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Legal Review by
Edited by
Updated by
Published on
March 20, 2024
March 21, 2024
Edited on
March 20, 2024
Over 1,000 people were rendered homeless after the Municipal Corporation of Greater Mumbai (MCGM) demolished about 200 structures on 6 and 7 February, 2024, in Panchsheel Nagar slum in Govandi, in Mumbai suburb, without prior notice.
Residents along with activists of Jan Haqq Sangarsh Samiti resisted the demolitions, which were carried out in haste, barely allowing them to collect their documents and belongings.
Jan Haqq Sangarsh Samiti members alleged that the police lathicharged the residents trying to individually resist the eviction from their household. The police further detained seven activists of the collective. Those detained were released in the evening.
The MCGM had served an eviction and demolition notice to residents of Panchsheel Nagar on 17 October, 2023. However, the residents and a local organization noted that the notice did not have an official seal and signature. Also, it did not mention the CTS location of the area to be demolished. After this, the residents had submitted an application for rehabilitation and threatened to protest against the MCGM. The MCGM had then agreed to identify protected structures before any evictions were conducted.
On February 2, oral announcements were made by BMC officials about the impending demolition. However, on 6 February 2024, the MCGM came to the settlement without any prior notice and carried out the demolitions.
MCGM officials informed the residents that the evictions were conducted for construction of a girls hostel and a park as mentioned in the Development Plan. Residents, however, protested outside the Brihanmumbai Municipal Corporation (BMC) office against procedural violation during the eviction drive.
The MCGM did not conduct a survey of all residents or create the Annexure of eligible and ineligible residents. As per the eligibility, the MCGM is bound to rehabilitate people prior to demolishing structures built before 01.01.2011. These complaints were not answered by the officials of MCGM and they continued demolishing houses on the second day as well.
On 8 February, 2024, the residents along with Jan Haqq Sangarsh Samiti, called for a protest march demanding an immediate halt on evictions and urged the MCGM to follow the due procedures of law. They also demanded restoration of water and electricity connections; making a list of eligible and ineligible slum dwellers based on documents submitted; holding hearings in case of objections; and correct the incorrect data based on which demolitions were done. After the protest, the MCGM halted the demolitions for seven days. However, fearing complete eviction from the land after the end of seven days, residents started a sit in protest at the site demanding MCGM to follow the procedures established to evict and rehabilitate slum dwellers.
A week later, the MCGM officials agreed to grant residents seven days' time to submit their documents, after which they said they will prepare the annexure, and then take action.
The Jan Haqq Sangarsh Samiti organisation has submitted documents of all residents as per the resettlement deadline of 2011. They also met the area MLA Nawab Malik who assured the rehabilitation of those eligible and confirmed the plan to construct a hostel for working women on the said plot.
Demand for rehabilitation
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Urban
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
Detention
How many people did the police detain or arrest?
7
What is the current status of the detained/accused persons?
Released from detention
Did the person face any violence while in police custody?
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?
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
Page Number In Investment Document:
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.
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
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-consultation with stakeholders
Forced evictions/dispossession of land
Non-rehabilitation of displaced people
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Lathicharge/teargas/pellets
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
On 6 February, 2024, when officials of the Municipal Corporation of Greater Mumbai (MCGM) arrived in Panchsheel Nagar to evict and demolish slum structures, the residents along with activists of Jan Haqq Sangarsh Samiti (a people's collective that works on housing and labour rights) physically resisted the demolitions. The police then used minor force and detained seven activists of the collective. They further lathicharged the residents trying to individually resist the eviction from their household. Those detained were released in the evening.
Date of Violation
February 5, 2024
Location of Violation
Panchsheel Nagar, Govandi
Nature of Protest
Protests/marches
Campaigns (grassroots organisations/press releases/media)
Government Departments Involved in the Conflict:
Municipal Corporation of Greater Mumbai (MCGM)
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
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?
Detention
How many people did the police detain or arrest?
7
What is the current status of the detained/accused persons?
Released from detention
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?
Protests outside ward office against demolition in Panchsheel Nagar.
Image Credit:
Chetana Kothari
Image Credit:
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