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150 houses evicted from forest land in Mumbai without rehabilitation

Reported by

Shubham Kothari

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Published on

April 17, 2023

April 20, 2023

Edited on

April 17, 2023

State

Maharashtra

Sector

Conservation and Forestry

People Affected by Conflict

Households Affected by Conflict

51

Land Area Affected (in Hectares)

ha

Starting Year

2018

Location of Conflict

Mumbai

Mumbai Suburban

Reason or Cause of Conflict

Forest Administration (Other than Protected Areas)

Land Conflict Summary

Residents of the basti or settlement called Kavte Khadi, in Versova mangrove lands, in Mumbai, have been at the receiving end of state led demolitions since 2018. The land on which the settlements are constructed was declared a part of protected forests has been a persistent site of contention.

According to the Naveen Yadav, a resident of Kavte Khadi since the past 26 years, their settlement has been facing with state led demolitions. "Previously, when the collector used to demolish our houses, we would reconstruct and begin living in the same place again. But from 2018 onwards, Shashi Ranjan, an activist based in formal colonies close to our settlements, has been making regular complaints against the basti. This has led to more frequent demolitions," said Yadav while speaking to LCW.

Following an order of the Bombay High Court issued in September 2018, all government lands which had mangroves were declared as reserved forests by the Maharashtra government.

In 2019, settlements in Versova were demolished by the District Collector of Suburban Mumbai, affecting 150 people. The residents managed to reconstruct their houses on the same land.

In April 2022, 51 households were evicted from the mangroves by the Maharashtra Forest Department. The eviction was steered by the Mangrove Cell of the department. "This time we are unable to reconstruct our homes as forest officials surveil the place daily, forcing us to live on footpaths," added Yadav.

While the basti residents have been facing demolitions, residents of formal residential complexes around Kavte Khadi organised themselves under the banner of Yari Road Bachao community. Led by Shashi Ranjan, they have accused the slum dwellers of encroaching over mangroves and causing environmental degradation. The push for evicting slum dwellers from mangroves was also raised in the state legislative assembly by Bharati Lavekar, the representative from Versova constituency.

After the evictions many families are now living on the footpath or have been rendered homeless and shelter-less.

Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Type of Common Land

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Indian Forest Act, 1927
Section 3 [State government may constitute any forestland as reserved forest] Section 26 [Acts prohibited in forest to include trespass] Section 72 [State government may invest any forest office with the power to hold inquiry into forest offences]
Coastal Regulation Zone Notification, 2011
Para 7 [Category I (CRZ-I) to be protected by the Coastal Regulation Zone Authority include mangroves of more than 1000 sq. mt. and other ecologically sensitive areas. A buffer zone of at least 50 metres along the mangroves was ordered to be included in the CRZ-I.]
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others.
Report of the Special Rapporteur on Adequate Housing, A/HRC/RES/43/14, dated July 6, 2020
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others.
In re: T.N. Godavarman Thirumulpad v. Union of India and Ors. (WP (C) No. 202 of 1995, Supreme Court)
The Supreme Court held that the word forest has to be understood according to its dictionary meaning. This description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise. Further, “forest land” according to Forest Conservation Act must also include any area recorded as forest by the Government irrespective of ownership.
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Non-rehabilitation of displaced people

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Bombay High Court

Case Number

PIL no. 87 of 2006

Main Reasoning/Decision of court

In 2005, the High Court had passed an interim order directing the state government to carry out satellite mapping of mangrove forests and to prevent the destruction of the forests. Such areas must be declared as reserved forests and protected accordingly. In 2018, the Bombay High Court passed a judgment noting the importance of mangroves through various legal provisions, such as the Coastal Regulation Zone Notification 2011, and judicial precedent, such as in the case of In re: T.N. Godavarman Thirumulpad v. Union of India and Ors. The case is concerned with the protection and restoration of mangrove forests in the state. The High Court reaffirmed the 2005 order and stated that there would be a total freeze on the destruction of the mangrove forests. Regardless of the ownership of the land, constructions within 50 metres of the mangroves would be stopped. Whereas the High Court directed the state government to take necessary action to protect the mangroves that had been illegally claimed, it also directed that a grievance redress mechanism to be set up. However, this mechanism was primarily to allow members of the public to lodge complaints about activities harming the mangroves.

Major Human Rights Violations Related to the Conflict:

Displacement

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

Protests/marches

Government Departments Involved in the Conflict:

Forest Department, Municipal Corporation of Greater Mumbai

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Children standing in front of their demolished homes

Image Credit:  

Naveen Yadav

Demolished homes

Image Credit:  

Naveen Yadav

Video

Residents of the basti or settlement called Kavte Khadi, in Versova mangrove lands, in Mumbai, have been at the receiving end of state led demolitions since 2018. The land on which the settlements are constructed was declared a part of protected forests has been a persistent site of contention.

According to the Naveen Yadav, a resident of Kavte Khadi since the past 26 years, their settlement has been facing with state led demolitions. "Previously, when the collector used to demolish our houses, we would reconstruct and begin living in the same place again. But from 2018 onwards, Shashi Ranjan, an activist based in formal colonies close to our settlements, has been making regular complaints against the basti. This has led to more frequent demolitions," said Yadav while speaking to LCW.

Following an order of the Bombay High Court issued in September 2018, all government lands which had mangroves were declared as reserved forests by the Maharashtra government.

In 2019, settlements in Versova were demolished by the District Collector of Suburban Mumbai, affecting 150 people. The residents managed to reconstruct their houses on the same land.

In April 2022, 51 households were evicted from the mangroves by the Maharashtra Forest Department. The eviction was steered by the Mangrove Cell of the department. "This time we are unable to reconstruct our homes as forest officials surveil the place daily, forcing us to live on footpaths," added Yadav.

While the basti residents have been facing demolitions, residents of formal residential complexes around Kavte Khadi organised themselves under the banner of Yari Road Bachao community. Led by Shashi Ranjan, they have accused the slum dwellers of encroaching over mangroves and causing environmental degradation. The push for evicting slum dwellers from mangroves was also raised in the state legislative assembly by Bharati Lavekar, the representative from Versova constituency.

After the evictions many families are now living on the footpath or have been rendered homeless and shelter-less.

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Type of Common Land

Forest

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Indian Forest Act, 1927
Section 3 [State government may constitute any forestland as reserved forest] Section 26 [Acts prohibited in forest to include trespass] Section 72 [State government may invest any forest office with the power to hold inquiry into forest offences]
Coastal Regulation Zone Notification, 2011
Para 7 [Category I (CRZ-I) to be protected by the Coastal Regulation Zone Authority include mangroves of more than 1000 sq. mt. and other ecologically sensitive areas. A buffer zone of at least 50 metres along the mangroves was ordered to be included in the CRZ-I.]
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others.
Report of the Special Rapporteur on Adequate Housing, A/HRC/RES/43/14, dated July 6, 2020
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others.
In re: T.N. Godavarman Thirumulpad v. Union of India and Ors. (WP (C) No. 202 of 1995, Supreme Court)
The Supreme Court held that the word forest has to be understood according to its dictionary meaning. This description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise. Further, “forest land” according to Forest Conservation Act must also include any area recorded as forest by the Government irrespective of ownership.
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Non-rehabilitation of displaced people

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Bombay High Court

Case Number

PIL no. 87 of 2006

Main Reasoning/Decision of court

In 2005, the High Court had passed an interim order directing the state government to carry out satellite mapping of mangrove forests and to prevent the destruction of the forests. Such areas must be declared as reserved forests and protected accordingly. In 2018, the Bombay High Court passed a judgment noting the importance of mangroves through various legal provisions, such as the Coastal Regulation Zone Notification 2011, and judicial precedent, such as in the case of In re: T.N. Godavarman Thirumulpad v. Union of India and Ors. The case is concerned with the protection and restoration of mangrove forests in the state. The High Court reaffirmed the 2005 order and stated that there would be a total freeze on the destruction of the mangrove forests. Regardless of the ownership of the land, constructions within 50 metres of the mangroves would be stopped. Whereas the High Court directed the state government to take necessary action to protect the mangroves that had been illegally claimed, it also directed that a grievance redress mechanism to be set up. However, this mechanism was primarily to allow members of the public to lodge complaints about activities harming the mangroves.

Major Human Rights Violations Related to the Conflict:

Displacement

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Protests/marches

Government Departments Involved in the Conflict:

Forest Department, Municipal Corporation of Greater Mumbai

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
Children standing in front of their demolished homes

Children standing in front of their demolished homes

Image Credit:  

Naveen Yadav

Children standing in front of their demolished homes

Demolished homes

Image Credit:  

Naveen Yadav

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch

Other Land Conflicts in Maharashtra

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