3 min readMumbaiMay 5, 2026 11:37 AM IST
First published on: May 4, 2026 at 09:51 PM IST
The Bombay High Court recently permitted Western Railway (WR) to continue the demolition drive of unauthorised and illegal structures at Garib Nagar in Bandra (East), however, it has said that the interest of slum dwellers declared eligible as per the 2021 surveys must be protected.
A bench of Justices Ajey S Gadkari and Kamal R Khata on April 29 passed an order on a plea by the Garib Nagar Rahiwasi Welfare Sangh Society, which claimed that despite the HC having on March 18 passed an interim order directing Railways not to conduct demolition of certain structures mentioned in the petition, it had proceeded to demolish several structures belonging to eligible Project Affected Persons (PAPs).
The plea further claimed that the authorities were in the process of erecting a fence, taking away all articles and material lying on the site, and that their action was “not only arbitrary and illegal but also constitutes a deliberate act of contempt of the proceedings pending before the High Court.”
The petitioners further claimed the demolitions “caused immense hardship, mental agony, and physical displacement to the eligible families” and violated their fundamental rights under Articles 14, 19, and 21 of the Constitution.” The plea argued through advocate Rajesh Khobragade added, “The families, who were recognised as eligible for rehabilitation, have been rendered homeless without any legal process.”
The plea sought that the structures identified as eligible under the joint survey conducted by Mumbai Railway Vikas Corporation Limited, Mumbai Metropolitan Region Development Authority (MMRDA), and Western Railway be protected.
On April 29, the bench noted in the order, “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, it added, “the interest of slum dwellers identified as eligible from the first survey dated August 10, 2021, and the second survey dated August 11, 2021, must be adequately protected.” The Court will hear the plea next on July 8.
Advocate Aayush Kedia for the Railways argued that while it had made an attempt to demolish unauthorised structures earlier, the same was stopped using “human shields”; therefore, the court’s nod was required to go ahead with the drive. He added that the PAPs will be rehabilitated by the MMRDA under its Mumbai One project, which includes the development of Line 6 of the Western Railway.
The plea claimed that the authorities were in the process of erecting a fence, taking away all articles and material lying on the site. (File Photo) 
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