Mulund, Mumbai, the High Court has canceled eviction notices issued by the BMC. The court found the notices unclear and not backed by evidence, allowing residents to stay in their homes.
In this case, six residents of Rakhmabai Mhatre Chawl in Mulund, Mumbai, challenged eviction notices from the BMC. These notices were given under the Maharashtra Regional and Town Planning Act on March 15, 2025, claiming illegal construction.
The court, led by Judge Milind N. Jadhav, reserved its judgment on December 15, 2025, and announced the decision on January 5, 2026. The residents had replied to the notices on March 27, 2025, but their responses were ignored.
"Without listening to the residents, the decision was made by the appointed officer," said Judge Jadhav.
The residents provided strong evidence, including ration cards, property tax bills, and electricity bills dating back to the 1980s, proving they had lived there for a long time. The chawl has been around since 1959.
The court noted that the action seemed motivated by the new landlord's interest in redeveloping the property. The chawl's tenants were acknowledged in a 2013 property sale agreement.
The court found the BMC's notices unclear and lacking specific claims of illegal construction. It emphasized the residents' rights and the need for fair treatment.
"The notice is as unclear as it can be and completely insufficient based on the records," stated the judgment.
The court ordered that no forceful action be taken against the residents until the case proceedings are concluded. This decision protects the residents from eviction and allows them to continue their lives without fear of losing their homes.
This judgment highlights the importance of following proper legal procedures and protecting residents' rights against unfair actions.
