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From: Architexturez-IN <admin-in@xxxxxxxxxxxxxxxxx>
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Date: Mon, 31 Dec 2007 11:40:31 +0530
National Alliance of People's Movements
28, 'A' wing, 1st Floor, Haji Habib Building, Naigaon Cross Road
Dadar (East), Mumbai – 400014 E-mail: mumbainapm@xxxxxxxxx
__________________________________________________________________
Mumbai Update
31.12.07
· Land doled out for luxury & profits, violates law & deprives others.
· Slum dwellers deposit Rs 2000 with Chief Minister demanding lease of
land as against builders paying 40 paise/acre, challenging unjustifiable
low lease rent for builders.
· Hiranadani Gardens case needs an enquiry and action
Mumbai, the financial capital houses 60% of its population, contained on
less than 15% of the total land-base of the city, in slums that are
inhabitable. The proliferation of slums has always been considered as an
activity of 'encroachment' over public land and never an act resultant
of misplaced policies and priorities. The disparity and discrimination
has been exposed time and again by all those who have been associated
and committed to the rights of the underprivileged who are the hard
working but exploited and discriminated.
The encroachments by the influential, operating as nexus which includes
builders-politicians-bureaucrats are not only ignored, but are
formalized and legalized. The most shocking in this regard is the case
of Hiranandani Gardens, where land to the tune of 230 acres was handed
over to private land holders/developers on an 80 year lease at the
abysmal rate of 40 paise per acre. In order to make this possible, laws
and rules were twisted, misquoted and violated to incur pecuniary
benefits to the private parties but at the cost of public resources. On
one hand the 10 by 10 ft houses of the poor are bulldozed under the
pretext, these being encroachment on public lands, illegal possession of
land holders over more than 30,000 acres of land has been formalized by
the repeal of Urban Land Ceiling Act. The case of Hiranandani Gardens is
one such case in this series of violations and manipulations engaged in
by the State to benefit the few while ignoring the working class of
Mumbai city.
In 1977, with the avowed purpose of meeting the large housing deficit,
an Area Housing Scheme termed as Powai Housing Development Scheme, was
formulated for the lands situated in the villages of Powai, Kopri and
Tirandaz spread over 140 hectares of land. Out of these 70.85 acres was
laid for residential which included housing for economic weaker sections
as well as Lower & Middle Income Groups. The scheme was estimated to
cost Rs. 181.75 lacs and was to be carried out by the then 'Bombay
Metropolitan Regional Development Authority. The Authority confirmed
that with inflows and outflows assessment, the required amount could be
made available.
In June 1979 the said Scheme was approved by the state government
through Urban Development Department. Thereafter BMRDA resolved that the
"financial position of BMRDA does not enable to spend such a large mount
for acquisition nor is it possible for Government to assure any regular
flow of funds for such purposes". Therefore it was agreed upon to favor
and approve the proposal of the present land owners to allow them to
continue hold the land even though above the ceiling limit under the
Urban Land Ceiling Act.
Thus a tripartite agreement was entered on 19th November, 1986 by the
BMRDA, the State Government with Urban Development Department and 19
land hlders with Varma and sharma families and Mr. N. Hiranandani as a
power of attorney. The agreement provided for exemptions from the
provisions of Urban Land Ceiling Act and handing over of the land on a
lease of 80 years at the rate of 40 paise per acre. In return the
leasers including the sub-lease were bound to undertake the development
of the lands as per the provisions of the Powai Area Development Scheme.
This was to consist of construction of flats/apartments 50% of which
were not to exceed the size of 40 sq.meters and the rest 50% not
exceeding 80 sq. meters. Further within a period of 10 years they were
to develop the infrastructure including water mains, sewers, storm water
drains, roads, open spaces for the schools, parks, service industry,
hospitals etc and hand over to the Municipal Corporation of Mumbai. In
addition flats/apartments equivalent to 15% of the FSI consumed by the
land holders was to be handed over to State Government a t the rate of
Rs 135 per sq. meter.
This agreement was entered into, with special provisions and exemptions
for the land holders when there was a set of guidelines in existence,
known as GR of 22 August 1986 which provided for the houses for the
economically weaker section. Later on none less than Secretary, UDD had
raised objections to the Scheme and mentioned that "UDD is opposed to
entering into any more agreement other than in accordance with the
provisions of GR of 22 August 1986". But these valid objections of Shri
D.T Joseph were ignored and by passed.
But what is clear that as per the provisions of the agreement the lease
as well as sub-lease were obliged to construct houses within the limits
of 40 sq. meters to maximum of 80 sq. meters. It is a known fact that
Hiranandani Gardens, as it stands today consists of 42 residential and
23 commercial buildings with no flat less than the size of 1800 sq. ft,
which exceeds up to 4925 sq. ft as per the information available on
their website and brochures issued by the same. Further the price quoted
by them for a flat of the area 2125 sq. ft is in tune of 4 crores!
This gross violation of law has not just brought in huge profits but
deprived the poor of their right to land (The dis-housed and the slum
dwellers). On demanding that the Chief Minister and the Government of
Maharashtra should also lease out land to the co – operatives of the
poor similarly even if at a rent, 100 times higher, Mr Hiranadani has
stated before a journalist that he is not the only one; there are others
too who have benefited the same way! Awful are the decisions of the
state which go as legitimate in the name of policy and planning. It is
indeed manipulation of resources by a few which leave millions destitute
encroachers!
NAPM will continue to fight for every citizen's right to housing and
Life!
Simpreet Singh Medha Patkar