In the previous part of this series, we reported on the demolition of the Jai Bhim Nagar settlements in Powai and delved into the legally dubious history of Hiranandani Gardens where they stood. On October 5th, the Powai police filed an FIR against officials of BMC’s S ward, Hiranandani Group (HGP Community Pvt Ltd), and four associates on the recommendation of the Bombay High Court for conducting unauthorised demolitions in Jai Bhim Nagar. The charges against the accused include criminal conspiracy, public servant framing an incorrect document with intent to cause injury, and furnishing false information among others.
About 100-150 families remain of the 600-650 that lived in Jai Bhim Nagar before the demolition. The ones who have stayed back, braving intense spells of rain in the last few months, have alleged instances of intimidation and surveillance from private bouncers as well as the police.
Why is moving not an option?
About six months before the demolition, residents of the settlement said they were offered to be moved to another settlement near Vikhroli called Mahatma Phule Nagar, by the Hiranandani Group. There was strong resistance against this because the neighbourhood is remote, and several kilometres away from where most locals work as househelp or service providers.
Moreover, the area is not developed, and is feared to be unsafe, especially for women. “We have young girls in our families, there are bad men there,” Pushpatai, one of the residents, told Citizen Matters.
Locals also have apprehensions because the Phule Nagar land’s ownership is disputed. “We don’t want to go to Mahatma Phule Nagar, because again they would let us be there only for six months and evict us any day like this. Then we would be neither here nor there,” Savitribai said.
Land activists have raised questions about the legality of such a rehabilitation offer as well. “There is no scheme or law which allows people of one slum to shift to another slum. Are they willing to give the residents ownership of the land, or is this an attempt to create another slum in Phule Nagar?” asks Shubham Kothari, a land activist with Jan Haq Sangharsh Samiti.
Rehabilitate us near Jai Bhim Nagar: Residents’ petition
Jai Bhim Nagar locals want to be allotted housing near their now-demolished settlement itself. The petition filed by community members in the High Court states that residents have legal and valid documents such as Aadhaar cards, voter IDs, electricity bills, bank passbook, domiciled certificates and other authenticated documents to demonstrate that they have been residing there for about 30 years.
The petition also states that residents acquired the right to occupy and reside in the settlement on private land over 30 years ago. The structures built with permission from the BMC later became permanent. In view of this, “it was obligatory on the part of the corporation and even a builder to take recourse [to] legal remedy…they could have been dishoused and removed and evicted from the disputed premises after due process of law not otherwise,” the petition says.
While residents can contest the illegal demolition based on a fraudulent complaint in the SHRC, their right to housing in Jai Bhim Nagar or a nearby area in Powai is murkier.
What rights do the residents have?
Under the Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971, slum dwellers in a ‘declared’ slum can apply for right to tenure of the land. If 75-90% of slum dwellers apply, the government can acquire the land and hand it over to a constituted cooperative housing society. This, however, only applies to government-owned land or land acquired by the government, and not privately owned land like Jai Bhim Nagar.
Electricity and water were provided by the developer, and not civic authorities, further reducing their claim to schemes made for slum dwellers.
Residents of a declared slum can avail of Slum Rehabilitation Authority (SRA) schemes, including rehabilitation. However, Jai Bhim Nagar is not a declared slum yet. For this, “the state has to first engage in the exercise of identifying protected occupiers through a survey prior to demolition,” Kothari said. No such survey has been carried out in Jai Bhim Nagar. In light of this, it is unclear how the residents would be rehabilitated.
In their HC petition, residents have demanded that they be allowed to reside in their original settlement or be given accommodation nearby, and that they be compensated for the loss of property.
Read more: Rehabilitated from Malad to Mahul, residents remain stuck in a highly polluted area
The way forward for Jai Bhim Nagar
According to the BMC’s New Development Plan (NDP) 2014-34, the area in and around Jai Bhim Nagar was to be reserved for government offices. Reports after the recent demolition corroborated this, and reiterated the Hiranandani Group’s ownership of the land and responsibility to build the offices. The developers did not respond to Citizen Matters’ request for comment.
The area is located close to the new Metro Pink Line 6 which passes from Swami Samarth Nagar to Vikhroli (EEH). The closest station is likely to be IIT Powai station, only about 500 metres away, making it a prime location.
For Jai Bhim Nagar, the immediate priority is for the tehsildar to do a formal survey of who used to live in Jai Bhim Nagar. “Make a list and create a discussion about what should be the way to resolve this issue. At least to begin with they have to first establish whose houses have been demolished,” Kothari said.
Adding to this, urban activist and professor, Husaain Indorewala commented, “A case must be made to prove that the residents lived in a slum to ensure that the residents get their entitlements.” As per reports, the Assistant Commissioner of the ward refused the possibility of temporary accommodation or compensation for Jai Bhim Nagar’s residents from the BMC.
One must remember that Jai Bhim Nagar was never just a parcel of land that was occupied by migrants because it was empty. It is where the labour that built Powai, and now its current workforce lives. It is inextricably linked with the neighbourhood around it, and its residents cannot be discounted.
Note: Jessica Jani also contributed to the story