West Bengal
,
Subhas Sarovar
,
Kolkata
Published :
Sep 2017
|
Updated :
Slum Dwellers in Kolkata Assaulted, Forcefully Evicted for Beautification Drive
Reported by
Mitali Biswas
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
106
People affected
2017
Year started
Land area affected
Households affected
106
People Affected
2017
Year started
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Tourism
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Industry
Reason/Cause of conflict
Tourism
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On September 10, 2017, local leaders of the Trinamool Congress, along with the police, allegedly demolished a slum settlement with 22 families next to the Subhas Sarovar in Kolkata. The slums were demolished for a "beautification" drive under the Kolkata Metropolitan Development Authority (KMDA) for the FIFA U-17 World Cup, the final of which was held in Kolkata's Salt Lake Stadium on October 28, 2017. The drive was aimed at providing recreational facilities, such as a food court, joggers park and open-air theatre. After the demolition, students of the National University of Juridical Sciences (NUJS), under the banner of Increasing Diversity by Increasing Access (IDIA), filed a public interest litigation with three slum dwellers at the Calcutta High Court, challenging the government's decision to evict the slum dwellers. The petition stated that the arbitrary actions of the government amounted to a violation of Articles 14, 19, 21 and 300A of the Constitution. It was also contended that the state authorities were forcing the petitioners and other slum dwellers to evict the area without any notice or rehabilitation scheme in place. Justice Ranjit Kumar Bag granted a stay on the eviction. Meanwhile, the authorities had already begun construction around the area. On September 11, 2017, advocate Aniruddha Chatterjee, appearing for petitioner Shiv Shankar Ray, who had moved the high court earlier seeking a stay on the eviction of the families living there, informed the court that the demolition of the shanties violated the High Court order issued on August 24. The court had ordered the KMDA to relocate all the 22 displaced families in a Kolkata Improvement Trust (KIT) plot near Subhas Sarovar within 24 hours. The 22 families, who have been living in the area for more than a decade, are yet to be rehabilitated. However, as per latest information obtained through local sources on January 29, 2021, there is no agitation going on ground.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

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

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

100

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Kolkata Metropolitan Development Authority, West Bengal Tourism Department, Kolkata Improvement Trust

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

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:

Students of NUJS (National University of Jurisdical Sciences), Increasing Diversity by Increasing Access (IDIA)

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
Mitali Biswas

Mitali has previously worked as a freelance journalist for Doordarshan. She has directed and produced documentaries themed on sexual violence against women and the peasant movement at Bhangar in West Bengal. She has also co-directed SD, an investigative biography on slain Naxalite leader Saroj Datta. She is currently in the editorial board of Protibidhan, a Bengali magazine dedicated to women’s movements.

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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

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

Whether the project was stalled due to land conflict

Source/Reference

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