Maharashtra
,
Govandi
,
Mumbai Suburban
Published :
Mar 2024
|
Updated :
Residents of Mumbai's Lumbini Bagh fight illegal eviction by developer for slum redevelopment
Reported by
Shubham Kothari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
1411
Households affected
People affected
2006
Year started
31
Land area affected
1411
Households affected
People Affected
2006
Year started
31
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

On January 3, 2023, a large number of police personnel along with a demolition squad entered Lumbini Bagh, Govandi, Mumbai to demolish houses and pave way for slum redevelopment. The residents resisted the eviction, but two houses were razed down by the squad.

The residents of Lumbini Bagh elected a managing housing committee for the redevelopment of the slum on August 21, 2006. The committee had appointed had appointed Reliable Realtors for the redevelopment of 1,411 houses of Lumbini Bagh.

Since 2014-15, Reliable Realtors was engaged in redevelopment of slums in the nearby village of Deonar in Bhimwadi as well. Whereas, various permissions were issued for the Bhimwadi slum rehabilitation scheme from time to time, the project came to a standstill in March 2021. In December 2023, the residents of Bhimwadi elected to have another developer take over the project due to the non-performance of Reliable Realtors.

In 2022, Reliable Realtors signed a memorandum of understanding with Tanishka Reality LLP of Ghatkopar. Through this MOU,  Tanishka builder clubbed the redevelopment of Lokhit co-op housing society, Ghatkopar, with the redevelopment of Lumbini Bagh. The redevelopment of Lokhit co-op housing society required the Tanishka builder to provide the Municipal Corporation of Greater Mumbai with 196 Permanent Transit Tenements in the specified redevelopment plot or club the Permanent transit tenements in a slum redevelopment project within 5km of the redevelopment plot. Tanishka builders therefore, decided to shift the Permanent transit camp on redevelopment plot of Lumbini Bagh in exchange of financial support of Rs 105.37 crore to Reliable builder for phase 1 of Lumbini Bagh redevelopment involving rehabilitation and eviction of 357 homes in Lumbini Bagh.

The housing committee elected by the residents did not inform about the agreement between Reliable Realtors and Tanishka Reality_ to the residents. _In December 2023, the residents started receiving eviction orders under section 33 and section 38 of Maharashtra Slum Act 1971 before the builder deposited the necessary transit rent with the Slum Rehabilitation Authority and individual agreements with each residents.

Furthermore, the police came with a demolition squad on 3 January 2023 and razed down two houses without following the procedure. After this, the residents held a large protest gathering in the slum. This led to a meeting with the CEO of SRA to complain about the procedural violation.

The CEO called for a joint meeting with the developer, residents and their committee to resolve the conflict. The CEO ruled in the favour of the residents and imposed strict monitoring regulations on the developer to follow the procedures.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for compensation

Demand to retain/protect access to common land/resources

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):

105.37

Type of investment:

Cost of Project

Year of Estimation

2022

Page Number In Investment Document:

5

Has the Conflict Ended?

Yes

When did it end?

January 2024

Why did the conflict end?

Community's original demands were met

The CEO of SRA approved the two demands of the community

4
Additional Information

Government Departments Involved in the Conflict:

Slum Rehabilitation Authority

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:

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

Complaint against procedural violations

Demand for compensation

Demand to retain/protect access to common land/resources

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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