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Legal Review by
Edited by
Updated by
Published on
March 19, 2024
March 20, 2024
Edited on
March 19, 2024
On January 3, 2023, a large number of police personnel along with a demolition squad entered Lumbini Bagh, Govandi, Mumbai to demolish houses and pave way for slum redevelopment. The residents resisted the eviction, but two houses were razed down by the squad.
The residents of Lumbini Bagh elected a managing housing committee for the redevelopment of the slum on August 21, 2006. The committee had appointed had appointed Reliable Realtors for the redevelopment of 1,411 houses of Lumbini Bagh.
Since 2014-15, Reliable Realtors was engaged in redevelopment of slums in the nearby village of Deonar in Bhimwadi as well. Whereas, various permissions were issued for the Bhimwadi slum rehabilitation scheme from time to time, the project came to a standstill in March 2021. In December 2023, the residents of Bhimwadi elected to have another developer take over the project due to the non-performance of Reliable Realtors.
In 2022, Reliable Realtors signed a memorandum of understanding with Tanishka Reality LLP of Ghatkopar. Through this MOU, Tanishka builder clubbed the redevelopment of Lokhit co-op housing society, Ghatkopar, with the redevelopment of Lumbini Bagh. The redevelopment of Lokhit co-op housing society required the Tanishka builder to provide the Municipal Corporation of Greater Mumbai with 196 Permanent Transit Tenements in the specified redevelopment plot or club the Permanent transit tenements in a slum redevelopment project within 5km of the redevelopment plot. Tanishka builders therefore, decided to shift the Permanent transit camp on redevelopment plot of Lumbini Bagh in exchange of financial support of Rs 105.37 crore to Reliable builder for phase 1 of Lumbini Bagh redevelopment involving rehabilitation and eviction of 357 homes in Lumbini Bagh.
The housing committee elected by the residents did not inform about the agreement between Reliable Realtors and Tanishka Reality_ to the residents. _In December 2023, the residents started receiving eviction orders under section 33 and section 38 of Maharashtra Slum Act 1971 before the builder deposited the necessary transit rent with the Slum Rehabilitation Authority and individual agreements with each residents.
Furthermore, the police came with a demolition squad on 3 January 2023 and razed down two houses without following the procedure. After this, the residents held a large protest gathering in the slum. This led to a meeting with the CEO of SRA to complain about the procedural violation.
The CEO called for a joint meeting with the developer, residents and their committee to resolve the conflict. The CEO ruled in the favour of the residents and imposed strict monitoring regulations on the developer to follow the procedures.
Complaint against procedural violations
Demand for compensation
Demand to retain/protect access to common land/resources
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):
₹
105.37
Type of investment:
Cost of Project
Year of Estimation
2022
Page Number In Investment Document:
5
Has the Conflict Ended?
Yes
When did it end?
January 2024
Why did the conflict end?
Community's original demands were met
The CEO of SRA approved the two demands of the community
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.
Whether claims/objections were made as per procedure in the relevant statute
Yes
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:
Forced evictions/dispossession of land
Non-payment of compensation/promised compensation
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Chief Executive Officer, Slum Rehabilitation Authority
Name(s) of the Court(s)
Bombay High Court
Case Number
WP 34498/2023 (OS) [HC],
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Complaints/petitions/letters/memorandums to officials
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:
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 gathering against forceful eviction in Lumbini bagh
Image Credit:
Shubham kothari
Image Credit:
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