Mumbai, May 5: The Bombay High Court has allowed Western Railway (WR) to proceed with its demolition drive against unauthorised structures in Garib Nagar, Bandra (East), while directing that the rights of slum dwellers deemed eligible in the 2021 surveys must be safeguarded.
Court allows demolition with rider on eligible residents
A bench comprising Justices Ajey S. Gadkari and Kamal R. Khata issued the order on April 29 while hearing a petition filed by the Garib Nagar Rahiwasi Welfare Sangh Society.
The petition alleged that despite an earlier interim order dated March 18—restraining the Railways from demolishing certain structures listed in the plea—several homes belonging to eligible Project Affected Persons (PAPs) were demolished.
According to the petitioners, authorities were also fencing the area and removing belongings from the site. They argued that these actions were arbitrary, illegal, and amounted to contempt of court proceedings.
The plea further stated that the demolitions caused severe hardship, mental distress, and displacement to families who had already been declared eligible for rehabilitation, thereby violating their fundamental rights under Articles 14, 19, and 21 of the Constitution.
Petitioners allege rights violations
Represented by advocate Rajesh Khobragade, the petitioners contended that families identified as eligible had been rendered homeless without due legal process. They sought protection for structures marked as eligible under a joint survey conducted by the Mumbai Railway Vikas Corporation Limited, MMRDA, and Western Railway.
In its April 29 order, the court permitted the Railways to continue removing unauthorised structures but emphasised that the interests of slum dwellers identified as eligible in surveys conducted on August 10 and 11, 2021, must be properly protected. The matter is scheduled for further hearing on July 8.
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Advocate Aayush Kedia, appearing for the Railways, submitted that earlier demolition attempts had been obstructed using “human shields,” necessitating court approval to proceed. He also stated that PAPs would be rehabilitated by the MMRDA under the Mumbai One project, which includes the development of Line 6 of the Western Railway.
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