Summary: The Bombay High Court has decided against 25 requests that tried to stop the removal of unapproved buildings on railway land in Malad (East), Mumbai. The court supported the removal notices given by the Western Railway Administration, stating that these buildings were not eligible for any relocation benefits under current rules.
Background of the Case
Who Filed the Requests?
The requests were made by people like Rakesh Kisan Chandaliya and others, who have been living in unapproved buildings on railway land in Malad (East), Mumbai. These buildings have been there since 1980.
Why the Removal Notices?
On January 23, 2025, the Estate Officer and Divisional Engineer of the Western Railway issued orders to remove these buildings. The residents were given 15 days to leave.
Arguments and Court's Decision
Claims by the Residents
- The residents, including Rakesh Kisan Chandaliya, argued that they should be considered as people affected by the Mumbai Urban Transport Project (MUTP) and therefore eligible for relocation.
- They mentioned a Government Resolution from December 12, 2000, and a Supreme Court decision to support their claim.
Court's Decision
- The court, led by Judges Ravindra V. Ghuge and Abhay J. Mantri, decided that the buildings were unapproved and not part of any relocation plan.
- Rakesh Kisan Chandaliya and the other residents couldn't prove they qualified for benefits under the Government Resolution or the criteria for affected persons.
Important Dates and Orders
- Show Cause Notices: Given on August 29, 2022.
- Removal Orders: Given on January 23, 2025, and signed on January 24, 2025.
- City Civil Court Appeal: Rejected on May 6, 2025.
- High Court Decision: Announced on February 26, 2026.
Next Steps for the Residents
Removal Timeline
- Rakesh Kisan Chandaliya and the other residents must leave the area within 60 days from the date of the court's order.
Possible Relocation Help
- The court mentioned that the Railways might consider offering help if any relocation plan is suitable.
- The authorities must record the identities of the people living there, including Rakesh Kisan Chandaliya, for any future relocation possibilities.
Verdict Summary
The court's decision confirms that the buildings must be removed because they are not approved and do not qualify for any relocation benefits under current rules.
