Who is Illegal?
Ghar Bachao Ghar Banao Andolan
Residents in a Golibar slum find that they have very little recourse
to the law to defend themselves from being forcibly displaced. The
real violator is the builder, they say.Freny Manecksha reports.
23 February 2011 - On 8 February some 50 residents of the Ganesh Krupa
Society in the Golibar slums, led by social activist Medha Patkar,
stormed the controversial Adarsh building in south Mumbai. The
slum-dwellers, whose homes had earlier been ruthlessly broken down in
a demolition drive, demanded the same methods be employed with this
posh building, which has flagrantly violated environmental and city
planning norms. Denouncing the nexus between politicians, slum
rehabilitation authorities and rogue developers, Patkar claimed that
Adarsh is a symbol of the prevailing paradigm of development.
The ongoing battle between these Golibar residents, who have refused
to move out of the ruins of their homes, and the builder - Shivalik
Ventures - epitomises the struggle of the urban poor to be recognised,
with dignity, as a vital cog in the city's economy. It is a demand for
Mumbai's elite to acknowledge the poor's need for spaces in a city
where, according to the Human Development Report compiled by the
Brihanmumbai Municipal Corporation and the UNDP, one in every two
residents of the city lives in a slum.
Sitting amidst the rubble of partially demolished homes where
tarpaulin, curtains and bits of cloth are stretched to cover the
torn-out portions is Devasanandan Nair, a resident of Ganesh Krupa
Society. Nair, who is a storyboard artist in the movie and
advertisement industry, reflects the aspirations of people whose
services keep this vibrant megapolis moving. He outlines the
residents' stand and epic fight. "At the very onset one must clarify
that this is not a fight against development. It is a fight against
corrupt builders and their connivance with those who use development
as a ploy to treat us like dirt."
The society was formed in 1994, declared a slum in 1996 and after an
assessment was made the residents began paying property tax.
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Nair says that despite attempts to demonise them, the residents have
from the very beginning made an effort to be responsible citizens. The
society was formed in 1994, declared a slum in 1996 and after an
assessment was made the residents began paying property tax. In 2003,
Madhu Constructions was given the go-ahead for redevelopment under the
Slum Rehabilitation Authority by 322 residents. But not a single brick
was laid, nor any kind of activity carried out between 2003 and 2008.
In 2010 the residents were shocked to receive an eviction notice under
section 33/38 by a new builder - Shivalik Ventures.
Fraud and connivance
They wondered how the builder had procured the necessary approval of
70 per cent of the residents. Through a Right to Information (RTI)
petition they learnt that Shivalik Ventures had connived with a former
resident Shubhangi Parshuram Shinde to manufacture the necessary
consent through a forged document of a general body meeting in
February 2009 that had never taken place.
"It was quite clearly forged and we could prove it because of several
anamolies like the signature of a woman, Sulochana Pawar, who had
actually died way back in 2005. The document also bears my signature
although I was in Kerala at that time," says Nair.
A complaint was submitted to the CEO of the SRA, who refused to
respond. Thereupon efforts were made with the Nirmal Nagar police
station to file an FIR, but the police refused, saying it was a civil
matter. Subsequently 180 members, who had decided not to bow down to
the builder, went to court and on 15 September 2010 the court directed
the police to file an FIR.
However the residents' bid to stop the eviction notices in another
civil suit was not successful, and the court passed an order
confirming the evacuation of the premises on 3 September 2010.
Demolitions were subsequently begun. A total of 48 homes were
demolished in early February this year despite spirited protests by
those resisting the evacuation move. "Our contention is that if the
very foundation of the builders' credentials are in doubt, if they are
involved in a fraudulent case for which they are liable to be
arrested, and if the letter of intent can then be cancelled by the
SRA, then why should we be evicted?" says Nair.
Amidst partially demolished homes in Guru Krupa Society,
the residents are determined to stay on.
(Picture by Dilnaz Boga)
Shoddy resettlement, and shady deals
The protesting residents have two other major concerns. Balaram
Kishanji Nalawade points out that while it is incumbent on the
developer to accommodate the residents in a transit camp within 300
meters of the site, the present camp does not fulfil this criterion.
"Moreover it is filthy, has hardly any water supply and the lifts
don't work." A visit to one of the transit camps revealed that this
"vertical slum" was indeed in shabby condition, with a huge open drain
running through the compound and rust corroding the exteriors.
Another fear expressed by the residents is that the building meant to
rehabilitate them lies in disputed property, with the ministry of
defence claiming rights on the land and having filed a case in the
high court.
Nalawade also points out that Shivalik Ventures, which has been given
the rights to cluster development of the entire Golibar slum lands,
has demolished 10,000 houses but has thus far only resettled 550 of
them. "Why this unholy haste to break our homes?" asks Nalawade. Like
the others he questions why the police has to date not acted or made
any arrests in the forgery case against Shivalik Ventures despite the
court's orders.
Significantly Unitech, the real estate firm that is currently under
the scanner for the 2G spectrum scam, holds some shares in Shivalik
Ventures.
The fight by the slumdwellers has led to a new revelation - that
Maharashtra has been using Section 3(k) of the Slum Rehabilitation Act
to grant development rights to private builders, whereby they get to
develop huge tracts of land without competitive bidding. Media reports
allege that by using this clause the state has virtually gifted large
acres of land to private builders.
It is the compounding of all these factors that has led activists of
the Ghar Bachao, Ghar Banao Andolan to allege that the implementation
of rehabilitation projects is in effect overriding the basic
Constitutional rights of the citizens, and that there is a
state-builder-mafia nexus to enable this. It has set up a People's
Commission to initiate an inquiry into all these issues and to examine
what is happening in the name of SRA.
Says Nair, "It is strange that we are portrayed as the goondas when we
have done nothing illegal. And the builders are the white collared
people against whom the police refuses to act despite court orders."
Through social networking sites and blogs the Golibar residents have
asked Mumbaikars to visit their slum, interact with them and uncover
the real truth. The fight continues even as many residents have lost
their jobs while staying at home to protect themselves against
demolitions. Children have fallen ill with malaria because the gaping
holes in the walls are an open invitation to mosquitos.
Nalawade and others point out that the vast tract of land in Golibar
stretching between Santacruz and Khar stations are of great strategic
value today in terms of real estate. "We came here when it was marshy
land and when there were no amenities. We developed it. Today when the
land value has appreciated they want to evict us."
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