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Bombay High Court
Garib Nagar Rahiwasi Welfare Sangh ... vs Union Of India Thru. The Secretary ... on 15 May, 2026
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.05.15
20:33:21
+0530
27-WP(L)-17200-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.17200 OF 2026
Garib Nagar Rahiwasi Welfare Sangh Society ...Petitioner.
Versus
Union of India & Ors. ...Respondents.
__________
Mr Rajesh P Khobragade for the Petitioner.
Mr Aayush Kedia a/w Railway Officer Aashish Yadav and Mr Surendra Kumar
for Respondent Nos.1, 2 and 7.
Mrs Jyoti Chavan, Addl. GP a/w Mrs Usha Rahi, AGP for the State/
Respondent Nos.8 to 10.
__________
CORAM : ADVAIT M. SETHNA &
SANDESH D. PATIL, JJ.
DATE : 15 MAY 2026
(VACATION COURT)
P.C.:
1. Heard learned Counsel for the parties.
2. Issue Notice returnable on 16.06.2026.
3. At this stage, Respondents seek leave to file Affidavit-in-Reply. Let
such Reply Affidavits be filed by the Respondents, on or before the
adjourned date, with an advance copy to the learned Counsel for the
Petitioner.
4. Our attention is invited to the order dated 29.4.2026 which reads
27-WP(L)-17200-2026.doc
thus :
"1. Leave to amend to annex all the necessary and
relevant documents granted. Amendment be
carried out within a period of two weeks from
today.
2. As far as the demolition drive of all the
unauthorised and illegal structures by the Railway
is concerned, we permit the Railway Authorities
to continue with their demolition drive. However
the interest of slum dwellers identified as eligible
from the first survey dated 10 th August, 2021 and
second survey dated 11th August 2021 must be
adequately protected.
3. Stand over to 8th July, 2026."
5. The order is clear and self explanatory, in as much as, it categorically
records that, the interest of the slum dwellers as eligible from the first
survey dated 10.08.2021 and second 11.08.2021 must be adequately
protected.
6. At this stage, the learned Counsel for the Respondent/Railways, on
instructions, would state that there are about 100 protected structures
which would remain unaffected. Such statement which is recorded on
instructions, is accepted.
7. Needless to mention that, any action taken by the Respondents over
and above these structures shall be undertaken after following due process
and in accordance with the law.
27-WP(L)-17200-2026.doc
8. We clarify that as far as demolition, if any, has been undertaken or is
in progress for unauthorised structures will not be affected by this order
which shall be carried out by the said Respondents, in acordance with law.
9. All parties to act on an authenticated copy of this order.
[SANDESH D. PATIL, J] [ADVAIT M. SETHNA, J.]
