Bombay High Court

Bombay HC: Unauthorized Railway Land Occupants Ordered to Vacate

Updated
Feb 27, 2026 3:21 PM
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Summary: A court in Mumbai has ordered the removal of buildings that were put up without permission on railway land. The people living there since 1980 asked for help to move to new homes. However, the court rejected their request and told them they have to leave within 60 days.

Background of the Case

On February 26, 2026, the High Court in Bombay made a decision on 25 cases about buildings put up without permission on railway land in Malad (East), Mumbai. People living there, including Savitri Indarsingh Lukkad, were against an order from January 23, 2025, by the Western Railway's Estate Officer that told them to leave.

The Eviction Order

The order told Savitri Indarsingh Lukkad and the others to leave their homes within 15 days. The court said the buildings were not allowed, and the land belonged to Western Railways. The people have lived there since 1980.

"The buildings are not allowed, and the land belongs to Western Railways," said the court.

Petitioners' Arguments

The people living there argued they should get help to move under a government rule from December 12, 2000. They mentioned a Supreme Court decision from December 16, 2021, to back up their argument. Their lawyer, Mr. Aseem Naphade, said the order to leave ignored these rules.

Court's Decision

The court, led by Judges Ravindra V. Ghuge and Abhay J. Mantri, decided that the people living there, including Savitri Indarsingh Lukkad, did not show they deserved help to move. The court said:

"The people living there did not show they deserve benefits under the Government Resolution."

The court rejected their cases, saying the buildings were not allowed. It told the people to leave within 60 days and said the railways could ask the police for help to make them leave if needed.

Final Directions

The court gave clear instructions for making sure the people leave:

  • Savitri Indarsingh Lukkad and the others have to leave within 60 days.
  • If they don't, the railways can take down the buildings with police help.
  • The police need to make sure everyone is safe during the process.
  • The Collector must write down who lives there in case they might help them move later.

The court finished by saying it did not decide if the people should get any benefits and left that decision to the authorities.

Tags:
Eviction
Public Premises Act
Tenant Rights