Slum Movements

EVICTION AFTER LIVING ATOP MUMABI'S STORM WATER DRAINS FOR 30 YEARS

The Mahakali Nagar case was an interesting and successful representation Nivara Hakk made on behalf of the 1,500 families who had lived atop the British-built storm water drains in Worli – the largest in Mumbai Island city – for over 30 years. The issue became live when the massive double barrel drain lines collapsed at two places and 4 people perished sometime in August 1993. To carry out urgent repairs and prevent further collapse, nearly 300 houses were demolished and evicted. The Brihanmumbai Municipal Corporation (BMC) began identifying through MHADA 3 possible alternative sites. It is at this stage that the Mahakali Nagar residents, sensing widescale demolition and eviction, approached Nivara Hakk to represent them.

The BMC, using the tragedy of the collapse, saw an opportunity to reclaim the land for the 120-feet road to serve the Regional Passport Office Area it was earlier earmarked for. The BMC argued that the link between Worli Sea Face (Khan Abdul Gafar Khan Road) and the arterial north-south Dr. Annie Besant Road was essential. It also claimed that central Mumbai gets flooded due to blockages that can't be repaired because of the slum during the monsoons resulting in traffic snarls and loss of crores of rupees.

Nivara Hakk represented that a humanitarian approach needed to be followed and involved the then Chief Minister Sharad Pawar in August 1993 to find a solution. In the first stage, the first batch of 250 residents shifted to Anandnagar, Andheri west to make way to open the sewer mains for repairs. The BMC however agreed that those whose houses don't disturb the main storm water lines would be allowed to continue.

In the second round in May 1994, another batch of 450 families voluntarily shifted out vacating the entire space above the sewer mains. These families were allotted alternative pitches in far off Malvani and underwent the ordeal of staying with relatives in transit tin sheds while awaiting the clearance of their redevelopment scheme by the BMC. Of these, 120 families of this batch have not been approved for alternative accommodation.

In the final round, in April 1995, the BMC dropped its ruse of 'repair of storm water drains' and launched its project to complete a wide feeder road connecting Worli Seaface with Annie Beasant Road at the old Passport Office. On April 19 and 20, 1995, demolition of the last batch of 950 slum homes was ordered. NHSS appealed to the BMC and State Govt. to avert this avoidable tragedy and explore a more humane alternative with the people's representatives. On 20th April 1995 200 homes were razed and then demolitions continued in batches.

While south Mumbai got its gleaming connector road from the Worli Seaface, the action of Mahakali Nagar residents shifted to Malvani, near Malad, where a resettlement colony was earmarked for them. It is largely because of the constant lobbying and agitation led by Nivara Hakk that the alternative site was provided, proper civic amenities and access roads. Issues of providing all the eligible Mahakali residents with pitches continued into September 1996.

Simultaneously, Nivara Hakk helped the Mahakali residents committee develop a slum rehabilitation scheme under the SRA with Skyline Builders. This was sanctioned for the first phase in May 1996, for 485 resident families with an FSI of 2.5. The deal also provided for the builder constructing transit accommodation for 300 families who had no alternative, till the project was completed. Provision was also made to build 26,000 sq ft built up area to house municipal employees by the builder since the plot was reserved for Municipal employees. It was free of cost to the BMC but the area will not deductible from the FSI. The entire bargaining process with the builder for the best deal possible was conducted by Nivara Hakk representatives.

Many of those who benefited from the rehab sold out and left the colony in years to come. Some continued. However, this was the classic case of Nivara Hakk intervening almost like a trade union to get the best deal and facilities possible when preventing the shifting of a slum became impossible.

Struggle Chronology