Maharashtra
Indira Nagar, kherwadi, bandra, mumbai
,
,
Mumbai
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Evicted for the protection of Tansa water pipeline; affected people still await rehabilitation in Mumbai
Reported by
Shubham Kothari
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
281
Households affected
1000
People Affected
2009
Year started
Land area affected
281
Households affected
1000
People Affected
2009
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

People who were living in settlements around the Tansa water pipeline in Mumbai continue to await rehabilitation after their eviction. There exists a long history of litigation which eventually led to their eviction.

In 2006, a non governmental organisation called Janhit Manch filed a petition in Bombay High Court. They requested the court for measures to protect the Tansa water pipeline, which runs over the ground. The NGO claimed that the pipeline was surrounded by encroachments, which is putting it at risk from damage and attacks from terrorists who could poison the water or disrupt water supply to Mumbai.

In 2009, the High court ordered the removal of encroachments situated within 10 metres of the pipeline, along its entire stretch. The number of settlements that were to face eviction based on this order is 16,409. The order also laid out certain year based criteria for determining eligibility of households for rehabilitation. These evictions were implemented by the Municipal Corporation of Greater Mumbai (MCGM) in batches. If implemented in full, this will likely be one of the largest eviction drives to be undertaken in Mumbai. Another name by MCGM is known as is Brinhanmumbai Municipal Corporation or BMC.

In 2017, 436 households were evicted from Indira Nagar, a settlement located close to the pipeline in Bandra. Out of which 155 were declared eligible for rehabilitation while the remaining 281 were found ineligible for that. These households filed appeals to MCGM, challenging their ineligibility. In 2018, they filed a petition in the Bombay High Court requesting the court to direct a timely disposal of their appeals. In the meantime, rendered homeless by the eviction, they began living in the same area in plastic tents.

LCW spoke to one of the affected residents, Gangaram Hivrale. He said, "earlier we used to have everything – light, water, toilets. But now they have demolished their homes. They are not even hearing our appeals for five years now. We are suffering so much because of this."

They also filed an application for relief to the Maharashtra State Human Rights Commission, which in 2019 directed MCGM to provide alternate accommodation arrangements to the 281 households as well within three months.

On the other hand the households that were rehabilitated were given alternate living arrangements in Mahul. Even though the site was found to have poor air quality by the Western Zonal Bench of the National Green Tribunal in 2015, in a separate matter.

In September 2017, the Maharashtra state government announced a 39 Km cycle track project along the pipeline in the same area from which all the High Court had directed the removal of encroachments for the pipeline's protection.

In 2018, the High Court further issued directions through two separate orders for the eviction of all the remaining households. However, in 2019, hearing the petition filed by project affected persons who were resettled in Mahul, the Bombay High Court ordered the state government to address the concerns of the rehabilitated people. And that they cannot be resettled in a place which is known to be polluted.

The evicted residents of Indira Nagar colony continue to await rehabilitation from the state government. According to Hivrale, a few of them are still residing around the pipeline, while others have found rented accommodation elsewhere.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for compensation

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.

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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for compensation

Evicted for the protection of Tansa water pipeline; affected people still await rehabilitation in Mumbai

Reported by

Shubham Kothari

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

March 15, 2023

May 31, 2023

Edited on

March 15, 2023

Sector

Land Use

Reason or Cause of Conflict

Encroachment by Non-Right Holders (Other than Caste-based)

Infrastructure related

Starting Year

2009

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

281

People Affected by Conflict

1000

State

Maharashtra

Sector

Land Use

People Affected by Conflict

1000

Households Affected by Conflict

281

Land Area Affected (in Hectares)

ha

Starting Year

2009

Location of Conflict

Indira Nagar, kherwadi, bandra, mumbai

Mumbai

Reason or Cause of Conflict

Encroachment by Non-Right Holders (Other than Caste-based)

Infrastructure related

Land Conflict Summary

People who were living in settlements around the Tansa water pipeline in Mumbai continue to await rehabilitation after their eviction. There exists a long history of litigation which eventually led to their eviction.

In 2006, a non governmental organisation called Janhit Manch filed a petition in Bombay High Court. They requested the court for measures to protect the Tansa water pipeline, which runs over the ground. The NGO claimed that the pipeline was surrounded by encroachments, which is putting it at risk from damage and attacks from terrorists who could poison the water or disrupt water supply to Mumbai.

In 2009, the High court ordered the removal of encroachments situated within 10 metres of the pipeline, along its entire stretch. The number of settlements that were to face eviction based on this order is 16,409. The order also laid out certain year based criteria for determining eligibility of households for rehabilitation. These evictions were implemented by the Municipal Corporation of Greater Mumbai (MCGM) in batches. If implemented in full, this will likely be one of the largest eviction drives to be undertaken in Mumbai. Another name by MCGM is known as is Brinhanmumbai Municipal Corporation or BMC.

In 2017, 436 households were evicted from Indira Nagar, a settlement located close to the pipeline in Bandra. Out of which 155 were declared eligible for rehabilitation while the remaining 281 were found ineligible for that. These households filed appeals to MCGM, challenging their ineligibility. In 2018, they filed a petition in the Bombay High Court requesting the court to direct a timely disposal of their appeals. In the meantime, rendered homeless by the eviction, they began living in the same area in plastic tents.

LCW spoke to one of the affected residents, Gangaram Hivrale. He said, "earlier we used to have everything – light, water, toilets. But now they have demolished their homes. They are not even hearing our appeals for five years now. We are suffering so much because of this."

They also filed an application for relief to the Maharashtra State Human Rights Commission, which in 2019 directed MCGM to provide alternate accommodation arrangements to the 281 households as well within three months.

On the other hand the households that were rehabilitated were given alternate living arrangements in Mahul. Even though the site was found to have poor air quality by the Western Zonal Bench of the National Green Tribunal in 2015, in a separate matter.

In September 2017, the Maharashtra state government announced a 39 Km cycle track project along the pipeline in the same area from which all the High Court had directed the removal of encroachments for the pipeline's protection.

In 2018, the High Court further issued directions through two separate orders for the eviction of all the remaining households. However, in 2019, hearing the petition filed by project affected persons who were resettled in Mahul, the Bombay High Court ordered the state government to address the concerns of the rehabilitated people. And that they cannot be resettled in a place which is known to be polluted.

The evicted residents of Indira Nagar colony continue to await rehabilitation from the state government. According to Hivrale, a few of them are still residing around the pipeline, while others have found rented accommodation elsewhere.

Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for compensation

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 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] 
Mumbai Municipal Corporation Act, 1888
Chapter V-A [The provisions under this chapter give broad powers to the Commissioner of the Municipal Corporation to evict persons from premises of the corporation. The Commissioner is required to issue notice in writing for all affected parties.]
Pradhan Mantri Awas Yojana 2021-22
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.
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.
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  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

Yes

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

Under section 3Z of Maharashtra Slum Area Act, 1971, claims were made for protection from eviction till appropriate rehabilitation. Documents applying under the rehabilitation policy were also submitted by residents. Evictees approached the Maharashtra Human Rights Commission on grounds of the demolition being arbitrary.

What was the Decision of the Concerned Government Department?

The authority under the Slum Clearance Act has not taken any decision on claims for resettlement for the past 6 years. The Maharashtra Human Rights Commission agreed to the violation of right to rehabilitation under the Maharashtra Slum Area Act, 1971 and ordered disposal of appeals in 3 months. However, these orders were also not complied with and the evictees have now approached Bombay High Court.

Legal Processes and Loopholes Enabling the Conflict:

Non-rehabilitation of displaced people

Delay in compensation

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

Maharashtra Human Rights Commission

Name(s) of the Court(s)

Bombay High Court

Case Number

1750/2018 c/w. 165/13/16/2019 (MHRC), PIL No. 140/2006 (Bombay HC)

Main Reasoning/Decision of court

In 2018, the Bombay High Court noted that adequate alternative accommodations have to be made in order for the Municipal Corporation to evict people. A committee headed by the chief secretary of the state, as appointed by the High Court, had recommended constructing structures for accommodating affected communities at Marol and Dindoshi villages. However, the same plots were under dispute as they were reserved for a cancer hospital and public housing as per the draft development plan 2034, at the time. The court noted that due to the urgency of the situation, the State Government must either impose reservation for the said projects or immediately make the land available to the municipal corporation for the alternative accommodation. In Aug 2019, the Bombay High Court disposed of the matter. The land that was sought to be reserved for rehabilitation of the evictees, was not available. The Municipal Corporation decided to rehabilitate the encroaches at Mahul, an area stated to be highly polluted. The evictees have filed 27 writ petitions in the High Court. In April 2019, in these writ petitions, a detailed order was passed noting the various responsibilities of the state government to accommodate the evictees. The Court noted that the amount offered to the evictees for temporary transit accommodation. The Court directed that the state government must pay the evictees a sum of Rs. 45,000 towards the rent deposit as well as a sum of Rs. 15,000 for transit rent expenses per month. The evictees who have already settled in Mahul must be given the option to shift to an accommodation of their own choice. These directions were also stated to be applicable to those evicted after the orders. After the issue of air quality at Mahul is solved, the State Government will have the option to stop the payment of compensation.

Major Human Rights Violations Related to the Conflict:

Displacement

Reported Details of the Violation:

Date of Violation

November 30, 2016

Location of Violation

19.061962090433624, 72.84171877702771

Additional Information

Government Departments Involved in the Conflict:

State Government of Maharashtra

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:

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