Maharashtra
,
Mumbai
,
Mumbai
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Adani's Dharavi Redevelopment Plan ignites fear of eviction and displacement among residents
Reported by
Shubham Kothari
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
59000
Households affected
1000000
People Affected
Year started
259
Land area affected
59000
Households affected
1000000
People Affected
Year started
259
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

Opposition parties on December 16, 2023 marched in large numbers against the Adani Group, protesting the Rs 23,000-crore Dharavi Redevelopment Project (DRP) to revamp one of the world's largest slums located in Mumbai.

Protesters, led by Shiv Sena (UBT) chief Uddhav Thackery, took out a rally from T Junction in Dharavi to Adani Realty office in BKC holding banners of “Remove Adani, Save Dharavi”. Dubbing it "the world’s biggest Transfer of Development Rights (TDR) scam", Uddhav demanded that residents of Dharavi must get 500 square-feet houses within the Dharavi enclave and not on the railway land, which is on rental basis.

Adani Properties was handed the 259-hectare Dharavi redevelopment project in November 2022 after it emerged as the highest bidder through a competitive bidding.

This, however, is not the first attempt by the Maharashtra government to redevelop Dharavi. In 2003-04, the Government of Maharashtra had decided to redevelop Dharavi as an integrated planned township and an action plan for implementation of Dharavi Redevelopment was approved by its Government Resolution dated February 2, 2004.

Back then, the government had decided to develop Dharavi by using land as resource to cross-subsidise the cost of development through sale component on the basis Slum Rehabilitation Scheme by dividing it into sectors and by appointing developers for the same. The government had also decided to notify the whole of Dharavi as undeveloped area and to appoint a Special Planning Authority for planning and development.

Over several years, global tenders were floated in 2007, 2009, 2011, 2016, 2018 and 2022. The number of applicants varied significantly, ranging from 101 in 2007 to none in some instances. Finally, in November 2022, Adani Properties Private Limited successfully secured the 259-hectare redevelopment project through competitive bidding. The conglomerate quoted Rs 5,069 crore for the project, while the DLF Group submitted a bid of Rs 2,025 crore.  

Opposition parties and civil society groups from Dharavi have opposed the project on the grounds of biases in favour of the Adani Group. The government has mandated all builders to buy the first 40% Total Development Rights (TDR) for their projects from Adani's Dharavi project, and at a higher price. TDR allows a developer to build a property over and above the permissible Floor Space Index (FSI) under the prevalent rules of the respective locations. On the back of growing urbanization and lack of availability of space, TDR assumes a greater importance especially in the suburban areas of the cities.

Furthermore, the government has increased FSI which can lead to highly dense, poorly built houses. Experts say that these changes in rules indicate that the government is prioritising profits for developer over the interests of Dharavi residents.

Meanwhile, Mumbai Congress chief and MLA from Dharavi, Varsha Gaikwad, raised the issue of harassment of residents at the hand of local goons and retired cops to forcefully evict them from their houses in Dharavi.  

Gaikwad, who also took part in the rally against the DRP, said some of the residents were served eviction notices in the middle of the night through unauthorised sources and were asked to clear out within four days. 

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

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, Commercial

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

23000

Type of investment:

Investment Expected

Year of Estimation

2022

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.

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Fact sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Adani's Dharavi Redevelopment Plan ignites fear of eviction and displacement among residents

Reported by

Shubham Kothari

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

January 1, 2024

January 2, 2024

Edited on

January 1, 2024

Sector

Infrastructure

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Starting Year

Land Area Affected (in Hectares)

259

ha

Households Affected by Conflict

59000

People Affected by Conflict

1000000

State

Maharashtra

Sector

Infrastructure

People Affected by Conflict

1000000

Households Affected by Conflict

59000

Land Area Affected (in Hectares)

259

ha

Starting Year

Location of Conflict

Mumbai

Mumbai

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Land Conflict Summary

Opposition parties on December 16, 2023 marched in large numbers against the Adani Group, protesting the Rs 23,000-crore Dharavi Redevelopment Project (DRP) to revamp one of the world's largest slums located in Mumbai.

Protesters, led by Shiv Sena (UBT) chief Uddhav Thackery, took out a rally from T Junction in Dharavi to Adani Realty office in BKC holding banners of “Remove Adani, Save Dharavi”. Dubbing it "the world’s biggest Transfer of Development Rights (TDR) scam", Uddhav demanded that residents of Dharavi must get 500 square-feet houses within the Dharavi enclave and not on the railway land, which is on rental basis.

Adani Properties was handed the 259-hectare Dharavi redevelopment project in November 2022 after it emerged as the highest bidder through a competitive bidding.

This, however, is not the first attempt by the Maharashtra government to redevelop Dharavi. In 2003-04, the Government of Maharashtra had decided to redevelop Dharavi as an integrated planned township and an action plan for implementation of Dharavi Redevelopment was approved by its Government Resolution dated February 2, 2004.

Back then, the government had decided to develop Dharavi by using land as resource to cross-subsidise the cost of development through sale component on the basis Slum Rehabilitation Scheme by dividing it into sectors and by appointing developers for the same. The government had also decided to notify the whole of Dharavi as undeveloped area and to appoint a Special Planning Authority for planning and development.

Over several years, global tenders were floated in 2007, 2009, 2011, 2016, 2018 and 2022. The number of applicants varied significantly, ranging from 101 in 2007 to none in some instances. Finally, in November 2022, Adani Properties Private Limited successfully secured the 259-hectare redevelopment project through competitive bidding. The conglomerate quoted Rs 5,069 crore for the project, while the DLF Group submitted a bid of Rs 2,025 crore.  

Opposition parties and civil society groups from Dharavi have opposed the project on the grounds of biases in favour of the Adani Group. The government has mandated all builders to buy the first 40% Total Development Rights (TDR) for their projects from Adani's Dharavi project, and at a higher price. TDR allows a developer to build a property over and above the permissible Floor Space Index (FSI) under the prevalent rules of the respective locations. On the back of growing urbanization and lack of availability of space, TDR assumes a greater importance especially in the suburban areas of the cities.

Furthermore, the government has increased FSI which can lead to highly dense, poorly built houses. Experts say that these changes in rules indicate that the government is prioritising profits for developer over the interests of Dharavi residents.

Meanwhile, Mumbai Congress chief and MLA from Dharavi, Varsha Gaikwad, raised the issue of harassment of residents at the hand of local goons and retired cops to forcefully evict them from their houses in Dharavi.  

Gaikwad, who also took part in the rally against the DRP, said some of the residents were served eviction notices in the middle of the night through unauthorised sources and were asked to clear out within four days. 

Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

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, Commercial

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

23000

Type of investment:

Investment Expected

Year of Estimation

2022

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 Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
Section 3(1) [Declaration of an area as a 'slum area' by state government]; Section 3A [Appointment of a slum rehabilitation authority for areas falling under the Act. Such officials to ensure rehabilitation scheme for slums is implemented.] Section 3Z [State government must consider relocation and rehabilitation of occupants falling under this Act before eviction] 
Maharashtra Regional and Town Planning Act, 1966
Section 33 [Planning authority may prepare comprehensive plans for development of particular areas, including slum areas. Such plans must go through the same procedure of public consultation]
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.
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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.

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-consultation with stakeholders

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:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Slum Rehabilitation Authority

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:

Adani Group

Did LCW Approach Corporate Parties for Comments?

No

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

Image Credit:  

Image Credit:  

Video

Uddhav and Aaditya Thackeray take part in rally against Adani's Dharavi Redevelopment plan | Credit: Shubham Kothari

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