In October 2024, over 2,500 families residing in 41 unauthorised buildings at Agarwal Nagar in Mumbai's Nalasopara area were served eviction notices by the Vasai Virar City Municipal Corporation (VVCMC) to vacate their homes. Civic authorities stated that these buildings were illegal encroachments constructed by private builders on municipally reserved land.
The notice came after a Supreme Court bench issued an order stating that the authorities were at liberty to go ahead with the demolition of the illegal buildings. The Supreme Court added that the civic authorities should explore the possibility of rehabilitation of the affected occupants.
In July, the civic authorities had served eviction notices, affecting nearly 8,000 residents, to vacate their homes within just 24 hours. Following an uproar, the Bombay High Court had stayed their eviction for three months due to the impending monsoon season.
The main grievance of the residents was that a site specifically reserved for a sewage treatment plant and dumping ground was constructed upon without any permission from authorities and yet no action was taken by authorities. The residents argued that they purchased the units in these buildings after the developer assured them that these structures were legal.
According to a media report, the plot on which the illegal buildings were constructed measures around 60 acres.
In 2006, Sitaram Gupta, a former corporator of the Bahujan Vikas Aghadi (BVA) party in the Vasai-Virar region, and his son Arun Gupta began illegal construction of buildings without obtaining Construction Permits (CC) or Occupancy Certificates (OC). In between 2010 and 2012, 41 unauthorised buildings were constructed. The accused allegedly acquired 30 acres of land from private owners and an additional 30 acres reserved for government projects, including a dumping ground and a Sewage Treatment Plant (STP). They sold the land to various builders using fake ownership documents.
The issue took a new turn when Ajay Sharma, the complainant and caretaker of the 30 acres of land, filed a public interest petition in the High Court, leading to a court order directing the municipal corporation to evict the residents of these 41 buildings.
Sitaram Gupta was arrested in September 2022. The Municipal Corporation filed an FIR against Sitaram Gupta and his associate Vijay Salvi in June 2023. They were charged with multiple offences under the IPC such as cheating, criminal trespass and forgery of documents.
The VVMC started the evictions and demolitions from 8 October 2024. The residents are now either turning homeless or shifting on rent while the developers are absconding.
Demand/Contention of the Affected Community
Demand for rehabilitation
Demand for legal recognition of land rights
Other Demand/Contention of the Affected Community
The eviction notice has left the affected families in distress. Many of them, who have been living in these buildings for the past 15 years, work in manual jobs and are now uncertain about their future. Concerned about their immediate relocation, these families have appealed to the Bombay High Court to stay their eviction and subsequently the government for assistance in finding alternative housing.
Region Classification
Urban
Type of Land
Common and Private
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?
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
Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
Yes
When did it end?
November 2024
Why did the conflict end?
The 41 buildings have been demolished.
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Forced evictions/dispossession of land
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Bombay High Court
Case Number
INTERIM APPLICATION NO. 9774 OF 2024 IN WRIT PETITION NO. 15853 OF 2022
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
Sections 420 (cheating), 447 (criminal trespass), 465 (forgery), 467 (forgery of valuable security), 468 (forgery for the purpose of cheating), 471 (using as genuine a forged document), 474 (having possession of a forged document), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Vasai-Virar City Municipal Corporation
PSUs Involved in the Conflict:
City and Industrial Development Corporation of Maharashtra (CIDCO)
Did LCW Approach Government Authorities for Comments?
No
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:
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?
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