Bombay High Court

Mumbai Court: Illegal Buildings on Railway Land Must Be Cleared Without Relocation Aid

Updated
Mar 1, 2026 3:06 PM
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Summary: A court in Mumbai has decided that several illegal buildings on railway land must be cleared out. The people living there since 1980 won't get any help to move somewhere else.

Background of the Case

On January 23, 2025, officials from Western Railway in Mumbai ordered the removal of illegal buildings on railway land in Malad (East), Mumbai. These buildings have been occupied since 1980 but are considered illegal.

Notices Issued

On August 29, 2022, notices were sent to the people living there under a law about removing illegal occupants. The notices told them to take down the buildings.

"The buildings are illegal and must be emptied within 15 days," said the officer in charge.

Appeals and Arguments

The people living there, represented by their lawyer Mr. Naphade, argued that they should be treated as people affected by a transport project in Mumbai and should get help to find new homes.

They mentioned a government decision from December 12, 2000, and a Supreme Court ruling to support their argument.

Court's Decision

The court, with Judges Ravindra V. Ghuge and Abhay J. Mantri, rejected the residents' requests on February 26, 2026. They decided that the residents didn't qualify for help because their buildings weren't close enough to the railway line and weren't part of any official plan to help them move.

"The people asking for help don't qualify under the Government Resolution," the judgment said.

Instructions for Removal

The court gave clear instructions for removing the buildings:

  • Residents must leave within 60 days.
  • If they don't, the Western Railways can tear down the buildings with help from the police.
  • The police must make sure everyone stays safe during the demolition.

Future Considerations

The court recognized that people had been living there for a long time but stressed the importance of following the law. The Railways were advised to think about any available plans to help eligible residents.

"The Railways also have a duty to help the people affected," the judgment noted.

This case shows the ongoing problems of illegal squatting on public land and the difficulties in dealing with eviction and helping people find new homes.

Tags:
Eviction
Land Dispute
Rehabilitation and Resettlement