Bombay High Court

Bombay HC: Unauthorized Malad Residents Ordered to Vacate Railway Land

Updated
Mar 1, 2026 7:12 PM
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Summary: The Bombay High Court has rejected the requests to stop eviction orders for buildings that were not allowed on railway land in Malad, Mumbai. The court decided that the people living there must leave within 60 days.

Background of the Case

In this situation, 25 requests were made against the Western Railway Administration by people living in buildings that were not allowed in Malad, Mumbai. These buildings were on railway land, and the people living there got notices to leave from the Estate Officer and a senior railway engineer on January 23, 2025.

The Eviction Notices

The notices to leave were sent on August 29, 2022, based on a law from 1971 that deals with people living in places they shouldn't be. The notices told the people to leave within 15 days because their buildings were not allowed. The people argued that they had been living there since 1980 and mentioned a government decision from December 12, 2000, that they believed gave them rights to be relocated.

"The people who filed the requests couldn't show any papers to prove that their buildings were legal or protected."

Court's Decision

The court, led by Judges Ravindra V. Ghuge and Abhay J. Mantri, looked over the situation and decided on February 26, 2026, that the orders to leave were correct. The judges pointed out that the buildings were not allowed and not included in any relocation plans.

"The people who filed the requests do not qualify for benefits under the Government Resolution dated December 12, 2000."

Directions from the Court

The court told the people to leave the buildings within 60 days. If they don't, the Western Railways can remove them with help from the police. The court also told the local government official to keep track of the people living there in case they can be relocated later.

"The people must leave the premises within 60 days from the date of this order."

Summary of the Verdict

The court's decision makes it clear that while the buildings were not allowed, the Railways should try to help the people who have to leave. But any help would depend on whether they qualify under current plans.

Tags:
Eviction
Land Dispute
Property Rights