Bombay High Court

Bombay HC: Residents Must Vacate Unauthorized Structures on Railway Land

Updated
Feb 27, 2026 3:21 PM
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Summary: On February 26, 2026, the Bombay High Court ordered 25 people, led by Sanjana Sanjay Chandaliya, to leave buildings they had set up without permission on Western Railway land in Malad, Mumbai. The court rejected their requests for help in finding new homes, pointing out that their stay there was not allowed by law.

Background of the Case

In a series of complaints, residents of Malad, Mumbai, led by Sanjana Sanjay Chandaliya, opposed an order from the Western Railway's Estate Officer. This order, dated January 23, 2025, required the removal of unapproved buildings on railway land. The residents argued they had been living there since 1980 and wanted protection under government rules.

Legal Proceedings

  • Initial Order: The Estate Officer sent a notice on August 29, 2022, telling Sanjana Sanjay Chandaliya and the others to leave within 15 days. The residents replied on October 13, 2023, but their appeal was turned down by the City Civil Court on May 6, 2025.

  • Court’s Decision: Judges Ravindra V. Ghuge and Abhay J. Mantri decided against Sanjana Sanjay Chandaliya and the others, stating that the buildings were not approved. The court noted that the residents did not show they were eligible for help under the Mumbai Urban Transport Project (MUTP).

Key Arguments

  • Petitioners’ Claim: Sanjana Sanjay Chandaliya and her group argued that they should get help moving as people affected by the project based on a government decision from December 12, 2000, and a Supreme Court decision from December 16, 2021.

  • Railways’ Defense: The Railways argued that the buildings were not within 10 meters of the railway line and did not qualify for any help program. The court agreed, finding no proof to support Sanjana Sanjay Chandaliya and the others' claims.

Court’s Directions

  1. Eviction Timeline: Sanjana Sanjay Chandaliya and the others must leave the area within 60 days.

  2. Police Assistance: Local police will help with the eviction if the area is not vacated voluntarily.

  3. Documentation: The Collector must record the identities of the people living there for possible future help.

  4. Rehabilitation Possibility: If eligible, Sanjana Sanjay Chandaliya and the others may apply for help under any current government program.

Verdict Summary

The court rejected all the complaints, stressing the importance of following the law and the Railways' duty to manage unapproved occupations. The decision underlines the need to follow legal rules and also considers the possibility of helping those affected.

Tags:
Eviction
Rehabilitation and Resettlement
Public Premises Act