Summary: The Bombay High Court dismissed 25 requests against eviction notices for buildings not allowed on Western Railway land in Malad, Mumbai. The buildings were not allowed, and the people who lived there, including Asha Sonu Chauhan, were not eligible for relocation help.
On January 23, 2025, the Estate Officer and Divisional Engineer of Western Railway in Mumbai sent out eviction notices for several buildings that were not allowed in Malad (East), Mumbai. These notices told the people living there to leave within 15 days. The people living there, including Asha Sonu Chauhan, asked the court to stop these orders.
The people living there said they had been living in the area since 1980 and were relying on a Government Resolution from December 12, 2000, and a Supreme Court decision from December 16, 2021. They argued that they should be considered as Project Affected Persons (PAP) under the Mumbai Urban Transport Project (MUTP) and should get help to move to new homes.
"The Petitioners have been in occupation of the Writ Premises since 1980 and are, therefore, eligible for Rehabilitation and Resettlement (R&R) benefits."
Judges Ravindra V. Ghuge and Abhay J. Mantri found that the buildings were not allowed, and the people living there, including Asha Sonu Chauhan, could not prove they should get PAP benefits. The court noted that the buildings were not within 10 meters of the railway line and not part of any relocation plan.
The eviction was based on the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The court emphasized that the Act is a special law made to quickly remove people who are living in public places without permission.
"The statute is a special enactment designed to ensure expeditious removal of unauthorized occupants from such premises."
The court dismissed the requests, stating that the people living there, including Asha Sonu Chauhan, did not qualify for help under the Government Resolution or the PAP policy. However, the court told the Railways to help affected people find new places to live if they are eligible.
"The Petitioners shall vacate the Writ Premises within 60 days from the date of this order."
The court decided that the people living in the unauthorized buildings must leave, as they are not eligible for relocation help. However, the Railways should assist those who qualify in finding a new place to live.
