Newlinkroad's Blog

In a classic example of vote-bank politics but unfortunate and utter disdain for ecology, the Maharashtra State government has begun a process to regularize a slum colony at Dahisar which has encroached on part of a private plot totalling 2 lakh sq mts, or 49-acres of land clearly earmarked as wetlands and CRZ-1 by the Union government in 2011. What takes the cake is that the government’s move comes even as the Bombay High Court in an order in December 2013 directed the government to prohibit any construction or reclamation of wetland area across the city.

Figure 1 Illegal slums on CRZ have destroyed Mangroves and also pollute the atmosphere

The government’s decision has raised the ire of New Link Road residents who learnt of the plan to regularize Ganpat Patil slum colony at Dahisar following a public notice issued by the deputy collector (encroachments) Dilip Gatte on January 3. As per SRA rules, once an encroached area is declared as a slum, the land ownership vests with the slum dwellers, who are then free to tie-up with any private developers to redevelop the colony. This is what the politician-builder nexus are targeting for & is the prime motive behind this move of regularizing these slums.

“We are not against the rehabilitation of these slum dwellers, but it cannot be at the cost of environment and definitely not by violating rules. These slums are located within the 50 meters buffer zone of the wetlands and falling with Coastal Regulation Zone-1,” said Harish Pandey, Secreatry of the residents forum, who have been trying to protect the lush green mangroves from being destroyed. We suggest that the slum dwellers be rehabilitated in a non CRZ area and be provided with all basic facilities to live a dignified & respectable life says David Soosay another core member of the Forum.

Stalin D, project officer with environment NGO Vanashakti further pointed out that the government’s move is against the order passed by the Bombay High Court in a public interest litigation (87 of 2013) that they have filed. “ The High Court has directed that all wetlands must be free from construction and there should be no reclamation. It had further directed that the government to inform all planning authorities not to sanction construction plans in these areas. Any attempt to destroy mangroves and carry out construction will invite contempt of court. Hope the authorities realize this,” Stalin pointed out.

The residents have reason to fear the government’s plan as it is clearly aimed at vote-bank politics. As per government rules, slum dwellers residing in a declared slum prior to January 1, 1995 are eligible for free housing. In case of Ganpat Patil slums, only 200 families of the 8,000 families fall under the 1995 cut-off date.

Figure 2 The slums in 2004

Figure 3 Ganpat Patil Nagar in 2010

Housing activists say that since the balance 7,800 families constitute a major vote-bank, the government wants to regularize the entire slum colony to enable slum dwellers to be eligible for rehabilitation through Rajiv Awaaz Yojana (RAY), an urban renewal scheme of the central government. Under RAY, an encroacher post January 1, 1995 to till 2009 is also eligible for free housing in a slum rehabilitation scheme. The rehabilitation cost is shared equally by the Center and state government.

“We have learnt through a Right to Information Application that there was a move earlier in 2010 to regularize the same slums. But the Honourable Bombay High Court passed a stay order on the SRA scheme based on a PIL filed by NEW LINK ROAD RESIDENTS FORUM. Further documents available with the Forum under RTI also reveal the fact that BMC in the past has refused to provide civic infrastructure & basic amenities to Ganpat Patil Nagar slums. It was because of this conscious decision that the growth of the slums have got restricted. We are definitely going to challenge any move by the government to regularize this slums and destroy environment,” Pandey said.

Forum Chairman Dr. S.P. Mathew cautioned such a disastrous decision would encourage encroachment in other CRZ areas of the city. The MP , MLA & Corporator have promised protection of the mangroves in their election manifesto & are now doing exactly contrary to their poll promises and as such are back stabbing the citizens and setting a dangerous precedent.

Figure 4 Slums have been depriving tax paying citizens of safe drinking water by puncturing the Water Main

Additional Collector (Encroachment) Avinash Dhakne contended that the slums are being regularized as per section 4 (1) of the slum act. “The provisions of the Maharashtra Slum Improvement Act says if slum dwellers are staying in unhygienic condition, the government is empowered to declare that area as a slum and provide civic amenities irrespective to who is the land owner,” said Dhakne. Asked to why is the not applying the same yardstick to the balance 60% of the city’s slum population residing in unhygienic conditions, Dhakne said, “I was asked by the state housing department to initiate the process of regularizing these slum area.”

“My role is not concerned with the decision the government takes in the future of allowing a slum rehabilitation scheme on the plot, or extending the eligibility criteria for legalizing slum dwellers. If slums have come up post 1995, it is the duty of the civic body to evict them,” said Dhakne, adding he had undertaken several demolition drives.