West Bengal
Chitpur
,
Kolkata
,
Kolkata
Published :
May 2020
|
Updated :
Tallah Basti Residents in Kolkata Harassed by Police, Evicted for Bridge Work
Reported by
Mitali Biswas
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
200
People affected
2019
Year started
Land area affected
Households affected
200
People Affected
2019
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On September 25, 2019, more than 100 people living under and around Tallah Bridge, in what is known as Tallah basti, were ordered to evacuate the area with no written notice. The police, along with Tarun Saha, one of the borough chairmen of the Kolkata Municipal Corporation (KMC), visited the area overnight and asked them to vacate their houses, threatening to throw out their belongings. Tallah bridge is located on BT Roads Nazrul Pally lane. The bridge is a key link between Shyambazar and areas further north, leading up to Barrackpore. The railways and the PWD are jointly responsible for the maintenance of the 57yearold bridge. In September 2018, the Public Works Department (PWD) observed that the concrete in the bridge had peeled off in many places, leading to a corrosion of the steel reinforcements. It identified the bridge as vulnerable, along with a clutch of other bridges, and suggested repairs. On November 6, 2019, the PWD issued a written notice, which stated that the people living under the bridge were illegally occupying the area and that they should be removed or appropriate action would be taken. The move was seen as a runup to the repair work of Tallah Bridge. Meanwhile, between September 25 and November 6, the police visited the basti regularly and continued to threaten the residents. On a few occasions, the police even threw out personal belongings. Some residents eventually moved out of the area in the face of the harassment and shifted to dilapidated transit camps at the railway yard and near Chitpur canal. On January 2, 2020, following a meeting between state chief secretary Rajiva Sinha, railway engineers and the PWD, it was decided that the PWD would demolish Tallah Bridge as it has lost much of its loadbearing capacity. The demolition was scheduled to start on January 5 but was later postponed to February. Ahead of the demolition, the houses of the daily wage labourers were demolished by the PWD on November 11, five days after the written notice was issued. The labourers are now scattered in three surrounding areas. According to the residents, the KMC had failed to deliver on its promises.** ** Kamala Das, one of the inhabitants of the transit camp, told Land Conflict Watch that Saha had promised them that their houses would not be demolished and that they could return after the repair of the bridge was completed. He had also assured them that they would be relocated to flats in a building. "Once we learnt that we would instead be moved to transit camps, Saha promised us electricity throughout the day as well as tin sheds for roof. But even those were not fulfilled," she adds. In the name of rehabilitation, the PWD provided the labourers temporary housing in the transit camps, made with long bamboo structures covered with black tarpaulin sheets. But these lack proper toilets, not to mention that plastic is combustible and there is no fire extinguisher in these shelters. Within a few hours of rain, the sewers around the tents get filled. Thirtyfiveyearold Fultoshi Hajra, one of the inhabitants, told Land Conflict Watch, The children have to walk to the toilet, which is far from their tents, and it is unsafe to do so at night. As the tents are made of plastic, anyone can tear through them with blade or scissors. In November 2019, the evicted people formed a committee called Basteevasi Shramjivi Adhikar Raksha Committee – Tallah. Uttam Das, a member, told Land Conflict Watch, We have been living under the bridge for two generations. My father is a cancer patient; what will I do now? In the summer, how will people survive without electricity? Almost everyone has a valid identity card, such as voter card, Aadhaar card and ration card. Everyone has gas and electricity connections. Even with all these proofs, we are homeless today. On November 25, 2019, following a petition at the Calcutta High Court by two residents of the basti, Sabyasachi Bhattacharjee, a judge at the court, ordered the state government** to consider the case on humanitarian grounds and directed it to explain through an affidavit the action it had taken on rehabilitation within 15 days. The KMC's promise **of rehabilitation remains unfulfilled to date. The evacuees have demanded a written assurance from Saha stating that they would be allowed to return to their old area after the completion of the bridge work. Saha is yet to respond. The construction of a new bridge is slated for June 2019. This is estimated to be about six metres wider than Tallah Bridge and will be built at a cost of INR 268.23 crore.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Proper rehabilitation

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):

268.23

Type of investment:

Cost of Project

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:

Public Works Department, Kolkata Municipal Corporation, Indian Railway Board

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
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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