NAPM - People’s Commission Report on Special Rehabilitation Scheme

By Dilip -
NATIONAL ALLIANCE OF PEOPLE'S MOVEMENTS 
A Wing First Floor, Haji Habib Building, Naigaon Cross Road
Dadar (E), Mumbai - 400 014 Ph. No-2415 0529 E-mail: napmindia@gmail.com
6/6, Jangpura B, New Delhi 110014. Phone : 9818905316
People’s Commission Report on Special Rehabilitation Scheme Released
SRA Projects full of Illegalities and Irregularities, Demands Cancellation of Fraudulent Projects and Demands implementation of RAY
Mumbai, June 24th : People’s Commission Report on Slum Rehabilitation Scheme in Mumbai was released today by Justice (retd.) B N Deshmukh, High Court, Aurangabad. The Commission was appointed by NAPM in order that a thorough enquiry could take place in to the irregularities and illegalities complained by hundreds and thousands of the slum dwellers included in the Scheme. The Commission was also appointed since the government of Maharashtra went back on its promise to appoint a joint enquiry committee to look in to 15 SRA projects, with Justice Suresh as Chairperson. This promise was given during the nine day fast by Medha Patkar and others while the official notifications were modified giving false reasons of Court’s directive and the enquiry was transferred to High Power Committee. Having no faith in the HPC, the people’s movements, Ghar Bachao Ghar Banao Andolan and others decided to continue the struggle, and forcing the State government to finally appoint a Committee under the Principal Secretary, Housing to undertake the enquiry into Six SRA projects in January 2013.

In this context NAPM decided to go in for a parallel enquiry from the eminent experts panel as an initiative from the civil society, under the chairmanship of Justice H Suresh. Other members included Smt Amita Bhide, Prof. TISS, urban habitat policy expert & member of the High Power Expert Group appointed by High Court, Mumbai in 2005; Sh. Chandrashekhar, architect and member of High-rise Buildings Committee, Govt of Maharashtra; Shri S Suradkar, former Inspector General of Police andSimpreet Singh, senior social activist. The panel went through a long process of investigation for months, conducted public hearings, visited the SRA areas and communities, invited and heard developers who appeared before the Commission and referred to the submissions made by the residents, their groups and organisations as well as the developers. The Commission also referred to secondary data and information available in various policy documents and reports. The Commission benefitted from the long experience and research of the panel members as senior policy interveners.

The Report has brought out a number of frauds and illegalities infesting the SRA projects and the serious flaws in to the SR Scheme itself. It indicates how the developers – politicians – bureaucrats together have favoured the builders more often than the residents and permitted violations of laws, rules and the scheme itself. The Scheme’s objective of the rehabilitation is often marred since displacement of hundreds of families without rehabilitation has also been a result of wrong application and corruption in the eligibility criteria and list of beneficiaries evolved thereby. With no registered agreements in the hands of the residents, the Commission has reported a number of cases where they are cheated or kept hanging in the non livable transit camps or the rented houses without the rent being paid regularly. The report brings out the stories of oppression and repression by the residents of decades old communities who are driven out using intimidation and luring tactics, ultimately to dump them, violating their rights. False cases filed against the residents, unrequired questioning of residents by police are used as harassment tactics. The Report exposes the role of the police in favouring the developers, many a times not admitting the FIRs and compelling the residents to run from dawn to dusk and reach the Courts at enormous costs.

An important highlight of the Report is regarding the transfer of the land to the builders which the scheme legitimizes, going against the expected principle and goal of equitable land use in the megalopolis of Mumbai where 60% of population being slumdwellers, resides on not more than 9.24 percent of Mumbai’s land. The allotment of land out of the communities land to the investor builder has attracted the politicians and others to also come forward and become partners in SRA schemes. This, as Report brings out, has resulted in complacency and favouritisim within the sanctioning and monitoring authorities such as SRA and Revenue department with the builders and have left the residents with little or no channel for redressal of their grievances. The Commission has concluded, going beyond the CAG report which shows that instead of 8 lakh houses only 1.5 lakh houses have been constructed under SRS since 1996 till 2011, that the Scheme is more or less a failure in terms of strengthening the Cooperatives of slum dwellers and rehabilitating them at a better standard of living.

The Report goes into the details of 6 SRA projects including Shiv Koliwada, Ramnagar (Ghatkopar), Ambedkar Nagar (Mulund), Indira Nagar (Jogeshwari), Chandivili (Mahendra and Sommaiyya quarries) and Golibar (Khar). These are the very projects which are also being enquired by Principal Secretary Housing Govt of Maharashtra, whose report is also expected soon. The People’s Commission is releasing the Report for the vibrant Civil Society and will submit the same to the Govt of Maharashtra this evening. Expecting serious consideration and prompt action on the recommendations, the Commission would await the official report from the Ministry of Housing and ponder over it, planning its future strategy to bring in the pro people democratic and just housing scheme that would result in equitable distribution of land and protection of people’s right to shelter as part of right to life, under article 21 of the Constitution.

The report’s recommendations includes urgent review of the 6 SRA projects under scanner as also the overall SR Scheme itself. Where the projects are not consented to by the communities those should be cancelled and amalgamation to big chunks of land diverted to the builders under 3k clause of the slum act 1971 or otherwise under some pretext should be withdrawn. The Commission instead suggests that with the people’s consent and readiness the community should be permitted and promoted to build their own housing schemes in truly cooperative way using their own labour force and artisans as also retaining land underneath the slums with their own rights.The recommendations include alternative housing schemes on the basis of  Public Public Partnership that would include Rajeev Awas Yojana, with due participation and vision coming from the people, and people’s organsiations.

Medha Patkar             Sumita Wajale                      Madhuresh Kumar

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