Slum Movements

Moragoan, Juhu

Nivara Hakk first complained to the Ministry of Environment and Forest, New Delhi on 2nd May 1997 by writing a letter about the illegal construction of a building on the seaward side by Shanghai Developers. The government had granted a LOI and violated the CRZ II law. The builder's proposal had grave malpractices, and the 70% consent of locals it showed was bogus. From the submitted list 98 members on the list did not live in Moragaon and their names didnt appear on election roll of 1.1.1995, 12 couples were shown as split to claim 24 houses, names of only those who were listed in 1985 electoral roll were mentioned, 61 hutments thus left out whose names were there in 1996 electoral list.

Builder along with the corporator threatened and forced locals to sign agreements. The builder had demolished 150 structures in July 1996. These residents could not be traced and their names were not included in the list. The builders wanted more free sale component and was even land filling.

In 1996, Moragaon Kohli Samaj Seva Sangh had written letters to the then Chief Minister Manohar Joshi about unauthorized construction and land filling in Juhu Mora Village by Messrs Privincial Housing and Private Ltd. In August 1996 residents wrote to Nivara Hakk Activist P.K.Das saying boulders weighing 100 kgs each were being dumped on the sea shore, huts were being raised in the name of SRD scheme and access to sea for 150 fishermen families was blocked. The residents requested the SRA officials to visit the site and take note of these unscrupulous activities.

On 26th August 1996, Nivara Hakk Activist Shabana Azmi with several others physically stopped cranes and dumpers operating on Juhu beach for construction work on this illegal project near the hightide line of the beach. On 27th August, 1996 Nivara Hakk wrote a letter to the CEO of SRA mentioning about boulders, 250 houses demolition, temporary two storey structure built, forced eviction/bribery to vacate by the builder, no transit accommodation provided for those whose homes were raised, lack to information to locals, and security guard not allowing fishermen to spread their nets across the sea.

The CEO of SRA then wrote to the BMC to stop work as no IOD was given. The High Court on 11th September 1996 stated the same and asked the builder to restore land to its original condition. It also asked for a joint survey to determine the boundary, list of society members and existing structures.

Throughout 1996, the builder was very uncooperative and refused to participate in any discussion. In June 1997, violence erupted at Moragoan, as the builder and Shiv Sena Corpoator Ashok Jhadhav threatened some people to sign on blank papers and even slapped a resident.

However, according to the builder, on 10th June 1998, MOE&F, New Delhi allowed construction on landward side of imaginary line drawn along the existing authorized structures in CRZ II. Nivara Hakk asked for s a copy of letter dated 27th March 1998 so that exact text of modification was brought to our knowledge. Nivara Hakk decided to challenge the MOEF order as CRZ II was officially not amended.

The plot was partly reserved for fishermen housing and Nivara Hakk, collector's office and housing department agreed for a joint survey of the plot. The builder was asked to vacate the land he had occupied. But that didn't happen, in fact in 2000, he influned the survey officers to exclude names of slum dwellers from the then ongoing census data collection drive. In May 2002, he started carrying illegal repair and re-construction of huts under SRA. He again started pressurizing locals to sign his agreement.

 

Struggle Chronology

1996

1996 – Petition filed against govt. authorities and Messrs Provincial Housing & Properties Ltd for misrepresentation of facts and fraud regarding redevelopment of a plot at Mora village, Andheri.

26th July 1996- Letter to Manohar Joshi – CM about unauthorized construction and land filling in Juhu Mora Village in violation of supreme court order. Letter by Moragaon koli Samaj Seva Sangh.

9th Aug 1996 – Govt. flouts rules to help slum dwellers?
Express Newsline

16th Aug 1996- Residents writ to P.K.Das saying boulders weighing 100 kgs each are being dumped on the sea shore, huts being raized in the name of SRD scheme, access to sea for 150 fishermen families being blocked

23.8.96 – Letter to Mumbai Upnahan Zilla asking SRD officials presence is must for investigation letter by MK SSS

26 08.96 – Economic Times – Shabana stars in Juhu 'shooting' of road construction
Shabana physically stopped cranes and dumpers operating on Juhu beach for construction work on an allegedly illegal ward near the hightide line of the beach by the developers.

27th Aug 1996 – Letter by NHSS to D.T. Joseph, CEO, SRA

Violation of rights by Sanghai builders

  1. Huge boulders dumped to expand land area
  2. 250 houses demolished
  3. Temporary 2 storeyed structure built
  4. Builders vacating the plot by persuasion and force. Money being paid to families to vacate
  5. No transit accommodation provided
  6. Builders concealing information from locals
  7. Security guards teasing women, not allowing fishermen to spread their nets or access the sea.

27th Aug 1996 – SRD CRO writes to BMC commissioner to look into the matter, states no IOD was given, no road should be constructed, any work being done should be stopped.

28th Aug 1996 – Stop work notice issued by collector – suburban

2nd Sept 1996 – Residents write to SRA asking to stop work by Builder on plot.

2nd Sept 1996 – BMC tells Moragaon residents stop work has been issued

4th Sept 1996 – letter written to Police Station regarding injustice done to fisherman (Marathi letter)

11th Sept 1996 – Letter to CEO, SRA by NHSS copy of petition to High court.
Chief justice has orderd no work should be carried out by the builders, approval must be accordance with CRZ.
The work carried on basis of LOI is illegal
Dumping and reclamation is illegal, land should be restored to its original condition
A joint survey must be carried to determine the boundary
A joint verification of the list of society members must be carried out
A joint survey of existing structures should be carried out

19th Sept 1996- Letter to CEO, SRA
Major fraud in the list by provisional housing to slum dept.
From the list of 502, 98 are outsiders whose names are not even in 1995 voters list
12 couples have been split to show 24 houses
The list used is of 1985 voter list, 61 hutments
Signatures of some hutments forged
In physical survey 36 structures have been divided to show 73 houses

30th Oct 1996 – Letter to CEO, SRA
Mr.Shanghai refused to participate in any discussion. Was rude and uncooperative. Please cancel the proposal by the developers.

4.11.1996 – Letter to promoter by SRA shift the boulders to restore beach to original condition on your own costs.

29th November 1996 – Letter to BMC to demolish illegal structures built by builders and make sure beach is restored

1997

20th March 1997- Letter to SRA to cancel builders application and inform what will be FSI if we develop on our own

16th April 1997- Fishermen fight to save their village

20th June 1997- Violance at Moragaon – Juhu letter to senior police inspector. Builder Shanghai & Shiv Sena corporator Ashok Jhadhav threatened some people to sign on blank papers, slapped a resident

Letter to Additional Secretary, MOEF, New Delhi – 2nd May 1997
Sub: Construction being proposed on Juhu, Beach Moragaon Slum Redevelopment.

Violation of CRZ by builders / Developers Shanghai in their attempt to build multi storeyed apartments under the guise of slum redevelopment scheme.

Moragaon is situated at J.K. Mahatre road, Juhu and runs along the coastal stretch. It is within 500 mts of the hightide line, only 25 mts away from hightide line. Falls within CRA II and according to this no building allowed to be constructed on sea ward size. LOI granted on seaward size of Mahatre Road which is violation of CRA law.

Also for 70% consent, 98 members on the list do not live in Marogaon and their names don't appear on election roll of 1.1.95, 12 couples were shown as split to claim 24 houses, names only till 1985 electoral roll, 61 hutments thus left out whose names one there in 1996 electoral list.
Builder along with corporator is threatening corporators and forcing locals to sign agreements.
The builder had demolished 150 structures in July 1996. These residents cannot be traced and their names not included in the list. The builders wants more free sale component. The builder is also land filling. Stop issuing approvals

8th May 1997 – TOI
Bogus names creep into slum schemes

1998

6th April 1998- Nivara sends legal notice to CEO, SRA to furnish documents of the survey of Moregaon which show irregularities of the builder.

10th June 1998 – MOEF New Delhi allows construction of landward side of imaginary line drawn along the existing authorized structures in CRA II. Send us a copy of letter dated 27th March 1998 so that exact text of modification is brought to our knowledge

11th June 1998 – Nivara writes to SRA saying do not grant permission as they will challenge the MOEF order as CRA II law is not officially amended

2nd July 1998 – Meeting with collector and P.K. Das agree for re-survey of plot and people. Plot partly reserved for fishermen's housing.

12th Aug – Letter from SRA to Architect T.Husan stating development plan approved.

21st Aug 1998 – joint survey carried at only 150 structures at Moragaon

24th Nov 1998- NHSS request joint survey of Moragaon slums with housing dept. Mantralaya

21st Dec 1998- Meeting with Gautam Chatterjee, CEO, SRA – re-survey and environmental clearance and right of slum dwellers to develop their own houses

2000

6th April 2000- Letter to additional chief secretary, GOM asking to evict builder as he is forcibly occupying space and is grabbing land in Moregaon

27th July 2000- Exclusion of slum dwellers from present going census
Builder influencing survey officers, population has adequate proof including pre 95 and 91 voters list request to record all pre 95 slum dwellers

15th May 2002 – Builder carrying illegal repair and re-construction of additional huts under SRA. Same builder putting pressure for obtaining signature on various documents.