Maharashtra
,
Malad
,
Mumbai Suburban
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
250 families evicted without rehabilitation amid heavy rainfall in Mumbai's Malad
Reported by
Shubham Kothari
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
250
Households affected
1000
People Affected
2023
Year started
12
Land area affected
250
Households affected
1000
People Affected
2023
Year started
12
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

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.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

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?

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?

Author
Reported by
Shubham Kothari

Maharashtra

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

Read More

Latest updates
Rajasthan
Rajasthan

UIT Bikaner's Jorbeer Housing Project on Stalls Following Rajasthan High Court Order

Rajasthan
Rajasthan

Jaipur Development Authority Acquires Land for Township Project, Ending Conflict

Uttar Pradesh
Uttar Pradesh

Farmers land acquired under Mansarovar Housing Scheme in Lucknow

Maharashtra
Maharashtra

Citizens unite against cycle track around Powai, Vihar Lakes in Mumbai

Jharkhand
Jharkhand

Families displaced by Mandal Dam in Jharkhand opppose project resumption

Jharkhand
Jharkhand

Jharkhand approves Adani's thermal plant, farmers allege violation of LARR Act

Gujarat
Gujarat

Pastoral Community in Gujarat's Banni Grasslands Demands Titles Recognising Community Forest Rights

Uttar Pradesh
Uttar Pradesh

Builder Encroaches Upon Farmers Land in Gosaiganj Lucknow, 150 Allottees in Lurch

Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

250 families evicted without rehabilitation amid heavy rainfall in Mumbai's Malad

Reported by

Shubham Kothari

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

November 16, 2023

November 18, 2023

Edited on

November 16, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Starting Year

2023

Land Area Affected (in Hectares)

12

ha

Households Affected by Conflict

250

People Affected by Conflict

1000

State

Maharashtra

Sector

Infrastructure

People Affected by Conflict

1000

Households Affected by Conflict

250

Land Area Affected (in Hectares)

12

ha

Starting Year

2023

Location of Conflict

Malad

Mumbai Suburban

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Land Conflict Summary

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.

Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Type of Common Land

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?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Maharashtra Land Revenue Code, 1966
Section 50 [The collector has the power to remove encroachments and collect fines from said encroachers. Collector may also publish a notice require encroachments to be removed.] Section 53 [The collector has the power to evict persons unauthorizedly occupying government land. A reasonable opportunity to be heard must be given to all evictees.]
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
Section 3Z [State government must consider relocation and rehabilitation of occupants falling under this Act before eviction] 
Maharashtra Regional and Town Planning Act, 1966
The High Court in the case had directed that before any eviction, the relevant authority must identify evictees eligible for relocation and rehabilitation. The state authorities must also ensure that basic civic liberties are ensured at the site of relocation. The Supreme Court confirmed this decision and stated that the directions passed in the High Court judgment must be complied with precisely.
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The High Court in the case had directed that before any eviction, the relevant authority must identify evictees eligible for relocation and rehabilitation. The state authorities must also ensure that basic civic liberties are ensured at the site of relocation. The Supreme Court confirmed this decision and stated that the directions passed in the High Court judgment must be complied with precisely.
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.
  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

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

Reported Details of the Violation:

Date of Violation

July 18, 2023

Location of Violation

Malad

Additional Information

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:

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

Protest in azad maidan

Image Credit:  

Shubham Waydande

Demolition premise

Image Credit:  

Shubham Kothari

Video

Other Land Conflicts in Maharashtra

cross
    Not a member yet?
    Sign up now
    Conflicts Map
    Conflict Database
    About Us