Mumbai: Bombay HC dismissed petitions against eviction by residents of unauthorised structures on Western Railway (WR) land at Chincholi Phatak in Malad East.At the same time, Justices Ravindra Ghuge and Abhay Mantri on Thursday said “it is pertinent to note that the fact remains” that the railway authorities do not dispute their occupancy, their identities and measurements of their structures. “Therefore, we have no hesitation in holding that the railways are equally responsible for the situation and for this reason are liable to provide some support to the persons likely to be affected by the removal of their structures”. They directed the petitioners to vacate within 60 days, failing which it will be open to WR “to initiate appropriate action to dispossess them forcibly” and to demolish or remove their structures with local police’s assistance.
The HC verdict was given on 25 petitions against the estate officer’s Jan 2025 order to vacate within 15 days. In Aug 2022, they were issued show-cause notices under Public Premises (Eviction of Unauthorised Occupants) Act. In May 2025, the city civil court dismissed their appeals. Their advocate, Aseem Naphade, argued that the estate officer failed to consider a Dec 2000 GR that would qualify them as project affected persons (PAPs) under phase I/II of Mumbai Urban Transport Project (MUTP) and in terms of Corporate Plan 2014-34 for rehabilitation. He said even if they are assumed to be squatters, they have existed since 1980 and are eligible for rehabilitation and resettlement (R&R) benefits. Mumbai Railway Vikas Corporation’s advocate said they are neither PAPs nor are their structures within 10m of the sixth railway line from Mumbai Central to Borivli. The judges noted that the petitioners failed to produce documents to demonstrate their structures are authorised, protected or affected by MUTP, or covered under railways’ scheme, or within 10m of the sixth line. On the contrary, in an undated representation, they stated they were located beyond 10m. The judges said it is “evident” that the structures are unauthorised and not covered by any scheme nor affected by any project. Therefore, the petitioners are “not entitled to get benefits” under the GR, they said. “Consequently, they are ineligible for PAP benefits under R&R policy.” HC said before commencement of eviction and removal of structures, the collector must ensure their personal details are recorded and preserved for considering their eligibility for suitable accommodation. If the state or the railways has a rehabilitation scheme, the petitioners may apply, it said. The authority concerned may provide them with suitable accommodation in lieu of rehabilitation, only if found eligible.
