Citation : 2026 Latest Caselaw 5218 Bom
Judgement Date : 18 May, 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.25781 OF 2025
Mr. Rushikesh Prakash Lad & Ors. .. Petitioners
Vs.
The Union of India & Ors. .. Respondents
AND
WRIT PETITION (L ) NO.17595 OF 2026
Prakash Maruti Lad and Anr. .. Petitioners.
Vs.
The Union of India & Ors. .. Respondents.
Mr. Vijay Kurle with Ms. Bhagyesha Kurle, Advocates for the
Petitioners in both the above writ petitions.
Ms. Smita Thakur with Ms. Ateeba Hasan, Advocates for Respondent
nos. 1 and 2.
Mrs. Rita Joshi, AGP for Respondent No3-State in Writ Petition (L)
No.25781 of 2025.
Mrs. Usha Rahi, AGP for Respondent No.3-State in Writ Petition (L)
No.17595 of 2026.
CORAM : GAUTAM A. ANKHAD, J.
DATE : 18TH MAY 2026
[ VACATION COURT ]
P.C. :
1. Issue notice to the Respondents. In addition to Court's notice,
private service is also permitted.
2. By order dated 8th May 2026 in Writ Petition (L) No.25781 of
2025, the Petitioners were granted leave to bring on record notice dated
6. WPL-25781-25.doc bdpsps
4th May 2026 issued by the Western Railway for vacating the premises.
3. Today, Mr. Vijay Kurle, learned Advocate for the Petitioners
tenders the said notice and submits that the allotment made by the
Western Railway is not in accordance with Projection Affected Persons
policy. On the other hand, Ms. Smita Thakur, learned Advocate for
Respondent nos. 1 and 2 submits that there is no violation of any policies
and the Petitioners have been allotted premises at Kurla, which the
Petitioners are not ready and willing to accept.
4. In view thereof, the narrow controversy is, whether the Petitioners
can object to the alternate accommodation offered by Respondent no.4
which is approximately 12 kilometers away from their current location.
In view of this narrow controversy, prima facie I find no reason to stay
the demolition process and particularly since the eviction notice is dated
26th November 2024.
5. Affidavit in reply, if any, shall be filed on or before 22 nd June
2026.
6. List the matter on 1st July 2026.
BHARAT [ GAUTAM A. ANKHAD, J. ]
DASHARATH
PANDIT
6. WPL-25781-25.doc bdpsps
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