Mumbai, May 22: While refusing to grant relief to unauthorised structures in Garib Nagar, Bandra (East), the Bombay High Court has clarified that around 100 protected structures, identified in earlier surveys, will remain unaffected by the ongoing demolition drive being carried out by the Western Railway (WR) against unauthorised constructions.
HC clarifies scope of demolition drive
A vacation bench of Justices Advait Sethna and Sandesh Patil passed the order on May 15 while hearing a petition filed by the Garib Nagar Rahiwasi Welfare Sangh Society.
Pursuant to an earlier HC order, the railways undertook a four-day drive and demolished over 90 per cent of the unauthorised structures while leaving the authorised structures untouched.
The court noted that its earlier order dated April 29 had already permitted the Railways to continue demolishing unauthorised and illegal structures, while directing that the interests of slum dwellers found eligible in surveys conducted on August 10 and 11, 2021, must be protected.
During the hearing, counsel for the Railways, Aayush Kedia, assured the court that nearly 100 protected structures would not be touched during the demolition exercise. The bench accepted the statement made on instructions from the Railways.
Court stresses protection for eligible residents
“The order (of April 29) is clear and self-explanatory,” the court observed, adding that the earlier order “categorically records” that the interests of slum dwellers found eligible in the two surveys “must be adequately protected”.
The court further said that any action beyond those protected structures must be taken only after following due process and in accordance with law. It also clarified that demolitions already undertaken or currently in progress against unauthorised structures would not be affected by the latest order.
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The petitioners, represented by advocate Rajesh Khobragade, had alleged that despite the court’s earlier protection order, structures belonging to eligible Project Affected Persons (PAPs) were being demolished. The plea claimed that residents had been rendered homeless without following proper legal procedure.
The court has issued notice in the matter and directed the respondents to file their replies before the next hearing scheduled on June 16.
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