[Cites 11, Cited by 0]
Bombay High Court
Azadsingh Balwantsingh Bidlan vs The Union Of India, Acting Through The ... on 26 February, 2026
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2026:BHC-OS:5286
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.4938 OF 2026
Rajo Ransingh Tak
Aged about - 63 Yrs, Occu : Homemaker,
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), K Bhangi Chawl, Chicholi Gate Road,
Dhobi Ghat, Malad (East), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
Kartikeya 1 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4952 OF 2026
Sunita Mukesh Ghaichand
Aged about 47 years, Occu.: Homemaker
Residing at : (KM 28/04 TO 258/06 GMN
to MDD (E), Sheksariya Chawl, Dhobi Ghat,
Behind Visava Bldg., Govind Nagar,
Malad (East), Mumbai-400 097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
Kartikeya 2 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4957 OF 2026
Rakesh Kisan Chandaliya
Aged about 40 years, Occu.: Service
Residing at : (Km 28/04 to 28/06 GMN)
to MDD (E), Khandedubhai Ki Chawl, Dhobi Ghat,
Govind Nagar, Chincholi Phatak,
Malad(E), Mumbai-400 097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Kartikeya 3 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4959 OF 2026
Imran Rahim Jiva Parmar
Aged about 40 years, Occ. : Service
Residing at : (KM 28/04 TO 28/06 GMN
to MDD (E), Bhangar Chawl, Dhobi Ghat
Haji Bapu Road, Govind Nagar,
Near Chincholi,
Malad(E), Mumbai-400 097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
Kartikeya 4 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4961 OF 2026
Ramesh Surajbhan Lukkad
Aged about 55 years, Occu.: Homemaker
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E) Khadedubhai Ki Chawl,
Haji Bapu Road,
Dhobi Ghat, Chincholi Phatak,
Malad(E), Mumbai-400 097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Kartikeya 5 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4965 OF 2026
Murgeshan Shankaran Pille
Aged about 56 years, Occu.: Service,
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Munir Bhangar Chawl,
Haji Bapu Road,
Chincholi Phatak,
Malad(E), Mumbai-400097. ....Petitioner
Kartikeya 6 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051 ....Respondents
WITH
WRIT PETITION (L) NO.4966 OF 2026
Deepak Kisan Bagdi
Aged about 40 years, Occ.: Service
Residing at : (Km 28/04 to 28/06
Kartikeya 7 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
GMN to MDD (E), Zillu Dhobi Chawl,
Haji Bapu Road,
Near Valmiki Mandir, Dhobi Ghat,
Chincholi Phatak,
Malad (E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
Kartikeya 8 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
WITH
WRIT PETITION (L) NO.4967 OF 2026
Savitri Indarsingh Lukkad
Aged about 58 years, Occu. Homemaker
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Khadedudhai Ki Chawl,
Haji Bapu Road, Dhobi Ghat,
Chincholi Phatak,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
Kartikeya 9 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4971 OF 2026
Gopal Omprakash Gaychand,
Aged about 55 years, Occu.: Service
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Sakeseriya Seth Chawl,
Haji Bapu Road, Chincholi Phatak,
Govind Nagar,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Kartikeya 10 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:15 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4973 OF 2026
Sheikh Razanb Khatal
Aged about 48 years, Occ.: Homemaker,
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Room No.8, Sheksariya Chawl,
Chincholi Phatak, Malad(E), Mumbai-97. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Kartikeya 11 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4976 OF 2026
Azadsingh Balwantsingh Bidlan
Aged about 69 years, Occ. Retired
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Munir Bhangar Chawl,
Haji Bapu Road, Near Visava Bldg.,
Chincholi Phatak,
Malad(E), Mumbai-400097. ....Petitioner.
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Kartikeya 12 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4979 OF 2026
Jyotsna Manilal Makwana,
Aged about 33 years. Occ.: Homemaker,
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), K Bhaiya Chawl, Haji Bapu Road,
Near Dhobi Ghat, Chincholi Phatak,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Kartikeya 13 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4981 OF 2026
Rani Ramsingh Chauhan
Aged about 38 years, Occu.: Homemaker,
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Khadedu Ghasletwala Chawl,
Haji Bapu Road, Dhobi Ghat,
Chincholi Phatak, Near BMC School,
Govind Nagar,
Malad(E), Mumbai-400097. ....Petitioner
Versus
Kartikeya 14 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4985 OF 2026
Dinesh Hiralal Waghela
Aged about 51 years, Occu.: Service
Residing at : (Km: 28/04 to 28/06
Kartikeya 15 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
GMN to MDD (E), Room No.107,
Munir Seth Chawl,
Haji Bapu Road, Near Chincholi Phatak,
Dhobi Ghat, Malad(E), Mumbai-97. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
Kartikeya 16 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
WRIT PETITION (L) NO.4991 OF 2026
Aasha Kisan Gusar
Aged about 45 year, Occ.: Homemaker
Residing at: (Km 28/04 to 28/06 GMN
to MDD (E), Govind Nagar, Sakeseriya Chawl,
Chincholi Phatak, Haji Bapu Road,
Near Visava Building,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Kartikeya 17 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4995 OF 2026
Asha Sonu Chauhan
Aged about 48 years, Occ.: Homemaker,
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Khadedu Ghasletwala Chawl,
Haji Bapu Road, Dhobi Ghat,
Chincholi Phatak, Govind Nagar,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Kartikeya 18 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4996 OF 2026
Sanjana Sanjay Chandaliya
Aged about 27 years, Occu.: Homemaker
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Zillu Dhobhi Chawl,
Dhobi Ghat, Haji Bapu Road,
Near Railway Track,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Kartikeya 19 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.4999 OF 2026
Prabhat Harichand Gechand
Aged about 67 years, Occu: Retired
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Sakseriya Chawl,
Haji Bapu Road,
Govind Nagar, Chincholi Phatak,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Kartikeya 20 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.5006 OF 2026
Pooja Suresh Kagda
Aged about 28 years, Occ.: Homemaker
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Kadedu Ghasletwala Chawl,
Haji Bapu Road, Govind Nagar,
Chincholi Phatak,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
Kartikeya 21 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.5010 OF 2026
Vikas Prabhat Gayachand
Aged about 32 years, Occ.: Service
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Sakseriya Chawl,
Haji Bapu Road,
Govind Nagar, Chincholi Phatak,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
Kartikeya 22 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.5011 OF 2026
Sandeep Kisan Bagdi
Aged about 42 years, Occ.: Service
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Zillu Dhobhi Chawl, Dhobi Ghat,
Haji Bapu Road, Near Valmiki Mandir,
Malad(E), Mumbai-400097. ....Petitioner
Versus
Kartikeya 23 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.5014 OF 2026
Rajkumar Rattn Chandaliya
Aged about 59 years, Occ.: Retired
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Dhobhi Chawl, Dhobhi Ghat,
Haji Bapu Road, Chincholi Phatak,
Kartikeya 24 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.5015 OF 2026
Sanjog Kisan Pathrod,
Aged about 37 years, Occ.: Homemaker
Kartikeya 25 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), Sakeseriya Seth Chawl,
Dhobi Ghat, Chincholi Phatak,
Govind Nagar,
Malad(E), Mumbai-400097. ....Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
Kartikeya 26 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
WITH
WRIT PETITION (L) NO.5019 OF 2026
Ravi Balwan Gaichand
Aged about 34 years, Occ.: Service
Residing at: (Km 28/04 to 28/06 GMN
to MDD (E), Khadedubhai Ki Chawl,
Haji Bapu Road,
Dhobhi Ghat, Near Public Bridge,
Malad(E), Mumbai-400097. ....Petitioner.
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
Kartikeya 27 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
WITH
WRIT PETITION (L) NO.5022 OF 2026
Manilal Amtha Makwana
Aged about 56 years, Occ.: Service
Residing at : (Km 28/04 to 28/06 GMN
to MDD (E), K Bhaiya Chawl,
Haji Bapu Road,
Near Dhobhi Ghat, Chicholi Phatak,
Malad (E), Mumbai- 400097. ...Petitioner
Versus
1. The Union of India acting through
the Western Railway Administration,
Sr. Section Engineer (Works) BVI
2. Government of Maharashtra,
through its Principal Secretary,
Mantralaya, Mumbai,
through the Government Pleader.
3. Mumbai Railway Vikas Corporation
Limited (MRVC),
Churchgate Station Building, 2nd Floor,
Churchgate, Mumbai-400 020.
4. The Commissioner,
Mumbai Metropolitan Region,
Kartikeya 28 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Development Authority (MMRDA)
E-Block, Bandra Kurla Complex,
Bandra-East, Mumbai-400 051.
5. The Collector, Mumbai Suburban District,
10th Floor, New Administration Building,
Near Chetna College, Government Colony,
Bandra (E), Mumbai 400051. ....Respondents
----
Mr. Aseem Naphade i/b. Mr. Ravi Kumar Mishra, Mr. Deepak
Dhopat, Mr. Maneesh Mishra, and Mr. Ayaz Ansari, Advocate for
the Petitioners.
Ms. Leena Patil, Advocate for Respondent No.1.
Mr. Shamrao Gore, AGP for Respondent No.2 in WPL/4938/2026.
Mr. Akshay Patkar, AGP for Respondent No. 2 in WPL/4952/2026.
Mrs. Gaurangi Patil, AGP for Respondent No.2 in WPL/4957/2026.
Mr. Dipesh Siroya, AGP for Respondent No.2 in WPL/4959/2026.
Mrs. Varsha Sawant, AGP for Respondent No.2 in WPL/4961/2026.
Mr. Prashant Kamble, AGP for Respondent No.2 in
WPL/4965/2026.
Mr. Suraj Gupte, AGP for Respondent No.2 in WPL/4966/2026.
Mr. Rakesh Pathak, AGP for Respondent No.2 in WPL/4967/2026.
Mr. Vikrant Parshurami, AGP for Respondent No.2
WPL/4971/2026.
Mrs. Madhura Deshumukh, AGP for Respondent No.2
WPL/4973/2026.
Mrs. Poonam Mittal, AGP for Respondent No.2 in WPL/4976/2026.
Mrs. Vrushali Kabre, AGP for Respondent No.2 in WPL/4979/2026.
Mrs. Manisha Gawde, AGP for Respondent No.2 in
WPL/4981/2026.
Mr. Himanshu Takke, AGP for Respondent No.2 in
Kartikeya 29 of 54
::: Uploaded on - 26/02/2026 ::: Downloaded on - 26/02/2026 21:23:16 :::
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
WPL/4985/2026.
Mrs. Fatima Lakdawala, AGP for Respondent No.2 in
WPL/4991/2026.
Mrs. Nazia Sheikh, AGP for Respondent No. 2 in WPL/4995/2026.
Mrs. Lavina Kriplani, AGP for Respondent No.2 in
WPL/4996/2026.
Mrs. Anupamaa Pawar, AGP for Respondent No.2 in
WPL/4999/2026.
Mr. Amar Mishra, AGP for Respondent No.2 in WPL/5006/2026.
Mrs. Rita Joshi, AGP for Respondent No.2 in WPL/5010/2026.
Mr. Nishigandh Patil, AGP for Respondent No.2 in
WPL/5011/2026.
Mrs. Gauri Sawant, AGP for Respondent No.2 in WPL/5014/2026.
Mrs. Usha Rahi, AGP for Respondent No.2 in WPL/5015/2026.
Mrs. Sheetal Malvankar, AGP for Respondent No.2 in
WPL/5019/2026.
Mr. Manish Upadhye, AGP for Respondent No.2 in
WPL/5022/2026.
Mr. Akshay Shinde, Advocate for Respondent No.4.
----
CORAM : RAVINDRA V. GHUGE
AND
ABHAY J. MANTRI, JJ.
RESERVED ON : 17th FEBRUARY, 2026
PRONOUNCED ON : 26th FEBRUARY, 2026
Judgment :- (Per :- Abhay J. Mantri, J.) :-
1. This batch of 25 Writ Petitions involves identical issues
and is, therefore, being disposed off by this common judgment.
Kartikeya 30 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
2. Heard. Rule. Rule made returnable forthwith and heard
finally by the consent of the respective parties.
3. In all these Petitions, the Petitioners challenge the order
dated 23rd January 2025 (signed on 24th January 2025), passed by
the Estate Officer and Divisional Engineer (East/North), Western
Railway, Mumbai Central, (for short, 'the Estate Officer') directing
them to vacate the respective 'writ premises' described in Columns
4 to 6 in the table mentioned below, within a period of 15 days from
the date of the said order.
4. For the sake of clarity, as per the claims made by the
Petitioners in their pleadings, the details of the particulars of the
Petitioners, including the area occupied, location of the premises,
nature of the structures, date of issuance of notices, date of passing
of the impugned orders, and the period since when the structures are
claimed to be in occupation, have been set out in a tabular format,
based on contentions in these petitions, are reproduced hereunder:-
Kartikeya 31 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
1 2 3 4 5 6 7 8 9
Sr. Writ Name of the Area Occupied Location Nature Date Date Since
No. Petition Petitioner of of of when
(Lodging) Structur Issuan Passin have
Number e ce of g of they
Notice Order claim
ed to
be in
occup
ation
of the
struct
ure
1 WP(L)/ Rajo Ransingh 2.70m X 4.70m K Bhangi unauthori 29.08. 23.01. Since
4938/2026 Tak = 12.69 sqm. Chawl, sed 2022 2025 1980
Chincholi Gate
Road, Dhobhi
Ghat, Malad
(East), Mumbai
2 WP(L)/ Sunita Mukesh 3.25 m X 2.80 Zillu Dhobhi Unauthori 29.08. 23.01. Since
4952/2026 Ghaichand m =9.10 sqm. Chawl, Dhobhi sed 2022 2025 1980.
Ghat, Haji Bapu Structure.
Road, Near
Railway Track,
Malad (East),
Mumbai
3 WP(L)/ Rakesh Kisan 3.70m X 4.30m Khadedubhai Ki Unauthori 29.08. 23.01. Since
4957/2026 Chandaliya = 15.91 sqm. Chawl, Dhobi sed 2022 2025 1980.
Ghat, Govind Structure.
Nagar,
Chincholi
Phatak, Haji
Bapu Road,
Malad (East),
Mumbai
4 WP(L)/ Imran Rahim 4.00m X 2.60m Bhangar Chawl, Unauthori 29.08. 23.01. Since
4959/2026 Jiva Parmar = 10.40 sqm. Dhobi Ghat, sed 2022 2025 1980.
Haji Bapu Road, Structure.
Govind Nagar,
Near Chincholi,
Kartikeya 32 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Malad (East),
Mumbai
5 WP(L)/ Ramesh 4.10m X 2.55 m Khadedubhai Ki Unauthori 29.08. 23.01. Since
4961/2026 Surajbhan = 10.46 sqm. Chawl, Haji sed 2022 2025 1980.
Lukkad Bapu Road, Structure.
Dhobhi Ghat,
Chincholi
Phatak, Malad
(East), Mumbai
6 WP(L)/ Murgeshan 2.65m X 3.00m Munir Bhangar Unauthori 29.08. 23.01. Since
4965/2026 Shankaran Pille = 7.95 sqm. Chawl, Haji sed 2022 2025 1980.
Bapu Road, Structure.
Chincholi
Phatak, Malad
(East), Mumbai
7 WP(L)/ Deepak Kisan 2.75m X 4.00 m Zillu Dhobhi Unauthori 29.08. 23.01. Since
4966/2026 Bagdi = 11.00 sqm. Chawl, Haji sed 2022 2025 1980.
Bapu Road, Structure.
Dhobhi Ghat,
Chincholi
Phatak, Near
Valmiki Mandir,
Malad (East),
Mumbai
8 WP(L)/ Savitri 2.50m X 5.30m Khadedubhai Ki Unauthori 29.08. 23.01. Since
4967/2026 Indarsingh = 13.25 sqm. Chawl, Haji sed 2022 2025 1980.
Lukkad Bapu Road, Structure.
Dhobhi Ghat,
Chincholi
Phatak, Malad
(East), Mumbai
9 WP(L)/ Gopal 3.70m X 4.30m Sakeseriya Seth Unauthori 29.08. 23.01. Since
4971/2026 Omprakash = 15.91 sqm. Chawl, Haji sed 2022 2025 1980.
Gaychand Bapu Road, Structure.
Chincholi
Phatak, Govind
Nagar, Malad
(East), Mumbai
10 WP(L)/ Sheikh Razanb 3.70m X 3.35m Sheksariya Unauthori 29.08. 23.01. Since
4973/2026 Khatal = 12.40 sqm. Chawl, sed 2022 2025 1980.
Kartikeya 33 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Chincholi Structure.
Phatak, Malad
(East), Mumbai
11 WP(L)/ Azadsingh 6.80m X 2.40m Munir Bhangar Unauthori 29.08. 23.01. Since
4976/2026 Balwantsingh = 16.32 sqm. Chawl, Haji sed 2022 2025 1980.
Bidlan Bapu Road, Structure.
Near Visava
Building,
Chincholi
Phatak, Malad
(East), Mumbai
12 WP(L)/ Jyotsna Manilal 4.50m X 2.25m K Bhaiya Unauthori 29.08. 23.01. Since
4979/2026 Makwana = 10.13 sqm. Chawl, Haji sed 2022 2025 1980.
Bapu Road, Structure.
Near Dhobhi
Ghat, Chincholi
Phatak, Malad
(East), Mumbai
13 WP(L)/ Rani Ramsingh 3.70m X 2.35m Khadedu Unauthori 29.08. 23.01. Since
4981/2026 Chauhan = 8.70 sqm. Ghasletwal sed 2022 2025 1980.
Chawl, Haji Structure.
Bapu Road,
Dhobhi Ghat,
Chincholi
Phatak, Near
BMC School,
Govind Nagar,
Malad (East),
Mumbai
14 WP(L)/ Dinesh Hiralal 7.80m X 1.55m Munir Bhangar Unauthori 29.08. 23.01. Since
4985/2026 Waghela = 12.09 sqm. Chawl, Haji sed 2022 2025 1980.
Bapu Road, Structure.
Near Visava
Building,
Chincholi
Phatak, Malad
(East), Mumbai
15 WP(L)/ Aasha Kisan 3.70m X 4.30m Govind Nagar, Unauthori 29.08. 23.01. Since
4991/2026 Gusar = 15.91 sqm. Sakeseriya sed 2022 2025 1980.
Chawl, Chicholi Structure.
Kartikeya 34 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Phatak, Haji
Bapu Road,
Near Visava
Building, Malad
(East), Mumbai
16 WP(L)/ Asha Sonu 4.20m X 2.50m Khadedu Unauthori 29.08. 23.01. Since
4995/2026 Chauhan = 10.50 sqm. Ghasletwal sed 2022 2025 1980.
Chawl, Haji Structure.
Bapu Road,
Dhobhi Ghat,
Chicholi Phatak,
Govind Nagar,
Malad (East),
Mumbai
17 WP(L)/ Prabhat 3.60m X 2.45m Sakseriya Unauthori 29.08. 23.01. Since
4999/2026 Harichand = 8.82 sqm. Chawl, Haji sed 2022 2025 1980.
Gechand Bapu Road, Structure.
Govind Nagar,
Chicholi Phatak,
Malad (East),
Mumbai
18 WP(L)/ Sanjana Sanjay 2.60m X 3.10m Zillu Dhobhi Unauthori 29.08. 23.01. Since
4996/2026 Chandaliya = 8.06 sqm. Chawl, Dhobhi sed 2022 2025 1980.
Ghat, Haji Bapu Structure.
Road, Near
Valmiki Mandir,
Malad (East),
Mumbai
19 WP(L)/ Pooja Suresh 1.40m X 7.70m Kadedu Unauthori 29.08. 23.01. Since
5006/2026 Kagda = 10.78 sqm. Ghasletwala sed 2022 2025 1980.
Chawl, Haji Structure.
Bapu Road,
Govind Nagar,
Chicholi Phatak,
Malad (East),
Mumbai
20 WP(L)/ Vikas Prabhat 2.65m X 2.30m Sakseriya Unauthori 29.08. 23.01. Since
5010/2026 Gayachand = 6.10 sqm. Chawl, Haji sed 2022 2025 1980.
Bapu Road, Structure.
Govind Nagar,
Kartikeya 35 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Chicholi Phatak,
Malad (East),
Mumbai
21 WP(L)/ Sandeep Kisan 3.35m X 2.90m Zillu Dhobhi Unauthori 29.08. 23.01. Since
5011/2026 Bagdi = 9.72 sqm. Chawl, Dhobhi sed 2022 2025 1980.
Ghat, Haji Bapu Structure.
Road, Near
Valmiki Mandir,
Malad (East),
Mumbai
22 WP(L)/ Rajkumar Rattn 1.70m X 3.50m Dhobhi Chawl, Unauthori 29.08. 23.01. Since
5014/2026 Chandaliya = 5.95 sqm. Dhobhi Ghat, sed 2022 2025 1980.
Haji Bapu Road, Structure.
Chicholi Phatak,
Malad (East),
Mumbai
23 WP(L)/ Sanjog Kisan 3.70 m X 4.30m Sakeseriya Seth Unauthori 29.08. 23.01. Since
5015/2026 Pathrod = 15.91 sqm. Chawl, Haji sed 2022 2025 1980.
Bapu Road, Structure.
Dhobhi Ghat,
Chicholi Phatak,
Govind Nagar,
Malad (East),
Mumbai
24 WP(L)/ Ravi Balwan 3.70m X 4.30m Khadedubhai Ki Unauthori 29.08. 23.01. Since
5019/2026 Gaichand = 15.91 sqm. Chawl, Haji sed 2022 2025 1980.
Bapu Road, Structure.
Dhobhi Ghat,
Near Public
Bridge, Malad
(East), Mumbai
25 WP(L)/ Manilal Amtha 4.00m X 3.10m K Bhaiya Unauthori 29.08. 23.01. Since
5022/2026 Makwana = 12.40 sqm. Chawl, Haji sed 2022 2025 1980.
Bapu Road, Structure.
Near Dhobhi
Ghat, Chicholi
Phatak, Malad
(East), Mumbai
Kartikeya 36 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
5. It is not in dispute in all these petitions that the
impugned order/s was/were passed by the Estate Officer and
Divisional Engineer (East/North), Western Railway, Mumbai
Central, on 23rd January 2025, and signed on 24th January 2025.
Petitioners do not dispute that the structures forming the subject
matter of these Petitions (for short, "Writ Premises") are unauthorised
structures. The Respondent Nos. 1 to 4 do not dispute either the
identity of the Petitioners or the measurements undertaken by them
for the purpose of recording the Writ Premises. As well, there is no
dispute that the said structures are situated on land belonging to
Western Railways at Malad (East), Mumbai. The particulars relating
to the area and location of each of the structures are reflected in the
table referred to above. Their claims as regards the duration of their
occupying the writ premises is disputed by the Railways.
6. On 29th August 2022, the Estate Officer and Sr.
Divisional Engineer (East/North), Western Railway, Mumbai
Central, issued Show Cause Notices to the respective Petitioners
under sub Section (2) of Section 5A of the Public Premises
Kartikeya 37 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
(Eviction of Unauthorised Occupants) Act, 1971 (for short "the Act
of 1971"), directing them to remove the unauthorised structures
erected on Railway land.
7. The Petitioners submitted their responses to the Show
Cause Notices, on 13th October 2023. To substantiate their claims,
they are mainly relying upon the Government Resolution dated 12th
December 2000, as well as the judgment of the Hon'ble Supreme
Court in Special Leave Petition (Civil) Diary No. 19741 of 2021
[Utran Se Besthan Railway Jhopadpatti Vikas Mandal v. Government of
India & Ors.] dated 16th December 2021.
8. After considering the Show Cause Notices and the
replies filed by the Petitioners, the Estate Officer passed the
impugned order/s dated 23rd January 2025, directing the Petitioners
to vacate the premises within 15 days from the date of the order. In
the event of non-compliance, the Petitioners would be liable to
eviction from the Writ Premises. The order/s was/were signed on
24th January 2025.
Kartikeya 38 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
9. Aggrieved by the said order, the Petitioners preferred
an appeal before the City Civil Court, Mumbai, which, by order
dated 6th May 2025, dismissed the appeal as not maintainable.
Consequently, the Petitioners have approached this Court by filing
the present Writ Petitions.
10. Learned Advocate, Mr. Naphade, appearing for the
Petitioners, vehemently contended that the Estate Officer failed to
consider the Government policies and the guidelines issued under
the Government Resolution dated 12th December 2000 and,
consequently, erred in directing the Petitioners to vacate the
premises within 15 days.
11. During the argument, he drew our attention to Clause
No. 2, Sub-Clause of Clause No. 4, and Clause Nos. 5, 6, 7, and 17
of the said Resolution, which read as follows:
"2. Applicability of the Policy :
The following R & R policy shall be applicable to all the sub-
projects described in the Borrower's Project Implementation
Plan (BPIP) for the MUTP, and also the sub-projects identified
for inclusion in the subsequent phases of MUTP. Resettlement
Kartikeya 39 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Action Plans (RAPs) and Community Environmental
Management Plans (CEMPs) will be prepared for each
subproject involving resettlers, in accordance with this Policy.
4. Categories of Project Affected Structures :
Project-affected structures shall be categorised by referring to
ownership, land use, and type of construction.
Ownership :
...
...
...
Land occupied by squatters without any legal title. Category of
squatters includes - non-resident structure owners, resident
structure owners and tenants.
5. Definition of Project Affected Persons (PAP) :
Project Affected Person includes households, business units
including their workers and owners of assets like land and
buildings affected by MUTP shall be considered as PAPs and
may include: non-resident land owners (including farmers and
horticulturist); non-resident lessees; resident landlord {including
farmers and horticulturists); resident lesseeresident lessees,
tenants or sub-tenants of buildings; squatters (non-resident
structure owners, resident structure owners, tenants); pavement
dwellers. Household, for this purpose, means all males/females,
their family members and relatives, staying in a
house/tenement/hut.
6. Eligibility of Project Affected Persons (PAPs) for R & R:
(a) All legitimate occupants of land and buildings affected by
MUTP up to the time of actual resettlement will be eligible for
the benefit of the R & R Policy. However, PAPs who are squatters
and not the legitimate occupants of, and/or buildings shall be
eligible for R & R only if enumerated during the baseline survey .
The date of completion of the baseline survey shall, therefore, be
the cut-off date. While preparing the Resettlement Action Plan
(RAP), the baseline survey will be updated if the gap between the
baseline survey and the RAP is more than one year. Any new
unauthorised structures or additions to existing structures
carried out after the cut-off date, and their occupants, will not be
eligible for R & R.
Similarly, the occupants of a structure, except legal heirs who
Kartikeya 40 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
have acquired the structure after the cut-off date, shall not be
eligible for the benefits of Resettlement and Rehabilitation.
However, member added to the eligible households by way of
birth and marriage after the cut-off date will be considered
eligible for R & R. For this purpose, the baseline survey will
create a detailed data base available with both the R & R Agency
and the affected community. The significance of the cut-off date
will also be explained to the community.
(b) PAPs who do not wish to participate in the RAP prepared in
the manner as laid down in this policy will not be eligible for
rehabilitation and will have to vacate the occupied space on their
own.
(c) Aerial photographs ................
7. Selection of Resettlement Site :
The site for resettlement shall be selected out of the feasible
options in consultation with the affected community as a
part of the RAPs preparation. The principal criteria for site
selection shall include access to employment opportunities,
infrastructure and social services. Environmental
assessment of the resettlement site shall be carried out as
part of the preparation of the CEMPs.
17. Indirectly Affected PAPs :
The relocation of affected communities and persons may have an
adverse impact on the community linkages at the old site. In
order to minimise such adverse impact, appropriate and careful
measures need to be planned. For this purpose, the affected
community be identified based on the social and economic
linkages and not purely on the basis of right of way required for
the project. If the social and economic linkages are substantially
affected, the remaining people, whose proportion should not
exceed 20% of the directly affected PAPs. If they desire should be
resettled along with the PAPs. However, if the remaining people
do not desire to shift, efforts shall be made to provide earlier
social and economic facilities at the old site."
12. As such, he submitted that as per the guidelines set out
in the Government Resolution dated 12th December 2000, the
Kartikeya 41 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Petitioners qualifies as Project Affected Persons (for short, 'PAP')
under Phase I/II of the Mumbai Urban Transport Project (for short,
'MUTP') and, in terms of Clauses 7.2 and 7.2.2 of the Corporate
Plan 2014-2034 (Revised November 2017), are therefore entitled to
rehabilitation.
13. He further argued that even assuming that the
Petitioners are the squatters, they have been in occupation of the
Writ Premises since 1980 and are, therefore, eligible for
Rehabilitation and Resettlement (R&R) benefits. However, the
Estate Officer failed to take into consideration the relevant
Government Resolution and did not declare the Petitioners eligible
under the R&R policy. Consequently, he contends that the order/s
passed by the Estate Officer is/are illegal and contrary to the
Government Resolution, and that they are entitled to rehabilitation
under the applicable policy.
14. Per contra, the learned Advocate for the Corporation
strenuously opposed the Petition, contending that the Petitioners are
Kartikeya 42 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
neither PAP nor are their Writ Premises/structures situated within 10
meters from the 6th Railway Line, Mumbai Central-Borivali.
Furthermore, the Writ Premises do not fall within the scope of the
scheme formulated by the Respondent-Western Railways for the
rehabilitation of affected persons. Accordingly, he submitted that the
Petitioners are not entitled to claim benefits under the Government
Resolution dated 12th December 2000.
15. He further canvassed that the Respondent-Railway
Authorities, by following due process of law, issued notices to the
unauthorised structures under the provisions of the Act of 1971.
Also, ample opportunity to be heard was given to the Petitioners,
and the Authorities then passed the impugned order (s). Hence, the
Petitioners are not entitled to the relief sought, and accordingly, he
urged that the Writ Petitions be dismissed.
16. While dealing with the controversy in the matter, we
would like to state that the Act of 1971 was enacted with the object
of remedying the shortcomings noticed in the earlier legislative
Kartikeya 43 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
framework and to provide a speedy and summary mechanism for the
eviction of persons in unauthorised occupation of public premises.
The statute is a special enactment designed to ensure expeditious
removal of unauthorised occupants from such premises. The
expression "public premises" is defined under Section 2(e) of the Act.
The term "unauthorised occupation" is defined under Section 2(g).
Section 4 empowers the Estate Officer, if he is of the opinion that
any person is in unauthorised occupation of public premises, to
issue a notice calling upon such person to show cause why an order
of eviction should not be made. Under Section 5, upon consideration
of the cause shown and the evidence produced in response to the
notice issued under Section 4, and if satisfied that the premises are in
unauthorised occupation, the Estate Officer may pass an order of
eviction. Further, Section 5A provides for the removal of
unauthorised constructions erected on, or against, or in front of any
public premises.
17. In the context of the batch of Writ Petitions, it would be
appropriate to reproduce the relevant statutory definitions and
provisions, particularly Sections 2(e), 2(g) and 5A :
Kartikeya 44 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
"2(e) "public premises" means-
(1) any premises belonging to, or taken on lease or
requisitioned by, or on behalf of the Central Government,
and includes any such premises which have been placed
by that Government, whether before or after the
commencement of the Public Premises (Eviction of
Unauthorised Occupants) Amendment Act, 1980 (61 of
1980), under the control of the Secretariat of either House
of Parliament for providing residential accommodation to
any member of the staff of that Secretariat;
(2) any premises belonging to, or taken on lease by, or
on behalf of,-
(i) any company as defined in section 3 of [the
Companies Act, 2013 (18 of 2013)], in which not less than
fifty-one per cent of the paid-up share capital is held by
the Central Government or any company which is a
subsidiary (within the meaning of that Act) of the first-
mentioned company;
(ii) any corporation (not being a company as defined
in section 3 of the 3[the Companies Act, 2013 (18 of
2013)], or a local authority) established by or under a
Central Act and owned or controlled by the Central
Government;
(iii) any company as defined in clause (20) of section 2
of the Companies Act, 2013 (18 of 2013), in which not
less than fifty-one per cent. of the paid-up capital is held
partly by the Central Government and partly by one or
more State Governments, and includes a company which
is a subsidiary (within the meaning of that Act) of the
first-mentioned company and which carries on the
business of public transport, including metro railway.
2(g) "Unathorised occupation", in relation to any
public premises, means the occupation by any person of
the public premises without authority for such occupation,
and includes the continuance in occupation by any person
of the public premises after the authority (whether by way
of grant or any other mode of transfer) under which he
was allowed to occupy the premises, has expired or has
been determined for any reason whatsoever.
5A. power to remove unauthorised constructions, etc.-
Kartikeya 45 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
(1) No person shall--
(a) erect or place or raise any building or [any movable or
immovable structure or fixture,]
(b) display or spread any goods,
(c) bring or keep any cattle or other animal, on, or
against, or in front of, any public premises except in
accordance with the authority (whether by way of grant or
any other mode of transfer) under which he was allowed
to occupy such premises.
(2) Where any building or other immovable structure
or fixture has been erected, placed or raised on any public
premises in contravention of the provisions of sub-section
(1), the estate officer may serve upon the person erecting
such building or other structure or fixture, a notice requiring
him either to remove, or to show cause why he shall not
remove such building or other structure or fixture from the
public premises within such period, not being less than seven
days, as he may specify in the notice ; and on the omission
or refusal of such person either to show cause, or to
remove such building or other structure or fixture from the
public premises, or where the cause shown is not, in the
opinion of the estate officer, sufficient, the estate officer
may, by order, remove or cause to be removed the building or
other structure or fixture from the public premises and
recover the cost of such removal from the person
aforesaid as an arrear of land revenue.
(3) ................
18. On perusal of the record, it is apparent that the
Respondent-Railways, after noticing the unauthorised structures,
the Estate Officer issued a notice U/s 5A (2) of the Act of 1971,
directing the Petitioners to vacate the Writ Premises within a period
of 15 days. The Petitioners duly replied to the notice/s. However, the
Petitioners failed to produce any documents before the Estate
Kartikeya 46 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Officer to demonstrate that their structures are authorised, protected,
or affected by the MUT project, which could have entitled them to
be considered as PAP. Similarly, they also failed to establish that
their premises are covered under the scheme formulated by the
Respondent-Railway Authorities.
19. Likewise, the Petitioners have failed to show that the
Writ Premises are situated within 10 meters of the 6 th Railway Line,
Mumbai Central-Borivali. On the contrary, in their joint undated
representation, they themselves stated that the 'Writ Premises' are
located beyond 10 meters from the 6th Railway Line, Mumbai
Central-Borivali.
20. Thus, it appears that the Petitioners have failed to
demonstrate that they are entitled to get the benefits under the
Government Resolution dated 12th December 2000, or that they
qualify as per the PAP eligibility criteria given under the R & R
policy. In view of this, we have no hesitation in holding that the
Petitioners are not entitled to any relief under the said Government
Resolution.
Kartikeya 47 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
21. The second limb of the argument was that the Estate
Officer failed to consider the mandate in Utran Se Besthan Railway
Jhopadpatti Vikas Mandal (supra) and erred in directing the
Petitioners to vacate the premises. The learned Advocate took us
through the said judgment and, on the basis of the mandate, urged
that the impugned order be set aside.
22. In response, the learned Advocate for the Corporation
submitted that the Corporation acted in accordance with the
provisions of the Act of 1971 by following due process of law, i.e.
issued a Show Cause Notice and subsequently passed the order. As
such, the principles laid down in Utran Se Besthan Railway
Jhopadpatti Vikas Mandal (supra) do not apply to the present case and
do not support the Petitioners' contention.
23. We have perused the said judgment cited. It appears
that in the cited case, the Authorities, without following the due
procedure of law, directed the petitioners to vacate the 'Writ
Premises' therein. Therefore, the Hon'ble Supreme Court has
Kartikeya 48 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
categorically observed that "there is a special enactment, which
enables the Railway Authorities to protect its property, i.e., their
statutory and public trust obligation. It was open to the concerned
Authority to invoke the provisions of a special enactment, including
the Public Premises Act. For that, the Estate Officers should have
moved into action in right earnest at the earliest opportunity. Even
that option is not being invoked for the reasons best known to the
Authorities. Therefore, it was held that the Railways are equally
responsible for the said situation and for which reason, it is also
equally liable to provide some support to the persons likely to be
affected by the removal of their structures".
24. It is to be noted that the Railway Authorities initially
issued Show Cause Notices to the parties under Section 5A (2) of
the Act of 1971. After providing an opportunity to be heard, the
Authorities passed a detailed order within 15 days of the date of
service of the said notice. The said fact itself indicates that the
Estate officer has followed the due process of law, as contemplated
by the Hon'ble Supreme Court in Utran Se Besthan Railway
Kartikeya 49 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
Jhopadpatti Vikas Mandal (supra). Therefore, in our view, the decision
in the aforesaid judgment is hardly of any assistance to the
Petitioners. On the contrary, it supports the defence of the Railway
Authorities.
25. To summarise, it is evident that the Writ Premises or
structures standing on Railway land are unauthorised. Each of these
premises/structures is neither covered by any scheme nor affected
by any project. Therefore, the Petitioners are not entitled to get
benefits under the Government Resolution dated 12th December
2000. Consequently, the Petitioners are not eligible for PAP benefits
under the R&R policy. Having considered the same, it is evident
that the Petitioners failed to make out a case for invoking the Writ
Jurisdiction. As a result, all these Writ Petitions are dismissed.
26. At the same time, it is pertinent to note that the fact
remains that the Railway Authorities do not dispute that the
Petitioners are occupying the Writ Premises/structures as mentioned
in the above table. As well as the Railway Authorities, do not
dispute the identity of the Petitioners or the measurements carried
Kartikeya 50 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
out by them regarding the Writ Premises/structures. Therefore, we
have no hesitation in holding that the Railways are equally
responsible for the above situation and, for this reason, are liable to
provide some support to the persons likely to be affected by the
removal of their structures.
27. Hence, keeping in mind the dictum of the Hon'ble
Supreme Court in Ahmedabad Municipal Corporation v. Nawab Khan
Gulab Khan, [(1997) 11 SCC 121] and the guidelines laid down
therein, we are issuing the following directions:
(a) The Petitioners shall vacate the Writ Premises within 60 days
from the date of this order.
(b) If the occupants fail to vacate the unauthorised structures/writ
Premises, it will be open to the Respondent, i.e., Western Railways,
to initiate appropriate action to dispossess them forcibly and to
demolish or remove the unauthorised structure (s) by taking
assistance of the local police force.
Kartikeya 51 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
(c) The Superintendent/Commissioner of Police of the concerned
area shall ensure that adequate police force is deployed on the site
and the surrounding areas for the protection of the Officials/Staff
engaged in the demolition of the unauthorised structures referred to
in the eviction notices.
(d) Needless to state, before the commencement of the process of
eviction and removal of the structures, the Respondent No. 5-
Collector must ensure that the necessary details about the names and
numbers of the persons occupying the concerned structures,
including their identity and profile, should be duly recorded, which
record should be preserved by the Collector for considering the
eligibility of those persons for being provided suitable residential
accommodation after being evicted owing to proposed demolition
action.
(e) In the event that the State Government or the Railways has
any rehabilitation scheme, the affected persons may apply to be
rehabilitated under the said scheme, if eligible and subject to
Kartikeya 52 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
verification of eligibility and complying with all other terms and
conditions of the prevalent scheme. The concerned Authority may
provide them with suitable residential accommodation in lieu of
rehabilitation owing to the demolition of their structure, only if any
of these Petitioners are found to be eligible.
(f) In the event of rehabilitation, if any, the persons affected by
demolition action by the Authorities cannot and shall not insist on
the allotment of alternative residential accommodation at the same
place from which they have been evicted. The eligible persons may
be allotted accommodation wherever available in the same or even
in any neighbouring districts.
(g) In addition, since the Railways have the power to initiate
civil/criminal action against the unauthorised occupants on the
Railway property, in future, they must resort to those proceedings
against the concerned persons immediately after it is brought to the
notice of the concerned Official of the Railways.
Kartikeya 53 of 54
902 to 926 WP(L)-4938-2026 (25 Connected Petitions) {Judgment}.odt
(h) We make it clear that this Court has not expressed any view
about the grant of benefits of any scheme to the Petitioners and it is
left open to the Authorities concerned, to take an independent
decision if any of them is eligible under any scheme.
28. Rule is discharged. No order as to cost.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
Kartikeya 54 of 54
