Slum Policies
Part 3 of the Study
Mumbai to Shanghai without Slums-3
SLUM POLICIES
The policies of the state around the critical aspect of urban housing
needs to be thoroughly engaged with and critiqued before one ventures
to pass any kind of judgment on the legality or otherwise and rights of
slum dwellers. The reason for this being ample evidence of policies
that either are flawed in their conceptualization itself or rendered
useless by remaining just words on paper. The attempt here is to
understand the manner in which the state has miserably failed to cater
to the needs of the urban poor living in the different slums of Mumbai
and elsewhere in the cities of this state.
What we will see is that one of the main reasons for this abject
failure of the state is a paradigm shift in the role of the state, from
performing that of a provider of housing to reducing that to a
regulator of housing settlements. These are necessary to be understood
since they have a critical bearing on the growth of slums in the city.
A brief overview of the role of the state as provider of housing
establishes its abject failure in the role of housing provider.
According to P.S.A. Sundaram in his book, “Bombay: Can it house its
millions”, the Housing Board, as the successor MHADA (until 1986) had
supplied about 100,000 fully built ownership dwellings to various
income groups of which 75 % were for Economically Weaker Sections (EWS)
and Low Income Groups (LIG). However, post 1985 there was a shift in
the target groups of the housing schemes, with the proportion earmarked
for High Income Groups increasing and the EWS category being left out.
Against the annual housing need for 46,000 dwellings in the 1960s and
60,000 dwellings in the 1970s, the supply of formal housing by the
public and private sectors together was only 17,600 and 20,600
respectively. Between 1984 and 1991, the supply of formal sector
housing increased by about 47,400 units per annum mainly on account of
private sector activity. Property rates in Mumbai being the highest in
India, speculation and hoarding in real estate was the most lucrative
investment until the 1990s. As reported in one of the local weeklies,
’… The real irony is that in a city where thousands are homeless, about
0.1 million flats are lying vacant for the right price’
Housing supply by public agencies has been far below the requirement
and that by the private sector has always been beyond the reach of
poor. Housing conditions thus deteriorated as 73 % of households in
1991 compared to 69 % in 1981 lived in one-room tenements (Government
of Maharashtra, 1995). Rental markets were locked, and as such the only
option for many low-income families was to encroach on public and
private open lands and build structures, which they could afford
(BMRDA, 1994, pp.259). In
In Mumbai out of the total population of 11 million about 55%
constitute its slum population, who occupy about 12.85 % of the city’s
total land area. It is also important to note that a greater portion of
thee lands on which slums are located today were previously
uninhabitable and it is through the efforts of the slum dwellers that
these lands were “reclaimed” and rendered habitable. Approximately 5.5
to 6 million live in slums in the most unhygienic and filthy conditions
and another one million live on the pavements. It is also estimated
that nearly 2 million people live as tenants in rented premises, a
large number of which are old and dilapidated structures, including
‘chawls’. As a result we find that nearly 8.5 million of the city’s
population lives in sub-standard or unsafe housing conditions under the
abuse and continuous threat of displacement. Today it is said that
about 82 % of the population live in one room abode. This housing
situation blatantly exposes the continuing indifference, neglect and
lack of the will of the government towards housing and living
conditions in the city.
This situation can be understood to have emerged due to one serious
lacunae and that being the absence of a focused direction in tackling
the problems of slum dwellers. The rights-based approach that is so
required in dealing with the issues of the urban poor has failed to
find any currency with the state. As such then post-independence there
have been several approaches and policies that at best appear arbitrary
and ad hoc. There is a lack on any clarity of vision in any form
whatsoever. The only policy that has any continuity is that of slum
demolitions!
However, in trying to analyze the approaches and policies of the state
we can draw few conclusions. Firstly, evictions and demolitions have
been seen to be by the state as one of the major solutions to the
“problems” of slums. Secondly and simultaneously, the rights of slum
dweller to shelter, basic amenities, etc. have also been marginally and
occasionally addressed. These, however, are not linear policies but are
overlapping all the while.
In the first two decades after independence, the official approach
towards slums in Mumbai was to clear the hutments and re-house the slum
dwellers in alternate accommodation. In a bid to strengthen the force
of the state to demolish slums, section 354A was introduced to the
Bombay Municipal Corporation (BMC) Act in 1954 by an amendment that
empowered the Municipal Corporation of Mumbai to clear slums.
Meanwhile, between 1943 and 1956, the government of the erstwhile
Bombay state disbursed small grants to various municipal bodies for
improvement of slums. In 1956, this changed when the central
government approved a Slum Clearance Plan. Bombay was one of the
six pilot cities covered under this scheme. The Development plan for
Mumbai was launched in 1967 and there was optimism that it might have
been possible to clear slums. In 1969 a special slum improvement cell
was created in BMC to clear and resettle slums on municipal lands. Also
Slum Improvement Programme was started in 1970 to improve in the basic
amenities like drainage, drinking water, roads toilets etc.
1970s:
The strategy of demolitions that began with the plan was pursued till
the 1970s. However, it did not work because people, after some time,
simply re-built their huts at the same location or, if there was too
much harassment, at another unoccupied location nearby. Moreover,
land-owning agencies were ill equipped to police their lands and lower
level officials often connived with middlemen to allow encroachments
for money. Even when the state government did try to resettle the poor,
they were unsuccessful. Resettlement proceeded erratically and was
dependant on the whims and fancies of local municipal officials and the
poor were completely excluded from any decision-making.
In the 1970s, the state first recognized the need for some form of
resettlement for slum dwellers, after slums were demolished. A Slum
Improvement Board (SIB) was set up, slums began to be viewed as a
possible solution to housing problems and the state began to provide
water. In 1971, with the enactment of the Maharashtra Slum Areas
(Improvement, Clearance and Redevelopment) Act the government was
equipped with wider powers to notify slums, and implement clearance
schemes. The city’s slum population was estimated at that time to be
1.3 million. In keeping with the consistent policy of slum evictions,
several evictions were consistently carried out. One such notable
instance was on 17th May 1976 where there was forcible eviction and
demolition of the Janata colony situated in Mankhurd with a population
of 70,000 was done. They were not provided with enough accommodation in
the new site in the Cheetah camp as promised by the BARC officials and
BMC who wanted to make swimming pool and other recreation facilities
for the scientists residing in the BARC complex.
There are three important developments in the 1970s that need to be
looked at carefully. The first was the launching of a slum improvement
programme while the second was the passing of a law protecting the
rights of slum dwellers and the third being the de-legitimizing of
so-called “illegal encroachments”.
• Centrally Funded Environmental Improvement of Urban Slums (EIUS), 1970
In 1970 the Slum Improvement Program (SIP) was launched with the
mandate to provide water supply, toilets, roads, drainage and
streetlights for slum dwellers. The scheme included provision of
community taps, community latrines, construction of pathways and drains
and provision of streetlights. The scheme was financed by grants from
the central government. Slum Improvements began in 1972 under the
Central Scheme of Environmental Improvement of Urban Slums. A separate
mechanism, the Maharashtra Slum Improvement Board was set up by the
state government in 1974 to co-ordinate this work. This was later
merged with MHADA, when the Maharashtra Housing and Area Development
Authority (MHADA) was set up in 1977. MHADA improved slums on
government and private land whereas slums on corporation land were
improved by BMC.
Lack of space for execution and staying orders from courts created
difficulties in implementation. The majority of slums situated on lands
owned by state government, municipal corporation and Housing Board
lands were improved but those on private lands or central government
land could not be easily improved. Another reason for its limited
success is pointed out in a BMC Report in the early 1990s by Deputy
Municipal Commissioner (Slums) K.G. Pai, where it is pointed out that
even basic slum improvement would have required Rs.150 crore a year,
whereas, the scheme had a provision of Rs 151 crores for the entire
Sixth Plan period. The report goes on to admit that the SIP had, not
even touched 30 lakh slum-dwellers in Mumbai alone. Another reason for
the fact that the implementation of the improvement scheme did not
significantly improve the environment was due to its limited reach and
lack of funds.
• The Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
The next major development in this decade was the passing of the Slum
Act. Under the Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971 the competent authority may by notification in
the official Gazette, declare area to be ‘slum’ where it is satisfied
that:
a) any area is or may be a source of danger to
health, safety or convenience of the public of that area or of its
neighbourhood, by reason of that area having inadequate or no basic
amenities, or being unsanitary, squalid overcrowded or otherwise; or
b) the buildings in any area, used or intended to be used for human habitation are
i) in any respect, unfit for human habitation; or
ii) by reason of dilapidation, overcrowding faulty
arrangement and design of such buildings, narrowness or faulty
arrangement of streets, lack of ventilation light or sanitation
facilities or any combination of these factors, detrimental to the
health, safety or convenience.
May by notification in the official Gazette declare such area to be a slum area.
Improvements under the Act were carried out only in slums on government
lands, earmarked for ‘improvement‘ in the Development Plan. Taking
advantage of this act, the owners of slums on private land started
evicting slum dwellers on an unprecedented scale. The government of
Maharashtra issued an ordinance subsequently to prevent eviction of
occupants in notified slums. The notification prevents eviction of
’occupiers from any building or land for recovery of arrears of rent
without prior permission of the competent authority. It also makes a
slum eligible for receiving improvement inputs (especially
infrastructure) under various improvement schemes. However, there have
been several appeals by private landowners challenging notification of
their lands as ‘slums’. This did not cover central government lands, as
state laws do not apply to central government lands.
• The Maharashtra Vacant Lands (Prohibition of Unauthorised Structures and Summary Eviction) Act, 1975
In an effort to prevent a further proliferation of squatter
settlements, the state government enacted the Vacant Lands Act.
According to the Act, all lands encroached by squatters can be
considered vacant, all slums covered by the Act are temporary and can
be removed, police can be mobilized for eviction and alternative
accommodation has to be provided. Squatters have to pay ‘compensation’
for unauthorized occupation of land. Due to these provisions, courts
could not move against evictions. With the help of this act many
demolitions were carried out in different parts of the city. The
offence of unauthorized occupation was non-bailable. After the slum
census in 1976, the government made a policy of protection, removal,
rehabilitation and improvement. For the vigilance of open lands and for
the recovery of compensation and service charges the government
appointed a Controller of Slums at the rank of District Collector. The
rates of compensation were revised only in 1987 (based on the
recommendations of Jankhanwala
Committee). The rates of compensation included service charges,
compensation for occupying land and nominal taxes, with different rates
for residential, commercial and industrial uses in different cities of
the state.
1980s:
The beginning of the next decade i.e. 1980s, witnessed a very large
wave of evictions during the Chief Ministership of Shri Antulay. It
must be noted that at this point in time the vision for the city’s
development was replication of Singapore. Thousands of slum dwellers
were evicted during this time. This period is significant for one
development i.e. the judgment of the Supreme Court in the case of Olga
Tellis. In Olga Tellis v. Bombay Municipal Corpn. (1985) 3 SCC 545,572.
In this case the squatters and the pavement-dwellers who were sought to
be ejected by the respondent, without due process of law, invoked the
jurisdiction of this Court under Article 32. A Constitution Bench held
that their eviction from the dwellings would not only result in
deprivation of shelter but would also inevitably lead to deprivation of
their means of livelihood which means deprivation of life in as much as
the pavement dwellers were employed in the vicinity of their dwellings.
Right to life under Article 21 includes right to livelihood, and if
this right were to be affected without reasonable procedure established
by law, it would be violative of Article 21. ‘The conclusion,
therefore, in terms of the constitutional phraseology is that the
eviction of the petitioners will lead to deprivation of their
livelihood and consequently to the deprivation of their life.’
• Slum Upgrading Programme (SUP) funded by the World Bank, 1985
After the failure of the SIP, in 1985, the World Bank’s Rs 53 crore
Bombay Urban Development Project (BUDP) came into being with two
programmes – the Slum Upgradation Programme (SUP) and the Low Income
Group Shelter Programme (LISP). SUP consisted of giving a 30-year
renewable lease of land to cooperative societies of slum dwellers
(where the lands were not needed for public purposes), providing civic
amenities on a cost-recovery basis and giving loans to upgrade people’s
houses. Under the LISP, the state provided subsidized land to
Economically Weaker Sections (EWS) and Low Income Groups (LIG) to build
their own homes in accordance with a type design.
A major shift in policy came with the launching of the BUDP financed by
the World Bank, with a two-pronged approach of regularization of
squatter settlements and supply of serviced land to manage the problem
of slums. In line with the World Bank’s philosophy, secure long-term
legal tenure was to be granted along with provision of basic service
with recovery for 100,000 slum households. The standards for plot sizes
and infrastructure were based on ‘affordable costs’ The price to be
charged was based on the zone in which the slum is located as per the
Development Plan, plot size and plot use to be repaid over 20 years.
Leasehold rights were to be granted to co-operative societies of slum
dwellers covering BMC and government land and 10 % private land.
Individual members of the society were entitled for Home Improvement
Loans (HIL), which could be advanced against the mortgage of individual
leasehold rights. The scheme however did not benefit slums on private
and central government lands.
Various difficulties faced in the implementation of the BUDP programme
included hostility of the excluded part of slum community, which had to
be resettled and poor availability of relocation sites. Establishing
the eligibility of appropriate households and problems of unwilling
households and unwilling communities created serious problems. It also
raised issues about the role that such co-operatives can play in taking
up maintenance responsibilities and preventing further encroachments.
Major difficulties were faced in the extension of services due to the
limited capacity of site infrastructure and the inability of the BMC to
further augment existing networks. The HIL component remained
under-utilised as assessment of incomes, systems of disbursement and
collection of loans remained unclear. Also contributing to its failure
was the lack of drive and commitment on the part of the authorities and
due to the influence on the government by real estate developers
against transfer of land tenure to the slum dwellers.
Further, again, the SUP could not be implemented on central government
or private land. This has been a noticeable precedent in
Mumbai – for in spite of the Slum Areas Act that enables local
authorities to provide services in settlements already ‘declared’
slums, many government agencies still do not permit the BMC to carry
out ‘improvement’ of slums on their land. Thus, central agencies do not
give permissions for basic amenities, up- gradation or resettlement
and slum dwellers continue to live on these lands.
In 1989, with the change of political party, the State Government
issued instructions to all municipal corporations for considering
granting of leasehold tenure to individual eligible households
squatting on government lands before 1985. Heads of households whose
names were included in the voter list of 1985 and who were staying at
the same place as indicated in the voter list, were issued photo passes
for granting of tenure. Slums on private land, squatters on central
government land and pavement dwellers were not eligible. The reluctance
of the Revenue Department to part with state government land was one of
the major difficulties faced.
Only 22,000 households were covered under the programme after which BUDP was closed in 1994.
• The Prime Minister’s Grant Project (PMGP), 1985
The special grant announced by the Prime Minister in 1985 to improve
living conditions of slum dwellers in Mumbai, brought a major shift in
the approach towards improvement of squatter settlements with the
initiation of redevelopment projects. An important component of this
grant was to be used for redevelopment of the biggest slum of
Mumbai-Dharavi. A master plan was prepared for Dharavi. Reconstruction
was justified in high-density slums like Dharavi where in situ
upgrading had limited relevance and could not be expected to bring
perceptible improvements. Co-operatives of slum households were to be
provided with 18 sq. m. (carpet area) walk-up tenements. Families were
to be shifted to transit accommodation during the construction period
on a rental basis. Households were required to pay for the cost of
tenements and the co-operative societies were helped to establish
liaisons with lending institutions. The reconstruction project
succeeded in a limited way by tackling public health hazards, but the
high cost of the tenements prompted many households to sell.
Delays in construction, escalations in the cost of tenements and
shortage of transit camps created hardships for people. In some cases
slumlords got into the management of the society and created obstacles
for development. A few outsiders managed to get their names included in
the list of beneficiaries. In an evaluation of this scheme, Bharwada
and Mahajan (1999) reported that by 1993, 60 % of targeted upgrading
and 74 % of reconstruction had been achieved. However, cost recovery
has been poor due to poor recovery mechanisms. Lack of awareness about
the benefits, liabilities and procedure of the project led to
dissatisfaction amongst beneficiaries, which subsequently led to poor
participation. The system of allotment through drawing of lots
disintegrated the community fabric. In stray NGO supported cases like
Markandeya Co-operative, the community directly demanded leasehold
rights of land from the Municipal Corporation to mortgage and raise
resources. But the delays left people disheartened and wondering
whether the seven-year struggle was worth the results (Bharwada &
Mahajan 1999). However, slum redevelopment in Dharavi was a major shift
in the improvement approach.
1990s:
The 1990s saw the further withdrawal of the state from the role of
provider to the role of facilitator. Under the guise of privatization
and public-private partnerships, it was convenient for the Government
to answer this string of failures not with greater involvement, but by
withdrawing and giving the field to private builders and developers.
The end of this decade saw one of the largest slum demolitions in
Mumbai history and this almost epitomized the situation where the
demolitions continued but resettlement and in situ improvement policies
were desperately lacking. During the second week of February 1999,
another demolition of over 33,000 slum huts took place at Sanjay Gandhi
National Park by the forest department. Over 85,000 slum dwellers have
been residing in various colonies in Ambedkar Nagar, Jamrushi Nagar,
Pimpripada, Azad Nagar and Shanti Nagar, which are in the precincts of
the National Park, for more than a decade.
• Slum Redevelopment Scheme (SRD), 1991
Thus, Sharad Pawar's (then Chief Minister of the ruling congress
government) Slum Redevelopment Scheme (SRD) was launched in 1991. The
same norm was picked up by the Slum Rehabilitation Authority (SRA) set
up in the 1990s. The Slum Redevelopment Scheme of the SRA aimed to
provide enough incentives – such as increasing the Floor Space Index
(FSI) allowed in slum areas and the ability to transfer development
rights to other areas of the city – for private developers and builders
to redevelop slums. The theory was that by selling the extra space in
the open market, tenements for slum dwellers would be cross-subsidized
and made affordable to them. The state government also introduced
legislation that protected slum dwellers able to establish that they
were living at a particular place as of January 1, 1995. The homes of
‘eligible’ slum dwellers thus could not be demolished without
their first being resettled.
Notified slums were to be redeveloped at the same site by private
builders by offering the incentive of increased maximum floor area
ratio (FAR) of 2.5. After re-housing slum dwellers in 180 sq. ft.
(about 15 sq. m.) tenements, builders were free to sell the remaining
floor space on the open market and to make profits of up to 25 % of the
project cost. Thirty years lease was to be given to the co-operatives
of re-housed slum dwellers. The consent of at least 70 % of slum
families was necessary to implement the scheme. The slum dwellers were
required to pay a certain amount of money, approximately, 1/3 in the
form of a down payment and the balance in the form of a loan repayable
over 15 years. Allottees were not permitted to transfer their tenement
for a period of 10 years.
The scheme was a non-starter from the very beginning. Firstly, this
scheme did not provide sufficient business opportunity to the
investors; secondly the builders were skeptical of getting into
wrangles with the slum-dwellers whereby their profits would not
materialize within calculated periods. Even if they did have plans,
work could not be started due to the lack of transit accommodation.
Also, slum-dwellers were reluctant to give possession of their plots in
the absence of alternative accommodation. They feared losing possession
of their sites permanently since they did not trust the builders. They
already had horrid experiences of attacks on them and forcible
evictions, led by number of builders at many places in the city. One
example of forcible eviction led by the builders was the demolition of
the Ambedkar Nagar situated near Back Bay bus depot in 23rd April 1997.
After the demolition, Pan Reality Construction Pvt. Ltd. grabbed hold
of the land by fencing with wires and stones to put a stop to the entry
to the land.
The scheme was criticized, as it was feared that the developers would
exploit slum families. Concerns were also expressed over increases in
density, and increases in consumption of water and electricity.
Non-availability of transit accommodation and maintenance costs were
some of the problems faced. Rates quoted by builders for the sale of
flats in the open market were lower than the actual market prices due
to the 25 % ceiling on profit margins and extra payments were received
in black. As the cut-off date for eligibility was 1985, many slum
dwellers were not eligible and this created resentments among slum
communities. Although the scheme was open to co-operatives of slum
dwellers, such societies faced difficulties in implementing the
redevelopment projects on their own. Since the lease of the land was
made available only after implementation of project it could not be
mortgaged to raise institutional finance. Lack of technical knowledge
and managerial skills also led to delays.
15
• Slum Rehabilitation Scheme (SRS), 1995
The provision of free tenements to 4 million slum dwellers was one of
the slogans in the election manifesto of Shiv Sena, which came to power
in 1995. After the change of government, the Afzalpurkar Committee
further modified the SRD and the new scheme was called Slum
Rehabilitation Scheme (SRS). Departures from previous policies were
made on various levels. The scheme was opened to all slum dwellers
included in the 1995 electoral rolls, including pavement dwellers. The
carpet area of tenements was increased to 225 sq. ft. (approx 20 sq.
m.). The tenements were to be given free of cost to slum dwellers. For
every 10 sq. ft. (1 sq. m.) of rehabilitated floor space constructed in
the Island City, the builders were offered a free sale component of 7.5
sq. ft. (0.5 sq. m.). A central monitoring and clearing agency was set
up, and incentives were given to construct transit accommodation on
vacant public lands. The builders were given incentives in the form of
additional floor area, which varied between Island City, the suburbs,
and difficult areas. However, on each pocket of slum land, a maximum of
2.5 FSI (Floor Space Index) was permitted. Surplus floor area, if any,
could be transferred to another area under Transfer of Development
Rights (TDR). Additional supports were proposed in case of proposals by
the Co-operative Society which included time bound scrutiny, expert
advice in technical, financial and administrative matters and an
additional commercial component of 5 %. The scheme was to be completed
in five years covering 2,335 slum pockets and 90,2015 huts. To
strengthen the financial capacity of BMC for provision of
infrastructure, a levy was proposed to be collected from the developing
agency. The Slum Rehabilitation Authority was constituted for
overseeing, co-ordinating and approving these schemes. The executing
agencies could be co-operative societies of slum dwellers, public
housing organisations, developers, contractors, charitable
institutions, or private companies.
All other slum improvement programmes were to be phased out limiting
the options for slums. The amendments to the Slum Act, Maharashtra
Regional & Town Planning Act,
Mumbai Municipal Corporation Act, Maharashtra Housing and Area
Development Act, Land Revenue Code and the Development Control
Regulations (1991) were made, to restrict the scope of slum dwellers
appealing to courts of law seeking injunctions against the scheme. The
implementation was strengthened as all projects were to be considered
as government works and police power was to be used to remove
obstructions to the progress of the works.
16
The scheme initially generated lukewarm interest from the building
lobby, which feared delays due to problems of land ownership,
continuity of policy, political alignments in the community and the
possible opposition by the beneficiaries after initial consent. Slum
dwellers occupying more than 22.5 sq. m. were reluctant to join the
scheme. NGOs are helping squatter communities in resettlement,
formation of co-operatives, negotiating with authorities and improving
legal literacy of squatters to fight for their rights in courts of law,
prevention of arbitrary exclusion of eligible households etc. The
policy has generated a lot of debate and criticism. Some felt that this
is likely to open the doors to a burgeoning real estate Mafia in the
city with greater scope for harassment and intimidation by builders
using the police. Most of the proposals were initiated in affluent
areas and significant numbers of tenements have changed hands.
For all its progressive features, the slum redevelopment scheme still
did not contain proactive provisions to resettle families nor did it
specify the nature of resettlement and the kinds of entitlements
eligible slum dwellers would receive. The SRA promised to construct
eight lakh tenements in five-six years. However, only a little over
19,000 tenements were completed in the mid-1990s. When a new government
came to power in Maharashtra in 1995, one of its main election promises
was to provide eight lakh free houses for 40 lakh slum dwellers in
Mumbai.
• Shivshahi Punarvasan Prakalp Ltd (SPPL), 1998
In August 1998, the Shiv Sena-BJP government set up the Shivshahi
Punarvasan Prakalp Ltd (SPPL). The scheme was a rehash of the earlier
slum redevelopment scheme. Slum land was to be handed over to builders
for the construction of commercial complexes, with the builders in turn
using part of their profits to build new houses for the residents of
the slum. A Rs 600 crore loan to fund the SPPL was extracted from an
extremely reluctant Maharashtra Housing Area Development Authority
(MHADA) and the Mumbai Metropolitan Regional Development Authority
(MMRDA). Unlike the earlier redevelopment scheme (where the SRA was
only a facilitating agency), the SPPL actively took on the role of a
builder. Private builders themselves were given the role of contractors
to get them to participate in the scheme. Under the earlier scheme, the
builders were expected to make the capital investment without any input
from the government, and there were no profit margins. Under the SPPL
scheme, the builders as contractors could provide for profit
margins. The state government also soon scaled down the size of the
project from eight lakh units of 225 sq ft each to two lakh units of
the same size. One of the main failings of the SPPL scheme was that it
depended on public land as a resource, most of which was already
occupied by squatters. By the time the Shiv Sena-BJP government was
voted out of office in October 1999, not even a fraction of the number
of flats it had promised to build had come up.
In August 2001, the report of the S.S. Tinaikar Committee on slum
rehabilitation exposed the SPP as nothing but a fraud, designed to
enrich Mumbai's powerful construction lobby by robbing both public
assets and the urban poor. The Committee, headed by the highly-regarded
bureaucrat S.S. Tinaikar, who retired as Mumbai's Municipal
Commissioner a decade ago, found that by the end of March 2001, only
7,461 rehabilitation tenements were ready for occupation, and another
39,146 units were in various stages of construction. The Committee
found that several projects had simply been abandoned by builders. Of
the Rs.73 crores that the SPP handed over to construction firms in the
first two months of its existence, over Rs.50 crores is yet to be
repaid. Also, building regulations were routinely violated. "Relaxation
of guidelines were made," the Tinaikar report asserts. "Funds in excess
of the actual need were disbursed. Special favours to a few developers
were made," the report points out.
The Slum Rehabilitation Scheme (SRS) was in a sense the” mother of all
bluffs” till date perpetrated on the slum-dwellers in Mumbai.
2000s:
The first half of this decade has again seen its share of demolitions along with attempts to involve NGOs in slum resettlement.
• Govt-NGO Partnership in Slum Resettlement
A major resettlement of about 60,000 people was carried out with
popular participation and partnerships with NGOs in the recent past for
the Mumbai Urban Transport Project (MUTP). The project was designed to
improve the capacity of suburban trains by laying new railway lines and
the extension of platforms. The project is partly funded by the World
Bank. Some 15,000 squatter households living within 25 m of the track
and 4,000 households around the stations had to be moved. The
resettlement and rehabilitation policy recommended the provision of
20.8 sq. m. apartments for ‘project affected families’. The Railway
Slum Dwellers Federation had already collected data about settlements
along the tracks, mapped them, set up women’s saving groups and
supported the formation of housing co-operatives. Representatives of
the NGOs SPARC and the National Slum Dwellers Federation (NSDF) and
were involved in the policy formulation. Indian Railways carried out an
unexpected demolition of over 2,000 huts in February 2001, after some
pressure from media and a public interest litigation filed in the High
Court by an NGO called ‘Citizens for a Just Cause’ to evict slums along
railway tracks without any resettlement. However, the state government
assured the courts of a time-bound resettlement. Within a year a
population of 60,000 was shifted into apartments in four and seven
storied buildings and a few families were shifted into single storied
transit accommodation (MMRDA, 2002).
Resettled families had a mixed response. On the one hand they are happy
to have secure tenure and access to basic services but on the other
hand the resettlement location offered fewer employment opportunities
and led to increased travel costs for a few.
This brings us to the present where more than 80,000 houses have been
demolished by the state government since 8th December 2004.
Conclusion
What appears to emerge is that the only consistent policy of the state
has been that of slum demolitions while the passing decades has
witnessed a different avatar at every turn with regard to the crucial
issue of providing housing for the poor. Until the 1970s clearly the
state played the role of provider obviously reflecting the nature of a
welfare state. This changed in the 1980s, which saw the marked
influence of the World Bank and implementation of its policies. During
this period the role of the state undertook a change from provider to
facilitator where the slum dwellers were to build their own houses in
rehabilitation according to a particular design. The 1990s on the other
hand has witnessed the telling influence of the builder lobby in the
name of public-private partnerships. This trend continues to date
though there is indication that in some instances the state is
encouraging the participation of NGOs as well.
Thus the policies show a trend of the government withdrawing from
housing sector and increasing the private participation in the housing
sector. But increasing the private participation in housing also was
not successful as the builders and the developers who were providing
housing for the poor were motivated by profit interest. Rather than
helping the poor the private participation even increased the misery of
the urban poor. Both the private sector and the public sector failed to
cater to the housing needs of the poor. Thus neither the public sector
nor the private sector, there is a need of the intervention of the
third sector that is the NGO’s, which is a part of civil
society.
Our urban planning has not only been unbalanced and without a vision to
foresee the future needs of the towns and cities in general, it has
also been highly discriminatory to the poor in terms of making
provisions for their accommodation facilities and the basic services
needed for their everyday existence. In the name of creating an
orderly, hygienic and aesthetically pleasing environment, the urban
planning denies the poor access to adequate housing and environment.
The example of Subhashnagar, Wadala where all the residents were
residing near the Don Bosco School for about 15 years or more prior to
November 1993. But part of the settlement were demolished on May 10,
1993 no notices were given prior to the demolition. The police
had even resorted to lathi charge and several persons suffered
injuries. The site from which they were evicted from near the Don
Bosco School has now been made into a ‘garden’. There are numerous
examples to show that the middle class notion of beautification which
led to the demolition of many a slum. One of them being the Sanjay
Gandhi Nagar in Nariman Point where people came for construction work
and settled there in the construction site and areas, which were
unsuitable for development work. It was not long before the people they
served expressed their distaste for them as neighbours. The Cuffe
Parade/ Colaba Residents Association brought pressure upon the local
authority to remove them from sight. As a result, in 1980 the municipal
authority demolished the colony. Having nowhere to go the people simply
rebuilt their huts. In 1981 and 1986 they were demolished again until
one NGO came to there rescue and acquired a land for their
rehabilitation.

