Maharashtra
,
,
Mumbai Suburban
Published :
Aug 2024
|
Updated :
Hundreds rendered homeless amid monsoon after eviction drive in Powai's Jai Bhim Nagar
Reported by
Shubham Kothari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
650
Households affected
3120
People affected
2017
Year started
Land area affected
650
Households affected
3120
People Affected
2017
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Other Kind of Infrastructure
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Other Kind of Infrastructure
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

Kantabai curses the rainfall for destroying her remaining belongings, as she continues to keep fighting for the land she was evicted from on 6 June, 2024. She now lives on the footpath adjacent to the demolished Jai Bhim Nagar.

The residents of Jai Bhim Nagar were anticipating demolitions since the public notice was posted near their settlement on 3 June, 2024. They sent a legal notice to the assistant municipal commissioner of S-ward of Greater Mumbai Municipal Corporation on 5 of June. The notice mentioned of government resolution of Maharashtra government 2021, prohibiting eviction of all residential structures during monsoon period (1st June to 30 September). It further stated that the procedures laid out on eviction and rehabilitation of slum dwellers in the Maharashtra Slum Act 1971 were not being followed in the current demolition. Even after such a notice, the houses were demolished on 6 June 2024.

The settlement started emerging in 1994 when the area was sparsely populated. In 2007, Lake View Developers had lost in the Bombay High Court a case seeking the ownership of land (Appeal from order no. 320 of 2007). While the court denied Lake View Developers ownership rights, the developers sought permissions from MCGM to develop labour camp on the said land in the same year. These permissions were granted to them but were later revoked in 2014. The land was then [reserved for construction of Government offices](https://dpremarks.mcgm.gov.in/dp2034/reports/DP_SHEETS/SM Sheets 2034 08.05.2018/03 Eastern Suburbs/ES 37.PDF). However, the labour camps continued to exist.

In 2017, the MCGM ordered Lake View Developers to remove encroachments from the land for the construction of government offices. While the land records do not mention Lake View Developers as the owners of the said land, the MCGM continues to address them as the owners.

A case in the State Human Rights Commission in 2023, declared that Hiranandani builders was trying to encroach and occupy the land by settling a labour camp on the said land. On 3 June 2024, a public notice was issued declaring the hutments as illegal encroachments, leading to the evictions and violent clashes between police and residents on 6 June 2024.

On 6 June 2024, hundreds of policemen along with demolition squads of Brihanmumbai Municipal Corporation (BMC) arrived in Jai Bhim Nagar to evict the residents. The residents claimed that the bouncers of Hiranandani builder had been harassing the locals for the past few days. On 6th June, the residents claimed that these bouncers started breaking into homes and attacking residents including children and women. This led to retaliation by locals.

The police, however, lathicharged and started beating the residents including women and children and trampling the portraits of Dr BR Ambedkar. This further escalated the violence, leading to stone pelting. As many as 20 police personnel, including an ACP rank officer, and five engineers of the BMC, were among 35 injured in the stone-pelting incident.
The police filed charges against 200 people and arrested 61 people under 19 different sections of IPC including Section 324 and 326. 

Since then, the evicted people have been braving the rains and living in plastic houses on the footpath trying to fight against the eviction through hunger strikes, protest marches and negotiations with Hiranandani and BMC officials.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Private

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?

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

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Municipal Corporation of Greater Mumbai

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:

Lake View Developers

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

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?

Legal Supporting Documents

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Author
Reported by
Shubham Kothari

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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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

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

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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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