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Legal Review by
Edited by
Updated by
Published on
November 16, 2023
November 18, 2023
Edited on
November 16, 2023
At least 250 families were left without a roof over their heads amid heavy rainfall in Malad's Ambujwadi after authorities demolished illegal huts in the slum cluster on 19 July, 2023.
The demolition forced families, including children, pregnant women, elderly and sick persons to build makeshift shelters in the rubble, using sticks and tarpaulin in order to protect themselves from the harsh rainfall. Residents claimed they were not provided any alternative accommodation and authorities even prevented them from collecting their belongings and important documents.
The move drew criticism from several quarters over the timing of demolition as it made it difficult for residents, mostly daily wage workers, to arrange for food, water and medicines. An orange alert was also issued for the Mumbai Suburban District for 19 July, the day the demolition drive was carried out in the area.
Ambujwadi is a large slum cluster with nearly 20,000 houses located near the Malad creek in western suburb of Mumbai. Another round of demolitions had taken place on June 1 and June 6.
Residents claimed that the demolition drives took place without issuing any notice or giving any reason for its urgency. Deputy Collector Snehal Joshi told the Hindustan Times that the Guardian minister, Shri Mangal Prabhat Lodha, had instructed them to act against illegal shops and encroachments in Malad. The minister had ordered Upper District Collector, Pankaj Deore, and Deputy Collector (encroachment/eviction), Tanuja Vadnere, to use all powers endowed under Section 50 of Maharashtra Land Revenue Act, 1966 to remove encroachers.
The minutes of the meeting held by the minister revealed that even though the eviction was put on top priority, there was no mention of the need to evict.
Following protests by Ambujwadi residents demanding roof over heads amid harsh rainfall, Additional Collector, Pankaj Deore, promised the residents that the eviction drive would be halted till the monsoon. He also assured the construction of a boundary wall around the demolished areas.
These demolitions occurred in contravention of the Government Resolution (GR) by the Municipal Corporation of Greater Mumbai (MCGM), which refers to State Government circulars stating “unauthorised slum or other unauthorised structures on all government, semi-government or private lands in the state shall not be demolished during the monsoon i.e from 1 June to 30 September”. Despite this, demolitions were carried out by the Upper District Collector and Deputy Collector (encroachment) for Malad.
These demolitions were carried out under cover of a purported undated and unsigned backdated notice which was displayed on a billboard stating that the notice had been issued under Section 50 of the Maharashtra Land Revenue Code. The notice put up in the settlement for demolition on 19 July carried the date of 2 June. Residents claimed that officials usually use backdated notice to show some paperwork in case slum dwellers approach court.
On 19 July, temporary shelters of people, a non-government organisation's educational institute and around 60 housing structures in Ambujwadi were demolished in the area. Immanuel study centre, which served as an unregistered school for children from primary to fourth grade, was torn down. With the skeleton of the educational institute’s hall still standing, the ten teachers who taught at the school had constructed a makeshift shelter for some of the school’s belongings, so that they could respond to the parents of the 350 students enrolled.
“The authorities didn’t even spare the school even as students were studying inside. We shifted them to two classrooms, after which we had to take them out while they demolished the whole structure. We’re thinking about what we can do next,” said a teacher, Vijay.
On August 3 and 4, nearly 250 people protested in Azad Maidan in Mumbai to meet the Housing Minister of state, Atul Save. The protesters demanded compensation for losses, immediate rehabilitation and an inquiry into illegal evictions. Further, they demanded that the authorities follow correct procedures.
On August 4, the housing minister met the protesters and assured them of the government's support and an inquiry into the eviction.
Complaint against procedural violations
Demand for rehabilitation
Urban
Common
Non-Forest (Other than Grazing Land)
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?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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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.
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.
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.
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.
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.
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
No
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
Forced evictions/dispossession of land
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
July 18, 2023
Location of Violation
Malad
Nature of Protest
Protests/marches
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Upper District Collector, Mumbai Suburban (Western)
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:
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?
Protest in azad maidan
Image Credit:
Shubham Waydande
Demolition premise
Image Credit:
Shubham Kothari
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