WITNESS THE TRUE SPIRIT OF MUMBAI AT GOLIBAR, KHAR EAST – FEB 5TH, 5 PM
It is a slum, and like slum colonies across the city, will eventually be demolished to make way for buildings. We are not against redevelopment. Only, we insist it be just and legal. We insist on people’s participation in redevelopment.
Our houses are small, beautiful and clean. Were, until two weeks ago. Today we live in a Society ravaged by the demolition team that comes every day. The symbols of resistance are on every unbroken wall, and in every one of us – even our children – is the true spirit of Mumbai. Because we are Mumbaikars. We settled this land when it was a marshland. We are the working-classes – we run small businesses and render the services that keep this city moving, ever alive.
Today we need you, the Media, and society at large, to recognize our contribution, to come to our street and witness and support our struggle!
On February 5, 2011, at 5pm, we are holding a people’s rally at Golibar. Do Come.
Medhatai Patkar, Ghar Bachao Ghar Banao Andolan and many supporters from outside Golibar, as well people from across Golibar are gathering to declare that:
Rehabilitation projects, the manner in which they are being implemented, are challenging the basic Constitutional rights of the citizens of this country. We ask that the rights of the citizens be upheld. Towards that end, we demand that the State:
- Order an immediate enquiry into the demolition violence at Golibar on the 20th of January and the subsequent 3 demolition drives which have caused irreparable loss to the people. Under which authority does an ‘eviction’ notice become a demolition drive?
- Order enquiries into the overall fraudulent practices in the implementation of the SRA schemes, that threaten the rights of the people.
- Ensure that the police acts on the forgery case against the builder, as directed by the High Court.
- Ensure that adequate compensation be provided to all those who were affected in the police violence and subsequent demolition since Jan 20th.
- Ensure that all those evicted so far be rehabilitated in a fair manner and in accordance with the law and the orders of the High Court.
- Order an enquiry into the circumstances under which development rights under the 3K clause is being granted to private builders, whereby they get to develop huge tracts of land with no competitive bidding.
- Make public the investigation of Shivalik Ventures’ sources of funding.
The last point will be unveiled and elaborated to the public at the February 5th meeting.
COME TO GOLIBAR. WRITE ABOUT US. FILM OUR STRUGGLE.
A Brief History:
The 46 Societies under redevelopment in Golibar, Khar east, have 5360 members, of whom 4947 have been found to be eligible for redevelopment by MHADA and Shivalik Ventures.
In 1994, Ganesh Krupa Society was formed and in 1996, declared a slum for rehabilitation purposes. A year later the society paid property assessment tax of Rs. 5 lakhs and so the households gained a legal foothold on their land.
Golibar (also known as Jawahar Nagar)’s 46 societies are to be demolished to make way for a project called Santa City. But we, who are one of the Societies, never appointed Shivalik Ventures (Unitech Builders holds fifty percent stake in this, the country’s second largest real estate company), who is trying to “develop” our land. Entire Golibar was brought under a 3K cluster development plan by the state authorities, who appointed Shivalik Ventures. The 3K is a clause in the SRA, which gives the state government to bypass many norms. It is issued in extraordinary circumstances. What was the “extraordinary circumstance” that let Shivalik Ventures have 3K? Cluster development is not allowed in the suburbs of Mumbai.
Besides, our tripartite, registered agreement was with a different builder – Madhu Constructions.
In 2004, Madhu Constructions got a Letter of Intent (LOI) from the SRA, for construction. On March 2, 2008, without informing the Society, Madhu Constructions entered into a joint venture with Shivalik. According to SRA rules, they needed to have obtained consent from 70% of us for this. This is mandatory.
Through RTI petitions, we discovered that our old committee members along with Shivalik Ventures had forged signatures of some of the 323 members, supposedly taken at a GBM on February 7, 2009, giving our consent for Shivalik to take over as the builder. This list includes the signature of a woman who had died in 2005. Even after approaching all authorities, there was no enquiry. So on 18 February 2010, 32 members went to the Nirmal Nagar Police Station to file an FIR. The police refused to register it. The case went to the High Court in September and the judge instructed the police to file the FIR. Finally this was done on Sep 19, 2010.
The police are still in the process of recording statements of the other party and no arrests have been made in spite of one offence being non-bailable. Ninety days have elapsed but the police have not charge-sheeted nor interrogated anyone. The High Court has ordered them to complete the fraud investigation within the next ten days.
According to the SRA rules, any developer charged with a criminal offence must be removed from an SRA project. The Letter of Intent, earlier granted, will be cancelled. It is hence clear that the police are protecting the builder’s interests.
The issue of rehabilitation is another one that troubles us. 520 families have been rehabilitated in buildings contructed on Defence land. The Air Force has taken MHADA and Shivalik Ventures to court over this and a judgement is awaited.
Despite all the irregularities, instead of ordering an enquiry, the state sends the bulldozers!
On January 20th, 2011, the residents, alongside Medha Patkar stood before the demolition squad. They were pushed, beaten, molested and forced into vans that took them to Nirmal Nagar Police Station.
The police were supposed to be there for the “protection” of MHADA. But they actively participated in the eviction and demolition. Assisted by the musclemen of the builder, they harassed and threatened the remaining families to take the keys to the transit camp rooms and to sign an agreement with the builder. The police and MHADA worked as brokers for the builder. The people – frightened, old, crippled, women with small babies – refused to do what these people wanted!
Even though the order to evacuate asked for residents to clear out and close the doors to their homes, the police and builder’s men forceably took away the people’s belongings and put them into the transit camp rooms. They then broke down 19 houses of the Society. They had slapped and threatened and beat up the people inside these houses. Even children, old and crippled people.
That evening three thousand slum-dwellers arrived from all parts of Mumbai and took out a rally in support of Ganesh Krupa Society.
The residents of Ganesh Krupa Society, Golibar, Khar East, have recently filed a Writ Petition in the Mumbai High Court appealing for a stay against their forceful eviction by MHADA.
On 21st September and 23rd December 2010, the Court had passed orders for them to vacate their homes. It had also provided two conditions for the people leaving their homes: Legitimate transit camp accommodation to be provided by the builder and rooms in a legitimate rehabilitation building within 22 months.
First, the transit camp. According to Development Control Regulation (DCR) 33 (10), the transit camp rooms have to be 225 sq feet in area. The present rooms are 150 sq feet. There is no running water except for half-an-hour a day, and that too, contaminated. These are seven storey buildings, but the lifts don’t work.
The rehabilitation building for Ganesh Krupa Society members has been constructed 14 storeys high. The usual permissible height for rehab buildings is 7 floors, assuming that slum-dwellers would not be able to afford to pay the maintanence cost of living in a high-rise. The SRA and the builder do not have the consent (which it is mandatory to take, according to SRA rules) of the General Body of Ganesh Krupa Society, to build this 14-storey building.
In return for protesting these illegalities and injustices, many of us have been brutalized by the police in the last few demolition drives, starting on Jan 20th, we have lost our belongings, and are sleeping in the open. Still, we will continue to protest. Because the true spirit of Mumbai lives in us.
For more information, photos and videos, log on to www.khareastandolan.wordpress.com
Ghar Bachao Ghar Banao Andolan 