No Right to Live - 14,000 families being forcefully evacuated by Shirke Constructions without due process of law

Press Note 28 June 2013
Aam Aadmi Party, Maharashtra

No Right to Live
14,000 families being forcefully evacuated by Shirke Constructions without due process of law.

In the last few decades MHADA allowed 14,000 families to buy tenancy rights in Transit Camps and allowed them to enjoy all the rights of entitled transit allottees.

Now MHADA has entered into exclusive redevelopment contracts with Shirke Construction in almost all the camps, without any tendering or bidding. Shirke is allegedly very close to Sharad Pawar and Prithviraj Chavan and hence enjoys an undisputed monpoly in
MHADA contracts.

In collusion with MHADA, Shirke is now throwing out these 14,000 families without going through any process of law. A notice is shoved through a door or window and in less than 48 hours the demolition begins! While some still occupy the houses, some have been thrown out and for some unfortunate others their houses have already been demolished. These are poor houses, in pathetic conditions, some in buildings and some in chawls, not very different from slums. These trapped people are not against the redevelopment, they are not even demanding free homes! All they are asking for is due notice period and the right to buy a home in the new project at ready reckoner prices!!

These people approached Aam Aadmi Party and after understanding that all they were asking for was the right to buy a home, Anjali Damania began talks with MHADA officials. Her first meeting was with the Chief Legal Adviser Shri CM Vachasunder and Shri Surawade, DE Transit. The next meeting was with CEO Mumbai Board Shri. N Sudhanshu (I.A.S) and CEO Repair Board CEO Thombre. The third meeting was with CEO Repair Board CEO Thombre, Shri Surawade, DE Transit and representatives of the legal department.

On behalf of these residents she asked for due notice for evacuation, cessation of demolition in the rains and their right to buy homes in the new development. MHADA makes houses for the needy of Mumbai and these people surely fall in that category. MHADA’s argument is that they only allot by lottery system. Anjali Damania suggested that they could reserve some flats for these people says 25% and sell the rest 75% on lottery - these exceptions have been made in the past. But MHADA officials seem pretty helpless in taking decisions.

While the talks continued on one side, illegal demolitions continued on the other. Many a time things came to a flashpoint between the residents and the demolition crew of Shirke Constructions. On 27th June Anjali met Minister of State of Housing, Slum Improvement Shri Sachin Ahir and he was not averse to this proposition but said it was in the Chief Minister’s purview to take a call. Despite repeated attempts, AAP has been unable to get an appointment with the Chief Minister; hence Anjali Damania led 400 residents to Mantralaya to at 11am on 28 June to meet the CM. Needless to say all have been arrested and detained at Marine Drive Police Station. Anjali has said she and the protestors will not take bail or leave the police station until the CM agrees to meet and resolve this issue. Talks are on that it is likely that the CM and MHADA officials will meet Anjali and the residents later today.

The History
Since 1972, 56 transit camps were made in Mumbai which house 22,500 families. Out of the 22,500 families, approximately 14,000 families who were originally allotted the homes, sold and alienated their rights in of their respective premises in favour of third parties - the purchasers. MHADA offices transferred the respective flats in the name of such third parties. All the 14,000 occupants have been paying rent to MHADA and have duly received rent receipts in respect thereof. However, since 2010 MHADA started showing the consideration received as “Services Charges”. All the 14,000 occupant families have documents like voters’ card, electric bills, birth certificates, ration cards and various documents since years to prove their credentials.

Now, decades later MHADA says its officers were wrong in allowing the transfer of tenancy right. But MHADA is represented through its officers and therefore all acts of its officers are deemed to be acts of MHADA. If at all MHADA has a remedy against the wrongs, it is only against its own officers for breach of trust and duty, and against these families. If these people wished they could battle with MHADA for rights paripasu of original allottees but all they are asking for is due notice period and the right to buy a home in the new construction.This will ensure that MHADA does not loose the revenue despite the wrongs of its own officials. And on the other hand it will ensure that the victims of the corrupt MHADA officials are provided with the opportunity to buy affordable homes.