Summary: On February 26, 2026, the Bombay High Court dismissed requests to stop an eviction order for unauthorized buildings in Malad, Mumbai. The court stressed the importance of the eviction but gave the residents a 60-day period to leave.
On January 23, 2025, officials from Western Railway in Mumbai ordered the removal of unauthorized buildings in Malad (East). These buildings were considered illegal, and the people living there were given 15 days to move out.
On August 29, 2022, Western Railway sent out notices asking the people living in unauthorized buildings on railway land to explain why they should not be removed.
The people challenging the eviction, represented by Lawyer Mr. Aseem Naphade, argued they should receive help to find new homes. They referred to a government decision from December 12, 2000, and a Supreme Court decision from December 16, 2021, to support their case.
"The Petitioners qualify as Project Affected Persons under the Mumbai Urban Transport Project," argued Mr. Naphade.
The judges, Ravindra V. Ghuge and Abhay J. Mantri, decided that the buildings were illegal and not included in any relocation plan. The court rejected the requests, stating that the petitioners did not prove they deserved help to move.
The court allowed a 60-day period for the residents to leave on their own. If they don't move out, Western Railway can carry out the eviction, with help from the police if needed.
"The Railways are equally responsible and liable to provide some support to the affected persons," noted the court.
The court's decision highlights the need to follow the rules about land use and the difficulties faced by people living in unauthorized buildings. The Railways must treat everyone fairly while enforcing the law.
