People who were living in settlements around the Tansa water pipeline in Mumbai continue to await rehabilitation after their eviction. There exists a long history of litigation which eventually led to their eviction.
In 2006, a non governmental organisation called Janhit Manch filed a petition in Bombay High Court. They requested the court for measures to protect the Tansa water pipeline, which runs over the ground. The NGO claimed that the pipeline was surrounded by encroachments, which is putting it at risk from damage and attacks from terrorists who could poison the water or disrupt water supply to Mumbai.
In 2009, the High court ordered the removal of encroachments situated within 10 metres of the pipeline, along its entire stretch. The number of settlements that were to face eviction based on this order is 16,409. The order also laid out certain year based criteria for determining eligibility of households for rehabilitation. These evictions were implemented by the Municipal Corporation of Greater Mumbai (MCGM) in batches. If implemented in full, this will likely be one of the largest eviction drives to be undertaken in Mumbai. Another name by MCGM is known as is Brinhanmumbai Municipal Corporation or BMC.
In 2017, 436 households were evicted from Indira Nagar, a settlement located close to the pipeline in Bandra. Out of which 155 were declared eligible for rehabilitation while the remaining 281 were found ineligible for that. These households filed appeals to MCGM, challenging their ineligibility. In 2018, they filed a petition in the Bombay High Court requesting the court to direct a timely disposal of their appeals. In the meantime, rendered homeless by the eviction, they began living in the same area in plastic tents.
LCW spoke to one of the affected residents, Gangaram Hivrale. He said, "earlier we used to have everything – light, water, toilets. But now they have demolished their homes. They are not even hearing our appeals for five years now. We are suffering so much because of this."
They also filed an application for relief to the Maharashtra State Human Rights Commission, which in 2019 directed MCGM to provide alternate accommodation arrangements to the 281 households as well within three months.
On the other hand the households that were rehabilitated were given alternate living arrangements in Mahul. Even though the site was found to have poor air quality by the Western Zonal Bench of the National Green Tribunal in 2015, in a separate matter.
In September 2017, the Maharashtra state government announced a 39 Km cycle track project along the pipeline in the same area from which all the High Court had directed the removal of encroachments for the pipeline's protection.
In 2018, the High Court further issued directions through two separate orders for the eviction of all the remaining households. However, in 2019, hearing the petition filed by project affected persons who were resettled in Mahul, the Bombay High Court ordered the state government to address the concerns of the rehabilitated people. And that they cannot be resettled in a place which is known to be polluted.
The evicted residents of Indira Nagar colony continue to await rehabilitation from the state government. According to Hivrale, a few of them are still residing around the pipeline, while others have found rented accommodation elsewhere.
Demand/Contention of the Affected Community
Demand for rehabilitation
Demand for compensation
Other Demand/Contention of the Affected Community
Region Classification
Urban
Type of Land
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?
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?
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
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
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:
Non-rehabilitation of displaced people
Delay in compensation
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Maharashtra Human Rights Commission
Name(s) of the Court(s)
Bombay High Court
Case Number
1750/2018 c/w. 165/13/16/2019 (MHRC), PIL No. 140/2006 (Bombay HC)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
November 30, 2016
Location of Violation
19.061962090433624, 72.84171877702771
Government Departments Involved in the Conflict:
State Government of Maharashtra
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Yes
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?
Shubham is a housing rights activist based in Mumbai. He has a post graduate from the Tata Institute of Social Sciences, Mumbai in urban policy and governance.
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