Summary: A court ruling demands the eviction of unauthorized structures on railway land in Malad, Mumbai. Residents have 60 days to leave or face forced removal.
Recently, the Bombay High Court dismissed a group of 25 legal requests, leading to an important order for the removal of unauthorized buildings. The court, led by Judges Ravindra V. Ghuge and Abhay J. Mantri, decided on February 26, 2026, that these buildings on railway land in Malad, Mumbai, must be emptied.
The case is about unauthorized buildings on Western Railway land. The Estate Officer sent out eviction notices on January 23, 2025, telling residents to leave within 15 days. These buildings, mostly in Malad (East), have been occupied since 1980.
"Petitioners do not dispute that the structures forming the subject matter of these Petitions are unauthorized structures."
Residents, represented by Lawyer Mr. Naphade, argued that they should be seen as Project Affected Persons (PAP) under the Mumbai Urban Transport Project (MUTP) rules. They mentioned a Government Resolution from December 12, 2000, hoping to qualify for help to move elsewhere.
The court found the buildings unauthorized and not included in any help-to-move programs. Despite the residents' arguments, the court decided that the eviction order was lawful. The judgment pointed out the lack of proof showing the residents could get benefits.
Residents have been given 60 days to leave. The court ordered the Western Railway to make sure the eviction process is smooth, with police help if needed. The authorities are to record details of the people living there for possible future help in moving.
"If the occupants fail to vacate... it will be open to the Respondent, i.e., Western Railways, to initiate appropriate action to dispossess them forcibly."
The court ruled that the unauthorized buildings must be cleared within 60 days. If the residents do not leave on their own, the Western Railway can take action to remove them by force. The court acknowledged the residents' long-term stay but stressed the importance of following the law. There is a possibility of future help for the residents under existing programs, but the immediate task is to clear the land for proper use.
