Maharashtra
Malaad
,
Mumbai Suburban
,
Mumbai Suburban
Published :
May 2023
|
Updated :
Maharashtra Housing and Area Development Authority renders 250 families homeless after eviction drive in Mumbai
Reported by
Shubham Kothari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
150
Households affected
500
People affected
Year started
508
Land area affected
150
Households affected
500
People Affected
Year started
508
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In March 2023, 150 settlements in the Ambujwadi area were evicted on the grounds that they stood in violation of the provisions of the approved development plan. They were given a notice of 48 hours for removing the unauthorised constructions made by them. Failing which the state would take necessary action for the removal of such constructions. Subsequently, bulldozers were brought in to remove the unauthorised constructions of the settlements.

The procedure for eviction (laid down in section 3Z of Maharashtra Slum Act, 1971 and GR of 16th May 2015 and 2018) on state government (including MHADA) land is preceded by a survey of all residents, followed by checking eligibility for rehabilitation, and rehabilitating the eligible citizens who were evicted. None of these procedure were followed and evictions were conducted in 48 hours.

On 1st March, 2023 every household submitted its individual complaint against violation of procedures and demanded rehabilitation and a proper survey of all residents. On 10th March, people started a sit in protest at the site of demolition. Sarita Nadar, a long term resident of the settlement, told LCW, "We filed an application when our settlement was first demolished in 2017. But we did not receive any rely from the government. They demolish our homes in the name of development, but do no development after that. We then rebuild our homes which are demolished repeatedly. We have now filed for rehabilitation again in 2023."

On 17th March 2023, people went to Union Minister of Social Justice, Ramdas Athawle who supported people's campaign and sent a letter to MHADA demanding due procedure of law and rehabilitation of eligible households. The residents met MHADA officials on 21st March along with Republican Party of India (Athawle) Zhoppadpati Mahasangh's head and demanded rehabilitation.

As of April 2023, the sit in protest continues. The affected community members are preparing to file a case in the court.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Complaint against procedural violations

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?

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:

MHADA

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:

Jan Haq Sangharsh Samiti - Ambujwadi

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

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


Support our work.
Sign Up Today
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.

Show more work
Latest updates
Nagaon
Assam

Farmers in Assam resist land acquisition for solar plant, beaten by police

Surat
Gujarat

Surat farmers claim fertile land re-included in Gujarat's development plan without consent

Gadchiroli
Maharashtra

Villagers in Gadchiroli campaign to shut down Surjagarh iron ore mine

Biswanath
Assam

Encroachment, land dispute pose threat to newly designated Behali Wildlife Sanctuary in Assam

Krishnagiri
Tamil Nadu

Residents in Krishnagiri protest against takeover of land by SIPCOT

Lower Siang
Arunachal Pradesh

Tension in Arunachal's Lower Siang over Likabali-Durpai road project amid boundary disputes

Kanyakumari
Tamil Nadu

Tamil Nadu revives plan to construct Kanyakumari Port despite protests by fisherfolk

Koraput
Odisha

Bauxite mining at Mali Parbat in Koraput seeks to displace and disrupt local livelihoods

Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

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

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


Support our work.
Sign Up Today
Conflicts Map
Conflict Database
About Us