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Maharashtra Housing and Area Development Authority renders 250 families homeless after eviction drive in Mumbai

Reported by

Shubham Kothari

Legal Data by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Published on

May 24, 2023

May 26, 2023

Edited on

May 24, 2023

State

Maharashtra

Sector

Infrastructure

People Affected by Conflict

500

Households Affected by Conflict

150

Land Area Affected (in Hectares)

508

ha

Starting Year

Location of Conflict

Mumbai Suburban

Malaad

Mumbai Suburban

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Land Conflict Summary

In March 2023, 150 settlements in the Ambujwadi area were evicted on the grounds that they stood in violation of the provisions of the approved development plan. They were given a notice of 48 hours for removing the unauthorised constructions made by them. Failing which the state would take necessary action for the removal of such constructions. Subsequently, bulldozers were brought in to remove the unauthorised constructions of the settlements.

The procedure for eviction (laid down in section 3Z of Maharashtra Slum Act, 1971 and GR of 16th May 2015 and 2018) on state government (including MHADA) land is preceded by a survey of all residents, followed by checking eligibility for rehabilitation, and rehabilitating the eligible citizens who were evicted. None of these procedure were followed and evictions were conducted in 48 hours.

On 1st March, 2023 every household submitted its individual complaint against violation of procedures and demanded rehabilitation and a proper survey of all residents. On 10th March, people started a sit in protest at the site of demolition. Sarita Nadar, a long term resident of the settlement, told LCW, "We filed an application when our settlement was first demolished in 2017. But we did not receive any rely from the government. They demolish our homes in the name of development, but do no development after that. We then rebuild our homes which are demolished repeatedly. We have now filed for rehabilitation again in 2023."

On 17th March 2023, people went to Union Minister of Social Justice, Ramdas Athawle who supported people's campaign and sent a letter to MHADA demanding due procedure of law and rehabilitation of eligible households. The residents met MHADA officials on 21st March along with Republican Party of India (Athawle) Zhoppadpati Mahasangh's head and demanded rehabilitation.

As of April 2023, the sit in protest continues. The affected community members are preparing to file a case in the court.

Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Complaint against procedural violations

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 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]   Section 56 [Planning Authority may remove any person from its land for unauthorised occupation. Notice must be given at least of one month. 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] 
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.
Pradhan Mantri Awas Yojana, Ministry of Housing and Urban Affairs, 2015
A scheme undertaken by the Central and State Government in 2015 to provide affordable housing for all by 2022
  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

Yes

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

To conduct a survey of eligibility and provide rehabilitation as per the Maharashtra Slum Act 1971.

What was the Decision of the Concerned Government Department?

Yet to be taken, In the initial initial discussions, concerned department has agreed to look into possibility of lapse of procedure followed during eviction

Legal Processes and Loopholes Enabling the Conflict:

Forced evictions/dispossession of land

Non-rehabilitation of displaced people

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

Physical attack

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

The houses were being demolished and people were not being allowed to remove their personal belongings as well, when people attempted to resist they were mildly lathicharged and one person was hit with a bulldozer as well.

Date of Violation

February 21, 2023

Location of Violation

Ambujwadi, Malwani Malad

Additional Information

Nature of Protest

Campaigns (grassroots organisations/press releases/media)

Complaints/petitions/letters/memorandums to officials

Protests/marches

Government Departments Involved in the Conflict:

MHADA

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:

Jan Haq Sangharsh Samiti - Ambujwadi

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?

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 site in Ambujwadi

Image Credit:  

Shubham Kothari

People removing their property before demolition

Image Credit:  

Ruksana Khan

Video

In March 2023, 150 settlements in the Ambujwadi area were evicted on the grounds that they stood in violation of the provisions of the approved development plan. They were given a notice of 48 hours for removing the unauthorised constructions made by them. Failing which the state would take necessary action for the removal of such constructions. Subsequently, bulldozers were brought in to remove the unauthorised constructions of the settlements.

The procedure for eviction (laid down in section 3Z of Maharashtra Slum Act, 1971 and GR of 16th May 2015 and 2018) on state government (including MHADA) land is preceded by a survey of all residents, followed by checking eligibility for rehabilitation, and rehabilitating the eligible citizens who were evicted. None of these procedure were followed and evictions were conducted in 48 hours.

On 1st March, 2023 every household submitted its individual complaint against violation of procedures and demanded rehabilitation and a proper survey of all residents. On 10th March, people started a sit in protest at the site of demolition. Sarita Nadar, a long term resident of the settlement, told LCW, "We filed an application when our settlement was first demolished in 2017. But we did not receive any rely from the government. They demolish our homes in the name of development, but do no development after that. We then rebuild our homes which are demolished repeatedly. We have now filed for rehabilitation again in 2023."

On 17th March 2023, people went to Union Minister of Social Justice, Ramdas Athawle who supported people's campaign and sent a letter to MHADA demanding due procedure of law and rehabilitation of eligible households. The residents met MHADA officials on 21st March along with Republican Party of India (Athawle) Zhoppadpati Mahasangh's head and demanded rehabilitation.

As of April 2023, the sit in protest continues. The affected community members are preparing to file a case in the court.

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Type of Common Land

Non-Forest (Other than Grazing Land)

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

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]   Section 56 [Planning Authority may remove any person from its land for unauthorised occupation. Notice must be given at least of one month. 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] 
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.
Pradhan Mantri Awas Yojana, Ministry of Housing and Urban Affairs, 2015
A scheme undertaken by the Central and State Government in 2015 to provide affordable housing for all by 2022
  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

Yes

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

To conduct a survey of eligibility and provide rehabilitation as per the Maharashtra Slum Act 1971.

What was the Decision of the Concerned Government Department?

Yet to be taken, In the initial initial discussions, concerned department has agreed to look into possibility of lapse of procedure followed during eviction

Legal Processes and Loopholes Enabling the Conflict:

Forced evictions/dispossession of land

Non-rehabilitation of displaced people

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

Physical attack

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

The houses were being demolished and people were not being allowed to remove their personal belongings as well, when people attempted to resist they were mildly lathicharged and one person was hit with a bulldozer as well.

Date of Violation

February 21, 2023

Location of Violation

Ambujwadi, Malwani Malad

Nature of Protest

Campaigns (grassroots organisations/press releases/media)

Complaints/petitions/letters/memorandums to officials

Protests/marches

Government Departments Involved in the Conflict:

MHADA

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Milind Borikar, Chief Officer MHADA. He ordered lower officials involved in demolition process to check lapse of due procedure of law in deciding eligibility prior to evictions.

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:

Jan Haq Sangharsh Samiti - Ambujwadi

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
Protest site in Ambujwadi

Protest site in Ambujwadi

Image Credit:  

Shubham Kothari

Protest site in Ambujwadi

People removing their property before demolition

Image Credit:  

Ruksana Khan

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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