Eviction of Unauthorized Occupants on Railway Land and Mandatory Rehabilitation Frameworks

sketch of the Bombay High Court
Case
ZAHIRUDDIN MUNIRUDDIN SHAIKH v. UNION OF INDIA (Bombay High Court, 07-10-2026)
Law
Public Premises (Eviction of Unauthorised Occupants) Act.

Highlights of the Judgment:

  • Detailed examination of eviction proceedings under the Public Premises Eviction of Unauthorized Occupants Act 1971.
  • Balancing railway safety and infrastructure development needs against the welfare of unauthorized occupants.
  • Application of Supreme Court precedents regarding the removal and rehabilitation of railway land encroachers.
  • Mandatory pre-eviction surveys by the District Collector to record occupant identities and determine eligibility.
  • Provisions for temporary ex gratia financial support and channeling eligible displaced persons into housing schemes.
  • Reaffirmation that displaced railway encroachers cannot claim an absolute right to in situ rehabilitation.