Demolition of houses deemed to be illegal encroachments in Nani Daman’s Mitnawad settlement commenced on the 4th of April, 2023. The houses, primarily belonging to Daman’s ‘Mitna’ fishing community, were served eviction notices on the 20th of February, 2023 by the Deputy Collector of Daman. “59 houses in Mitnawad were served Eviction Notices”, says Sadanand Maganlal Mitna, member of the Daman District Panchayat.
The eviction notices were served under the provisions of the Goa, Daman, and Diu Land Revenue Code, 1968, which grants the government the power of ‘summary eviction of persons’ deemed to be unauthorisedly occupying government land. However, Sadanand Mitna claims that several of these houses have been constructed by the government itself.
Speaking to LCW, Mitna explained that six of these 59 houses have been constructed as recently as November 2022 under the Union Government’s Flagship ‘Housing for All Scheme’ PM Awas Yojana (‘PMAY’). The six households of Mitnawad were provided lumpsum amounts for construction of four-pillar permanent homes under the 'beneficiary led house construction' component of PMAY.
Mitna claimed the funds were transferred directly to beneficiary bank accounts by the Daman Municipal Corporation (‘DMC’). According to the residents of the area, the DMC was also involved in construction of several of the other 59 houses, which were constructed by them as early as 2008, and have since been home for various members of the OBC _Mitna _community.
Pravinaben Mitna, one of Mitnawad’s PMAY beneficiary, was among the many residents who was served eviction notice on the 20th of February. The notice stated that their house "had encroached upon government land” and she and her family were thus directed to vacate the land within 15 days, in addition to being liable “to pay a penalty of two times the assessment of rent for the land for the period of unauthorised use or occupation”.
The eviction notice was served on the residents despite the fact that all the PMAY houses, including that of Pravinaben Mitna, were granted Completion Certificates (‘CC’) by the DMC itself, and had government painted PMAY name-plates on the front-wall of the house.
To make matters worse, on the 13th of March, Pravinaben Mitna and the 5 other PMAY ‘beneficiaries’ were served show cause notices by the DMC stating that they had illegally constructed houses on government property. All the beneficiaries were further directed to ensure that all payments made to the said ‘beneficiaries’ under PMAY scheme were reimbursed to the DMC. Pravinaben Mitna has accordingly been directed to pay Rs. 2,79,000 to the DMC. The 6 PMAY ‘Beneficiaries’ had immediately moved the Bombay High Court seeking relief. However, the matters are yet to be listed.
On 4th April, 2023, bulldozers and JCBs demolished Kapil Mitna’s PMAY home, in addition to four other homes deemed to be illegal encroachments, which, however, were allegedly constructed by the DMC itself.
Locals were informed that the lands being cleared of ‘encroachments’ will be used for construction of a police station and playground for children.
Speaking to LCW on the condition on anonymity, a member of the Daman Collectorate stated that the demolitions were part of routine clearance of illegal encroachments.
“This is how the administration in Daman treats the poor” says Umeshbhai Patel, local community leader and founder of Daman’s Youth Action Force NGO. Patel has been actively advocating for the land rights of the traditional communities of Daman, which has witnessed multiple demolition drives carried out by the administration over the past 4 years, owing to a complicated land revenue administration arising in all former Portuguese colonies in India.
Demand/Contention of the Affected Community
Demand for rehabilitation
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
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?
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?
No
When did it end?
Why did the conflict end?
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
No
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:
Non-rehabilitation of displaced people
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Bombay High Court
Case Number
WP/6478/2023(stamp); WP/6226/2023(stamp); WP/6483/2023(stamp); WP/6477/2023(stamp); WP/6485/2023(stamp); WP/6476/2023(stamp);
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
59 houses in Daman's Mitnawad were served Eviction Notices, and asked to vacate their homes in 20.02.2023. Six of those 59 houses were demolished on 4.04.2023, as they were deemed to be illegally encroaching on government land. No rehabilitation has been provided by the Administration.
Date of Violation
April 3, 2023
Location of Violation
Mitnawad, Nani Daman, Daman
Government Departments Involved in the Conflict:
Daman Collectorate, Daman Municipal Council
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:
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?
Maitreya is an independent environmental law practitioner having secured a B.A.LL.B. (Hons) from Hidayatullah National Law University.
Initiating his legal practice at the chambers of ex-President of the NGT Western Zone Bar Association Adv. Asim Sarode, Maitreya has gone on to work with the 2021 Right Livelihood awardee 'Legal Initiative for Forest and Environment' (LIFE) before commencing independent environmental law practice before various benches of the National Green Tribunal in 2022.
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