Bombay HC: Unauthorized Malad Residents Ordered to Vacate Railway Land

Summary: The Bombay High Court decided against 25 people living in Malad, Mumbai, who were told to leave their homes by the Western Railway Administration. The court agreed with the orders to leave, saying the homes were built without permission.

Background of the Case

On February 26, 2026, the Bombay High Court dealt with 25 connected cases involving people from Malad (East), Mumbai. These people, including Rani Ramsingh Chauhan, challenged the orders to leave given by the Western Railway Administration on January 23, 2025.

The Eviction Order

The orders to leave were signed on January 24, 2025, by the Estate Officer and Divisional Engineer of the Western Railway. They told Rani Ramsingh Chauhan and the others to leave their homes within 15 days, saying they were living on railway land without permission.

"The homes involved in these cases are not authorized," noted the court.

Residents' Argument

Rani Ramsingh Chauhan and the others argued that they had been living there since 1980 and relied on a Government Resolution from December 12, 2000, which they believed gave them the right to resettlement benefits. They also mentioned a Supreme Court decision to support their case.

Court's Response

The court, led by Justices Ravindra V. Ghuge and Abhay J. Mantri, found that Rani Ramsingh Chauhan and the residents did not qualify as Project Affected Persons under the Mumbai Urban Transport Project (MUTP) rules. The court emphasized that the eviction process followed the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

Key Points from the Judgment

• The court noted that Rani Ramsingh Chauhan and the others could not prove they were eligible for resettlement benefits under the 2000 Government Resolution.
• The notices to leave were issued according to the law, and the residents were given enough time to respond.
• The court rejected the requests, stating that Rani Ramsingh Chauhan and the residents did not show they were entitled to any benefits.

Directions Given by the Court

The court ordered Rani Ramsingh Chauhan and the residents to leave within 60 days and allowed the Western Railways to remove the unauthorized homes if needed. It also instructed the local authorities to record the identities of the affected people for possible future help.

"The Railways are also responsible for the situation and should provide some support to the people likely to be affected by the removal of their homes," the court stated.

The ruling highlights the court's position on living without permission on public land, stressing the importance of following legal rules and policies.