Unauthorised occupants on railway land outside project zones are ineligible for mandatory resettlement and rehabilitation benefits.

The Petitioners, occupants of various structures on land belonging to Western Railway in Malad (East), Mumbai, challenged eviction orders dated January 23, 2025, issued by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The Estate Officer had issued show-cause notices in August 2022 following the identification of unauthorized structures.

The Petitioners claimed they had occupied the premises since 1980 and were entitled to rehabilitation under a Government Resolution (GR) dated December 12, 2000, and railway corporate plans.

An initial appeal to the City Civil Court was dismissed as non-maintainable on May 6, 2025, leading to the present Writ Petitions.

1. Whether the Petitioners qualify as "Project Affected Persons" (PAP) entitled to Rehabilitation and Resettlement (R&R) under the Government Resolution dated December 12, 2000.

2. Whether the Estate Officer followed the due process of law as mandated by the Supreme Court in Utran Se Besthan Railway Jhopadpatti Vikas Mandal v. Government of India.

The Court applied the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, specifically Section 2(e) defining "public premises," Section 2(g) defining "unauthorised occupation," and Section 5A regarding the removal of unauthorized structures.

It relied on the Government Resolution dated December 12, 2000, regarding the Mumbai Urban Transport Project (MUTP) and its eligibility criteria for Project Affected Persons (PAP).

The Court further guided its directions by the precedents of Utran Se Besthan Railway Jhopadpatti Vikas Mandal v. Government of India (2021) regarding the obligation of Railways to use special enactments for eviction.

Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan (1997) regarding the humanitarian aspects of evicting long-term pavement/slum dwellers.

The Court observed that the Petitioners failed to produce any evidence demonstrating that their structures were authorized, protected, or specifically affected by the MUTP, which is a prerequisite for PAP status under the 2000 GR.

Notably, the Petitioners conceded in representations that their structures were located beyond 10 meters of the 6th Railway Line, placing them outside the project's direct impact zone.

Regarding procedural fairness, the Court found that the Railways had complied with the mandate in Utran Se Besthan by invoking the Public Premises Act, issuing show-cause notices, and providing a hearing before passing the eviction orders.

While the legal right to evict was established, the Court noted that the Railways were "equally responsible" for allowing long-term unauthorized occupation and thus maintained a humanitarian obligation to record occupant data for potential future rehabilitation under existing schemes.

Petitioners are granted 60 days to vacate the premises.

Failing voluntary vacation, Western Railway may use police assistance for demolition.

The Collector must record the identities and profiles of occupants before eviction to preserve their potential eligibility for future residential schemes.

If eligible under any separate state or railway scheme, the authorities may consider their rehabilitation independently.

Rule was discharged with no order as to costs.