Bombay HC: Unauthorized Buildings on Railway Land in Malad to Be Removed

Summary: A recent decision by the Bombay High Court has ordered the removal of unauthorized buildings on Western Railway land in Malad, Mumbai. The court rejected requests against the removal and stressed the need to follow the law.

The Case Overview

In a big decision, the Bombay High Court looked at 25 requests about unauthorized buildings on railway land in Malad, Mumbai. The decision, made by Judges Ravindra V. Ghuge and Abhay J. Mantri on February 26, 2026, rejected the requests and supported the removal orders given by the Estate Officer and Divisional Engineer of Western Railway.

Background of the Case

The issue started when the Estate Officer gave removal orders on January 23, 2025, telling people to leave the unauthorized buildings within 15 days. These buildings were on railway land and had been lived in since 1980, according to the people making the requests. They were given notices on August 29, 2022, under the law that deals with removing people from public land.

Petitioners' Arguments

The people making the requests, represented by Lawyer Mr. Aseem Naphade, argued that they should get help to move and resettle based on a Government Resolution from December 12, 2000. They claimed they were affected by the Mumbai Urban Transport Project (MUTP), which should let them get help to move.

"The Estate Officer didn’t consider the Government policies and guidelines," argued Mr. Naphade.

Court's Findings

The court found that the buildings were indeed unauthorized and not part of any moving help plan. It noted that the people making the requests couldn’t prove they deserved help and that the buildings were not close enough to the 6th Railway Line to qualify for certain benefits.

Key Points from the Judgment

• The court stressed that the removal process followed the correct legal steps as per the Public Premises Act.
• It rejected the reliance on a Supreme Court decision, noting the different circumstances of the current case.
• The court told the people making the requests to leave the area within 60 days, or the Railways could remove them by force.

Final Directions

The court gave specific instructions for the removal process, including help from the police and keeping records of the affected people. It allowed the people making the requests to apply for any existing moving help plans if they qualify.

"The Railways are also responsible for the situation and must provide support to those affected," the decision stated.

This decision highlights the court's focus on following the law while understanding the challenges of city development and unauthorized buildings.