Draft legislation gets state nod: Despite law department red flag, ‘housing for all’ in slums
Slum facts: Around 52 lakh people reside in Mumbai slums. Occupy just 8% of city’s geographical area. At present, only residents’ dwelling units existing before January 1, 2000, are entitled to rehabilitation under SRA scheme Slum facts: Around 52 lakh people reside in Mumbai slums. Occupy just 8% of city’s geographical area. At present, only residents’ dwelling units existing before January 1, 2000, are entitled to rehabilitation under SRA scheme
Despite strong opposition from its own law department, the Maharashtra government has approved a draft legislation that entitles all slum residents to rehabilitation under the slum redevelopment policy.
Government sources admitted that the proposal had major implications for Mumbai’s infrastructure with almost every second resident of the commercial capital living in a slum.
In terms of population densities, Mumbai slum fligures are one of the highest in the world. According to a recent land use survey, around 52 lakh people residing in slums, occupy just 8 per cent of the city’s geographical area. Presently, only residents of slums in dwelling units, existing before January 1, 2000, are entitled to rehabilitation in a redevelopment scheme. The government has now proposed to accommodate even the ineligible slum dwellers in the same Slum Rehabilitation Authority (SRA) scheme.
On the basis of the Centre’s “Housing for All” initiative, it has now proposed two separate rehabilitation components for SRA projects. While protected occupiers living in pre-2000 dwelling units will remain eligible for free rehabilitation, those found ineligible in this category are proposed to be accommodated on-site under provisions of the Centre’s Pradhan Mantri Awas Yojana (PMAY). On Monday, the Maharashtra cabinet, chaired by Chief Minister Devendra Fadnavis, gave its approval to the introduction of the Maharashtra Slum Areas (Amendment) Bill, 2017.
While the move would make the slum cut-off deadline — which has been a constant feature of Mumbai’s slum politics— almost irrelevant, senior sources admitted that permitting more buildable space on Mumbai’s slum land would increase the local population densities in such areas, putting a “severe strain on Mumbai’s infrastructure”.
Maharashtra’s law department, also headed by the chief minister, has become the first to raise the red flag. Questioning the validity of the move to include ineligible slum dwellers in slum redevelopment projects, Maharashtra’s Principal Secretary (Law) and the Resident Legal Advisor, N L Jamadar, noted in an official communication: “As per the provisions of the Slum Act, only protected occupiers are eligible to get the benefit of slum rehabilitation schemes. The consequences of the proposed amendment would be to protect all the slum dwellers, irrespective of the (cut-off) date. This is inconsistent with the existing provisions”.
Claiming that it was not “legally feasible to include ineligible slum dwellers in SRA schemes”, Jamadar had quoted a November 20, 2006, order of the Bombay High Court that restrained the state government from extending the slum cut-off date in view of inadequate infrastructure in terms of parks, play grounds, open spaces, water supply, sanitation and sewarage disposal, ambient air quality and public transport.
The law department’s note also points to an affidavit, filed by the state’s housing department, in the High Court, at that time, which had stated that the government would not extend the cut-off date further. While it had requested the government to “reconsider the proposal”, the cabinet approved it on Monday.
Although senior housing department officials justified the move, contending that the modification would ensure that the date of a slum dweller’s entry into a slum would no longer establish whether he or she could benefit from the state’s help in getting a formal house as and when it is redeveloped, activists are demanding that an impact assessment be carried out.
But the government has clarified that those in post-2000 slum dwellings would not be entitled to a free house. “They will have to pay the construction cost for the rehabilitation,” a source said. “They will, however, be eligible for a rebate offered under the PMAY,” he added.
Also, in the event of there being lack of space to accommodate the ineligible slum dwellers in-situ, the proposal is to relocate them into PMAY houses within the Mumbai Metropolitan Region.
The law department has raised strong objections to another controversial proposal, including non-slum portions, including areas used for local economic activities, in the “slum area”. While claiming that the department had provided no justification for the move, the law department has cited that it would not be “legally appropriate”.
Slum projects in Mumbai’s prime areas have already turned to gold mines for developers, who are permitted to build anywhere between three to four times the slum area. Sources said inclusion of non-dwelling portions in the “slum area” would only increase the sale incentives for the builders.
The housing department, meanwhile, has argued that the proposal was to protect the livelihood of the slum dwellers, along with the dwelling unit. But the law department has questioned the “consequences” of the move. In another move that could impact the infrastructure, the government has proposed to increase the minimum size of a rehabilitation tenement from 269 sqft at present to 300 sqft.
The law department has also objected to provisions for acquired encroached private lands without applying provisions of the Land Acquisition Act, 2013, besides a move to permit slum redevelopment schemes to be undertaken on lands that have not been formally declared as slums, while being enumerated or listed as “encroached” in land records.
The government has also set an upper time limit of 45 days for slum dwellers to object to an SRA proposal. It has proposed mandatory disclosures and registrations by developers. It has been proposed to empower the Chief Executive Officer (SRA) to declare a land as a slum, along with the Collector’s office.
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