Eviction Watch

garibi hatao se garibon ko hatao ...
eviction watch india-H
editors
sushil george I suresh nautiyal
human rights law network

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ISBN 81-89479-16-4
Eviction Watch India-II: November 2006 (Second report)
Compiled by
Sushil George
Edited by
Sushil George | Suresh Nautiyal
Cover Design
Pavitra Tuladhar
Layout
Hardeo Sharma
Cover photo: Section of the collage depicts a child dehoused. The municipal corporation of Delhi demolished
more than 284 houses in Bhatti Mines' Indira Colony slum followed by the Supreme Court orders. (Courtesy-
The Indian Express photo by Vikram Sharma April 21, 2006).
Suggested contribution: INR 350, USD 35
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Disclaimer
The views and opinions expressed in this publication are not necessarily the views of the HRLN. Although every
effort has been made to avoid errors, omissions, and inaccuracies, the HRLN takes responsibility for inadvertent
errors or discrepancies that may remain nonetheless.
*Any section of this volume may be reproduced without prior permission of the Human Rights Law
Network for public interest purposes with appropriate acknowledgement.
This volume is dedicated to the memory of our colleague, comrade and
friend Rajeev John George, who inspired several people enaged in the
movement for housing rights. Rajeev had played a critical role in the national
campaign against forced evictions. His vision was that all urban inhabitants
should have their share of space, sky and basic civic amenities.
Acknowledgments
This book is an outcome of the collective work of the various organisations and individuals working towards
right to housing and campaign against forced evictions in major Indian cities.
We would, foremost, like to acknowledge Mr Colin Gonsalves for his intellectual support and encouragement
for bringing out this publication. We would like to especially thank Mr PK Das, Ms Deepika D’souza, Dr Harsh
Dobhal, Prof K Shanmugavelayutham, Mr Indu Prakash Singh, Mr Lalit Batra and advocate SH Iyer for
providing constructive solutions, strategies and critical review of the present housing policies.
We sincerely thank Ms Binda Sinha for collecting all international case laws on the right to housing and Ms
Bedoshruti Sadhukhan for her vital inputs in bringing out the volume. We would also like to thank Mr Shantanu
Duttagupta for his ideation with regard to visual inputs.
Our many thanks to all housing rights activists and organisations who have helped us in the compilation of this
volume, especially to: Mr Aswaq Mohammed and Mr Jeevan Kumar from CHATRI, Hyderabad; Kirity Roy
from MASUM; Jan Sanhati Kendra and Ucchhed Birodhi Jukta Moncha, Kolkata; Ms D Leena from the
Hazard Centre, New Delhi; Mr Sanjay Sangvai from the National Alliance of Peoples Movements; Mohd
Pathan of the Sabarmati Nagrik Suraksha Samiti; Ms Beena Jadhav, ActionAid, Ahmedabad; and Mr M
Venkateswarulu and Laxmi from Slum Dwellers Welfare Union, Visakhapatnam.
(iv) Eviction Watch India - II

Preface
here has been an increasing consciousness among the global civil society groups on the seriousness of
T housing and displacement crisis, deepening especially in Asia, Latin America and Africa. It is, however,
difficult to measure the seriousness of the problem if one does not look for an efficient means of
solving it. At the start of the new millennium, India witnessed one of the largest urban displacements. In
Mumbai 300,000 and in Delhi 150,000 persons have been brutally displaced. Similarly, in other cities and towns,
forced evictions are driving millions of urban poor into homelessness, destitution and vulnerability.
The demolition squades raze structures often without notices; arrive at the residential sites during night or early
in the morning, even when menfolks are away for their daily works and only children are at homes. In New
Delhi and other major cities, such people are denied tenurial rights and are either forced to become homeless or
are dumped 40-50 kilometres away at remote places.
Globally, about one billion people are living in slums and informal settlements. Slum dwellers make up over 40
percent of the total population in the cities of Asia, Africa and Latin America. According to the Census 2001,
India’s total urban population is 285.35 million, with approximately one-third characterised as the poorest and
most vulnerable in terms of housing and basic amenities.
The Human Rights Law Networks (HRLN), in collaboration with different organisations, has been advocating
and campaigning for the right to housing through workshops, campaigns and legal interventions. The first
report of Eviction Watch India (EWI) was released in January 2003 at the Asian Social Forum in Hyderabad.
This volume provides trends of forced evictions taking place in major cities like Mumbai, Delhi, Chennai,
Kolkata, Hyderabad, Ahmedabad and Visakhapatnam. The second edition of the EWI also hopes to facilitate
the establishment of a network and linkage with organisations of other cities by providing basic information
for advocacy and campaigns to consolidate solidarity with urban struggle groups across India.
This volume presents to the global civil society the magnitude of the problem of forced evictions and associated
economic and human costs rendered by such inhuman actions. The articles included in the volume are contributions
of professors, lawyers, professionals, journalists, planners, architects and activists, who have recommended a
comprehensive strategy to protect housing rights in accordance with the provisions of the Constitution of India
and the various United Nations Resolutions for adequate housing to all sections of society, as this can bridge the
gaps in policies and practices related to housing.
We express our sincere gratitude and acknowledgment to Late Rajeev John George who had played a significant
role in releasing the first report of the Eviction Watch India. His memory, solidarity and valuable contribution to
the housing rights struggle will always be imprinted in our minds and hearts.
Sushil George
Housing Rights Initiative
Human Rights Law Network, India
(v)
Eviction Watch India - II
Contents
Acknowledgments.......................................................................................... (iv)
Preface............................................................................................................... (v)
List of acronyms and special terms.......................................................... (viii)
List of tables.................................................................................................... (ix)
List of annexures............................................................................................ (x)
Introduction..................................................................................................... (xi)
Executive summary........................................................................................ (xiii)
Section I: City overviews 15. Strategies to combat forced evictions

1. Right to housing – the Indian experience Dr K Shanmugavelayutham 89
Colin Gonslaves 5
Section III: The JNNURM critique
2. Dehousing the poor from the national capital 16. The Jawahar Lal Nehru National Urban
Delhi report 17 Renewal Mission 93
3. Rehabilitation no solution
Bedoshruti Sadhukhan 25 17. Mission imposed on the people!
Sushil George 95
4. Demolition spree in Mumbai
Mumbai report 31 18. Urban renewal or urban apartheid?
Lalit Batra 99
5. The World Bank Inspection Panel report 41
19. Pro-poor city planning 101
6. Rehabilitation in disarray
Chennai report 48 Section IV: The court judgments
20. Judicial activism and rights of the poor
7. No rehabilitation for the displaced
SH Iyer 107
Kolkata report 53
8. Struggle of Mussi river inhabitants 21. The judgments 114
Hyderabad report 57 Section V: The housing legislations
9. Costal regulatory zone violations 22. The legislations 126
Visakhapatnam report 61 Section VI: International instruments
10. Grabbing the riverside land 23. International laws
Ahmedabad report 63 Binda Sinha 129
Section II: Review papers 24. The housing rights case laws 151
11. Housing Mumbai’s poor – myths and realities 25. The UN Housing Rights Programme 165
Deepika D’souza 70
26. Guidelines on development-based evictions
12. Affordable alternative housing policy and displacement
PK Das 75 Milloon Kothari 166
13. Globalisation and impact on the urban poor
Harsh Dobhal 77 Section VII: The Declarations
14. Polemics of urban space 27. Delhi Declaration 171
Indu Prakash Singh 80 28. World Charter on the Right to the City 174
Re fe r e nce s 182
(vii)
List of acronyms and special terms
AAA Ashrai Adhikar Abhiyan ICESCR International Covenant on Economic,

ADB Asian Development Bank Social and Cultural Rights
AMC Ahmedabad Municipal Corporation IUDP Integrated Urban Development Project
BARC Bhabha Atomic Research Centre IPT Indian People’s Tribunal
BMC Bombay Municipal Corporation JNNURM Jawahar Lal Nehru National Urban
Renewal Mission
BPL Below Poverty Line
LPG Liberalisation, Privatisation and
COHRE Centre on Housing Rights and Evictions Globalisation
CESCR Covenant on Economic, Social and LAA Land Acquisition Act
Cultural Rights
MCD Municipal Corporation of Delhi
CESCR Committee on Economic, Social and
Cultural Rights MCH Municipal Corporation of Hyderabad
CRZ Coastal Regulation Zone MHADA Maharashtra Housing Area and
Development Authority
CSDRM Chennai Slum Dwellers’ Rights
Movement MIG Middle Income Group
CBO Community Based Organisation MML Model Municipal Law
CMP Common Minimum Programme MMRDP Mumbai Metropolitan Regional
Development Plan
CHATRI Campaign for Housing and Tenurial
Rights MRTS Mass Rapid Transit System
DDA Delhi Development Authority MTA Mid-Term Appraisal
EIUS Environmental Improvement in Urban MUTP Mumbai Urban Transport Project
Schemes NDA National Democratic Alliance
EWI Eviction Watch India NDMC New Delhi Municipal Council
EWS Economically Weaker Sections NGO Non-government Organisation
ECH European Commission of Human NHRC National Human Rights Commission
Rights NFHR National Forum for Housing Rights
EPC Environmental Planning Collaborative NHHP National Housing and Habitat Policy
FSI Floor Space Index NSS National Sample Survey
GDP Gross Domestic Product NURM National Urban Renewal Mission
GSS Global Shelter Strategy NAPM National Alliance of Peoples Movements
HRLN Human Rights Law Network OHCHR Office of the United Nations High
HUDA Hyderabad Urban Development Commissioner for Human Rights
Authority PBiGs Powerful Business Interest Groups
IBRD International Bank for Reconstruction and PIC Public Information Centres
Development
PPP Public-Private-Partnership
ILO International Labour Organisation
PDS Public Distribution System
(viii) Eviction Watch India - II

RAP Resettlement Action Plan UPA United Progressive Alliance
SACA Slum Areas (Clearance and Improvement) ULBs Urban Local Bodies
Act ULCRA Urban Land (Ceiling & Regulation) Act
SPARC Society for Promotion of Area Resource URIF Urban Reforms Incentive Fund
Centres
VUDA Visakhapatnam Urban Development
SRFDCL Sabarmati River Front Development Authority
Corporation Limited
General Comment No 3 United Nations Committee on
SRA Slum Rehabilitation Authority Economic, Social and Cultural Rights
SRS Slum Rehabilitation Society General Comment No 3 The nature of State Parties
TISS Tata Institute of Social Sciences obligations (Art 2, para I of the Covenant)
TNSCB Tamil Nadu Slum Clearance Board General Comment No 4 United Nations Committee on
TDR Transfer of Development Rights Economic, Social and cultural Rights
TP Town Plans General Comment No 4 The right to adequate housing
(Art 11 (1) of the Covenant): Forced
UDHR Universal Declaration of Human Rights
evictions
UNHRP United Nations Housing Rights
Programme
List of Tables
S No Title Page No
1) Conversion Table ix
2) Illegal structures identified 22
3) Forced evictions in Delhi 23
4) List of forced evictions in Mumbai 40
5) Number of people displaced by the MUTP 43
6) Growth of informal settlements in Chennai (1932–1981) 48
7) Displacements in the first phase of the MRTS project 49
8) Second phase of the MRTS project 49
9) Forced evictions in Ahmedabad 64
10) Slums threatened with evictions due to the TP schemes 66
11) Average annual supply of housing in Greater Mumbai 70
12) Population of cities 1991-2001 79
13) Night shelter schemes 82
14) Urban Reforms Incentive Fund 84
15) Average annual rate of change of urban/rural population. 293
16) Share of urban population in 2001. 294
17) Population projection for 2001-2025. 295
18) Sectoral employment growth projection. 296
Conversion Table
1 Lakh - 100,000
10 Lakh - One million
100 Lakh or 1 Crore - 10 million
Table – 1
(ix)
List of annexures
Page No
I. Major events
II. Definitions
III. People’s Charter on Housing Rights
IV. Memorandum to the chief minister, Tamil Nadu
V. Public Hearing held on May 21, 2003 at Chennai,
organised by the National Commission for Women
VI. Fact finding team – report I
VII. Fact finding team – report II
VIII. Campaign for Housing and Tenurial Rights, Hyderabad
IX. Land Acquisition Act, 1894 (LAA 1894)
X. Slum Areas (Clearance and Improvement) Act, 1956
XI. Draft Slum Policy, 2001
XII. Urban Land (Ceiling & Regulation) Act, 1976
XIII. Repeal of the Urban Ceiling Act, 1999
XIV. Madhya Pradesh Patta Act, 1984
XV. BSUP
XVI. IHSDP
XVII. VAMBAY scheme
XVIII. Draft National Urban Housing and Habitat Policy, 2005
XIX. New Delhi (Special Provisions) Bill
XX. Draft Housing Bill of the Sajha Manch
XXI. Draft Housing Bill of the HRLN
(x) Eviction Watch India - II

Introduction
ne of the pioneering housing rights displaced nearly 300,000 persons, creating a record
O campaigners in the country, Mr Jai Sen, had

once pointed out: “Dehousing” is as real and
constant a social process as “housing” and the two are

of the largest eviction in the city.
In order to turn one of Asia’s largest slum clusters
into a “green belt with parks and fountains”, the
interlinked. What is happening is no accident: the Delhi administration displaced nearly 150,000
dehousing of poorer people – the seizure of their homes people from Yamuna Pushta area, where evictions
and the disruption of their domestic security – is in started from January 22, 2004 till April 2004.
itself a process of relentless impoverishment.”
Tsunami created a natural process of eviction. The
Experience shows that the forced evictions have never coast of Tamil Nadu and Pondicherry bore
achieved any purpose. The evicted settlements are unprecedented damages and destruction to lives.
replaced by newer ones, as the cities are dependent on There were gross irregularities by the authorities.
the poor working classes to run the economy. Though a Reconstruction was intentionally delayed in order
strategy to displace people has resulted in the short-term to grab the coastal lands of the fishing
gains for the urban elite, this volume indicates the trend communities.
that the intensity of urban evictions has increased without Kolkata city continues to face an acute housing
any tangible habitat solution for India’s city inhabitants. crisis, especially among the poor and the West
Bengal state government has failed to come out
Under international laws, demolition of slums is a clear with clear policies or plans to rehabilitate the
case of human rights’ violation. India, at several displaced slum dwellers of the city.
international fora, has openly condemned the forced River front development projects in Hyderabad
evictions, but within its boundaries such value-based and Ahmedabad cities have started; the Mussi and
commitments are given scant regards. Forcible evictions Sabarmati river inhabitants are facing serious threats
of slum and pavement dwellers have become a routine of mass evictions in both cities.
strategy utilised by the government in the name of A critical appraisal of the National Urban Renewal
beautification and development of the cities and towns. Mission (NURM), Acts, laws, regulations on
The poor in the cities are commonly accused of being tenure, national, international laws case studies in
favour of right to housing. Major demands and
‘squatters’ or ‘illegal encroachers’; but in reality, these recommendations are stated in the Delhi
sections toil hard and contribute immensely to the Declaration and the World Charter on the Right
economic development of the cities they live in. Thus to the City.
they have a fundamental right to housing within the
respective cities. Unfortunately, the present policies are Why this volume
displacing the urban poor as part of a systematic Housing rights organisations in India have formed an
conspiracy to drive them out of the cities. alliance networking in all major cities. The process of
formation began with a national workshop held in
Highlights Mumbai in January 2000, which gave rise to a series of
The overall national trends indicate that the urban poor consultations at Indore, Chennai, Kolkata and
are being driven out of the cities in a systematic manner. Hyderabad. Several groups, individuals and
organisations also met at the National Consultation on
The massive demolitions, which occurred in Housing and the Urban Poor held in Mumbai in
Mumbai, from December 2004 to February 2005, October 2005 to take forward the process. The civil
(xi)
society organisations seriously felt that the trend of cities. It consists of descriptions of major evictions
evictions against the urban poor was rapidly increasing. and a list of localities where evictions have been most
virulent. Information has also been collated from
Though there are groups working on the housing issues available documents including newspaper clippings and
nevertheless, they are hampered by hindrances in the other sources. It also includes landmark judgments in
flow of information. The volume updates necessary favour of or against the forced evictions. The draft of
information to facilitate pro-poor planning process to this volume was circulated to the concerned people
incorporate all the inhabitants within the legal and several organisations and the key information gaps,
framework, with the hope to facilitate a larger network pointed out by them, have been filled and their
and make linkages with housing rights organisations to comments incorporated.
strengthen and consolidate solidarity with the urban Summary analysis
poor struggle groups across the country. In India, housing for the poor is perhaps the most
neglected human development area. Housing shortage
Coverage in 1997 was estimated to be 13.66 million units. This
The volume covers evidence of forced evictions from shortage was 40.8 million units in 2000. Around 90
seven cities in India – Mumbai, Delhi, Chennai, Kolkata, percent of this shortage is for the lower income groups.
Hyderabad, Ahemdabad and Visakhapatnam and These estimates are expected to sharply increase in the
critical appraisal of housing policies. The national and near future. Thus, these trends clearly indicate the
international housing law also find due place in the magnitude of the housing problem in the country.
volume. Foreseeing the acute socio-economic imbalance in urban
centres of India, the provision of equitable access to
Process residential land, tenurial rights and basic civic amenities
The volume has been prepared in close collaboration have become the most challenging tasks with which to
with the struggle organisations of the above-mentioned cope in a country of more than a billion people.
Slum Population
Slum areas constituted
(i) All specified areas in a town or city notified as ‘slum’ by state/local government and UT administration under any
Act including a ‘Slum Act’.
(ii) All areas recognised as ‘slum’ by state/local government and UT administration, housing and slum boards,
which may have not been formally notified as slum under any Act.
Highlights
Twenty six states/union territories of India reported slum population in 640 cities/towns in 2001
Andhra Pradesh has the largest number of towns (77) reporting slums followed by Uttar Pradesh (69), Tamil
Nadu (63) and Maharashtra (61)
42.6 million population in slums, constituting 15 percent of the total urban population reported in 2001
11.2 million of the total slum population of the country in Maharashtra followed by Andhra Pradesh (5.2 million),
Uttar Pradesh (4.4 million) and West Bengal (4.1 million)
17.7 million slum population reported in the 27 cities with million plus population in 2001. Greater Mumbai
Municipal Corporation with 6.5 million slum dwellers has the highest slum population among all the cities
followed by Delhi Municipal Corporation (1.9 million), Kolkata (1.5 million) and Chennai (0.8 million)
6 million children in the age group 0-6 enumerated in slums. Maharashtra alone accounts for 1.6 million
children in slums
7.4 million (17.4 percent) of the total slum population belong to the SCs and one million (2.4 percent) to the STs
Sex ratio (females per thousand males) of the total slum population is 876, which is lower than 905 for the
corresponding non-slum urban population
Child Sex Ratio in the age group 0-6 is 919 in the slum population which is higher than 904 for non-slum urban
population
Literacy rate in the slum areas stands at 73.1 with 80.7 percent male and 64.4 percent female literacy against overall
non-slum urban literacy rates of 81.0 for total, 87.2 for males and 74.2 for females in the states reporting slums
32.9 percent slum population reported as workers. Male work participation rate is 51.3 and female work participation
rate is 11.9 percent in 2001
91.1 percent workers in the slum population are ‘other workers’ and 5 percent as ‘household Industry workers’
Source: Census 2001
(xii)
Executive summary
The EWI - II volume extensively describes and analyses and Pondicherry bore unprecedented damage and
the pattern of forced evictions against the local city destruction. The trends visible in the post-tsunami
inhabitants and undertakes a critical appraisal of scenario are of serious concern, especially for the coastal
changing trends in laws and policies on urban land. communities. There were gross irregularities during the
The first chapter provides an overview picture of the rehabilitation process and the reconstruction was
displacement trends and the court judgements. A brief delayed with the intention that the coastal communities
summary of forced eviction in seven major cities of themselves left the coastal areas. Within the city, the
India, which have been covered in detail are as follows: Tamil Nadu Slum Clearance Board (TNSCB) and
public works department (PWD) have identified 8164
Delhi slum families who reside on the banks of major city
The Delhi Development Authority (DDA) and the waterways like Adiyar, Cooum and B’Canal. The
Municipal Corporation of Delhi (MCD) have evicted government is intending to evict these families as they
27,000 families from the Yamuna Pushta strip to ‘beautify’ feel that the communities pose a hindrance to the de-
the place for tourist attraction. A study conducted by the silting operations of the PWD.
HRLN team reveals that the residents of the resettlement
sites are in extremely poor conditions. The living expenses Kolkata
are high and they are not able to meet these expenses Several thousand families in the South 24-Paraganas
from their meagre incomes. Most of the residents are of district in West Bengal are threatened of evictions. A 21-
the opinion that they were better off in the slums in Delhi kilometre road expansion project has been planned along
than in the resettlement sites on the city outskirts. the Budge-Budge Trunk Road. An estimated 20,000-
30,000 families currently reside along this stretch of road
Mumbai and will be rendered homeless by the expansion project.
The report focuses on the city’s most ruthless and massive No prior legal notices have been served on these families.
demolitions, which had occurred from December 2004 A 'progressive' Kolkata has witnessed one of the most
to February 2005. The Maharashtra unit of the Congress atrocious forced evictions by the local and state authorities
party, during earlier elections, had promised the extension on the one hand and demonstrations of tough public
of the cut-off-date to year 2000. The NAPM, in resistance from the working class community on the
collaboration with the local organisations in Mumbai, other hand. Left-ruled West Bengal is the only state in
had played a vital role in the campaign against the forced the country, which has neither any provision nor an
evictions. A chronology of the events that took place alternative land or accommodation facility for those who
during the forced evictions has vivid descriptions. Ms are being evicted.
Deepika D’souza exposes the myths of the policymakers
Hyderabad
and ground reality situation of the housing scenario. Mr
The twin-city of Hyderabad-Secunderabad used to
PK Das, an architect and social activist, proposes concrete
have hundreds of lakes but now there are only 170
solutions to defuse the habitat crisis.
lakes left. The administration and private builders have
Chennai encroached upon the waterbodies all across the city,
Tsunami created a natural process of dehousing. On resulting in floods. The next development disaster that
December 26, 2004, the entire coast of Tamil Nadu is on the offing is the Mussi River Development Plan
(xiii)
project that will displace some 12,000 families. The the interest of the poor. Dr K Shanmugavelayutham
local authorities in the city have already evicted numerous proposes strategies to combat the forced evictions.
houses on the pretext of urban renewal and
The National Urban Renewal Mission
beautification programme. The hi-tech city has a
This section provides brief background of the Jawaharlal
sizeable homeless population, most of them belonging
Nehru National Urban Renewal Mission (JNNURM)
to the working class. policies and its programmes in 63 major cities. It
describes the genesis of the JNNURM that took place
Visakhapatnam during the pervious regimes. Mr Lalit Batra exposes the
In the fast developing port city and the second largest politics behind the mission guided by the ‘principles’ of
city in the state of Andhra Pradesh, Visakhapatnam, globalisation and the policy of so-called liberalisation.
the administration is grossly violating the costal
regulation zone (CRZ), thus displacing large number Pro-poor city planning
of the fishing community people as well as large- This chapter reflects Rajeev John George’s views on
scale evictions within the city. ‘pro-poor city planning’, a compilation of his
contributions in the workshops and seminars and his
Ahmedabad research papers. It provides pragmatic solutions for
In recent times, the increasing spectre of communal resolving the housing crisis in urban areas within the
violence has led to a sharp polarisation between the legal framework.
Hindus and Muslims in the city. A beautification
programme, the Sabarmati Riverfront Development The international instruments
Advocate SH Iyer reviews the latest judgments on right
Project, threatens the slumdwellers in Ahmedabad. The
to housing followed by national laws and policies. Ms
aim of the project is to grab the urban space presently
Binda Sinha has compiled extensively on the
being used by the poor inhabitants for commercial international instruments, UN treaties and guidelines
use. Some forty thousand odd families are likely to be followed by the housing rights case laws. Mr Milloon
displaced, of whom 80 percent are Muslims and the Kothari, special UN rapporteur, recommends on
rest are members of other backward classes (OBCs) ‘development-based evictions and displacement’. The
and scheduled castes (dalits). concluding two chapters suggest the list of the demands
for the urban poor housing drafted as the Delhi
Critique on the housing policies Declaration during the India Habitat Campaign in
Mr Indu Prakash Singh focuses on the homeless people, October 2004 and the World Charter of Right to the City,
describing that the domestic policy climate is against initiated at the World Social Forum in Porto Alegré.
(xiv)
section one
city overviews
courtesy:aman path monthly
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ÃÈ◊ Ã⁄U‚ Ÿ„UË¥ πÊÃ ’ÁSÃÿÊ¢ ¡‹ÊŸ ◊¥
people spend a lifetime building a house
it is pity you are just part of demolishing them
delhi report: dehousing the poor from the national capital

mumbai report: demolition spree in mumbai city
chennai report: rehabilitation in disarray
kolkata report: no rehabilitation for the displaced
hyderabad report: struggle of mussi river inhabitants
visakhapatnam report: costal regulation zone violations
ahmedabad report: grabbing the riverside land
4 Eviction Watch India - II
The Right to housing: The Indian experience
Colin Gonsalves*
Introduction
India had 1027 million people in 2001 with an urban even these areas were encroached upon by government
population of 285 million or 28 percent of the and by affluent sections.
population1. The decadal growth rate (1991-2001) was
21.35 percent with the urban growth rate touching 31.13 In 1974, the central government enacted the Urban Land
percent2. There are 400 million children. Sixty million of (Ceiling & Regulation Act) purporting to acquire in public
them are under the age of six, living below the poverty interest all land holdings above a particular ceiling at virtually
line. There are 11 million street children. The minimum no cost to the exchequer. The lands thus acquired were to
estimates of child labour stand at 11 million. Fifty percent be used for site and service schemes where the poor were
of the city populations are in slums though they possess to pay minimal amounts in return for a small plot of land
less than five percent of land. In 2000, the housing and basic services. Incremental housing was the norm where
shortage was 41 million units3. the poor could first build a tiny core structure and overtime
expand. Thirty thousand acres of prime urban land in the
Delhi cities of India thereafter became available virtually free for
The national capital city of Delhi, with a population close housing the urban poor4. Builders and others began to
to 13 million, has seen wave after wave of brutal covet this property. The Act was then subject to fierce
demolition of the slums. About 35 percent of the criticism in media and was ultimately sabotaged by the
population resides in over one thousand slum colonies. builders, lobby. From the land vesting in the government
This population grows by the day as the rural poor, only 7000 acres was taken possession of and out of this
mainly from the northern states affected by drought, pour only about 1000 acres was actually developed for housing.
into the city. From the time of the partition of the country Exploiting the loopholes in the Act, the land acquired was
into India and Pakistan and the first wave of immigrants handed back to the owners. The government of India
to Delhi, the migration has gone on unabated. In 1957, repealed the Act in 2000.
the Delhi Development Act came into force. In 1961,
the Delhi Development Authority (DDA) was formed With the repeal of the Act, disappeared any possibility
to provide adequate housing for the residents of Delhi. of housing the poor in the urban areas.
In 1962, the first Delhi Master Plan was formulated. In With the declaration of the internal Emergency by the
this Master Plan land was set aside for housing what was central government in 1975 came a wave of evictions
called the economically weaker sections (EWS). The areas and three quarter of million people had their homes
set aside were inadequate for the simple reason that 70 bulldozed 5 . Some of them were relocated on the
percent of the Delhi residents live in dwellings that are periphery of the city. But the evictions gave rise to grave
well below the minimum housing norms. Nevertheless, discontent together with other factors. The demolition
* Colin Gonsalves is a senior Supreme Court lawyer and a human rights activist. He is the founder-director of the Human Rights Law
Network, India
1. http://www.censusindia.net
2. United Nations, World Urbanisation Prospects: The 1999 Revision (2000) in Brocheroff M, An Urbanising World: Population Bulletin,
Vol 55(3), September 2000
3. Vagale LR – (2000), Housing and urban development authorities laws in Bangalore, Housing Legislation in India
4. Geoffrey Payne, Urban land tenure and property rights in developing countries a review – Section III. National policy issue – p – 12,
Intermediate Technology publications, London, 1997
5. Farce in the Capital – Relocation of slums, EWI, January 2003, First report, Combat Law Publication
5
courtesy The Hindu
Children displaced from Yamuna Pushta home
of slums led very quickly to the downfall of the Congress The relocations were not done in most cases. Families
in the general elections. But after a short break the lost their identity cards in the demolitions and fires and
demolitions continued irrespective of the party in power. were unable to make applications for alternative sites.
The Muslims were told that they would not be given
The second Master Plan for Delhi was finalised somewhere alternative accommodation unless they had their police
in 1986 and the third draft Master Plan was released in verification done ostensibly because the government
April 2006. This draft identifies slum clusters as the single considered all Muslims to be potentially from Pakistan
biggest challenge to making the city slum free. or Bangladesh and in any case, anti-national. Thousands
The Commonwealth Games, proposed to be held in of families were unable to get the place at the relocated
Delhi in 2010, saw the largest ever displacement from sites many miles away from the city.
Delhi starting from the year 20006. There are no records The relocated sites were basically dumping grounds for
available of the number of homes demolished, but human beings. Stagnant water became the breeding ground
NGOs estimate that over 200,000 people have been for mosquitoes. Toilets were not constructed and people
evicted. From the Yamuna Pushta area 150,000 people were forced to defecate in the open. The tubewells sunk
were brutally evicted in phases in order to create parks for drinking water threw up brackish water that was not
and fountains. This population was overwhelmingly potable. Water then had to be supplied through tankers,
Muslim giving rise to allegations that the demolitions had which came to the colonies infrequently leading to
a communal flavour to them. There were many complaints stampedes. The resettlement colonies were many miles
that the police had set fire to the huts while evicting families. away from the places of employment but bus services
The homes where the disabled stayed were broken with were not available. To make the matters worse, the bus
equal ferocity. Notices of the eviction were rarely given fares to and from work were so exorbitant that it was just
and families were caught unawares while the men were as good to stay at home. Unemployment was widespread.
at work. They would return to see their homes in ruin Children discontinued their education due to lack of
with their children sitting on top of the debris. Schools schools. There were no hospitals in the area and the public
were smashed leaving children without any chance of health systems that existed were understaffed and without
continuing with their education. There were reports of medicines. Open drains were filled with filth. Ration shops
the aged and infirm persons dying inside the houses when providing subsidised grain for those below the poverty
the bulldozers crashed through. line remained closed most of the time.
6. Hindustan Times, Slums to be relocated, September 16, 2005

Even these sub-human relocation sites were the subject of cannot study because we don’t have a home. What will we
litigation. A petition was filed in the High Court at Delhi eat if our parents lose their jobs?”10
challenging the government’s decision to provide plots of
At about the same time, an organisation was floated by the
public land for the evictees. This petition was filed on the
builders, industrialists and former senior bureaucrats called
basis that slum dwellers being encroachers on public land Mumbai First, which drafted its own development plan for
had no right to be given any other public land by way of Mumbai with the help of the multinational consulting
compensation. Reference was made to a short order of company, Mckinsey. Together with the World Bank, they
the Supreme Court in a slum demolition matter where the envisaged the city without the poor in their “Vision Mumbai”
Supreme Court observed that the slum dweller was akin plan11. This elite citizens action group worked closely with
to a pick pocket and that to relocate a slum dweller was the Maharashtra government
like rewarding a pick pocket for his crime7. during the demolitions. In
In similar circumstances, demolitions were carried out at January 2005, the Prime
53 working class colonies from 2000 onwards. Minister of India, at an NRI
conference in Mumbai, assured
Mumbai the participants that Mumbai
With a population close to 16.5 million people, Mumbai would be converted into a
has half of its population living in slums. They occupy Shanghai within five years.
only eight percent of the city’s land. Formally those who
The World Bank's murky role
were listed in the 1976 census of slums were eligible to be
in the demolition was
covered by slum improvement schemes and also eligible
exposed by the
for an alternative plot in case of evictions. This introduced
demonstrators. The Bank
the concept of a cut-off date. Later, the electoral rolls of
financially supports the
1980 were adopted as the cut-off. This was then shifted
Mumbai Urban Transport
to 1985, to 1990 and later to 1995. In 2003, eighty six
Project, which requires a
thousand families in and around the Sanjay Gandhi National Mumbai map forced eviction of 17,000
Park were evicted despite being covered by the cut-off
homes, 2700 shops and hundreds of small industrial units12.
dates under the orders of the High Court, which took the
Hundreds of complaints poured in about inadequate
extreme step of using helicopters and deploying retired
income restoration and resettlement arrangements. The
military officers to evict the poor inhabitants8. Along these resettlement sites were the most polluted in Mumbai and
lines, several massive demolitions took place in Mumbai. located near the main municipal dump. Several huge open
Between November 2004 and February 2005, over drains passed through this area carrying the city’s waste
300,000 people were rendered homeless when over 80,000 including blood, excreta, the carcasses of animals butchered
homes were smashed. More than 150,000 children were at the nearby abattoir and radioactive wastewater from
rendered homeless. Police personnel, 3989 in number, were the nearby Bhaba Atomic Research Centre. Faced with
used during the operations 9 . Hundreds of activists the allegations of serious problems in resettlement, the
protesting the demolitions were arrested. As in Delhi, many World Bank temporarily suspended the project in 2005
schools were demolished in the Mumbai drive as well. and once the demonstrations died down, resumed funding.
Salma Banu, 10 years old, said: “My parents were dragged
and beaten up by the police. My home was burnt including A survey done of the evicted families by a reputed
my books and all my belongings”. Imran, 12 years old, educational institution, the Tata Institute of Social Sciences,
lost his bicycle in the demolition. His parents bought this found that in one-third of the cases, there was loss of
for him after many years. His mother ekes out a living by employment. The ration cards, which need to be produced
stitching clothes. Fourteen years old Ibrahim said: “We to obtain subsidised grain, were not transferred to the new
7. Almitra H Patel & others vs UOI & others (2000 2 SCC 679)
8. Sabastain PA – (2000), crushed homes, Lost Lives: The story of the demolitions in the Sanjay Gandhi National Park, IPHRC
Mumbai
9. Bulldozing Rights, A Report on the Forced Evictions & Housing Policies for the poor in Mumbai, June 2005
10. Child rights meeting in Mandala on May 25, 2006, Maju Varghese, YUVA, Eviction Watch
11. McKinsey “Vision Mumbai”: Transforming Mumbai into a world class city, 2003
12. MUTP, Inspection Panel Excerpt report, December 21, 2005
7 The Right to Housing: The Indian Experience

locations. People were hungry and without food. Women took advantage of this and prohibited families from
were selling the remnants of their jewellery to meet reconstructing their houses on the shore as before asking
household expenses. In the located sites there were no them to move back by 100 metres15. The coastal land
schools, employment, burial grounds or medical facilities13. thus vacated were to be allotted to industries, resorts,
hotels and other corporate projects. The World Bank
Chennai and the Asian Development Bank acted quickly to exploit
Similarly, South India’s largest city, Chennai, the capital the situation promoting fishing industry projects over local
of the state of Tamil Nadu with a population of seven fisher people. Private companies, factories, shrimp farms
million, saw repeated demolition of slums and sand mining companies began to move in. The dalit
notwithstanding a government policy requiring mandating communities, who live on the seashore but without any
that evictions could be done only for a public purpose record of rights, were not permitted to return16. Thus
and that too with due notice and after provision of the tsunami paved the way for the privatisation of coastal
alternative acc ommodation and basic amenities. areas and the comercialisation of the coastal zones.
Major evictions took place due to the construction of a In May 2005, a coastal yatra (campaign) was organised
Mass Rapid Transits System in the 1980’s. In 1994 large by people’s organisations calling for participatory
scale evictions angered the unorganised workers took to livelihood restoration and the provision of housing. The
the streets in large numbers. Then came the evictions of Human Rights Law Network, a network of lawyers and
families from the riverbanks. There were proposed to social activists in the country, filed a public interest petition
be relocated 20 kilometres away 14. Then came the in the Madras High Court and obtained a stay on the
evictions of those close to the Marina Beach. They were forced evictions of the fishermen community.
relocated 20 kilometres away with no drinking water, Nevertheless, strenuous attempts are still being made by
transportation, electricity, toilets or school facilities. After the government to evict the seashore community.
that the Marina Beach fishing community was shifted
despite massive protests. Wave after wave of demolitions The Chennai Munucipality simultaneously began
followed. The people of Chennai opposed the setting construction of one of the largest projects in the country
up of five five-star hotels, foreign missions and new for housing the economically weaker sections, but these
Secretariat at Marina Beach. projects failed because the relocated sites were very far
away from the city.
The tsunami, which hit Tamil Nadu in 2004, destroyed
the houses of the poor along the coast. The government Kolkata
Formerly known as Calcutta, this is the largest city in the
east with a population of more than 13 million. Evictions
here have gone on relentlessly since the late 1970s. In
1996 the Kolkata Corporation started “Operation
Sunshine” evicting thousands of hawkers from the
pavements. In 2001, pursuant to an Asian Development
Bank initiated, over 20,000 people were displaced. City
NGOs set up a ‘People’s Commission on Eviction and
Displacement’ consisting of retired High Court judges.
In September 2002 the commission enquired into the
displacement and concluded “the system is not only
colonial; the judicial system is downright pathetic17. To
say that it is designed for the rich is an under statement.
Mass rapid transport system, Chennai
The poor in this country have not the slightest chance of
13. An impact assessment of R&R implementation for the MUTP - TISS report
14. TN state & governments in developing Rail facilities: A case Study of Chennai in India – T Anantha Rajan, V Shanmuga Sundaram,
S Ponnu Swamy and K Kumar
15. Shelter Rights in Chennai by Dr K Shanmugavelayutham, paper presentation on behalf of the Chennai Slum Dwellers Rights
Movement, May 2005
16. Memorandum to Chief Minister, Tamil Nadu, January 2005 (Annexure – IV)
17. Dasgupta Keya – (2002), Eviction in West Bengal – A report on the People’s Commission on Eviction and displacement, (2002) Kolkata

even approaching a court of justice, let alone pursue a Group of slum dwellers who approached the High Court
case”. On December 10, 2002, while the world was in 1985 obtained one of the rare pro poor orders. The
observing International Human Rights Day, the West High Court said, “so long as the land is not required for
Bengal government evicted 4000 people from Beliaghat any compelling public purposes the petitioners shall not
in what is now known as the December 10, carnage.18 be dispossessed.” 22 Particularly from late 1990s,
In February 2003, 7000 persons from the scavengers thousands of families from all over Hyderabad had their
community were evicted from Bellilious Park.19 A three homes bulldozed. The Asian Development Bank was a
year old died of starvation during that period. An Asian prime mover behind these demolitions. In a few instances,
Human Rights Commission team appealed to the where alternative plots were provided, they were 20
government to provide the families alternative kilometres away from the city. As a result of these
accommodation, but nothing was done. In 2005, twenty demolitions, the population of the city’s pavement
five thousand families were asked to vacate their premises
due to the construction of the Budge-Budge Trunk
Road.20 The slum dwellers put up strong resistance and
the eviction was temporarily postponed. The same year
saw the proposed evictions of thousands of families
due to the Asian Development Bank project aimed at
constructing national and state highways with no plan
for rehabilitating those displaced.
Sabarmati Riverfront Development Project site map
Hyderabad
Hyderabad, the capital city of the state of Andhra Pradesh dwellers went up. In 2000, when the then US President,
in the south centre of the country, likewise saw a spate Bill Clinton, visited the city, thousands of homeless people
of demolitions. In the mid-Seventies progressive policies were loaded onto large trucks and dumped hundred
prevailed and the Hyderabad Urban Development kilometres away. It took them several days to walk back.
Authority planned to integrate slum populations within
the city itself. Land was distributed to the poor and The river development project under the name Save Mussi
housing loans were made available at affordable rates of Campaign is being used by the AP government to displace
interest. Slum upgradation was done. But in the Eighties 12000 households from the banks of the 18 km long
all that changed. A local NGO, ‘Campaign for Housing Mussi river, which divides the city. On the Mussi bank,
and Tenurial Rights, accused the authority of selling prime there are farmers in 40 villages cultivating on 50,000 acres
urban land to the various business interest groups.21 of land who would also be affected by the project.
Evictions replaced in-situ upgradation as the norm.
Ahmedabad
Ahmedabad, the capital of Gujarat in western India, saw
the demolition of slums go hand in hand with the ethnic
cleansing of the Muslims, but it was not always like this.
The evictions of the 1950s and 1960s were replaced in
the 1970s by the upgradation of slums. But this period
of relative peace was short lived. The slum upgradation
programme initiated by the World Bank in 1984
collapsed due to the inertia of the Ahmedabad Municipal
Corporation and the project was abandoned in 1992.
By 2004, the World Bank perspective had changed and
led by the Country Director Michael Carter, the World
Bank evolved the policy to remove slum dwellers.
Mussi riverfront development plan
18. The 10th December Carnage - Strategies to Combat Forced Evictions, 2003, Combat Law, P - 23
19. Memorandum on Bellilious Park, Kolkata Report, by Kirity Roy
20. India: New Eviction case in the name of road expansion, West Bengal (http://foodjustice.net/ha/mainfile.pha/ha/marnfile.pha.)
21. Dr Anthoniraj Thumma, In Deep Waters…CHATRI publications, Dec 2000
22. WP 17777/85, Andhra Pradesh High Court

The most vulnerable were the Muslims. In the eviction poor.24 The in-situ experiment and cross subsidy or land
connected with the Riverfront Development Project, sharing schemes benefited not the poor but the rich, and
40,000 families were to be displaced, 80 percent of whom the former were squeezed into smaller urban spaces and
were Muslims.23 In the place of the slums, commercial experienced deterioration in their living standards. In-situ
complexes, markets, hotels, motels, cinema houses, upgradation was sabotaged everywhere. In a central
farmhouses, water resorts, canals, fountains and showers Indian city – Indore – where the DFID invested US$ 14
were planned. Grabbing the riverside land from the poor million on an in-situ upgradation, but after its completion,
was the key. From 2003 onwards, thousands of families the next endeavour was to scrap the infrastructure and
had their homes bulldozed. Street vendors were settlements through the riverfront development project.
systematically evicted. In a few instances alternative plots Despite their failure at the ground level, in-situ upgradation
were provided, which were over 20 kilometres away. schemes received international acclaim and recognition
as global best practices. 25
The Gujarat High Court
Ironically, the Slum
proved to be one of the
Networking Project bagged
most sympathetic to the
the International Habitat
urban poor. In case after case,
Award in 1994 and the Agha
the High Court directed the
Khan Award for architecture
rehabilitation of the evictees.
in 1997.
This was contrary to the
national trend where most of In 2005, a renewal attempt
the High Courts and even the was made to privatise urban
Supreme Court dismissed water supply throughout the
petition after petition seeking country. The Delhi Municipal
due notice and rehabilitation. Corporation proposed the
Delhi Municipal Corporation
The National Urban
(Amendment) Bill, 2005,
Renewal Mission
sponsored by the USAID.26
Programme
Though oriented towards “full
The Prime Minister of India,
cost recovery”, which in reality
prompted by the World
means depriving the very poor
Bank, Asian Development
of water, even in cases where
Bank and USAID, announced
the Jawaharlal Nehru National slums were in a position to
Urban Renewal Mission pay, the orientation of the
(JNNURM) programme in government remained to
December 2005. No sooner deprive the poor of water
had it been announced, it and drive them out of cities.
was unanimously Tentative studies done by the
condemned by the human rights organisations throughout NGOs indicated that the poor in slums paid more for
India as this was a well planned conspiracy to privatise their water than those living in the middle class and upper
basic amenities including water and to allow the rich, class colonies. All these despite a Common Minimum
builders, contractors, multinational companies and others Programme of the present United Progressive Alliance,
free rein. A former Prime Minister of India called it which is in power at the Centre. The programme says,
anti-poor and the Community Party of India (Marxists) “the UPA government commits itself to a comprehensive
criticised the mission. The first adverse aspect of the programme of urban renewal and to a massive expansion
mission was private-public partnership, which had utterly of social housing in towns and cities, paying particular
failed to provide services and housing for the urban attention to the needs of the slum dwellers.”27
23. Grabbing Urban Poor Habitat – Sabarmati Riverfront Project, CL vol. 3 issue 3
24. Urban Renewal Mission: Whose agenda? People ’s Democracy vol xxix no 49, December 4, 2005
25. Poverty & Vulnerability in Indore, Oxfam urban Poverty Research Report, August 1999
26. George Deikun, Mission Director, USAID India – at the national media conclave “Globalising Indian cities: Partnership for change
27. Page 12, CMP, May 2004

Supreme Court decisions be deemed to be under an obligation to secure it for its
In Shantistar Builders vs Narayan Khimalal Totame citizens, of course subject to its economic budgeting. In a
(1990) I SCC 520: "The right to life would take within its democratic society, as a member of the organised civic
sweep the right to food, the right to clothing, the right to community, one should have permanent shelter so as to
decent environment and a reasonable accommodation to live physically, mentally and intellectually equip oneself to
in. The difference between the need of an animal and a improve his excellence as a useful citizen as enjoined in the
human being for shelter has to be kept in view. For the Fundamental Duties and to be a useful citizen and equal
animal, it is the bare protection of the body, for a human participant in a democracy. The ultimate object of making
being it has to be a suitable accommodation, which would a man equipped with a right to dignity of person and equality
allow him to grow in every aspect – physical, mental and of status is to enable him to develop himself into a cultural
intellectual. The Constitution aims at ensuring fuller being. Want of decent residence, therefore, frustrates the
development of every child. That would be possible only if very object of the constitutional animation of the right to
the child is in a proper home." equity, economic justice, fundamental right to residence,
In Chameli Singh vs State of dignity of person and right to live
UP (1996) 2 SCC 549: "In any itself.”
Though no person has a right
organised society, right to live as a In Ahmedabad Municipal
to encroach on footpaths,
human being is not ensured by Nagarpalika vs Nawab Khan
pavements or public streets, the
meeting only the animal need of state has the constitutional duty Ghulab Khan (1977) 11 SCC
man. It is secured only when he is to provide adequate resources 121: "The right to life enshrined
assured of all facilities to develop for settlement of life to make the under Article 21 includes
himself and is freed from right to life meanigful... meaningful right to life and not
restrictions, which inhibit his growth. merely animal existence. Right to
All human rights are designed to life would include right to live with
achieve this object. Right to life guaranteed in any civilised human dignity. Right to life has been assured as a basic
society implies the right to food, water, decent environment, human right under Article 21."
education, medical care and shelter. These are basic human
Due to want of facilities and opportunities, the right to
rights known to any civilised society. All civil, political,
residence and settlement is an illusion to the rural and
social and cultural rights enshrined in the Universal
urban poor. Articles 38, 39 and 46 mandate the State, in
Declaration of Human Rights and the Convention or under its economic policy, to provide socio-economic justice to
the Constitution of India cannot be exercised without these minimise inequalities in income and in opportunities and
basic human rights. status. It positively charges the State to distribute its largesse
"Shelter for a human being , therefore, is not a mere to the weaker sections of the society envisaged in Article 46
protection of his life and limb. It is where he has to make socio-economic justice a reality, meaningful and
opportunities to grow physically, mentally, intellectually and fruitful so as to make life worth living with dignity of person
spiritually. Right to shelter, therefore, includes adequate and equality of status and to constantly improve excellence.
living space, safe and decent structures, clean and decent Though no person has a right to encroach and erect
surroundings, sufficient light, pure air and water, electricity, structures or otherwise on footpaths, pavements or public
sanitation and other civic amenities like roads, so as to streets or any other place reserved or earmarked for a
have easy access to his daily avocation. The right to shelter, public purpose, the State has the Constitutional duty to
therefore, does not mean a mere right to a roof over one’s provide adequate facilities and opportunities by
head but right to all the infrastructure necessary to enable distributing its wealth and resources for settlement of
them to live and develop as a human being. Right to shelter life and erection of shelter over their heads to make the
when used as an essential requisite to the right to live should right to life meaningful, effective and fruitful. Right to
livelihood is meaningful because no one can live without
be deemed to have been guaranteed as a fundamental right.
means of his living that is the mean of livelihood. The
"As is enjoined in the Directive Principles, the State should deprivation of the right to life in that context would not

only denude life of effective content and meaningfulness Maganbhai’s29 case where the Supreme Court held that
but it would make life miserable and impossible to live. international conventions that add to the rights of citizens
Article 19 (1) (e) accords right to residence and settlement are automatically enforceable while international
in any part of India as a Fundamental Right. Right to life conventions that take away existing rights require such
has been assured as a basic human right under Article 21 domestic legislation to become enforceable.In the
of the Constitution of India. Article 25 (1) of the Gramophone Company of India’s30 case, the Supreme
Universal Declaration of Human Rights declares that Court held that "the comity of nations requires that the
everyone has the right to a standard of living adequate rules of international law may be accommodated in the
for the health and well-being of himself and his family, it municipal law even without express legislative sanction
includes food, clothing, housing, medical care and provided they do not run into conflict with Acts of
necessary social services. Article 11 (1) of the International Parliament". In the Apparel Export Promotion
Covenant on Economic, Social and Cultural Rights lays Council’s31 case, the Supreme Court held that "the
down that State Parties to the Covenant recognise that courts must forever remain alive to the international
everyone has the right to standard of living for himself instruments and conventions and apply the same to a given
and his family including food, clothing, housing and to case where ther e is no inconsistency between international
the continuous improvement of living conditions.
norms and the domestic law occupying the field".
In Maharashtra Ekta Hawkers Union vs Municipal
Another important divergence of Indian law from the
Corporation, Greater Mumbai (2004) 1 SCC 625: "The
European and US law is in respect of lawmaking by
above authorities make it clear that the hawkers have a right
judges. The notion or ‘fiction’ that judges only interpret
under Article 19 (1) (g) of the Constitution of India".
the law has long since been discarded. It is now well
International instruments incorporated settled that judges do, in fact, make the law, often through
The use of the Constitution to defend and further the progressive and creative interpretation. The progressive
rights of the poor has taken a unique turn in India. Unlike teleological interpretations of the European Court of
many courts in Europe or the United States,28 the Indian Human Rights and European Court of Justice are a case
courts are empowered to directly incorporate international in point. The Indian courts have, however, gone one step
treaties as part of the municipal law and to enforce them further. The Supreme Court has candidly admitted that
as such. Thus international treaties are not only used to judges do, in fact, make law, particularly in circumstances
interpret ambiguous provisions of law but are also, by where there is a gap in the law or where legislative
themselves, capable of being acted upon in the Indian coverage in respect of a fundamental right has been
courts. This very positive interpretation of the lacking for a considerable time. It is interesting to note
Constitution was utilised as far back as 1969 in that some western courts that have moved in the same
28. While most European states adopt a dualist system with respect to incorporation of international law, former countries from the Soviet
bloc have been much more willing to directly incorporate human rights treaties, international customary laws and general principles
of international law within their constitutions and thereby permit judicial application. See, for example, the constitutions of Latvia and
Estonia. A similar trend is evident in Latin America
29. Maganbhai vs Union of India, AIR 1969 SC 783 (1969). The Supreme Court stated: ‘By Article 73, subject to the provisions of the
Constitution, the executive power of the Union extends to the matters with respect to which Parliament has power to make laws. Our
Constitution makes no provision making legislation a condition of the entry into an international treaty in times either of war or peace.
The executive power of the Union is vested in the President and is exercisable in accordance with the Constitution. The Executive is
qua the State competent to represent the State in all matters international and may by agreement, convention or treaties incur
obligations which in international law are binding upon the State. But the obligations arising under the agreement or treaties are not by
their own force binding upon Indian nationals. The power to legislate in respect of treaties lies with Parliament under Entries 10 and 14
of List I of the Seventh Schedule. But making of law under that authority is necessary when the treaty or agreement operates to restrict
the rights of citizens or others or modifies the laws of the State. If the rights of the citizens or others which are justiciable are not
affected, no legislative measure is needed to give effect to the agreement or treaty….If, in consequence of the exercise of executive
power, rights of the citizens or others are restricted or infringed, or laws are modified, the exercise of power must be supported by
legislation: where there is no such restriction, infringement of the right or modification of the laws, the Executive is competent to
exercise the power
30. Gramophone Company of India Limited v. Birendra Pandey AIR 1984 SC 677
31. Apparel Export Promotion Council vs AK Chopra,1999 (1) SC 756

teleological direction have sometimes been compelled Burden of proof
to issue detailed orders or even re-write legislation. The liberal standing requirements, however, raise the issue
as to how a public interest litigant is to gather the evidence
As the decisions of the Supreme Court stand on par with
necessary for a national level case relating to large numbers
statutes, a combination of this lawmaking propensity together
of poor persons? The Supreme Court answered that
with the incorporation of international standards in Indian question by laying down that once the public interest
law makes for a very potent force. This was seen in petitioner brought the issue to the court he is viewed as
Vishakha’s32 case where, due to the lack of a law relating to having done a service to the court and the people.
sexual harassment in the country, the Supreme Court Thereafter, it is the duty of the court through the
incorporated the provisions of the Convention on the appointment of commissioners to gather the evidence
Elimination of All Forms of Discrimination Against Women necessary to establish the facts for the prosecution of the
and laid down guidelines in respect of the prevention of
case. In other words, the evidentiary burden shifts on to
sexual harassment and punishment for that crime.
the court and it becomes the public duty of the court to
Locus-Standi in the enforcement continue with the matter. Moreover, where the breach
of the ESC Rights of a fundamental right is alleged the burden is on the
The debate on the Optional Protocol manifests a state to demonstrate that its actions are legal.
restrictive approach on the issue of standing to sue, and
Mandatory orders and their implementation
may benefit from the approach of the Indian Courts.
How are the orders of the court to be enforced? Is it
Western law traditionally requires a direct connection
adequate for the court merely to make an order and then sit
between litigant and the subject matter of the litigation.
back and wait for the petitioner or some aggrieved party to
In India, however, innovative developments came over
file a case for contempt when the order is disobeyed? An
two decades ago when the Supreme Court held that it
interesting innovation took place on this point after the
was permissible for any person acting bona fide in the
judiciary noticed that orders of even the superior courts
interest of the poor, illiterate or the oppressed to file were routinely disobeyed in India. The court developed the
writ petitions either in the High Courts or the Supreme practice of issuing the ‘continuing mandamus’, whereby after
Court for the enforcement of a fundamental right.33 The the orders are issued, courts continued to retain jurisdiction
poor in India rarely know the law and are too poor to over the matter and periodically reviewed progress of the
litigate. As a result of the ruling however any doctor, implementation of the court order.
lawyer, social worker, academic, indeed any person can
file a case for the enforcement of the rights of millions Resources
of persons without needing to demonstrate any direct The Indian Supreme Court considered the question of
nexus with the reliefs sought in the litigation. how courts should respond to the routine objections of
32. The Court stated: ‘In the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual
harassment of working women at all work places, the contents of International Conventions and norms are significant for the purpose
of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the
Constitution and the safeguards against sexual harassment implicit therein. Any International Convention not inconsistent with the
fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof, to
promote the object of the constitutional guarantee.’ Vishakha v. State of Rajasthan, 1997 (5) Scale 453 at para. 7. Available at
www.supremecourtonline.com/cases/2447.html
33 See, for example, SP Gupta vs Union of India & Another [1981] (Supplementary) SCC 87; where the Court held that where a legal
wrong or a legal injury is caused to a person or to a determinate class of persons by reasons of violation of any constitutional or legal
provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened, and any such person or
determinate class of persons is by reason of poverty or disability or socially or economically disadvantaged position unable to
approach the Court for relief, any member of the public or social action group can maintain an application for an appropriate direction,
order or writ in the High Court under Art 226 and in case of breach of any fundamental right of such person or class of person, in this
Court under Art 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons. This
Court also held that procedure being merely a hand- maiden of justice it should not stand in the way of access to justice to the weaker
sections of Indian humanity and therefore where the poor and the disadvantaged are concerned who are barely eking out a miserable
existence with their sweat and toil and who are victims of an exploited society without any access to justice, this Court will not insist
on a regular writ petition and even a letter addressed by a public spirited individual or a social action group acting pro bono publico
would suffice to ignite the jurisdiction of this Court.

States that they do not have adequate funds to enforce the right to adequate housing was constitutionally entrenched
the ESC rights. In the Ratlam Municipality34 case, the the states were required to put in place legal procedures
Supreme Court held: "when it comes to the enforcement of enabling appeals "aimed at preventing planned evictions or
a human right the court would not entertain an inquiry into demolitions through the issuance of court-ordered injunctions;
the ‘perverse expenditure logic’ of the state departments." and legal procedures seeking compensation following an illegal
Divergence between law and reality
eviction." The committee considered that “instances of
Article A25(1) of the Universal Declaration of Human forced evictions are prima facie incompatible with the
Rights guarantees everyone right to housing. Article requirements of the Covenant and can only be justified in the
KA(12) lays down that no one shall be subjected to most exceptional circumstances, and in accordance with the
interference with his home. India has ratified the relevant principles of international law.” The committee
International Covenant on Economic, Social and Cultural concluded “the State Parties both recipients and provides,
Rights without any reservation to Article 11, which requires should ensure that a substantial proportion of financing is
India to recognise the right to everyone to an adequate devoted to creating conditions leading to a higher number of
standard of housing. General comment 4 on the right persons being adequately housed. The international financial
to adequate housing found, “despite the fact that the institutions promoting measures of structural adjustment
international community has frequently reaffirmed the should ensure that such measures do not compromise the
importance of full respect for the right to adequate housing, enjoyment of the right to adequate housing.”
there remains a disturbingly large gap between the standards
General Comment 7
set in Article 11(1) of the Covenant and the situation In General Comment 7, the committee noted that the
prevailing in many parts of the world.” Commission on Human Rights has indicated that “forced
The committee believed that it is possible to identify certain evictions are a gross violation of human rights”. “Although
aspects of the right to adequate housing that must be taken these statements are important, they have opened one of
into account. It required state parties to “take immediate the most critical issues, namely that of determining the
measures aimed at conferring legal security of tenure upon circumstances under which forced evictions are permissible
those persons and households currently lacking such protection, and of spelling out the types of protection required to
ensure respect for the relevant provisions of the Covenant.
in genuine consultation with affected persons and groups.”
The State Parties were required “to ensure that the The term “forced evictions” as used throughout this
percentage of housing-related costs is, in general, commensurate general comment is defined as the permanent or
with income levels. State Parties should establish housing temporary removal against the will of individuals, families
subsidies for those unable to obtain affordable housing, as and / or communities from the homes and/or land,
well as forms and levels of housing finance, which adequately which they occupy, without the provision of, and access
reflect housing needs.” In developing housing for poor to, appropriate forms of legal or other protection.
and evolving a housing policy, the State was required Other instances of forced eviction occur in the name of
to have “extensive genuine consultation with, and development. Evictions may be carried out in connection
participation by, all of those affected, including the homeless, with conflict over land rights, development and
the inadequately housed and their representatives.” Where infrastructure projects, such as the construction of dams
34. Ratlam Municipality vs Vardichand and Others, AIR 1980 SC 67. Residents within part of Ratlam Municipality, lacked sanitation and
brought legal action against the Municipality requesting that drain pipes be constructed. The Municipality claimed a lack of funds. The
Magistrate gave orders that the Municipality had to draft a plan within six months. After the High Court approved the order, the
Municipality appealed to the Supreme Court. The Supreme Court upheld the order and directed the Municipality to take immediate
action within its statutory powers. This included construction of sufficient public latrines and drains and provision of water supply, the
Supreme Court held that the plea of financial stringency by the municipal body is no defence for its failure to fulfil its statutory
obligations. This Court held that “The plea of the municipality that notwithstanding the public nuisance, financial inability validly
exonerates it from statutory liability has no juridical basis. The criminal procedure code operates against statutory bodies and others
regardless of the cash in their coffers, even as human rights under Part III of the Constitution have to be respected by the State
regardless of budgetary provision. Otherwise, a profligate statutory body or pachydermic governmental agency may legally defy
duties under the law by urging in self-defense a self-created bankruptcy or perverted expenditure budget. That cannot be.” Further,
it held that “Decency and dignity are non-negotiable facets of human rights and are a first charge on local self governing bodies.”

or other large-scale energy projects, with land acquisition where applicable, on the alternative purpose
measures associated with urban renewal, housing for which the land or housing is to be used, to
renovation, city beautification programmes, the clearing be made available in reasonable time to all those
of land for agricultural purposes, unbridled speculation affected
in land, or the holding of major sporting events like the (d) especially where groups of people are involved,
Olympic Games. government officials or their representatives to
Article 2.1 of the Covenant State Parties to use “all be present during an eviction
appropriate means”, including adoption of legislative (e) all persons carrying out the eviction to be
measures, to promote all the rights protected under properly identified
the Covenant. (f) evictions not to take place in particularly bad
It is clear that legislation against forced evictions is an essential weather or at night unless the affected persons
basis upon which to build a system of effective protection. consent otherwise
(g) provision of legal remedies, and
Such legislation should include measures which:
(a) provide the greatest possible security of tenure (h) provision, where possible, of legal aid to
to occupiers of houses and land persons who are in need of it to seek redress
from the courts.
(b) conform to the Covenant, and
(c) are designed to control strictly the The committee is aware that various development projects
circumstances under which evictions may be financed by international agencies within the territories of
carried out. State Parties have resulted in forced evictions. In this regard,
the committee recalls its General Comment 2 (1990) which
Moreover in view of the increasing trend in some states states inter alia, international agencies should scrupulously
towards the government greatly reducing its avoid involvement in projects which, for example…
responsibilities in the housing sector, the State Parties must promote or reinforce discrimination against individuals or
ensure that legislative and other measures are adequate to groups contrary to the provisions of the Covenant, or
prevent and, if appropriate, punish forced evictions involve large-scale evictions or displacement of persons
carried out without appropriate safeguards by private without the provision of all appropriate protection and
persons or bodies. The State Parties should, therefore, compensation. Every effort should be made, at each phase
review relevant legislation and policies to ensure that they of a development project, to ensure that the rights
are compatible with the obligations arising from the right contained in the Covenant are duly taken into account.
to adequate housing and repeal.
In accordance with the guidelines for reporting adopted by
State Parties shall ensure, prior to carrying out any evictions the committee, State Parties are requested to provide various
and particularly those involving large groups, that all feasible types of information pertaining directly to the practice of
alternatives are explored in consultation with the affected forced evictions. This includes information relating to:
persons, with a view to avoiding or at least minimising the (a) the “number of persons evicted within the last
need to use force. Legal remedies or procedures should five years and the number of persons currently
be provided to those who are affected by eviction orders. lacking legal protection against arbitrary
State Parties also see to it that all the individuals concerned eviction or any other kind of eviction
have a right to adequate compensation for any property, (b) legislation concerning the rights of tenants to
both personal and real, which is affected. security of tenure, to protection from eviction,
The committee considers that the procedural protections and
which should be applied in relation to forced evictions include: (c) legislation prohibiting any form of eviction.
(a) an opportunity for genuine consultation with
Information is also sought as to ‘measures taken during
those affected
inter alia urban renewal programmes, redevelopment
(b) adequate and reasonable notice for all affected projects, site upgrading, preparation for international
persons prior to the scheduled date of eviction events (Olympics and other sporting competitions,
(c) information on the proposed evictions, and, exhibitions, conferences, etc.) ‘beautiful city’ campaigns,

etc., which guarantee protection from eviction or Rights without any reservation. The ICESCR has been
guarantee re-housing based on mutual consent, by any referred to in scores of judgments of the Supreme Court.
persons living on or near to affected sites. However, few There is no doubt whatsoever that it is enforceable in the
State Parties have included the requisite information in Indian courts. Nevertheless, wave after wave of the most
their reports to the committee. The committee, therefore, brutal demolitions have taken place without notice,
wishes to emphasise the importance it attaches to the justifiable reason, in inclement weather, without
compensation or rehabilitation. There are several decisions
receipt of such information.
of the Supreme Court which specifically include the right
Some State Parties have indicated that information of to housing in Article 21 – the Right to Life. Yet this has
this nature is not available. The committee recalls that never been enforced except when propertied sections
effective monitoring of the right to adequate housing, seek to enforce the right. There is no explanation for the
either by the government concerned or by the committee, vehemence with which demolitions are carried out
is not possible in the absence of the collection of without any regard to the fact that the State is dealing
appropriate data and would request all State Parties to with human beings. Evictions in India are akin to apartheid
ensure that necessary data is collected and is reflected in in South Africa. No democratic country has behaved
the reports submitted by them under the Covenant.” thus with its urban population as India has. The drive to
clear the cities of the poor will have terrible consequences
Housing rights in India are an extraordinary example of not only for the poor but for the city itself giving rise to
practice departing sharply from the law. India ratified the grave crimes, violence and in long run insurrection. We
International Covenant on Economic, Social and Cultural will have, then, only ourselves to blame.

Delhi report
Dehousing the poor from the national capital
Demography In 1956, the Bharat Sewak Samaj36 conducted a survey

Delhi is the national capital of India. The population of of slums in old Delhi. They found that there were 1787
the city is more than 12.87 million, according to the union clusters with a population of 225 thousand out of a
ministry of urban development's note on the national total of 951 thousand. The slum population was thus
urban renewal mission. The Census 200135 records the 23.66 percent. On the contrary, during the 1960s the
government survey estimated the slum population as
being only 4.4 percent of the whole. Based on their
grossly manipulated figures of slums, the
administration decided to allocate five percent of land
to the Economic Weaker Sections, (EWSs). However,
even this meagre allocation was never made available to
the working poor, resulting in the proliferation of slums.37
The Delhi Development Act was enacted in 1957. The
responsibility to provide adequate housing was placed in
1961 on the Delhi Development Authority (DDA). In 1962,
the Delhi Master Plan was formulated. A number of
reforms were made in the housing sector through the Delhi
Development Act, 1957. But these policies were never
implemented. However, like all major cities in India, the
DDA also failed in implementing and executing its own
plans specifically to fulfil its mandate to provide adequate
housing for all. When the DDA took charge, it was given
Delhi map
191,900 hectares of land for residential use to make available
land to the inhabitants at an affordable price. The civil society
organisations had demanded that these residential lands
decadal growth rate at 16.6 percent. The area of the city
is 1056.32 square kilometres with a density of 9,294 should be well utilised to accommodate the working poor
persons per square kilometre. population within the city. This has not been done and as a
result presently 70 percent of the residents are living in
City profile dwellings that are well below minimum housing norms.
After Partition of India in 1947, the city’s population was Largely the poor working class is the worst affected.
1.6 million. The first wave of immigration to Delhi was
during Partition in which not less than 500,000 Sikh and During 1970s, the city’s population shot up to five million
Hindu refugees fled to Delhi. From 1950s onwards, an and the majority of the population was from the EWSs.
increased number of rural migrants followed, mostly from At this juncture, the central government came out with a
the poor states of north India. Now, Delhi has become comprehensive Act in support of housing and land
one of the most populous cities in Asia, its urban reforms. Thus, Urban (Land and Ceiling) Act, (ULCA)
agglomeration counting close to 13 million inhabitants. was enacted in 1974.
35. http/www.censusindia.net
36. A non-political voluntary organisation, Prime Minister Jawaharlal Nehru as the President and Gulzarilal Nanda, Union
Minister, as Chairman, commenced work to enlist public cooperation for India’s planned development.
37. Farce in the Capital –Relocation of slums, Page 26, Eviction Watch India, January 2003
17
Emergency period city. But since 1990s evictions of the poor totally
In 1977, during the period of internal Emergency, the disconnected them from the mainstream economy of
Delhi administration started evicting the poor working the city. Those landless labourers and marginal farmers
class communities from their residences. According to from northern India, who could no longer survive in
official figures, 0.75 million people were evicted from their villages and fled to Delhi, have ultimately been
the city and relocated on the then city periphery near the trapped here. The Delhi authorities have dumped them
industrial areas. No structural support or economic into a no-man’s land between the city and the
incentives were provided during these operations. Most countryside. They are neither wanted in the city nor needed
of the evictees, who were compulsorily relocated near in the countryside. This vicious cycle of forced eviction,
the industrial belt, had no technical skills. Consequently, compulsory relocation and intrusion back into the city
they returned to the city for employment opportunities. continues without any major breakthrough in resolving
the housing shortage in the national capital.
New economic policy of 1990s
Since 1990s, the second wave of forced evictions in the City Master Plan pro-poor initiatives38
capital took place due to the new economic policy. Local The Town Planning Organisation (TPO) under the
authorities in Delhi decided that foreign investors would guidance of the Ford Foundation experts prepared the
prefer a ‘clean and orderly’ environment, at least in the first Delhi Master Plan, which was notified in 1962 for
relevant parts of the centre of the city. The wish to clean the next 20 years and the DDA became its implementing
up and beautify the central city was based on the perception agency. The plan had proposed to earmark “reasonable
that slums were an unhealthy eyesore and a nuisance. areas in several zones for the low income groups who
migrate to Delhi throughout the year from rural areas”.
A comparative study of the forced evictions during 1960s- The programme was meant for improving environmental
1970s and in 1990s will reveal their changing effects on conditions in already existing slums. The basic emphasis
the poor. In 1960s, Delhi was a rather small city. Gradually, of the First Master Plan was to minimise the gap between
many landless labourers and marginal farmers from north different socio-economic groups living in different areas.
migrated to the capital. In 1960s-1970s, Delhi
administration allowed the poor working class to earn a The Master Plan even issued directives to colonisers and
living in the city centre and remain connected with the government departments to reserve 25 percent of the
Housing shortage in the city39

The National Urban Housing and Habitat Policy, 2005 emphasises on multi-purpose co-operative societies
for the urban poor and slum dwellers, but the Janata Housing Registration Scheme (JHRS), launched in
1996, has a backlog of 6,773 houses against 20,000 registrants.
The Ambedkar Awas Yojana, launched in 1989, has a backlog of 2,883 registrants against the cumulative
figure of 20,000.
Under both the above schemes there is a total backlog of about 14,440 units. According to the DDA, over
35 lakh people live in the slums and unauthorised colonies, devoid to civic amenities.
In Delhi, there is an estimated shortage of more than four lakh housing units against a lakh in 2001. By
2021, as much as 24 lakh units will be required to meet the demand. A sizeable backlog of 8,668 and
2,883 in respect of the New Pattern Registration Scheme (NPRS) still exists with the DDA. Even after
two-and-a-half decades – the NPRS was launched in 1979 – the bonafide registrants under this scheme
are still awaiting allotment, the parliamentary standing committee on urban development observed in its
report presented in the Lok Sabha and Rajya Sabha on August 2, 2005.
The density of population has multiplied over the decades and risen from 274 persons per square kilometre
in 1901 to 1,176 in 2001. The capital alone gets over five lakh migrants from across the country annually
out of which 30 to 40 percent end up as squatters or settle in the slums.
38. Managing Urban Poverty, Dr Sabir Ali, Managing slums in Delhi: Uppal Publishing House, New Delhi, 2006
39. Hindustan Times, Slums to be relocated, September 16, 2005

new housing for rehabilitation of squatters evicted during protest on October 6, 2005 against the DDA’s response.
clearance. Developed land, wherever available near the In the gathering, former Prime Minister VP Singh and
city or near work places, was to be reserved for relocation three MPs demanded larger public representation and
of squatters. The resettlement scheme was to form part independent experts for the city’s planning process.
of large composite neighbourhoods, consisting of a mix Commonwealth Games40
of low-income, lower-middle and middle-income The 2010 Commonwealth Games will incur the largest
groups. The plan (1961-81) had clearly earmarked for displacement in the city. Over one lakh housing units would
low-income rural migrants and it was specifically be affected during this mega event. Inhabitants residing
instructed not to locate them at city periphery as it would near the banks of Yamuna have been the most affected.
create problems of transportation to the place of As per the rehabilitation plan as on paper, the land-owning
employment. The plan was sensitive as it would not be agency will pay Rs 50,000, the Delhi government’s
possible for these low-income group families to bear contribution is Rs 15,000 and the displaced family will
the cost of the transportation for long distance out of have to pay Rs 10,000.
their meagre resources. Areas earmarked for the low-
income settlements were to be developed to form an Eviction scenario
integral part of surrounding neighbourhoods, on the basis The first edition (January 2003) of the Eviction Watch
India (EWI) reported on the relocation scam and Yamuna
of sites and services programme with proper layout and
Pushta (Samroospur camp) evictions. The second edition
basic services and community facilities.
in continuation focuses on one of the largest ever evictions
The second Master Plan for Delhi was due in 1981, but it conducted in the capital in which 150,000 persons were
took five years for the DDA to finalise it, the preparation brutally evicted from the Yamuna Pushta area.
for the Asiad Games had delayed the planning process. Just before the eviction drive was carried out in January
2004, former minister of tourism, Jagmohan, of the NDA
The third draft of the Master Plan Delhi, MPD- 2021
government, announced a plan to “relocate” all 75,000
was released on April 8, 2006. The vision of the plan is
slum dwellers of Pushta in order to turn one of Asia’s
to make the city slum-free. The draft identifies new largest slum clusters into a “green belt – with parks and
housing for the slum clusters as the single biggest fountains”. The evictions started from January 22, 2004 till
challenge. The draft says – new housing for urban poor April 2004 and nearly 150,000 people were displaced.
constitutes the bulk of the housing stock, which has to
The Yamuna Pushta jhuggies (slum clusters) are stretched
be provided at affordable prices to the economically
from the old Yamuna bridge to the Indraprastha Estate
weaker sections. The plan has made provisions that 10
Gas Turbine, on both sides of the river. The Pushta
percent of the saleable net residential land should be population comprises people mostly from the states of
reserved for the EWS housing. For rehabilitation and Bihar, West Bengal and Uttar Pradesh and about 70
rehlocation of slum clusters, the policy of allotting 12.5 percent of them Muslim.
to 18 sq metre plots will be done away with.
The most vulnerable families who had no moneys to settle
On April 8, 2005 when the draft Master Plan was formally outside Delhi struggled to relocate at nearby jhuggies clusters
released, citizens of Delhi were given 90 days time to file and unauthorised colonies near Pushta. There were
their suggestions and objections. Within these days the complaints from Nao Pul Basti that the police had set fire
Hazard Centre had organised a series of consultations with to their huts to evict the slum dwellers. There were
civil society organisations, slum communities and experts complaints that in the Gautampuri-I&II colonies and the
on the Master Plan. Several groups on July 7, 2005 ranging Kanchanpuri colony 5,280 residents were evicted, but only
2,574 residents of Gautampuri-II colony were resettled.
from ragpickers to shelterless, slum dwellers and disabled,
filed more than 20,000 objections to the DDA. But there Residents of the Pushta’s Sanjay Amar colony went to
were no responses from the DDA. Instead, they the Delhi High Court arguing that the resettlement sites
constituted a committee only of the DDA officials. The did not have basic amenities. But the court favoured the
Hazard Centre and other organisations mobilised a public government and permitted the eviction to continue.
40. The Pioneer, Housing policy ignores urban poor, September 19, 20
19 Dehousing the poor from the national capital

Rehabilitation and improvement scheme not able to afford Rs 7,000 to pay for the plot. As the
In 2000, the Delhi government, with the Centre’s approval location was outside Delhi city, they lost livelihood
framed the Rehabilitation and Improvement Scheme for opportunities. According to the Hazard Centre survey
the slum dwellers in the city. The cut-off date was report, out of a total of 27,000 families approximately
December 31, 1998 for entitlements to benefit on 20,000 have been allotted plots at the resettlement sites.
relocation of the slums from the present sites for the Only those who had residence proof like ration cards or
scheme that came into effect from April 1, 2000. ID cards were eligible. Most of the inhabitants had lost
their documents during the course of eviction or they
Though this scheme was set aside by the Delhi High Court were burnt in the fire, which was intentionally executed
vide its order dated November 29, 2002 passed in civil by the authority for an easy exit41.
writ petition No 4441 of 1994. The court passed the SLP Eighteen square metre area plots were given to those
C No 3166-3167 ordered dated 19/02/03 and 03/03/ residing prior to 1990 and 12.5 square metre plots to
03, but was stayed the said order by the court. Thus, the those inhabitants who had begun residing in Pushta
said policy is still operative. As per this policy, those who between 1990 and 1998. The logic of the Delhi
establish their housing structure before January 31, 1990 administration was to reward the families who had stayed
are entitled for a plot of 18 square metres while others longer in the basti (slums) and gave smaller plots to the
who put these up between February 1, 1990 to December newcomers in order to discourage the new migrants into
31, 1998 would get plots of 12.5 square metres each. The the city of Delhi.
policy also states that the land for the purpose of relocation
The resettled colonies like Bawana and Holambi Kalan
will be acquired at the sites identified by the DDA/ NCR
are located 35-40 kilometres away from the main city. It
in small pockets existing near the residential areas so that takes a minimum of a two-hour bus ride from the
cost of provision of peripheral services is minimised. Yamuna Pushta area where most residents worked or
The Scheme envisages attended schools. Many people have lost their livelihoods
because of these prohibitive distances and after shifting
1. That there will not be any large-scale relocations of they found that these colonies lacked in basic services
Jhuggies from their existing locations and that relocation including proper shelter, adequate drinking water,
would not be resorted to without any specific use sanitation, electricity or schools.
of cleared site
Police atrocities
2. Major emphasis in the scheme is on the in-situ The Hazard Centre reported of large-scale police
upgradation and improvement of the Jhuggies clusters atrocities during the eviction drive. The police had beaten-
through realignment of plots, widening of roads up women and children who were hiding in one of the
and strengthening of all the relevant basic facilities mosques in Kanchanpuri, Rajghat. The bulldozers injured
three of the children and police denied them medical
3. Independent of the above two alternatives, treatment for hours.
improvement within the existing Jhuggies clusters will
be carried out under the Environmental Improvement The Pushta eviction was the brainchild of Mr Jagmohan,
in Urban Schemes (EIUS). Under the EIUS, certain the then union minister for urban development, popularly
basic amenities such as drainage, common water known in Delhi circles as the bulldozer-man. The Hazard
hydrants, toilets-cum-community bathrooms, street Centre in Delhi had filed a case with the National Human
lighting, pavements, etc., are to be made available in Rights Commission (NHRC) in February 2004, drawing
their attention to the rampant violation of human rights
all the existing clusters till they are upgraded/ relocated.
and pleaded to put an immediate moratorium on further
The Yamuna Pushta strip is slated for beautification for evictions. Although the NHRC had sent notices to the Delhi
tourist attraction. The entire space had over 18,000 plots government and the Delhi Police, no action was taken.
of makeshift dwellings stretching along a two km strip.
Demolitions at Sant Ravi Das and Indira Camps
The DDA and MCD executed the evictions.
Two out of the seven camps situated at Vikaspuri – Sant
The government was charging Rs 7,000 for a plot in Ravi Das Camp and Indira Camp No-1 were demolished
Bawana, Holambi Kalan, Madanpur Khadar and other on May 5, 2006. These demolitions were carried out by
so-called resettlement colonies. Many of the families were the DDA on the orders of the Delhi High Court. The
41. Hazard Centre, The Yamuna Pushta Evictions: What happened to those who were not assigned plots? Dec 2004

residents of these camps were not even issued any notices eviction was served on April 5, that the demolition would
by the court before the evictions were carried out. These take place on April 10, later postponed to April 20. Many
slum dwellers have been shifted to Bawana resettlment of the inhabitants voluntarily removed their belongings
colony, which is totally undeveloped. The Vikaspuri slum prior to the demolition. A 50-year old man, seeing the
clusters were in existence since 1970. The residents of bulldozers razing his house, suffered a heart attack and
these camps are mainly migrants from Bihar, Uttar died on the spot only. 348 of the 597 families were
Pradesh, Rajasthan, Madhya Pradesh and West Bengal notified for the resettlement site at Bawana, which has
working as landless labourers. no space. There is neither water nor electricity and
Threat notice sanitation services at the site. The remaining families are
On May 3, 2006, the MCD and SHO of the Jahangiripuri residing at Balbir Nagar for the last 35 years but the
police station came to Sham Alam Bandh slum colony administration have not offered any resettlement options.
and warned that their settlements would be demolished.
No written notices were given to the inhabitants. This Bawana is 70 kilometres away from Bhatti Mines. At the second
colony is in existence since 1982 in Jahangirpuri, Delhi settlement at Bhatti Mines, Indira Nagar, 650 households were
and divided into two parts N-30 Cluster, Block H-4 and demolished. In a lottery conducted by the MCD, 650
N-34 Cluster, Block H-2. Around 3000 inhabitants are households were allotted alternative plots at Bawana.
residing in this colony. Bawana is undeveloped and barren and completely
Justice denied to Nangla Machi inhabitants jeopardised the livelihood of those who have been forced
Residents of Nangla Machi jhuggie colony had filed a case to relocate there since they work close to Bhatti Mines.
titled Ram Ratan & others vs Commissioner of Delhi The inhabitants have made self-constructed makeshift
Police at the Delhi High Court (WPC No 3419/1999). tents of cloth and plastic.
The Court directed the DDA and the police commissioner
of the Delhi Police to remove all the residents of Nangla Yet in another brutal move, some 5,000 houses in Yamuna
Machi. This order was in gross violation of the principle Pushta area were demolished on April 29, without any
of natural justice as no opportunity of hearing was given prior notification. People were not even given chance to
to the Nangla inhabitants. gather their personal belongings from their homes before
the bulldozers destroyed them. To intimade the residents,
Nangla Machi is a slum cluster which is situated at ‘T’ junction police fired a round to vacate the area. With high
from Bhairo Marg, Pragati Maidan going towards the temperature touching 42 degrees, families found it
NOIDA on the left side of the Ring Road since late 1970s. impossible for a safe space, especially with little children
In the month of February to April 2006, several slum clusters and old parents.
in Delhi were brutally demolished in a calculated and
Action against 'illegal constructions'
systematic manner. The Delhi government shouldered its
On December 14, 2005 the Delhi High Court ordered to
responsibility on the Supreme Court’s order in the case of
demolish all unauthorised structures, the MCD took action
MC Mehta vs Union of India, which justifies the removal
of slums for the ostensible reason of protecting the against 18,000 cases of 'illegal construction' from December
environment, but the slum demolitions are part of a much 17 and showed its intention to continue demolishing
larger scheme to grab the space of the poor inhabitants in unauthorised structures in all the 12 zones of the capital.
the name of development and beautification of the city. These properties are commercial and residential properties
Demoltions at Mandawali that were illegally constructed violating all the regulation
In Mandawali, 350 households were destroyed on norms. These are encroachments by the middle and elite
February 23, 2006 and no alternative land or housing sections that bribed the MCD officials and local politicians
was provided to the residents. Finally, the second phase to attain sanctions from the concerned departments.
of demolition took place on April 25, 2006 and over Residential properties affected are in Roop Nagar, GT Karnal
1,000 inhabitants were rendered homeless. The DDA Road, Jain Colony, Veer Nagar, Mukherjee Nagar, Samay
announced to relocate the Mandawali inhabitants to Puri Road in Civil Lines Zone, Rajouri Garden, Vikas Puri,
Bawana but no plots available there. Janak Puri, Green Park, Karol Bagh, Mehrauli-Badarpur
Man dies of heart attack Road, Najafgarh, West Patel Nagar and Lajpat Nagar. While
On April 20, 2006, two of the three slum clusters of two ongoing constructions were pulled down in Pitampura
Bhatti Mines were demolished. A total of 597 houses area, eight government-owned units of the DSIDC were
were razed to the ground at Balbir Nagar. A notice of pulled down in Bawana industrial area of Narela.

Resettlement site at Bawana, which has no facilities in place
42-year man commits suicide 'Illegal structures' identified

Labourer Satvir Singh, 42, hanged himself in Delhi's
*West Delhi : 456
Nangloi home on September 10, 2006. The family was *Karol Bagh: 410
reported to be facing financial crisis, as Singh had no *South Zone: 211
fixed source of income. The deceased is survied by *Rohini: 296
his mother, wife and three children. A suicide note *Shahdara (north): 234
recovered from Satvir stated: “Government is ruining *Shahdara (south): 148
us… I had laboured hard to build this house. I cannot *Narela: 37
break it, nor can I see it razed to the ground by someone *Najafgarh: 169
else. Therefore, there is no option but to commit sucide. *Civil Lines: 273
* Sadar Paharganj: 124
Only God can save this village.”
(Source: PTI news agency, India, December 2005) Table-2
The DDA officials had asked to vacate the 200 houses
on the periphery of Bakkarpur village. The DDA has the women and Ashrai Adhikar Abhiyan workers (AAA).
developed a housing project and the villagers All of them were beaten up and many were injured. A
complained that the surrounding area is being grabbed pregnant woman was hit in her stomach and Suraj, one
as a green buffer zone for which the DDA is of the AAA workers, was left with a fractured arm.
demolishing these 200 houses. Moreover, all the food items, utensils, blankets and other
belongings were ransacked, looted, and thrown outside
The DDA officials had given notices to vacate the
along with the inmates.
houses by September 11, 2006, or face action. These
local inhabitants are residing there since last 60 to 70 In the year 2000, the AAA conducted a survey and
years. “Where shall we go,” asked one Roop Narayan. counted 53,000 people.43 However, they recognised that
(Source: Times of India, New Delhi, First demolition even this intensive effort was likely to cover just half of
casuality - Vaishali Saraswat, Sept 11, 2006 p-3) the homeless people.
Plight of homeless persons42 The existing night shelters are able to provide shelter to
One of the most inhuman acts was an attack in one of less than five percent of the homeless people in our cities.
the night shelters conducted by the authorities of Delhi The overwhelming majority of the homeless people are
on October 16, 2004. At Palika Hostel, the police and exposed to remorseless winds and lashing rains. Although
NDMC staff entered at 7.30 am and forcibly evicted all homeless people are categorised as high vulnerable
women, their children. In 2002, the NDMC had signed group, but women, children and destitutes are the most
an agreement with the NGOs to start the shelter in a vulnerable. The Tenth Plan (2002-2007) document agrees
four-storey unused building by providing shelter to 300 that the programme of constructing night shelters requires
women, children, and disabled. radical rejuvenation. Establishment of special night
shelters for shelterless women and children will be a focal
150 NDMC staff along with a few policemen in civil area for the Tenth Plan, this document says, but there is
uniform stormed into the shelter home and assaulted little evidence so far.
42. Homeless in Delhi, Frontline; Annie Zaidi, January 01 –14, 2005
43. Indian Express, Cast out in the cold: January 16, 2006

Forced Evictions in Delhi
S.No. Year Name of the Jhuggi-jhopri No. of Location of the
(JJ) cluster families relocated families
1. 2000 Gautampuri JJ Cluster, Yamuna Pushta 500 Bhalswa Jahangirpuri

2. 2000 IIT – Delhi Campus, Hauz Khas 600 Bakkarwala, Najafgarh, Nangloi
3. 2000 Gautam Nagar, AIIMS 5000 Molarbund
4. 2000 Pashchim Vihar, Hari Nagar, 1000 Hastsal
Jhandewanlan,Chander Nagar,
Janakpuri, Katwaria Sarai and Patel Nagar
5. 2000 Nehru Place 2500 Madanpur Khadar
6. 2001 Govind Nagar, Nehru Nagar – 350 Bhalswa
Mukherjee Nagar
7. 2001 Arjun Nagar, Mukherjee Nagar 450 Madanpur Khadar
8. 2001 Nehru Vihar 200 Bhalswa
9. 2001 Jahangirpuri 500 Bhalswa
10. 2001 Teenmurti and East of Kailash 400 Bhalswa
11. 2001 Nangloi JJC 80 Holambi Kalan
12. 2001 Durga Basti, Mall Road 600 Holambi Kalan and Holambi Khurd
13. 2001 Raghubir Nagar 2600 Bakkarwala
14. 2001 Shalimar Bagh, Jhandewalan, Hari Nagar, 3000 Hastsal
Rohini, Pratap Nagar, Pashchim Vihar
15. 2002 Coolie Camp, Vasant Vihar 60 Bakkarwala
16. 2002 Slums at NOIDA Mor, Vikas Marg 1328 Holambi Kalan
17. 2002 Apana Bazar, Nehru Nagar 25 Madanpur Khadar
18. 2002 A-4 Pashchim Vihar 291 Holambi Kalan
19. 2002 Mazdoor Camp, Laxmi Bai Nagar 136 Holambi Kalan
20. 2002 AP and AE Block Shalimar Bagh 706 Holambi Kalan
21. 2002 Shaheed Arjun Das Camp, Kidwai Nagar 1258 Holambi Kalan
22. 2002 Motia Khan 400 Rohini
23. 2002 Sudarshan Park 15 Rohini
24. 2002 Bara Pul, East Nizamuddin 180 Molarbund
25. 2002 Bapu Dham 1602 Holambi Kalan
26. 2002 Mangal Bazar Pitampura 600 Bakkarwala
27. 2003 Neela Gumbad 164 Madanpur Khadar
28. 2003 Capt. Gaur Marg 154 Madanpur Khadar
29. 2003 Indira camp, Naraina 389 Holambi
30. 2003 Bara Bagh, GTK Road 615 Holambi
31. 2003 Raja Bazar, CP 660 Holambi
32. 2003 Indira Camp and Rajiv Camp, Kamal Cinema 4000 Narela
33. 2003 Raj Nagar 1500 Madanpur Khadar
34. 2003 Arjun Nagar, Green Park 400 Madanpur Khadar
35. 2004 Yamuna Pushta 1600 Holambi, Bawana, Madanpur Khadar
36. 2004 Indira Colony, Yamuna Pushta 530 Bawana
37. 2004 Yamuna Pushta 1600 Holambi, Bawana, Madanpur Khadar
38. 2004 Indira Colony, Yamuna Pushta 530 Bawana
39. 2004 Yamuna Pushta (30 Cluster) 27000 Bawana
40. 2004 R.K. Puram Sector 2 500 Bawana
41. 2005 Laxmi College 3000 No resettlement
42. 2005 Rajiv Camp, Ramanand Camp, 385 No resettlement
Arjun camp, IP Extn
43. 2006 Sant Ravi Das Camp, KGI, Vikaspuri 700 Bawana
44. 2006 Camp No. 1, KG 1, Vikaspuri 400 Bawana
45. 2006 Block B and C, Wazirpur Industrial area 1000 No resettlement
46. 2006 Banwal Nagar, Pitampura 1562 Bawana and Narela
47. 2006 Indira JJ camp, Mandawali Fazalpur, IP Ext 350 No resettlement
48. 2006 Mayur Vihar on the east bank of Yamuna 510 No resettlement
49. 2006 Marginal Bund Road, Yamuna Pushta 3500 Savda Gevra
50. 2006 Chungi, Yamuna Pushta 1200 Savda Gevra
51. 2006 Nagla Machi 1000 No resettlement
52. 2006 Balbir Nagar, Bhatti Mines 700 Bawana
53. 2006 Indira Nagar, Bhatti Mines 600 Bawana
(Source: Hazard Centre, New Delhi) Table – 3

Even if the government starts prioritising this work, it later with a visit to another slum settlement, he announced
will be too long before night shelters for all are provided. that there would be no demolition of any slum/hut till the
Therefore, there is a clear need for identifying those new policy was finalised. In response to this, Delhi
buildings which have adequately unused space during night administration in February 1991 not only provided ration
to accommodate the homeless. The MCD runs 12 night cards but also decided to upgrade all illegal slum settlements
shelters and that too only for men. or shift them to alternative government-built dwellings.
(Source: ActionAid India, New Delhi) Later, the Delhi adminstration described this as a ‘one time
44
SC intervention policy’ and it was explained that the new Jhuggie households
The Supreme Court had directed the states and the would not be given ration cards and would not be allowed
federal government to frame a comprehensive action to squat and set up homes.
plan to provide shelter to the slum dwellers, homeless
persons especially in the urban cities and towns. On Eviction notice to the Tibetan refugees47
January 27, 2004, the Supreme Court allowed standing The Delhi High Court had issued the Tibetan refugees,
on two public interest cases of great importance to who have been settled since 1962, eviction notice on June
housing rights. The petitioners, ER Kumar, Rohit 9, 2006. The High Court had appointed Justice Usha
Mammen Alex, Deepan Bora and six others argued Mehra Monitoring Committee. This refugee camp is near
that Article 21 of the Constitution of India, which Majnu ka tila near the National Highway - 45. The two
guarantees the right to life, includes the right to shelter, projects that are threatening to displace the Tibetan
as housing is essential to a dignified life. Based on this, community are beautification of Yamuna riverbed and
counsel for the petitioners, Prashant Bhushan, argued the Signature Bridge at Wazirabad and widening of the
that the federal and 13 state governments have an ring road. But immediately after the court notice, the
obligation to take immediate steps to provide shelter, Delhi government came for rescue of the Tibetans and
food and warm clothes to the homeless people in the announced that it would approach the committee as well
country. These steps should include plans, on strict as the Delhi High Court to suggest a change in the plans.
timelines, to construct adequate housing with basic, In 1995, the Tibetan refugee settlers had also received a
essential amenities the court was further urged to oblige formal commitment from the Centre that till the
the governments to establish a mechanism monitoring international dispute over Tibet was settled, Tibetans
the implementation of any scheme and programme for would be allowed to live there.
the homeless, as well as a mechanism to address citizens’ Protest demonstration48
grievances arising out of this process. The activists of different organisations, slum dwellers, daily
wage workers and rickshaw pullers on July 3, 2006, protested
VP Singh’s initiative
outside the Supreme Court in protest against the slum
Former Prime Minister VP Singh also demanded
evictions, and Supreme Court’s judgment in cases relating to
legislation by Parliament to prevent forced eviction of the urban poor and other marginalised groups in the country.
the slum-dwellers, until they were provided alternative
sites45 . He initiated over the issue of forcing the Delhi Conclusion
government to issue a government order and demanded It’s most unfortunate that the country’s capital is insensitive
that this facility should be extended to the rest of the towards the habitat needs of the working poor. They
country. Rightly so, a draft housing bill has been prepared are systematically thrown out as far as 40 kilometres away
by the civil society groups in consultation with experts from the city. The displaced families faced severe
and social movement organisations. economic impact like drop in their earnings, an increase
in living costs and break-up of families. Many children
A major policy shift was taken in 1991 when Mr VP Singh stop going to the schools. The demolitions also destroyed
was the Prime Minister. He visited Kalkaji and Govindpuri considerable investments made by the families. If poor
slum settlements and announced a ration card for every inhabitants’ voice isn’t heeded even in the national capital,
family of 700 Jhuggie clusters in Delhi46 . Following this, a one can imagine the plight of millions of the urban poor
fortnight later, when he visited another slum settlement, he living in the country!
announced that there would be ration for every family of Hazard Centre, ActionAid, and HRLN New Delhi
700 Jhuggie clusters in Delhi. Following this, a fortnight contributed in finalising the Delhi report
44. The Times of India, New Delhi, India, January 27, 2004, “SC to Come Out With Law on Right to Shelter”
45. Asian Age, Slumdwellers must get law protection: VP, October 5, 2005
46. Dr Sabir Ali, Managing Slums in Delhi, Managing Urban Poverty (page 446) – Uppal Publising House, 2005
47. Big trouble in Little Tibet, but govt to the rescue by Sharma Nidhi, The Times of India, New Delhi, July 4, 2006 p. 8
48.‘Protest against evictions’ The Hindu, New Delhi, July 4, 2006, p. 4

Rehab fact finding report
Rehabilitation no solution
Bedoshruti Sadhukhan*
I
n the past few years, there has been a spate of slum on September 27, 2005 and January 8, 2006. The visits
demolitions in the city of Delhi, with the Supreme included ten sites located in Narela, Holambi Kalan and
Court justifying the action citing reasons of Bawana, where oustees of slum demolitions had been
‘development’ of the city. In most cases of demolitions, relocated. In all these sites, the residents were living in
none of the provisions of law with regard to demolitions inhuman conditions, with extremely poor conditions of
was followed. sanitation, water supply, education, electric supply, health
care facilities, etc. The following sites were visited: (i)
The demolitions are carried out in atrocious circumstances, Pocket 8, Sector 5, Narela; (ii) Pocket 14, Sector 5, Narela;
sometimes without notice and the inhabitants are thrown (iii) Pocket 4, Sector A/ 6, Narela; (iv) Pocket 11, Sector
out of their homes to a resettlement site. Often this site is A/ 6, Narela; (v) Pocket 7, Sector 10, Narela; (vi)
a temporary place to stay, known as a transit camp, from Gangaram Colony; (vii) Swarna Jayanti Vihar; (viii) Metro
where the people would again be relocated to some other Vihar; (ix) Holambi Kalan; and (x) JJ colony, Bawana.
place and at another time. The conditions of these transit
camps are unfit for human habitation. Sometimes, the Seven of these ten slum rehabilitation sites were set up at
people are not even provided with a shelter to protect various times, most of them five to eight years back, by
the DDA alone and rest by the slum and JJ department
themselves from rain or sun. Most of the resettlement
of the Delhi government and MCD. Out of these sites,
sites do not have supply of water or electricity or proper
Holambi Kalan and Bawana have been set up within last
sanitary facilities.
three-four years. In fact, two of them, Gangaram Colony
To assess the living conditions of the rehabilitation sites and Swarna Jayanti Vihar, were set up more than eight
in and around Delhi, visits were conducted to these sites years back. The people shifted there are a mixture of the
population of different slums. The new dwellers are still
regarded as outsiders by the original population of the
resettlement areas. The new ones regularly face
discrimination in various aspects of their lives, including
access to basic facilities like drinking water or medical
treatment. Even children of the new dwellers are
discriminated against in schools. Besides, the main
problems of basic civic amenities remain unresolved. The
sites face problem of access to drinking water, sanitation,
drainage, and educational and medical facilities.
On top of it all, the municipality also does not clean the
premises regularly, leading to health risks for the
inhabitants. The sites are located very far away from the
main city, which is their place of employment, and do
Condition of a resettlement site outside Delhi not have proper facilities of transportation.
* Ms Bedoshruti Sadhukhan has been with the Human Rights Law Network's Environmental Justice Initiative
25
The nearby industrial area provides jobs to these people as this site from places like Red Fort, Vijay Ghat, Shanti
labourers. In spite of this, there is an acute shortage of Van, Sanjay Amar Colony, Indira Colony, Gautampuri,
jobs for these people. Earlier, they were mostly staying Pushta, etc. There are five blocks in this site.
close to their places of work, in the city, but after being Land allotment
removed to faraway places, they often have to travel to In the pockets of Narela, there are three sizes of plots:
and from the city for their work. This costs them time and 22 sqm, 18 sqm and 12 sqm. The people have had to
money, both of which are precious to them. pay varying amounts of money for these plots.
A brief overview of the resettlement sites In Pocket 8 of Sector 5, there are around 888 land plots
In Narela, five pockets were visited, in different sectors out of which 710 have been allotted to different families.
These included: (i) Pocket 8, Sector 5; (ii) Pocket 14, Sector The sizes of the land plots are 12 sqm. These plots are on
5; (iii) Pocket 4, Sector 6; (iv) Pocket 11, Sector 6; and (v) leasehold for 15 years. These families had to pay Rs 7000
Pocket 7, Sector 10. for 12 sqm plots. In pocket 14, there are around 501 land
plots of 12 sqm and the plots are on leasehold for ten
The Narela site had been set up by the slum development years. There also, the people had to pay Rs 7000 for 12
department and DDA. In sqm plots.
the sites visited, the residents
The water which is supplied
were living for six years, In Pocket 4 of Sector 6, there are
except in Pocket 4, Sector 6,
though the common taps is unfit around 1326 plots out of which 800
where they have been living for drinking. The tankers come plots have been already allotted to
for two to five years. The once a day, and if the tankers do different families. The plots vary in
people have been relocated not come, the people have to get size from 18 sqm to 12½ sqm and
in these pockets from various water from other areas. There are are on lifetime leasehold. These
parts of the city, including four tankers for 1600 families people had to pay Rs 5000 for 12½
Minto Road, Nehru sqm plots and Rs 7000 for 18 sqm
Stadium, Bal Bhawan, Laxmi Nagar, Lodhi Road, plots. For corner plots, people had
Pashchim Vihar, Janakpuri, Minto Road, Okhla, Medical, to pay, Rs 14000 for 12½ sqm plots and Rs 20,000 for
Safdarjung, Shahdara, ITO, CGO Complex, Lajpat 18 sqm plots. Moreover, almost a hundred families have
Nagar, Mayapuri, Cantonment, Janakpuri, Minto Road, not been allotted land plots yet and have been living in
Paschimpuri and others. temporary shelters and shacks for more than a year. In
Pocket 11, there are around 1600 plots allotted to
The Swarna Jayanti Vihar site was set up by the slum and different families. The plots vary in size from 22 sqm to
JJ Department and MCD. There the residents have been 18 sqm to 12½ sqm and are on leasehold for lifetime
living for seven years. The residents have been shifted lease. The people had to pay Rs 7,000 for their plots of
from Chanakyapuri, Nehru Stadium, Greater Kailash, 18 sqm and Rs 5,000 for plots of 12½ sqm. In this sector,
Babu Park, Kotla, Ashok Vihar and others. there is very bad planning of the housing plots. The
planning shows complete lack of sensitivity to the privacy
The DDA set up the Gangaram Colony. The residents of the people. The people are forced to stay in small
are living there for more than six years and have been rooms, with common courtyards, which is a constant
shifted from Connaught Place, Janakpuri, Baraf Khana, reason for quarrels among the people.
ITO, Gangaram, Rajinder Nagar, and other areas. In Pocket 7 of Sector 10, there are more than 1000 land
The Metro Vihar, Phase I, A Block was set up by the DDA plots, which have been allotted to different families. These
land plots are of 22 sqm or 18 sqm and on leasehold for 10
and the residents have been living there for more than five
years. These people had to pay Rs 7,000 each for these plots.
years. They had been shifted to this place from all over Delhi,
Minto Road, Mal Road, Chawlapuri, Radhu Place, Ashok In Swarna Jayanti Vihar, there are more than 2500 plots
Vihar, Lal Bagh, Barabagh, Janakpuri, and other places. allotted to different families. The plots vary in size from
22½ sqm to 12½ sqm. There are around 2300 plots of
The residents in Holambi Kalan A Block, set up by the size 22½ sqm and 214 plots of size 18 sqm. In Gangaram
DDA, have been living there for more than two years Colony, there are 490 plots of 22½ sqm. In Metro Vihar,
They have been shifted to this place from places like Rohini. there are 1600 land plots of 18 sqm to 12½ sqm. In
Holambi Kalan A Block, there are 700 land plots, of
The JJ Colony, Bawana was set up by the slum and JJ 12½ sqm. In Bawana, there are 15,000 land plots allotted
Department and the MCD. The residents have been living to different families in the various blocks. The plots are
there for more than two years and had been shifted to of the size of 18 sqm and 12 sqm.

The plots in Swarna Jayanti Vihar, Gangaram Colony, Water supply
Metro Vihar, Holambi Kalan and Bawana are on lifetime In Pocket 8 and 14 of Sector 5 in Narela, water is supplied
lease. In most areas, people had to pay Rs 7000 for each through common taps. These taps give water for a short
of these plots. In Metro Vihar, people who had been time, about one hour twice a day, morning and evening.
shifted from Mall Road had to pay Rs 5,000 for their There is a lot of rush during water collection, often causing
plots. In Bawana, people had to pay Rs 7,000 for the fights. There is no individual supply of water to the houses.
plots of 18 sqm with corner plots costing Rs 20,000 and Some of the residents have got borewells dug for them,
Rs 5,000 for plots of 12 sqm with corner plots costing for whose maintenance they have to pay Rs 10-15 every
Rs 14,000. month per family. The water, which is supplied, is yellow
Employment in colour and distasteful, thus not potable. Some people
There is widespread unemployment among the people collect potable water from nearby police colony.
who have been relocated in these Sector 6 Pocket 4 has tap water
resettlement sites. A few of them supply. However, there is only one
work in the nearby industrial area. Although the residents have tap to supply municipal water,
In these jobs, they are paid Rs 1200 to pay money for using the which gives water for a short time
to 1600 for working in the toilets, the private contractors twice a day, morning and evening.
factories for 12 hours. The average do not maintain them in a This single collection point serves
income of the people of Swarna
proper way. The people find it 800 families, naturally resulting in a
Jayanti Vihar is around Rs 1,500 –
2,000. In Gangaram Colony, the difficult to pay for toilets, as lot of rush and often causing fights.
people mostly earn around Rs most of them are labourers or Not only that, the site where the
1,500. vendors earning meager sums tap is located is next to a clogged
drain. The water falls into this drain
Due to lack of employment, and to collect this water the people
people often sell off their plots and go back to the city have to place their containers right in the dirty water of the
and live in the slums again. They are thus rendered drain. It is an extremely unhealthy state of affairs. In Pocket
susceptible to evictions in the same manner repeatedly. 11, taps, which are present, do not supply water, which is
The people are mostly labourers, vendors, rickshaw
pullers or mostly unemployed. Many people who cannot
find jobs in the nearby areas, go to the main city of Delhi
in search of work as labourers and vendors. As a result,
they incur a huge financial burden. People spend 3-4
hours everyday traveling to and from their place of work.
The people have to spend Rs 40-50 everyday to go to
their workplaces from their place of residence. Some
people also get bus passes for Rs 450. There are, however,
no direct buses to Delhi city areas, and they have to change
their bus at Azadpur.
The bus stand is very far from most of these colonies
and the people have to travel distances of more than
one km, often upto three km to take buses. As such they
have to spend a lot of time and money in their travel. In
Metro Vihar, a few buses had been started, but the routes
for these buses were such that not many people could
avail them. Because of loss, these buses have also been
discontinued. The roads are in a very bad shape, and
travelling is a big pain for the residents. Commutation is
a major problem for these people. Only in Bawana, the
bus stand is close to the colony. However, there are no
direct buses to Delhi even from this bus stand. A tap located on a clogged drain
27 Rehabilitation no solution
potable, and people depend on tanker water supply. The Although the residents have to pay money for using them,
water which is supplied through the common taps is unfit the private contractors do not maintain them in a proper
for drinking and utilised by the residents only for washing way. The people find it difficult to pay for toilets, as most
clothes. The tankers come once a day, and even that is not of them are labourers or vendors earning meager sums.
a surety. If the tankers do not come, the people have to
get water from other areas. There are four tankers, which The toilets are in a dilapidated condition and are not
properly cleaned. The main problem is that most of the
come to the area with 1600 families. These tankers stand
sites don’t have sewer lines, therefore, cleaning the toilets
only in front of the houses of infuential families or
is a problem. The people have to use these filthy toilets
‘pradhans’ of the area. There is such a rush for the water
because there is no other option. Moreover, the people
that often there are fights over it. More than 30 FIRs have can hardly afford to pay for sanitation. The children have
been lodged regarding such fights. The water supplied is to go outside in the fields to ease themselves, and there is
often yellow and therefore not potable. filth, human excreta and dirt everywhere. Moreover, the
In Sector 10 Pocket 7, the water is supplied through toilets remain closed during the night and are open only
common taps or tankers that come once a day. However, in the day. It causes a lot of problems to the people
these tankers only supply water at the house of the when they fall ill or need to use the toilet at night.
pradhans or some such influential persons, while the rest There are open drains in the site, and most of them have
of them are left out. A few of the residents, who can choked with filth and dirt. There is no sewer facility in
afford it, have got private borewells for individual use at the area. The garbage is not cleaned by the municipal
their own expense. In certain areas of this pocket, which sweepers and is dumped anywhere in the streets, so that
is newly built, there is no supply of drinking water yet. the whole place has a rotten stench. There are not enough
In Swarna Jayanti Vihar, there are four common taps, sweepers to clean the colonies. Also, there is regular water
which get water only for a few hours in the morning and logging in the colonies of Bawana and Holambi Kalan.
evening, and cater to 2500 families. In Metro Vihar, there In Sector 5, Pocket 8 of Narela, there are two common
are five common taps, getting water twice a day to cater toilets and each family is charged Rs 30 per month for
to 1600 families. In Gangaram Colony, the water is
the toilet facilities. In Pocket 14, there is only one common
supplied from two borewells. In Holambi Kalan, water
toilet and each family is charged Rs 100 per month. In
is supplied through hydrants. In Bawana, there is water
supply through borewells and hydrants, getting water for none of the sites, the toilets were in a functional condition.
three hours in the morning and evening. In Sector 6 and 10, the people are charged Re 1 for each
use of the toilet. In Swarna Jayanti Vihar also, the people
The quality of water is poor and often causes health are charged Re 1 for every use. In Bawana, the toilets
problems in Swarna Jayanti Vihar, Gangaram Colony and charge Re 1 for each use of the toilet and Rs 5 to Rs 10
Metro Vihar. In many places, the people are forced to use for washing and bathing each time.
unhealthy water due to non-availability of any other option.
In Bawana, there is severe shortage of water in summers, In Gangaram Colony, the atrocious living conditions are
and people have to use stream water at that time. reflected in the fact that even after six years of residing in
the colony, the people have no functional toilets. They
Electricity
In all the sites in Narela, Swarna Jayanti Vihar, Gangaram
Colony, Metro Vihar, Holambi Kalan, there is regular
electricity supply, but the supply is through private
contractors. The residents had to pay Rs 1,870 for the
meters. The residents claim that these meters run very
fast and they have to cope with very high electricity bills.
Because of such high bills, the people often draw electric
lines from one house to another and there is rampant
theft of electricity. In some areas of Pocket 7 of Sector
10 in Narela, there is no supply of electricity.
Sanitation
All the sites lack proper sanitation facilities. The toilets are
unclean, broken down and often not in working order. Abuse of state power against the poor city inhabitants

have to go to the fields to ease themselves. Since there Often the health centres do not open regularly, or do not
are no sewer lines, the residents cannot even build their provide the medicines. The people, therefore, are forced
own toilets. In Metro Vihar, there are only four toilets to buy medicines from the local chemists at high prices.
working, out of the seven constructed. In Holambi Kalan, The doctors also do not come regularly to the health centres.
there are three functional toilets.
There is one hospital in the area – Raja Harish Chandra
In Sector 10 in Narela, the residents also complained of Hospital. This hospital provides basic medical facilities,
malaria and mosquitoes. There are no streetlights in the but all medical examinations have to be done in private
area. The residents feel unsafe to go around after dark laboratories outside the hospital. This becomes very
and it also encourages anti-social activity. Absence of expensive for the people. Most of the time, the doctors
streetlights is a problem in Swarna Jayanti Vihar and refer the patients to other hospitals in the city, and because
Holambi Kalan, Block A too. The residents of Gangaram it takes a lot of time and money to go to the hospitals in
Colony complained of dust pollution caused by the the city, the people often do not go to these hospitals at
trucks unloading and loading in the nearby godowns. all and are, therefore, left untreated.
Educational facilities The people from Metro Vihar

There are a few primary schools The atrocious living conditions in and Holambi Kalan avail another
in the different pockets in Narela, Gangaram Colony reflects the fact hospital Maharshi Valmiki
although all pockets do not have that even after six years the people Hosiptal. However, both these
their individual primary schools. have no functional toilets. They go hospitals are very far from the
There is one primary school and to the field to ease themselves colony, almost 8-10 km from it.
one secondary school in Swarna The road condition is very bad
Jayanti Vihar. Gangaram Colony and the people find it very
does not even have a primary school, and the children difficult to travel with patients.
go to schools in far away areas, and often drop out of
schools. There are two primary schools in Metro Vihar,
Ration shops
but there is lack of teachers. Holambi Kalan has one In most of the pockets in Narela, there is only one ration
primary and one secondary school. Bawana has one shop. If there are no shops in the resettlement colonies
primary school. the people go to ration shops in neighbouring pockets
of the sector. Most of these shops open only once a
The residents complained that the teachers do not take month, and there are no fixed dates for the opening of
proper care to teach their wards. After the primary level, these shops. In Swarna Jayanti Vihar, they open twice a
the students have to go to ML School, which is the only month. In Gangaram Colony, there are no ration shops.
secondary school in the area. If the students do not get In Metro Vihar, there are four fair price shops for food
admission there, they have to go to schools which are grains and two shops, which provide kerosene oil. In
very far away, and therefore have to spend a lot of time Holambi Kalan and Bawana, there are ration shops, but
and money. As a result, there are a large number of these shops do not open regularly.
dropouts from the school. There is no college or higher
educational centre. The students have to spend a lot of There is no regular routine for these shops and often they
time and money traveling to and from the school. The do not have all the items and there is also blackmarketing
teachers and students, who are originally from that area, of the goods. People often do not get what they ask for in
also discriminate against the children from the slums. these shops.
Medical facilities One major problem that has cropped up with the
In Narela, except in Pocket 8 of Sector 6, there are health resettlement of the people is that they have been provided
centres in the other pockets of the area. In Sector 10, the with the APL cards after their relocation. As a result, they
health centre has not been opened. In Swarna Jayanti are forced to buy foodgrains and oil at rates higher than
Vihar, there is one health centre but the dispensary has what they used to pay when they were living in the city.
been closed for the past four years. The Gangaram They are not being given sugar on these cards, and also get
Colony, Metro Vihar Phase-I and Holambi Kalan Block less oil than what they used to get. The shopkeepers charge
A do not have any health centres. There is a dispensary more than the fixed rate for the goods, for rice, they charge
run by an NGO Navjyoti in Holambi Kalan. Bawana Rs 7 instead of Rs 6.15 and for wheat, they charge Rs 5
has one primary health centre. instead of Rs 4.65 which has been allotted. The people are
29 Rehabilitation no solution
The taps in the resettlement colonies rarely supply the water
also given less quantity than what they are supposed to get, amenities. The living expenses are high, and they are not
such as five kg rice instead of 10 and 20 kg wheat instead able to meet these expenses from their meagre incomes.
of 25 kg. In a nutshell, the living costs are too high for the They are now placed in areas where they do not have
residents to have a decent meal. employment, and have to travel to far away places for
Conclusion their livelihood, and spend more than their income on
The site visits and interviews with the people at these living. Most of the residents were of the opinion that
places showed that the residents of the resettlements were they were better off in the slums in Delhi than in the
living in extremely poor conditions without basic resettlement sites.

Mumbai report
Demolition spree in Mumbai city
Demography 2001, spatially the city had grown to 562.23 square

Mumbai is the largest city in India with a population of kilometres till 2001. 49 During the 1950s, it had a
16.43 million, according to the urban development population of three million only.
ministry's note on the NURM. It has a density of 21,190
persons per square kilometre. According to the Census City profile
Mumbai was known to be a major centre for industrial
production and manufacturing industry in India. A major
shift in this industrial character started in the late 1980s. The
Mumbai Metropolitan Regional Development Plan
(MMRDP) was prepared in 1993-94, envisaging a shift from
manufacturing and industrial production to the service sector.
Future trends indicate that by 2015, Mumbai will be one
of the top most populous cities in the world with a
staggering 28.5 million people. And, it seems that by
2025, Mumbai will be the slum capital of the world.
The city’s slums and high rises have already stretched its
civic services to a breaking point. Local suburban trains
are packed four times their capacity. A significant number
of the population resides in slums and on pavements
and a minimum desired level of housing quality remains
out of reach for a huge majority. Though there are a
number of programmes to improve housing conditions
of the poor, but the housing rights are being rampantly
violated causing people to become homeless, vulnerable
and destitute in the city. The Maharashtra state has the
largest slum population of (10.64 million, Census 2001)
which constitutes one percent of India’s population and
about six percent of the state's population.
World Bank survey50

According to the World Bank statistics, 54 percent population lives in the slums in Mumbai. Another
25 to 30 percent live in chawls and on footpaths, which means just 10 to 15 percent people live in
proper houses ie buildings, bungalows or high-rises. By 2025, it could touch 65 percent, which will
make Mumbai the slum capital of the world. Unhindred migration, antiquated housing laws and sky-
rocketing real estate prices will see slums overtake the Mumbai skyline, in another 20 years.
49. <http://www.censusindia.net>
50. Mid Day, Every second person in Mumbai lives in a slum, January 9, 2006
31
Eviction scenario Sadly, the city has again witnessed one of the most ruthless
The Indian People’s Tribunal (IPT) report, Bulldozing and massive demolitions, which occurred from
Rights51 reveals that Mumbai’s first-ever forced evictions December 2004 to April 2006. Ms Medha Patkar, national
occurred in the 1950s, during the Congress regime. The coordinator of the NAPM, had played an active role in
evicted were rehabilitated in Mankhurd. The place was collaboration with many other organisations and slum
leaders against Mumbai’s forced eviction drive.
named Janata Colony. In 1976, this Janata Colony was
again displaced as the administration wanted to When the Congress party in Maharashtra refused the
construct staff quarters for the Bhabha Atomic Research electoral promise of cut-off date, Mumbai’s slum dwellers
Centre (BARC), as it was located next to the Janata got united and the administration had to witness stiff
Colony. These displaced slum dwellers were pushed resistance. The state chief minister declared that all slums
out a further five kilometres to Cheetah Camp. In order post - January 1, 1995, would be demolished and the
to create space inside the city, on both occasions the people who were evicted would never be rehabilitated.
government adopted the policy of pushing slum The demolition drive conducted from November 2004
dwellers outside the city limits.52 to February 2005 had rendered more than three hundred
thousand people homeless, just in the span of a few
In the earlier elections, the Congress party in Maharashtra months. Within the first 18 days, over 39,000 homes were
had promised the extension of the cut-off date to 2000. demolished, among the first was a large settlement with
This election promise played a big role for the Congress over 6,200 homes in Ambujawadi in Malad, a North-
to come to power in the state. The extension of the cut- Western suburb of Mumbai.54
off date has always been used as a ploy to get votes just
before the elections. McKinsey report55
During the chief ministership of Sushil Kumar Shinde in
The first census of slums was conducted in 1976. The
2003-04, Mumbai First (an organisation of the builders,
government decided that those who have been included
industrialists, and former senior bureaucrats) brought out
in the 1976 census would be held eligible for slum a development plan for Mumbai with the help of the
improvement, redevelopment or relocation schemes. The multinational consulting company, McKinsey, and insisted
concept of cut-off date thus came in. Once again in that the city be developed accordingly. The state government
1980, the government adopted the cut-off date. This adopted the plan, without any wider consultation or even
time no fresh census was taken, as it was difficult to consulting the state legislative assembly.
conduct census at such a large-scale. The electoral rolls
of the 1980s were, therefore, adopted as the base for The state government appointed a special officer, who was
determining eligibility. The same story was repeated in directly answerable to the chief minister. The McKinsey
1985 and again in 1990. In 1995, when the Shiv Sena- report had no plan for housing the poor. It rather advised
BJP coalition government came into power it declared that there be a reduction in the slums down to 10 percent,
January 1, 1995 as the cut-off date for providing free though the Maharashtra Housing Development Authority
housing to slum dwellers.53 (MHADA) stopped constructing low-cost houses in 1990
itself. The Mumbai First and related groups propounded
In the first edition of the EWI (First report, January 2003) the idea of ‘developing Mumbai’ on the pretext that there
an extensive report on the Sanjay Gandhi National Park are no lands available for real estate development.
evictions was one of the focal issues. This report
highlighted how around 86,000 houses, stretching from The McKinsey plan – “Vision Mumbai” was promoted
Pimpripada to Borivalli were targeted by the forest by Mumbai First, who took the lead, hands in glove with
officials. The Mumbai High Court and the state the builders and politicians for the massive evictions in
administration took the extreme step of using helicopters the city. The World Bank had also entered the scene to
and deploying even retired military officials and “Special ‘invest’ and share profit with the private business interest
Reserved Forces” to evict the poor unarmed inhabitants. groups (PBiGs), at the cost of the poor as well as the
51. Politics of Demolition, a report on Forced Evictions and Housing Policies for the Poor in Mumbai, Bulldozing Rights, Indian
People’s Tribunal on Environment and Human Rights, June 2005
52. Information regarding the history of the cut-off date was gathered from an unpublished Phd Thesis of Dr Jalinder Adsule, Professor
of Niketan College of Social Work as well as from a meeting with Mr Tinaikar, retired municipal commissioner of Mumbai
53. History of the cut-off date, Page 47, Politics of Demolitions, Bulldozing Rights
54. Indian Express, Mumbai Newsline front page, December, 25, 2005
55. The Mumbai makeover plan, Page 47, Politics of Demolitions, Bulldozing Rights

middle class in Mumbai. The struggle in other major Jan 5: The elite Citizens Action Group met the chief
cities and towns in the country indicate similar direction. minister and the deputy chief minister, applauded the
state machinery for the demolition. CM Vilasrao
NAPM press release highlights Deshmukh expressed his resolve to severely punish those
Dec 8, 2004: During the assembly session at Nagpur, the who dared to build or occupy slums in the city. On the
Maharashtra chief minister announced that the new same day, one Shankar Potgire from Subhash Nagar, died
Mumbai development plan will be completed within five as the police did not provide any shelter or medical aid.
years at the cost of Rs 31,823 crore ignoring the promises Shankar died due to severe cold in the open space.
declared in their manifesto, large-scale evictions were carried
out in Mumbai. The Mumbai Commissioner Johny Joseph Jan 8: At an NRI conference in Mumbai, the Citizens
said: “Every hut will individually be cleared if it was built Action Committee commended the prime minister for
after January 1, 1995”. The opposition party leader of clearing the slums. The prime minister assured that
Shiv Sena, Bal Thackeray, applauded the move. Mumbai would be converted into a Shanghai within five
years. The industrialists also demanded that the coastal
Dec 9: Rajendra Srivastav, slum citizen in Anand Nagar, regulation zone-CRZ Act be done away with and a new
Andheri (W) committed suicide as a protest against the international airport be constructed near Mumbai along
demolition. No FIR was filed. with new highways.
Dec 15: A daylong dharna was held as a sign of resistance Jan 13: Over 100 evictees stormed the Mantralaya
by the evicted slum dwellers in Azad Maidan, Mumbai. (secretariat office) and the CM’s office. The state
Dec 17: 59 people were arrested when the evictees started government had by then demolished over 80,000 hutments,
pelting stones on the demolition squad at Govandi. There displacing over four hundred thousand people. More than
was resistance in Byculla. 150,000 children were rendered homeless. Many children
and elders died and many more were sick or got broken
Dec 18: Two girl-children were killed during the their limbs. The state government claimed that it had spent
demolition operations in Bandra slums. Rs 84 crore on demolition and 3989 police personnel
Dec 20: One Rajendra Chaddha died of burn injuries in were used during the eviction.
Mangelwadi, Juhu slum. Police reported this as suicide. Jan 17: An IPT was organised to investigate the legality
Dec 21: The state finance minister assured the industrialists of of the slum demolitions. It was conducted in three areas:
the Indian Merchant Chambers that as per the “Vision Maharashtra Nagar, Indira Nagar in Mankhurd and
Mumbai” plan all slums would be cleared and the plan would Kannamaur Nagar Park Side, Vikhroli.
be implemented as per the Shanghai development model.
The terms of reference for this enquiry were:56
Dec 22: The Zopadpatti Bachao Parishad organised a 1) To investigate the human rights violations and the
massive rally against brutal evictions. In a single day, 8,000 legality of the evictions
huts in Malavani were demolished. The Shiv Sena 2) To look into the government policies relating to the
mouthpiece reported that, “slum dwellers were illegal housing for the poor
Bangladeshis and had TV, fridge, mixer and washing
machines in their dwellings.” 3) To examine alternatives in the urban planning practices
that include the poor and make recommendations
Dec 24: Mumbai officers pleaded their inability to on the basis of these
demolish the unauthorised constructions of the high-
income group people. Governor SM Krishna supported The IPT panel conducted a site visit to three areas where
the drive. The Republican Party of India convention people's homes had been demolished followed by a public
opposed the demolitions. hearing on January 17, 2005, at Mumbai Marathi Patrakar
Sangh. The IPT report was published as – “Bulldozing
Jan 4, 2005: Fifty thousand huts were demolished Rights” in June 2005.
covering 300 acres of land. The builders and the
industrialists claimed that land valued at Rs1,500 crore Jan 31: The NAPM along with 22 slum organisations,
had been ‘liberated’ from the slum dwellers. held a two-day long dharna (sit-in protest) near
56. Indian People’s Tribunal on Environment and Human Rights, Bulldozing Rights, June 2005
33 Demolition spree in Mumbai city

Mantralaya. The slum dwellers started reoccupying the Borivalli Court Magistrate sent them to judicial custody.
land and houses were rebuilt in Rafiq Nagar. Over 70 They were taken to the Byculla and Thane jails.
people were arrested and cases for rioting and forceful
entry registered. Feb 23: An NAPM press release confirmed that Ms
Medha Pathkar was on indefinite fast, since the time she
Feb 5: The Mumbai Police lodged an FIR against Ms was arrested. For three continuous days she was fasting
Medha Patkar for unlawful assembly and violation of in the Kalyan Jail.
prohibitory orders. Feb 24: Thousands of Zopadpatti Bachao Sanyukta Kriti
Feb 11: Over 500 activists were arrested and then released Samiti activists marched at Sadakant Dhavan Ground
in Govandi suburb. and Parel in Mumbai demanding her release. The fast of
Medha entered the fifth day.
Feb 12: Police lathicharged a
Feb 26: At midnight, Medha was
gathering of over 1,200 activists After demolishing over 80,000
taken to the Central Hospital, at
near the Deonar police station. hutments, displacing over 400,000 Ulhas Nagar. She was then shifted
The people were protesting people. More than 150,000 children to JJ hospital at 3 am and
demolition of their houses in were rendered homeless. The state forcefully put on a saline
Rafiq Nagar slum area and were claims that it spent Rs 840 million on intravenous drip. She was taken
demanding release of 300 demolition and 3989 police out of the jail on the pretext of
arrested persons. Most of them personnel were used during the taking her for medical tests. Large
were released, but nearly 30 senior eviction number of activists from
activists were re-arrested. (Rafiq Govandi, Mankhurd, Malad,
Nagar slum was reclaimed from a marshy land in 1996. Kurla and from the different organisations visited her
There were about 800 houses before demolition. The police, during the day to express their solidarity. Medha, Mohan
Chavan and Ramesh Kasbe refused to sign personal
aided with bulldozers, demolished the houses in December
bonds in protest against their illegal arrest and demanded
2005. Since then, the people have been living in the open in that false cases against them be withdrawn.
makeshift locations.)
March 15-16: Over 1,000 evicted slum dwellers from
Feb 13: The AICC General Secretary Mrs Margaret Alva Mumbai and Narmada disaster victims held a joint dharna
expressed shock and disapproval of the evictions. Over in New Delhi in front of the union ministry of social
500 people laid siege to the office of the ruling Congress justice and empowerment. Representatives of 42 slum
party at Tilak Bhavan in Dadar. The party assured immediate communities demanded an urgent enquiry into the
stoppage of demolitions and relief to the evictees. violations of the Urban Land Ceiling Act 1976, DC Rules
of Greater Mumbai, Master Plans for all cities and Coastal
Feb 14: Nearly 300 activists were arrested in wee hours Regulation Zone (CRZ) Management plans, resulted in
in Chembur while protesting in front of a local elected grabbing and usurpation of land reserved for the poor
member of the state legislature. Twenty five activists resulting in huge profits and environmental destruction.
were arrested in Ambujawadi in Malad for entering the March 16: The Maharashtra chief minister issued a
land where they had lived for past so many years. statement that there was not an inch of land available for
(Ms Margaret Alva, incharge of monitoring the the poor in Mumbai. The civil society and slum activists
implementation of the party manifesto, took a clear position came out heavily against the CM’s statement protesting
favouring the protection of Mumbai slum dwellers). that the poor have neither physical nor political space in
the city. The utilisation plan of 300 acres of land cleared
Feb 16: The Congress President Sonia Gandhi intervened through evictions includes only amenities and provisions
and reiterated the same words as Ms Alva. But the for the rich sections.
contradictory statement of the CM, thereafter, compelled
the civil society organisations to continue the struggle. April 1-2: In Mumbai Ghar Bachao, Ghar Banao Yatra
(Save a house, build a house) was organised. A march-
Feb 21: Ms Medha Patkar along with Mohan Chavan and tour was held of about eight communities, to express
two other anti-slum demolition activists of Zopadpatti solidarity with the struggle of the urban poor and to
Bachao Sanyukta Kriti Samiti were arrested during evening expose the injustices. The activists asserted their rights
hours near Ambujawadi slum, Malad, Mumbai. The during the two-day procession or yatra.

April 6: The slum organisations took out a rally from the videshis (foreigners) are welcomed into our country, why
historic August Kranti Maidan to Azad Maidan and towards not the Bangladeshis? The hypocrisy and double standards
the Maharashtra assembly. Before reaching the grounds, the of the government were evident and shameful.
activists were confronted with a brutal lathicharge by the May 12–16: A Yatra (procession) against the forced
police. Though the march was peaceful and there was no evictions called Samvada Yatra was organised. It toured
single incident of lawlessness, the police without warning, various places in Maharashtra to seek support against
suddenly attacked the peaceful marchers, which included a illegal demolitions. The yatra met different groups in
majority of women, children and the aged. various cities and villages to devise strategies for a
common struggle. Samvada Yatra marched through
April 8: The civil society groups demanded an inquiry Dhadgaon, Dhule, Nasik, Sangamner, Ahmed Nagar,
into the April 6 lathicharge incident. Medha led a delegation Pune, Sangli and Kolhapur.
to a meeting with the Deputy Chief Minister RR Patil,
who gave an assurance of a judicial May 13: Ms Sonia Gandhi wrote a
enquiry within a day, but no enquiry letter to the CM of Maharashtra for
was instituted or action taken against Ms Sonia Gandhi had to allowing the displaced slum dwellers
the police officials. write a letter to the M'rashtra to re-occupy the lands they had
CM for allowing the inhabited till the state government
April 29: An enquiry commission on found any alternative and to construct
displaced slum dwellers to
right to food on the invitation of the appropriate housing.
reoccupy the land they had
NAPM visited the demolished slums
inhabited till the state May 16: The slum organisations held a
of Rafiq Nagar, Mandala, Anna Bhau sit-in dharna at the Azad Maidan
Sathe Nagar, Jai Amba Nagar and government found any
alternative demanding rehabilitation and to adhere
other slums. to its election promises of extending
May 1: May Day was celebrated by their cut-off dates to 2000.
thousands of slum dwellers at Adarsh Vidyalaya, Tilak May 31: Mumbai High Court admitted a petition and
Nagar and later they marched to the residence of MP the bench expressed that it couldn’t understand the
Gurudas Kamat demanding proper rehabilitation and reference of cut-off dates. Justice Chandrachud stated
compensation. The representatives lighted a mashal (torch) that the poor, who serve, go wherever there is a source
symbolising their determination to take forward their of livelihood. He was of the opinion that the issues were
fight for justice. very basic and needed to be taken up at the earliest. The
Judge asked the Advocate-General, who represented the
May 7: Ms Sonia Gandhi summoned the Maharashtra
government in the court, to advise the state government
CM to New Delhi for a meeting the very next day. She
to organise a meeting urgently with the peoples’
ordered the CM to immediately provide alternative
organisations and NGOs, and to listen to their views
rehabilitation site to all the evictees.
and proposed solutions.
May 10: The state government got exposed regarding
June 6: The slum organisations held a conference
the fake scare of Bangladeshis taking over Mumbai. An ‘Consultation on urban development’ at the Azad Maidan.
application filed under the Right to Information Act came Justice (retd) BG Kolse Patil inaugurated the meeting.
out with records that there were only 626 Bangladeshis
in the entire city, as of 2004, out of 16.43 million people June 9: Hundreds of slum dwellers marched to Tilak
in Mumbai. The struggle organisations alleged that the Bhavan, headquarters of the Congress party in the state
government was trying hard to believe that these (MPCC) demanding accountability and fulfilment of the
“encroachers” were “terrorists” and were “crowding” poll promise of extending the cut-off date to 2000.
the country in large numbers. The people gheraoed the headquarters and demanded that
Ms Prabha Rao, Mr Vilas Rao Deshmukh and Mr
In a press release, the NAPM57 pointed out that the fact Gurudas Kamat meet the people and explain their stand.
is that it is not the Bangladeshis, but the desi (nationals) -
corrupt builders and their protectors – who are the real June 10: Slum dwellers continued their agitation on the
threat to India. When American, European and other second day at Tilak Bhavan, demanding an explanation
57. The NAPM press release on May 10, 2005

on the eviction issue. The people waited at the gates to Nov 10: Rafiq Nagar houses were again demolished
hear from Ms Prabha Rao, acting president of the MPCC, where people were living in a Qubristan (Muslim
on party’s stand on the letter written by the UPA cemetary). The police arrested 20 activists. Mr Simpreet
chairperson Ms Sonia Gandhi to the Maharashtra CM. Singh, an NAPM activist, was dragged and thrown into
the vehicle. One pregnant woman, Ms Pramila Chaudhari,
June 11: At Rahul Nagar, Chembur, 70 concert houses
was manhandled and arrested. The municipal corporation
were demolished.
with the assistance of police bulldozed about 350-400
June 14: After a two-hour meeting with Dharavi houses. The arrested activists were taken to the Nehru
Congress MP, Eknath Gaikwad, the state government Nagar Police station at Chembur.
announced that it would stop demolitions during the
monsoon. The meeting was held with the representatives Legal interventions
of the slum dwellers, led by Ms Medha Patkar. The slum A petition was filed on behalf of the NAPM in the
dwellers demanded that they be Bombay High Court because
allowed to return to the plots Shamin Banu sustained miscarriage several colonies, which had been
from where they were evicted, after a policewoman hit her in the established after January 1, 1995
and the cut-off date be further stomach. The police dragged people were being demolished by the
extended to 2004. Mr Kamat government. The petition prays
from their houses, breaking vessels
said that the matter was for the for a policy for urban poor
and utensils. They poured water in
Maharashtra government to housing. In this case, the court
the food being cooked in the
decide. The MPCC agreed to appointed a committee to work
community kitchen and seized all out such a policy and the HRLN
offer a compensation of Rs
50,000 each to the families who the foodgrains is part of the policymaking
lost lives due to the demolition. committee. Three other
The Nationalist Congress Party President Sharad Pawar petitions were filed on behalf of persons whose
too stated that slums should not have been demolished settlements were built after Jan 1, 1995. These cases are
without proper rehabilitation for the slum dwellers. None pending. One case was also filed for a disabled person
of the NCP leaders, however, seemed to be coming whose house had been demolished. There are two other
forward to take any ameliorative action in the matter. cases regarding the Slum Rehabilitation Schemes and in these
cases the court has granted interim relief.
26 July: Mumbai received a record rainfall, with 94.4 cm
falling in the city’s suburbs. The death toll in the Maharashtra (Pravin Ghag, activist of Girani Kamgar Sanghatana,
state was more than 1,000. The city was hardest-hit, with won the case in the High Court which is a major victory of
500 causalities. This main cause of the flooding was direcly the Textile Mill Workers of getting about 200 acres of
linked to city’s haphazard infrastructure development. The textile mill land to the mill workers).
main cause was particularly the filling in of the nullas,
drainage rivulets along roads, widened by Mumbai Urban Jan 2006: This year under the name “Operation Make-
over” was lanunched. So far, around 5,000 houses have
Transport Project (MUTP) and other development
been demolished. These targets were not only shanties but
activities. This man-made disaster was the manifestiation also unauthorised constructions. Demolitions were
of a corrupt “unholy builder-politician nexus”, which had conducted along 16 key roads under the Mumbai Urban
led to massive and extensive damage in Mumbai’s suburbs. Infrastructure Project. Following areas were severely
Flooding was also linked to the filling of the city’s afffected: Byculla, Nagpada, Borivalli, Mahim, Bhandup,
waterways as well as the destruction of the city’s mangroves. Mulund, Chembur, Malad, Goregaon, Mohammed Ali
Road, Kurla, and Bandra.
Oct 15-16: A national consultation workshop was held
at the YUVA centre in which 300 participants took part Jan 21: Chief Minister Vilasrao Deshmukh announced
from various parts of the country. that slums encroaching on roads and airport land needed
to be removed and 200,000 houses constructed to
Oct 17: A protest rally against the urban renewal rehabilitate slum dwellers. He was speaking at a meet on
programme was organised and over 3,000 displaced slum “Slum free Mumbai”. Deshmukh said the city would be
dwellers and activists from cities of 18 states took out a free of slums by 2020.
rally from Darbi Talkies, Sandhurdts Road to Azad Feb 6: At Mahakali Nagar Worli, the municipal authorities
Maidan to protest against anti-poor urban renewal plan. demolished 60 houses inhabited since the late 1980s and

the residents had various documents such as voter identity personnel brutally beating up local inhabitants, who opposed
cards, etc., to prove that they were living there for a long the brutal attack. Poisonous sludge was poured over the
time. Police lathicharge several old women and children land to prevent people from occupying the site. The sludge,
while they were trying to collect their belongings. Three of which is being dredged from Mithi, contains heavy metals
them sustained serious head injuries. Police arrested six such as lead, cadmium, nickel and zinc. According to Vikas
housing activists including a pregnant woman and a child. Tondwalkar, project director of the Mithi River
Feb 8: The Mumbai Metropolitan Region Development Development Authority, about 2,500 shanties have been
Authority (MMRDA) demolished around 600 houses of demolished. Meanwhile, demolitions continued in other
the Chum Community Centre at Khar Danda, Khar Road. areas at Powai – BEST colony, Pathanwadi, Mahatma Phule
Residents were residing there prio to 1995 in permanent Nagar, Milind Nagar, Bhimnagar and Morarji Nagar for
structures. They had identity cards and other proof of pre- widening of the riverbed.
1995 residence. The Maharashtra Housing and Development May 9: 5,000 houses were demolished at Mandala. Around
Authority (MHADA) had built public toilets there, which 45 housing rights activists were injured in the lathicharge
were also razed. These evictions were carried just a few unleashed by police during and after the demolition.
days before the examinations of the school children living
there, thereby leaving them in the middle of the road with May 11: Eight activists including three women were
no means to study. Kar Danda residents had requested the arrested in Mandala. They were taken to the Govandi
authorities to extend their demolition dates for two months Police station and were beaten up there. Aisha Bi, an
as the board exams were nearing, but in spite their pleas the activist from Mandala was picked up from her house.
authorities razed their shelters without prior intimation. The The police took Aisha Bi from inside her house. Some
local police held housing activists who had protested. of them were even handcuffed. Activists were abused
and beaten up in front of their advocate and were
Mar 11: With total disregard and absolute insensitivity
toards the children who were appearing for their board charged with attempt to murder, a non-bailable
exams, hundreds of police personnel along with the
Mumbai Municipal Corporation officials demolished
around 350 to 400 houses at Indira Nagar Kurla on
March 11, 2006. The residents of informal settlement at
Indira Nagar on the banks of Mithi River were also
evicted. The evictions were carried out on the pretext of
blockage of the river. This blockage is not just because
of the informal settlements but also due to diversions
and construction at the mouth of the river, including the
Worli Bandra Sea Link and Bandra Kurla Complex.
Targeting poor slum settlements clearly indicates the vested
interests and bias of the state in favour of the rich and
powerful. These settlements have legal documents and
existed there even before 1995.
Apr 25: Again at the same settlement, more than 1,000 houses
were demolished by the MMRDA with hundreds of police Victims of the Mumbai slum displacement
Arrest of Raj Awasthi

The Mumbai police arrested Raj Awasthi, a housing rights activist, on January 3, 2006. He was
detained because of the pressure from the local land mafia, local MLA, builders, officials of the
Mumbai Metropolitan Regional Development Authority, the collector’s office and the police. Awasthi
was held in Thane Jail and then transferred to Nasik Jail.
Awasthi was involved in mobilising the slum dwellers and shop owners of the Kurla region, Mumbai
and making them aware of their constitutional and human rights. He was instrumental in exposing the
corrupt practices and policy violations by the World Bank and the local officials in the WB funded
Mumbai Urban Transport Project, which has displaced more than one lakh people in Mumbai.
He was charged under Prevention of Dangerous Activities (MPDA) Act in the Bombay High Court
bench of Justice Deshpande and Justice Tahilramani. The case was quashed and he was released on
May 5, 2006.

offence. An independent team consisting of Ms Lata dwellers. As part of the agitation, Justice Suresh at Azad
Narayanan, Ms Amita Bhide and Mr Vijay Nagaraj of Maidan felicitated Mr Raj Awasthi, an associate of the
Tata Institute of Social Sciences (TISS) had gone to the NAPM, who was jailed, booked under the MPDA Act.
site collecting first hand information and statements
from the injured people. The evicted victims were not The eight activists who were falsely booked during and
allowed to go to the hospitals. Police also threatened after the demolition at Mandala kept in the police custody
basti people not to give food or shelter to the evicted were produced in the court. Though a bail application
families and were forced to leave their lands. One of was made and a request for judicial custody, the court
the women named Shamin Banu had to to throught the extended the police custody for four more days. Two
trauma of miscarriage in the Sion Hospital after a of the main activists from among the ten were re-arrested
policewoman hit her in the stomach. There was massive in relation to an old case registed against them during the
brutal lathicharge and the police dragged people from the anti-demolition struggle in 2005. The bail application of
demolished site, breaking vessels and other utensils. They the three women are kept pending for the report of the
also poured water in the food being cooked in the assistant public prosecutor.
community kitchen and seized all the foodgrains.
May 25: The evicted families of Mandala continued their
May 17: Thousands of people from Mandala, Mankhurd indefinite dharna on the eighth day. The child rights
whose houses were demolished and set on fire marched organisations and childrens’ groups also joined in solidarity
to Mantralaya for an indefinite dharna (sit-in) demanding with the affected children and their families.
immediate stoppage of demolitions and right to shelter.
The slum children shared and discussed their feelings about
The affidavit by the government of Maharashtra clearly stated the happening in their basti, and their city. The mayor
the allocation of 55 acres under Survey No 80 at Mandala of Mumbai joined the children and helped facilitate the
(Turbe) for providing accommodation to those whose children in their responses to the demolitions. The scene
families that have been staying there before year 2000 and at Azad Maidan was rather different from the regular
were demolished during the demolition drive of 2004-05. dharnas with around 300 children from demolished
May 18: On the second day of the agitation at Mandala, communities and other vulnerable children, either
more organisations and civil society leaders came in support homeless or threatened by violations of their personal
demanding rightful restoration of the land to the slum spaces, came together to demand their right to safe home.
Slum children narrate their experiences58

Salma Bano (10 years) said: “My parents were dragged and beaten up by the police. My home was burnt
including my books and other belongings.”
Imran (12 years) lost his bicycle when his house was demolished. He had got this cycle after years of request
from his mother who stitches clothes to make a living.
14-year old Ibrahim’s home got demolished in December 2004. He said: ‘If we do not have a home, we cannot study.
What will we eat if our parents lose their livelihood? Home is a place which gives you a shelter and protection.”
Yogesh Medar, childrens’ mayor of Mumbai, expressed his solidarity and support with the children from the
demolished commmunities. He said: “Every child has a right to have a secure home and that right cannot be
denied by anybody. The government is responsible for securing rights of children and these rights also include
right to housing. It is important that we as children raise our concerns regarding issues affecting us.”
Later, children painted their images of a home on a 15-metre long cloth which remained in Azad Maidan for public
display. A small children’s park was also made with flags and balloons for the children to play.
The children then inaugurated their dream house in solidarity with all homeless children in the world before
taking out a procession around Azad Maidan. They vowed to protect their symbolic house, till their Balawadi
in Mandala was re-established and their right to housing and education gained. The child rights organisations:
Bal Adhikar Sangarsh Sangathan, Bal Haq Abhiyan vowed to take forward childrens’ demand and their right
to housing.
58. Every child has a right to a home, Maju Varghese, Eviction Watch May 25, 2006 ([email protected])

Recommendations
Urban Land Ceiling Act should not be repealed rather be implemented in letter and spirit, by which land can be
made available for housing the poor. Since the role of the World Bank in pushing the repeal has been exposed, it
needs to be challenged and opposed.
Land leased out to the rich with unduly low lease rent or outdated lease should be withdrawn and the land be used
for requirements of the deprived. Land utilisation existing and proposed, should be immediately reviewed and
proportional allocation for the poor be made mandatory.
Any planning process underway should take in consideration the anticipated requirements of low cost and self-reliant
housing schemes by involving the construction workers, carpenters and masonry workers from the slums only.
For the slums in existence, the only viable and desirable option should be in-situ rehabilitation, by the Basti Sabha
being the decision making body as also stipulated under the 74th Constitutional amendment.
Instead of having isolated policies for sectors like transport, basic services and housing and hawkers, all these should be
covered by a comprehensive pro-poor policy, enable to attain their rights and needs.
Since infrastructure projects — especially the highways, flyovers and expressways — benefit the car owners but
occupy maximum space at the cost of other land use patterns, cess on private vehicles should be imposed as a
source for financing pro-poor schemes.
Instead of public-private partnership models being pushed by the JNNURM, community-public or public-public
partnership models should be developed and implemented for the delivery of basic services and other projects.
An Act recognising the livelihood and housing rights of the urban poor be introduced and enacted by Parliament.
Provisions of the existing Inter-state Migrant Workmen Act be implemented.
Street hawkers and other Informal sector activities should be mandatorily included in the urban planning and
development process.
Regarding access to basic services like water, sanitation, ration or health and law, rule or regulations cut-off date,
which restricts access of the poor to the above, should be considered illegal and unconstitutional.
Environment friendly and economically sustainable modes of transport, be it pedestrian, cyclists, cycle rickshaw
pullers, should be encouraged and be made safer by providing dedicated lanes in all urban infrastructure and
transport projects. The Mass Transport Systems should be prioritised over and above private modes of transportation,
which includes Metro Rail system.
Urban dwellers including slum dwellers, service providers, street vendors should be delegated the rights and
responsibility of conducting a basic socio-economic and mobility survey as a step towards the fulfilment of their rights.
Respect the electoral promise and protect all slums and houses built prior to 2000, improvement of the slums and
rehabilitating dwellers is also necessary.
Rehabilitate all people in the same place. Constitute a joint task force with government, non-government organisations
working in the affected areas and community representatives acceptables to slum inhabitants.
Accept identity proofs like ration card, photo pass, survey receipt, and other government documents along with
voter's identity card as eligible identity proof for rehabilitation.
Issue immediate photo identity pass to slum dwellers that have been surveyed before 1995 or later.
Pay compensation worth at least Rs 30,000 per family to those whose houses and belongings have been demolished.
Transfer ownership of land on which the hutments stand, onto the names of the hutment dwellers and plan and
execute low cost housing schemes for the affected through people’s cooperatives, keeping builders out.
Enact a national rehabilitation policy for any type of displacement and forced evictions.
Implement the Supreme Court order on right to food issued till 2004 and execute the concerned schemes for people
below the poverty line.
The cases filed against slum dwellers and activists should be immediately withdrawn unconditionally and all who
are in jails should be released.
Implement the Urban Land Ceiling Act and acquire 2500 acres of land belonging to the Godrej, Jeejeebhoy
Beheramjee Trust, etc., and utilise it for housing the urban poor.
Amend the existing law for allowing the transfer rights of hutments prior to 1995 (SRA) and give full rehabilitation
rights to new occupants of the same structure.
In the city development plan, there should be a provision to ensure that every person who comes to the city of Mumbai
should be provided affordable housing and demarcate separate land for slums, poor and marginalised sections.
In planning the Vision of Mumbai, special consideration should be given to the vision of the poor, 60 percent of the
population. There should be a dialogue with labourers – organised and unorganised, pavement and slum dwellers,
tenants, etc. The final decision should be based on these hearings and special consultations with the people’s organisations.
People should be displaced only with their informed consent and participation in the decision-making process. No
one should be displaced without proper rehabilitation.
Mumbai’s plans pursued in the name of “Mithi River revival” or “Mumbai’s Development” should proceed in a
transparent manner, with consent and partnership of the city dwellers and those living along the banks of the river.
The government should recover the public lands used by unauthorised occupiers on ridiculously low lease rent or
where the land lease is expired and use it for the poor people housing.

List of forced evictions in Mumbai
Metropolitan areas 6. Ambuj Wadi, near Aakashwani Malwani, Malad

1. Priya Darshini Nagar, in front of Police Station West
Wadala
7. Ameena Nagar, behind Meghwadi Police Station,
2. Sai Nath Nagar, Pandu Budhakar Marg, Bombay Jogeshwari
Dyeing Mill, Worli
8. Ambedkar Nagar, Mahada RTO, Four Bunglows,
3. Barister Nathpai Marg, PDO community, Ray Rd
Andheri West
(West)
4. Shivaji Nagar, pavement in front of Ambedkar Eastern suburbs
College, Wadala 1. Ganesh Nagar, behind Mahada Colony, Mulund
5. Ganesh Murti Nagar, Cuff Parade, Wadala East
6. Bangali Pura, Masjid Bunder, on the bridge 2. Kamraj Nagar, behind Kamraj Nagar Municipal
School, Ghatkopar East
7. Sitaram Mill Compound, Lower Parel
8. Kamla Nagar, Jasmine Mill Road, Dharavi 3. Netaji Nagar, behind Panjabi Chawl, Ghatkopar East
(OS India-NGO providing services)
9. Prakash Nagar, Near Machimar Colony, Mahim
10. Nanyaneshwar Nagar, Jer Bai Wadia Marg, Sewri 4. Annabhou Saathe Nagar, Along Mumbai Pune
Highway, Mankhurd
11. Madanpura, next to Byculla Fire Brigade office
5. Ramabai Ambedkar Nagar, Mulund Highway, next
Western suburbs to MHADA Colony,Mulund East
1. Siddharth Nagar, Mahada, behind Four Bunglows
RTO, Andheri West 6. Rafiq Nagar, Govandi East (Apnalaya - NGO
providing services)
2. Mangela Koliwada, Moragaon, Ruia Park, Near
Chandan Talkies, Andheri West 7. Shivaji Kutir, LBS Road Kurla
3. Sai Baba Nagar, behind Jan Shatabdi Hospital, 8. Mandala, Mumbai, Pune Highway, Mankhurd (Path
Kandivali West - NGO providing services)
4. Asmi Nagar No. 7, Malwani, Malad West 9. Indira Nagar, LBS Marg, Agra Road, Kurla
5. Rathodi Gaon, Malwani Church, Malwani Malad
10. Bhim Chhaya Nagar, Kanamwar Nagar, Vikroli (E)
West
Table – 4
NAPM, YUVA and ICHRL contributed in

finalising the Mumbai report
Housing campaign network in Mumbai

Zopadi Bachao Parishad
Apli Mumbai
Shahar Vikas Manch
Girangaon Rozgar Haq Samiti
Bruhan Mumbai Bhadekaru Parishad
Ghar Haq Jagruti Parishad
YUVA
India Centre for Human Rights
Zhopadi Bachao Joint Action Committee
Nirbhay Bano Andolan
Chembur Zopadi Dharak Mahasangh
Asangathit Samajik Suraksha Parishad
Zopadi Bachao Kruti Samiti
AITUC
Rajiv Gandhi Nagar Rahivashi Sangh (Dharavi)
Baladhikar Sangharsh Sanghatan
Manav Mukti Morcha
Ashankur
Adarsh Ekta Nivara Kruti Samiti
NAPM

Report on the World Bank inspection panel
(Released on December 21, 2005)
P
ost widespread demolitions in the city on September city. Likewise, the panel experts recognise the difficult
20, 2005, the World Bank had received a letter from challenge in resettling an estimated 120,000 or more
Ms Medha Patkar and Mr Simpreet Singh detailing people in Mumbai.
serious problems with the MUTP works and their
implementation as number of the resettled households This was one of the largest urban resettlement projects
were facing with a set of post-resettlement problems. The that the World Bank had undertaken in India or elsewhere
World Bank had temporarily (except in China). According to the
suspended financial support to the report, the MUTP project intended
Mumbai Urban Transport Project for economic development and that
(MUTP). large numbers of people must
benefit from the project.
The MUTP is an ambitious road and
rail renewal plan, which involves the The World Bank Panel was
involuntary resettlement of more concerned with the number of
than 17000 households, and about complaints they were receiving from
2500 shops and small industrial units. the affected people who would be
About 14000 households have largely displaced by the project, they
already been moved to secure were being har med and the
dwellings. These people were among associated costs were being ignored.
the city’s poorest, most living along The MUTP began in 1995, as large
railway tracks in squalid and number of families would be
dangerously unhealthy conditions. displaced by the project, the WB
The World Bank had devoted high- prepared two separate but inter-
level attention to the project and had linked projects:
taken significant steps to try to bring
1) for transport infrastructure and
the project into compliance with its
2) for resettlement and rehabilitation
policies and procedures. The
inspection panel had received four The WB recognised that the projects
successive complaints for inspection involved significant risks when in
The MUTP Plan
related to the MUTP. 1999 a major policy shift was made
to combine the two projects into one project. The
The MUTP objectives resettlement and rehabilitation project became the sub-
The objectives of the Project was to “facilitate urban economic component of the infrastructure project. This resulted in
growth and improve quality of life by fostering the development major adverse implications especially on the resettlement
of an efficient and sustainable urban transport system including and rehabilitation part of the project related to both rail
effective institutions to meet the needs of the users in the Mumbai and road components.
Metropolitan Region”.
The WB had approached the local NGOs in the city to
The main objective of the project was to carryout implement the resettlement aspects of both components
improvement in the transport infrastructure of Mumbai of the project.
41
The US$940 million MUTP is supported by an IBRD The special advisers of the panel were Prof Michael
loan of US$463 million for the road and rail components Cernea, anthropologist and sociologist, Prof Alan Rew,
of the project and an IDA credit of US$79 million for anthropologist and sociologist, Prof Richard Fuggle,
resettlement. Disbursements to the IDA credit and the environmental scientist, and Dr Renu Modi, sociologist.
road component of the loan (US$150 million) have been Members, who were handling the investigation, were
suspended pending a resolution of issues outlined above. Eduardo Abbott, Anna Sophie Herken, Peter Lallas and
The IDA is the International Development Association, Zachary Liscow.
the concessional lending arm of the World Bank Group,
The project has three components: improvement of
and the IBRD is the International
Mumbai’s rail transport system,
Bank for Reconstruction and
Development, the Bank’s low- The MUTP fails to provide adequate improvement and extension of
the road-based transport system,
interest lending window. The income restoration and adequate
and resettlement and rehabilitation
closing date for both the loan resettlement arrangements. The of affected persons.
and the credit is June 30, 2008. shopkeepers fear of suffering
According to the project irreparable damage to their All four complaints for inspection
documents, the road-based businesses pertain to the proposed
transport component of the construction and improvement of
east-west connecting roads within
project amounts to US$183.02
the road-based transport component and to the proposed
million, with the IBRD loan financing US$150.47 million
resettlement and rehabilitation of persons affected by
of this. The resettlement and rehabilitation (R&R)
the road component.
component amounts to US$100.08 million, of which
the IDA credit finances US$79 million. The first three complaints concern the six km Santa Cruz-
Chembur Link Road (SCLR), while the last complaint
Four legal agreements are relevant to the project: The IBRD addresses similar came from the issues related to the 11
Loan Agreement, the IDA Development Credit Agreement; km Jogeshwari-Vikhroli Link Road (JLVR). The request
the Maharashtra Project Agreement, and the Mumbai Railway economically diverse people, representing low and
Vikas Corporation Project Agreement. All agreements were middleincome shopkeepers and other affected residents
signed on August 5, 2002. The Loan and Credit Agreements of Mumbai.
became effective on November 6, 2002.
Objections filed
The WB inspection panel team had released extensive
investigation report (223 pages) on the Mumbai Urban On April 28, 2004 the Inspection Panel received the first
Transport Project. This report was officially released on objections request related to the MUTP from the United
December 21, 2005. The project had affected about Shop Owners Association (USOA). These people are
120,000 persons (19,200 households) and 3000 shops small shop owners whose commercial premises are
located in the Kismat Nagar area, Kurla West, in the city
displaced from their present habitat and in some instances
of Mumbai.
from their source of livelihood.
The second objections was submitted by three
The Inspection Panel was formed in September 1993 by
organisations located in the city of Mumbai – the
the Board of Executive Directors of the WB to serve as
Hanuman Welfare Society, the Gazi Nagar Sudhar Samiti
an independent mechanism to ensure in the WB
and the Jai Hanuman Rahiwasi Sewa Sangh – on behalf
operations with respect to its policies and procedures.
of 350 residents living in the area known as Gazi Nagar
The Inspection Panel is an instrument for groups of two
in the Kurla West district.
or more private citizens which provides a link between
the Bank and the people who are likely to be affected by On November 29, 2004 the panel received another
the projects it finances. objection file by the Bharati Nagar Association on behalf
of the residents of Bharati Nagar.
The investigation team was assisted by the local NGOs,
national and state government officials in New Delhi and On December 23, 2004, the panel received a fourth
Mumbai, the MMRDA, SPARC, NSDF and SRS objection filed by Ekta Vyapari Jan Seva Sangh, on behalf
providing documents, discussing points of concern, and of residents and shopkeepers of Bandrekar Wadi,
facilitating the panel’s work. Bhavbani Chowk in the Jogeshwari district of Mumbai.

Fifty-eight members of the organisation living in the area quality and accuracy of the pre-displacement surveys as
signed the request. their structures have not been surveyed properly, because
the resettlement survey took into account only the length
The objections against the MUTP were similar in and breadth of their present structures, not the height,
substance and allege the same violations of the World even though the structures are three dimensional and often
Bank’s operational policies and procedures. The have an upper level.
complainants claim that they were suffering due to the
Bank’s failure to follow its operational policies and The complainants further stated that they were not provided
procedures related to their resettlement and rehabilitation with proper information regarding the portions of their
under the project. commercial premises that would be affected by the project.
Some of these people, the Requesters, objected to the
The MUTP fails to provide adequate income restoration classification of their current area as a “slum,” which has a
and adequate resettlement arrangements. The shopkeepers specific status within the State regulations.
among the “Requesters” fear that they were suffering
irreparable damage to their businesses. Complaints related to resettlement sites
The first three objections filed against the project were
With regard to the project design for the road component,
on the resettlement site called Mankhurd. The requesting
the first complainant also demanded that the widening of
persons objected on the economic and environmental
the road be limited to the original proposed width of
grounds to being removed to this site, arguing that it was
39.0 metres as set forth in the MUTP project approved
unsuitable and too far away (nearly 15 km) from their
by the WB. The objection was filed appealing the Bank
current location.
not to approve the MMRDA’s proposed widening of the
road to 45.7 metres, which they claim would displace more They claimed that if they were relocated, their well-
shopkeepers and inhabitants and force them away from established businesses would suffer irreparable losses.
their customer-base. Instead, they asked to be relocated to alternative sites
available near their present location.
They will also be harmed by the project’s resettlement
and rehabilitation (R&R) policy that entitles them to an Those who made requests also complained about the
area of only 225 square feet regardless of the actual area environmental conditions of the resettlement site in
of their current premises. There was a dispute of the Mankhurd and alleged that the location was amongst the
Number of people displaced by the MUTP
Date of estimate Sources of estimates Number of people Number of
families/ households
1995-February GoM housing deptt. 130-155,000 Approx 25,000 – 30,000 families
1996-February 29 World Bank PID 225,000 45,000 residential units
1997-March GoM 25,000 to 30,000 families
(repeated, 2000) MUTP R&R policy
1998-October World Bank Miss. MMRDA Approx 169,700 30,000 families
Aide Memoire
1998-October World Bank Miss. & MMRDA 1,69,700 Approx 32,629 families
Aide Memoire
1999-March 15 World Bank – 80,000 13,000 families
PCD for MURP
2002-May 21 World Bank 77,000 19,000 households
PAD for MUTP
2002-May 21 World Bank 80,000 19,200 households
PAD for MUTP
2004-April World Bank 120,000 23,800 families
Supervision Mission BTO
(Source: Inspection Panel Report, page 71) Table – 5
43 Report on the World Bank inspection panel

most polluted and located near Mumbai’s main municipal had caused significant harm to the resettled people and
dump, from which they feared the spread of diseases. their businesses. The proposed relocation would cause
Several huge open drains pass through this area, which them to lose their current customers and thus their
carry the city’s waste, including blood, excreta and wastes businesses, cause their supporting networks and kin to
from animals butchered at the nearby abattoir as well as disperse, and result in a very significant loss of income.
drainage water, and cause bad smell.
There were no consultations or opportunities to
The Requesters also fear that the drains carry radioactive
participate at any stage of project planning or the R&R
wastewater from the nearby Bhabha Atomic Research
planning and that their attempts to raise their concerns
Centre (BARC) and that the centre might pose other risks
to them. They further argued that chemical factories and and grievances were not successful. The Bank had failed
refineries in the area could cause serious and enduring to address their grievances and to disclose information
health and environmental hazards. to them and that the project-related public information
centres (PICs) were not been working properly. They
Complaints related to the housing and living also expressed concerns regarding Bank supervision.
conditions
The Requesters claimed that the design and construction In response to the objections to the choice of Mankhurd
of the buildings at the proposed resettlement site were of as the relocation site and their preference for an alternative
very bad quality and that they were hazardous and likely to site, management stated that other sites were either not
cause health and social problems. They further claimed suitable or, if available, were allocated to buildings of
that the people to be resettled would not be able to afford higher value use. In management’s view, the Mankhurd
the maintenance charges of the new high-rise buildings. site constituted one of the best options available, mainly
Complaints related to income and living because of its proximity to a railway station.
standard restoration The second response management identified several serious
The report states that the project’s resettlement weaknesses in implementation. Issues that needed urgent
component fails to provide income restoration, which attention and required follow up included, inter alia:
The inspection panel process

If you and at least one other member of your community believe that you are suffering, or may suffer, harm
caused by a World Bank-funded project, that the World Bank may have violated its operational policies or
procedures, and that this violation is causing the harm, you may submit a Request for Inspection (Request) to
the World Bank’s independent Inspection Panel. The World Bank’s policies and procedures are intended to
ensure that the projects and programmes it finances provide social and economic benefits, and avoid harming
people and the environment.
You may submit a Request in any language. A local non-governmental organisation (NGO), or another person
who represents you, can also submit a Request on your behalf. In exceptional circumstances, or if you have no
local representation, a foreign NGO or group may represent you. You may ask for your name to be kept
confidential by the panel.
What Requests are eligible?

In order to submit a Request you need to have already raised your concerns with the World Bank staff. To do
so, contact the World Bank office in your country or the nearest World Bank office. You may also contact the
Inspection Panel to let them know of your communication with the World Bank.
If you are not satisfied by the response from the World Bank, you may immediately submit a Request for
Inspection to:
The Inspection Panel
1818 H Street, NW
Washington, DC 20433, USA
You can submit a Request to the panel even before the World Bank has approved financing for the project or
programme. Requests are not eligible when the loan and/or credit funding the project is closed, or if more than
95 percent of the funding has been disbursed.

What happens to a Request?
When the panel receives a Request, it registers it and sends it to World Bank management for a response. The
panel decides whether to recommend an investigation to the World Bank’s Board of Executive Directors, and the
Board then decides whether to approve the panel’ s recommendation. The panel informs the Requesters of the
Board’s decision. The Request for inspection, the panel’ s eligibility report, World Bank management’s response,
and the content of the board’s decision are released to the public and posted on the panel’s website.
If the board approves an investigation, the panel reviews relevant documents, interviews the World Bank staff,
and normally visits the project site to meet with the people who submitted the Request. The Panel then sends to
the board a written report on its findings.
Within six weeks, the World Bank management must respond and indicate how it plans to address the panel’s
findings. The board makes a decision on the project based on the panel’s report and management’s
recommendations. The panel’s report, management’s recommendations, and the content of the board’s decision
are released to the public and posted on the panel’s website.
How do I prepare a Request?

Write a letter to the Inspection Panel:
• Provide the name and/or a brief description of the project or programme
• Describe the damage and/or harm you have experienced, are experiencing, or may experience
• Describe the failures or omissions you believe the World Bank is responsible for. (If known, list the World
Bank policies or procedures you believe have been violated)
• Indicate when and how you have discussed your concerns with the World Bank staff and why you are not
satisfied with the explanations or promised actions by the Bank staff
• Attach any other information or documents you believe may be relevant to your Request. If you are representing
an affected group, you need to attach proof of representation
Suggested Format for a Request for Inspection
To
Executive Secretary,
The Inspection Panel
1818 H Street, NW, Washington, DC 20433, USA
Fax No. 202-522-0916; or c/o the appropriate World Bank Country Office
1 . We [insert names] live and/or represent others who live in the area known as [insert name of area]. Our
addresses are attached.
2. We have suffered, or are likely to suffer, harm as a result of the World Bank’s failures or omissions in the
[insert name and/ or brief description of the project or programmes] located in [insert location/country] .
3. Describe the damage or harm you are suffering or are likely to suffer from the project or programme.
4. List (if known) the World Bank’s operational polices you believe have not been observed .
5. We have complained to World Bank staff on the following occasions [list dates] by [explain how the complaint
was made]. We have received no response, [or] we have received a response and we are not satisfied that
the explanations and answers solve our problems for the following reasons:
6. We request the Inspection Panel recommend to the World Bank’s Executive Directors that an investigation
of these matters be carried out.
Signatures: ________________ Date: ________________
Contact address, telephone number, fax number, email address and list of attachments.
establishing cooperatives and completing other post- measures for economic rehabilitation described in the
resettlement activities in the housing areas; strengthening resettlement action plan (RAP) were consistent with the
implementation capacity in the MMRDA; improving the provisions of the R&R policy. With regard to the grievance
dialogue and focusing on problem solving with shopkeepers; process, management acknowledged that communication
and strengthening the grievance redress procedures. of the grievance procedures may not have been adequate
With regard to the requesters’ allegations concerning income and that the grievance mechanism itself needs to be
erosion and restoration, management stated that the improved. The Bank rated safeguard management

Protest demonstration by the local inhabitants against the MUTP
performance as unsatisfactory, in part because of the managing resettlement must be developed during preparation
lack of timely handling of grievances. and adequate resources provided to the responsible
institutions. The organisation responsible for resettlement
This report concludes the panel’s investigation into the should be strengthened when entities executing infrastructure
matters alleged in the request for Inspection. The panel’s
or other sector-specific projects lack the experience and outlook
current chairperson, Edith Brown Weiss, led the
needed to design and implement resettlement… There also
investigation. Four expert consultants/ advisers on social may be considerable scope for involving the NGOs in
issues and environmental assessment assisted the panel in
planning, implementation and monitoring resettlement.”
the investigation. The report extensively examines the
merits of the claims presented in the requests. The TISS observations
An impact assessment report of R&R implementation
The investigation panel reviewed relevant project for the MUTP, the report observes the following factors:
documents and other materials from the Requesters, Bank The loss of job by 28.7 percent of additional family
staff, the MMRDA officials, NGOs, and other sources. members, mainly women domestic servants, as a
The panel interviewed the Bank staff in Washington and consequence of increased distance
in the Bank office in New Delhi, visited the project areas Disruption of women’s earning such as small jobs
on three occasions, met with the Requesters and other like selling vegetables or fish, due to the absence of
PAPs throughout the area, and met with local, state, and residential localities at the new sites
An increase in commuting charges, an average monthly
national authorities. The panel also gathered considerable increase of travel costs about Rs 158 per affected
data during its field visits to the project sites with which houshold, and
to evaluate the Requesters claims and conducted extensive An increase in expenses due to maintenance and society
interviews with the PAPs at selected sites. charges
Par 6 of OD 4.30 quotes: “The responsibility for resettlement The TISS also observed that… no systematic rehabilitation
rests with the borrower. The organisational framework for work has been initiated by the SPARC. “Our impression

is that the SPARC (and its allies) are so burdened with make sure that the PAPs were not resettled before the
the ‘entitlement’ and ‘resettlement’ process that they could conditions for appropriate and functioning of the housing
not pay much attention to the ‘rehabilitation component… cooperatives had been a problem throughout the project
since the process of deciding entitlement and resettlement is execution which would require intensive supervision that
a complex and challenging task, the same NGO may not the implementation of the resettlement component of
do justice to simultaneously taking up the necessary the project was consistent with the WB policy.
rehabilitation work. In fact, we consider it relevant to assign
the latter task (in future resettlements) to a different NGO The panel found that this resulted inevitably in inexact
with wide experience in the area.” physical data and in highly conflicting demographic
estimates, with negative consequences for project planning.
The panel observed that the formation of community The methodology used for population counts from the
revolving funds for economic rehabilitation has been early phases of preparation was structurally imprecise
difficult and that the funds not distributed. A major and flawed. The WB staff did not carry out their
problem was that the funds were to be paid to housing professional responsibility: They paid scant attention to
cooperatives but very few cooperatives were already the method of preparing population surveys and were
established yet. The housing societies are institutionalised remiss in exercising quality-control from the preliminaries
mechanisms for empowering people to take charge of of the survey to their reported final results. This confirms
their place of reidence and provide scope for community and explains the types of omissions, miscounting and
participation through elected representatives. As of defective housing inventories and measurements that led
November 2005, the panel found that most cooperatives to, and are described in the complaints received by the
have not been registered. Given the key role of the housing Inspection Panel.
societies, the panel noted that it would be important to (Source: Inspection Panel excerpt report)

Chennai report
Rehabilitation in disarray
Demography City profile

South India’s largest city, Chennai, is the state capital of Chennai city has eight municipal towns, 27 town
Tamil Nadu. As per the union ministry's urban panchayats, 213 village panchayats, and one defence
development NURM note, the population of city is 6.56 (cantonment) area. The Madras Corporation was formed
in the year 1688. The city’s municipalities were created after
the Town Improvement Act, 1865 and the Government
of India Act, 1919 provided for a clear demarcation of
powers for the organisation of local bodies. The Madras
Town Planning Act, 1920 marked the beginning of
comprehensive town planning legislation in the country.
Chennai in recent years has witnessed one of the largest
rehabilitation projects in the country. At each colony 10,000
to 20,000 EWS houses are being built. But due to locations
far-off from the city, these projects are on the brink of
failure. Many low-income families who are economically
well off within the city fear the impending poverty from
loss of livelihoods arising out of the vicious policy of
relocation outside the city. The Tamil Nadu Slum Clearance
Board, which had constructed the rehabilitation sites, is
now in a dilapidated condition. The government has denied
basic facilities such as safe drinking water, electricity, toilets,
garbage collection, sanitation, and proper maintenance of
tenements. The major relocation sites are: Kodungaiyur,
Velachery, Pallikaranai and Okkiyum Thoraipakkam located
far from the city. Thus the policy of the Tamil Nadu
government is to build houses for the informal sector far
away outside the city, which is the reverse of the principal
of housing workers in multi-storeyed tenements in-situ,
where they were living. As part of the new policy package,
the rolling back of the Urban Land Ceiling Act is a real
setback to acquiring excess private lands for re-housing
the urban poor near the city centre.
Growth of informal settlements in
Chennai (1932 – 1981)
million. As per the civil society survey of 2000, the Year Informal settlements Population
homeless population was 40,533. 22 percent of huts are 1932 187
of the individuals. The density is 24,231 persons per square 1956 306
kilometre, which is the second largest density after 1971 1202 7.69 lakhs*
Kolkata, Mumbai and Ahmedabad59 . 1981 1417 13 lakhs*
Table – 6
* see conversion table page number........

Presently, the informal settlements contain one-third of Again in 1994, the city witnessed large-scale evictions,
the city population, located in only six percent of the total though the state government’s official cut-off date was
city area. Census 2001 statistical count shows that families June 30, 1984, many slum settlements were demolished.
living in informal settlements in Chennai Metropolitan area This demolition angered large numbers of unorganised
were 34,6348 with a population of 176,1168. Trends workers. Some slum dwellers along with Pennurimai
indicate that in Chennai city the urban poor inhabitants Lyakkam sought Supreme Court’s intervention. The
have been constantly evicted to far-off locations to favour Supreme Court in its judgment of December 6, 1988 by
the affluent sections of society for commercial interests. quoting the Tamil Nadu Government GOMs No-1488
The unorganised workers’ livelihood and habitat conditions dated November 3, 1988 ordered resettlement within a
have been continuously downgraded making them more reasonable distance from the related place of
and more vulnerable and poor. employment. Tamil Nadu government GOMs No 1488
Mass Rapid Transit System (MRTS)60 dated November 3, 1988, mentions that the slums on
One of the major evictions in Chennai was due to the Mass government land will be evicted only for public purpose
Rapid Transit System (MRTS) project by the ministry of and it will be done with due notice to the dwellers, by
railways. In the 1980s, the urban transportation policy focused providing alternate site with basic amenities and loans
on diverting the burden of traffic from personalised for construction of houses. In spite of the Supreme Court
transport modes to the public transport system and this order and assurance, the Chennai Corporation continued
caused major evictions in the city. Twenty four settlements to evict urban poor inhabitants.
were displaced. The first phase of Chennai’s MRTS was Evictions from the riverbanks
executed covering a distance of 8.45 km and in the second The Tamil Nadu Slum Clearance Board (TNSCB) and
phase an additional distance of 10.3 km. public works department have identified 8164 slum
Displacements in the first phase of families who reside on the banks of major city waterways
the MRTS project like Adiyar, Cooum and B’Canal and in the storm water
drainage systems in the city. The Tamil Nadu government
Year Area No of families
affected is intending to evict these families as they feel that the
communities pose a hindrance to the de-silting operations
1988 Presidency College slum area 144
1990 Sunkuvar Street slum area 136 of the public works department. The TNSCB plans to
1990 Rajiv Gandhi street 84 evict all the 8164 families and dump them at Okkium
1990 Ayodyakuppam 189 Thoraipakkam, Semmencheri, and Perumbakkam, which
1990 Neelambasha Darga 225 are 20 kilometres away from Chennai city.
1990 Nadukuppam 76
1990 Parameswaran Nagar 156
1991 Ganesapuram 412
Evictions and protests
1991 Kalvivar Street 97 Dideer Nagar
1997 Lalathottam 308 1500 families from Dideer Nagar slum were evicted,
1997 Poonthottam 816
Total 2643 families were evicted in the first phase.
most of them had pucca houses close to Marina Beach
Table – 7
Second phase of the MRTS project
Year Area No of families affected
1999 Saradapuram Extension 200
1999 Canal Road 40
1999 Canal Bank 40
1999 Nehru Nagar 75
1999 Illuppai Thoppu 100
1999 NSK Avenue 60
1999 Canal Bank Road I 200
1999 Arangannal Salai 400
2000 Canal Bank Road (2) 200
2000 Angalamman Koil Street 100
2000 Ranganathapuram 400
2000 Avvai Nagar 150
2000 Perunthalaivar Nagar 150
Total 2115 families were evicted in the second phase. After completion of MRTS Phase - I from Beach to Thirumylai in
Evictions during 1994 1997, the Phase - II has been taken up to Velachery at a cost of Rs
Table – 8 716 crores for a total length of 11.2 km
60. Joint venture of State & National Governments in Developing Rail facilites: A Case Study of Chennai in India – T Anantha Rajan, V
Shanmuga Sundaram, S Ponnu Swamy and K Kumar
49 Rehabilitation in disarray
in Chennai. They were relocated 20 kilometres away from Rajakkamangakalam
Dideer Nagar. Those who were living in rented houses In the Rajakkamangakalam in Kanyakumari district,
before the tsunami calamity were not given alternate people were not been given temporary shelter even after
houses for settlement. They continue to live either in the two months of tsunami. However, the administration
dilapidated houses or in the open air in the same slum. did not forget to serve notices on them to give consent
to relocate them to a new place 500 metres away from
The place chosen for their resettlement has no drinking
the coastal area. But 99 percent of the families had firmly
water, transport, electricity, toilet and school facilities. said ‘no’ to the eviction proposal.
Kannagi Nagar and Kargil Nagar Maduravoyal
Marina beach fishing communities were shifted outside Tension gripped Maduravoyal in suburban Chennai as
of the city to Kannagi Nagar and Kargil Nagar. The the revenue officials arrived at Seikmaniyam and Iyappan
non-fishing dalit community from Srinivasapuram was Nagar to evict the residents from land, which they claimed
also sent to Kannagi Nagar near Thuraipakkam which is belonged to the government. The residents of the locality
on the outskirts of Chennai. protested, alleging that no notices had been issued to
them. Ambattur deputy commissioner reached the spot
When the residents of Kannagi Nagar, another seashore for a dialogue. The officials left the place after urging the
slum, protested against the compulsory relocation, the residents to vacate the area.
police brutally lathicharged them. Fifty one persons, Proposed secretriat at Marina Beach dropped
including 15 women, were arrested. The injured were Proposed new secretariat at Marina Beach, Chennai, was
not even given first aid and were straight away lodged in dropped by the Tamil Nadu government. The National
the jail. Most of the evicted families were dailywage earners Human Rights Commission announced this after
and their children have been forced to drop out from intervening in the matter in New Delhi on July 19, 2005.
the schools, as there was no school in the resettlement
area. In Kargil Nagar, a few kilometres down the road, The National Commission for Women held a public
there are around 2142 families. Srinivasapuram families hearing on the problems of Marina Coastal Fisherfolk
who had been rehabilitated at Kannagi Nagar and Kargil and other unorganised workers on May 21, 2003.
Nagar together have about 2700 residents. Though the
The coastal fishing communities have come together to
collector, S Chandramohan, had visited the site and to oppose the conversion of Marina Beach for the
promised the families that they would be relocated from purpose of foreign missions, five star hotels, etc., and
Kannagi Nagar and Kargil Nagar, Srinivasapuram. also to shift the government secretariat to the Marina.
The people in the neighbourhood slum, Srinivasapuram, The proposed plan, if implemented, would render nearly
have been served with eviction notices. But a few of one hundred thousand people displaced.
them have managed to seek the intervention from the Tsunami and the CRZ violations
Madras High Court, which has granted a temporary stay On December 26, 2004 tsunami created a natural process
against eviction. Similarly, their counterparts in Anna of eviction. The coast of Tamil Nadu and Pondicherry
Nagar Kuppam in Royapuram in North Chennai bore unprecedented damages and destruction to lives
succeeded in getting a similar stay from forcible relocation and to the coastal economy and ecology.
10 km away from their traditional habitat. On February
18, 2005 a large number of revenue officials, including
the Chennai district collector, and police officials came
to Srinivasapuram and informed the residents that they
should vacate the area by February 24.
The people of Srinivasapuram, Pattanapakkam and
Kasimedu have been living in temporary shelters after
the tsunami washed away their huts. The Madras High
Court, in February 2005, restrained the state authorities
from forcibly evicting the tsunami-affected residents of
Srinivasapuram. Tsunami had washed away more than
50 people and hundreds of thatched huts in the region.
More than 4000 families were rendered homeless. Demolition site on the banks of Adiyar

The rehabilitation discourse of the Tamil Nadu state A Rs 540 crore project for the development of a port at
government is guided by the coastal Regulation zone Nagapattinam that was pending for a long time was
notification (CRZ). According to the central government immediately sanctioned keeping in view the fact the coastal
notification, there should be no buildings – both residential lands could be grabbed after thousands of people had
and non-residential – within a 1000 metres distance from already been displaced from the sea shores by the tsunami
waves and also through invoking the CRZ notifications
the seashore. But the trends visible in the post-tsunami
and forcible evictions.
scenario are of serious concern, especially for the coastal
communities. There were gross The other mega-project is the
irregularities during the rehabilitation The state has violated the CRZ construction of International
process and the reconstruction was Tourism Convention Centre in
regulations several times, the Mahabalipuram at a cost of Rs 1,400
intentionally delayed in order that the
most glaring being the crores.
coastal communities should
construction of the East Coast
themselves leave the coastal areas.
road to link Chennai with The Tamil Nadu government in the
past has also violated the CRZ
The authorities without informing the Kanyakumari for the benefit of
regulations several times, the most
coastal communities any details took the motorists to reduce the
glaring being the construction of the
signatures from the coastal time of travel
East Coast road to link Chennai with
communities to relocate them
Kanyakumari for the benefit of the
beyond 1000 metres from the shores, so that coastal lands
motorists to reduce the time of travel. These violations
could be allotted to the industries, resorts, hotels and
have worked against the interests of the fisherfolk
other corporate projects. Using the tsunami as a pretext,
community.
the World Bank and the Asian Development Bank (ADB)
are keen to promote modernisation of ports and the In the year 2002, Chief Minister Jayalalithaa made an
fishing industry project. announcement regarding the Tamil Nadu-Malaysian
government joint venture of Rs 1,000 crore, to construct
The private companies, factories, shrimp farms were residential buildings for the multinational companies and
taking over the area much before the tsunami had struck foreign missions. But the project failed due to stiff
along with sand-mining companies which have destroyed resistance from the fisherfolk communities.
the sand dunes along the coast. This was in violation of a
coastal regulations notification released by the central For example, on the Adyar creek (hardly 50 mt away
from Srinivasapuram), a luxury hotel is being built since
government in 1997 stating that the coastal areas from
the CRZ is not applicable to the hotel. The fisherfolk
20 to 500 metres from the high tide line (HTL) belong who have the traditional rights are being evicted.
to the residents of the coastal area.
Needs assessment report
In July 2004, a proposal was sent by the Tamil Nadu A consortium of the World Bank, Asian Development
government to the union ministry for the development of Bank and United Nations made a Needs Assessment Report
mangrove-rich areas of Pichavaram in Cuddalore district for the rehabilitation of the tsunami affected on the basis
at a cost of Rs 375.6 lakhs. This has been sanctioned by the of which an MoU had been signed for providing loan
central government after the tsunami disaster occurred. to the Government of India, of which $1380 lakh was
for Tamil Nadu.
Islands where more than 100 lives were claimed by tsunami
and from where the survivors fled to safer places have been The civil society groups have pointed out that the entire
now been targeted for eco-tourism. report is based on an incorrect assumption that the
Discrimination on caste lines

The dalit communities had to face much discrimination even at places where relief was provided along
with rehabilitation work.
In the relief camps, there were reports on how the members of the fishing community prevented the
distribution of relief materials and demanded that the dalits be shifted to some other camps.
In a number of tsunami-affected areas, the bodies of the dalits killed by the waves had to be removed
only with the help of the sanitary workers brought from far away places as the members of the fishers’
community were not willing to help dispose off these bodies.
51 Rehabilitation in disarray
Coastal yatra
On May 21, 2005 a Coastal yatra (campaign) was organised
from Vedaranyam and ended in Chennai on May 30, 2005.
The yatra was undertaken to focus public-governmental
attention on the need for people oriented and participatory
livelihood restoration, provision of housing organically
linked to livelihoods, to make appraisal of the WB-ADB
and UN Report on Post-tsunami Reconstruction
Programme and to create awareness among the coastal
people on their livelihood rights.
A site of poor inhabitants razed brutally Legal interventions
The Human Rights Law Network (Chennai) took an
traditional fishing sector does not contribute much to initiative to intervene legally, in collaboration with other
the GDP while aquaculture is making a substantial organisations. A PIL was filed in the Madras High Court
contribution. The plans for rehabilitation were drawn up on behalf of North Tamil Nadu Tsunami Relief and
under these assumptions – naturally, the fishing Rehabilitation Committee to stay the forced evictions
communities most affected by the tsunami have gained of fishermen community who were being forced to
little from the rehabilitation plan. leave their homes and move to temporary shelters, even
though their houses were not destroyed by the tsunami
Construct of compound wall 61 and were livable. There was no need for them to be
One of the so-called ambitious projects of the Tamil
moved to the temporary shelters. The court had granted
Nadu government to protect the seashores (not the people
interim relief and given an order for the stay of eviction
living there) from future tsunami attacks is to construct a
of the fishermen.
compound wall for the entire coastal distance of 1000
kilometres from Chennai to Kanyakumari! The central Conclusion
government headed by Dr Manmohan Singh has already The state government is blatantly trying to promote
come out with a draft New Environmental Policy aiming
so-called eco-tourism and allowing the corporate and
to liberalise the CRZs Notifications introduced in 1991.
Tsunami has thus struck the coastal areas in yet another multinational sectors to construct buildings after
manner; it has paved the way for privatisation of coastal forcibly evicting and relocating the people traditionally
areas and commercialisation of coastal zones. living along the seashores in the name of their
protection from future tsunami attacks. In fact, the
Costal community meeting62 CRZ nor ms explicitly state: “Construction/
The civil society organisations and the coastal communities
reconstruction of dwelling units between 200 and 500
held a meeting on February 28, 2005 in Padi, Chennai, to
campaign and advocate on the coastal rights front. metres of the High Tide Line is permitted so long as it
is within the ambit of traditional rights and customary
Major demands uses such as existing in fishing villages”.
1. The coast is the primary entitlement of the coastal
communities and they have usufructual rights to the coastal But, in contravention of this provision, the Tamil Nadu
land for the purposes of their livelihoods and residence. government had issued a letter dated on January 19, 2005
2. The government should take measures to reclaim the addressing the district collectors of 13 coastal districts in
CRZ zone-1 from existing encroachments in the form of Tamil Nadu to compulsorily relocate even those living
hotels, resorts, shrimp industries, mining industries, etc. within a 500 metre distance from the seashore and
3. The community must regain access to fishing nets, takeover the lands from the costal communities.
fishingcraft and other equipment, especially the beach Chennai Slum Dwellers Rights Movement, Pennurimai Iyakkam and HRLN,
based ones, which are essential for their livelihoods. Chennai unit contributed in finalising the Chennai report
61. Shelter Rights in Chennai by Dr K Shanmugavelayutham, paper presentation on behalf of the Chennai Slum Dwellers Rights Movement
62. State level NGO consultation on the Coastal Communities’ Right to the Coast Report of February 28, 2005

Kolkata report
No rehabilitation for the displaced
Demography City profile

Kolkata (formerly known as Calcutta) is the capital city of In early 1911, the city introduced the ‘Improvement Trust
the West Bengal state. Population of Kolkata is 13.21 Act’, after Mumbai. The proliferation of local bodies is
million, according to the Census 2001. The city has the one of the features of Kolkata. The city has two municipal
corporations, 32 municipalities and 37 urban entities. Besides
these, there are: Calcutta-Howrah Improvement Trust,
West Bengal Development Corporation, Joint Water and
Sewage Board, Calcutta Port Authority, West Bengal State
Electricty Board, transport authority, university, State
Housing Board, Indian Railways and numerous micro and
meso-level agencies having their own sphere of activity in
the same geographical entity with very little coordination.
Geographically, Kolkata is bound on its north, northeast,
east, and partly south by a network of canals, natural as
well as artificial, that once formed part of a unique inland
navigation network. The city’s sewage system was based
on the use of this natural drainage basin and the waters of
the Hoogly river were brought in through these canals to
flush the wastewater into inland fisheries, which naturally
treated it. This natural drainage system has been disrupted
due to a variety of reasons not the least being the so-called
planned urban development of these water bodies leading
to all kinds of problems. One upshot of this has been the
collapse of the navigation system due to the silting of the
canals and the development of slums along their banks.
During the 1960s, the poor working class community
started settling beside the canal banks under the most
unhygienic and hazardous conditions. At present, the largest
concentrations of informal settlements in Kolkata are
residing along these canals. The northern stretch of the
Beliaghata-Circular Canal is the most densely occupied.
Evolution of housing movement
Apart from various national movements, the state also
played a vital role in giving birth to the national campaign
highest density per square kilometre. The area of the city for housing rights in the 1980s. In 1977, one of Kolkata’s
covers 185 square kilometres. West Bengal is also the most pioneering housing rights campaigners, Jai Sen, had set
densely populated state in the country63 . up an organisation called ‘Unnayan’ – meaning
53
‘development’. The organisation documented and city. Ever since the multilateral institution funded projects
researched people’s living and working conditions, started investing in heavy infrastructure through state
published reports and undertook public campaigns. agencies, the local inhabitants have been largely affected
and housing rights abuse has become a regular component
After a wave of brutal citywide evictions in May-June
of arbitrary state practice.
1983, Jai Sen, pointed out: “dehousing is as real and
constant a social process as housing , and the two are On September 22, 2001 an inquiry was held by the
interlinked. What is happening is no accident: the “People’s Commission on Eviction and Displacement”.
‘dehousing’ of poorer people – the seizure of their homes During the inquiry meeting, one of the evictees had
and their domestic security – is in directly questioned: “Why the brunt of development was
borne by the urban poor only
itself a process of relentless
when the benefits of such
impoverishment. The word in
development don’t reach them?”
Bengali that is most commonly used
by ordinary people in Kolkata for Operation sunshine
‘housing’ is – bashosthan, meaning ‘Operation sunshine’ was executed
‘a place to settle, to live’, as distinct in 1996 to evict hawkers from the
footpaths in Kolkata city. The first
from abashan, which is the term of operation of eviction was in
planners and builders meaning mere December 1996 in which 1834
buildings or ‘housing’ projects64 .” stalls were demolished and later
between 3500 and 4000 stalls. In
Eviction scenario
the year 2000, a similar operation
In the last couple of years, Kolkata
of eviction was followed at
witnessed one of the most brutal Gariahat, Kalighat and Lake
forced evictions by the local and Market.
state authorities on the one hand,
and demonstrations of tough Tolly’s Nala
public resistance from the poor Tolly’s Nala evictions were one of
working class community on the the brutal evictions in the city in
other. Though the 'propeople' Left Poor rickshaw puller of Kolkata which 1150 families were evicted
Front government has been ruling the state for almost and 20,000 people were displaced. On September 22, 2001,
three decades, it has been instrumental in perpetrating the ADB-sponsored project, was twofold: Dredging the
one of the worst housing rights abuses and has failed to canal under Ganga Action Plan Phase-II, and extending
provide adequate housing within the legal framework. the Metro Railway from Tollygunge to Garia in the south.
These projects were financed by the ADB to improve the
A sizeable population of the city is living in the slums, on drainage/sewerage of the canals, undertaken by the Kolkata
pavements, beside railway tracks, under bridges and along Municipal Corporation. Ucchhed Birodhi Jukta Mancha,
side canals. Habitable land has not yet been made available Kolkata — a forum of organisations — had built a strong
to these working class people at an affordable price within resistance in the city, by demanding rehabilitation, and setting
the legal framework. The inquiry team found one of the up of community kitchen at Garia.
highest displacements from the Kolkata metropolitan
region. Though these poor working class inhabitants had Inquiry into Tolly’s Nala evictions
ration cards and names in the voters’ lists. These sections People’s Commission on Eviction and Dispalcement was
constitute a stable vote bank of the political parties and held on September 22, 2002. The inquiry was held by Justice
yet they are under the threat of multiple forced evictions. R Sachar (retired) and Justice Moloy Sengupta (retired). Going
There are at present, second and third generation of local through the dispositions of all the displaced and evicted
inhabitants who face a constant threat of forced evictions. persons, the ‘People’s Commission in Eviction and
Evictions by the local and state authorities have been Displacement’ concluded, “The system is not only colonial;
conducted with most ad-hoc and inhuman manner in the the judicial system is downright pathetic. To say that it is designed
64. Jai Sen, Foundations of our lives, (http://newint.org/issue276/lives.htm)

for the rich is an understatement. The poor in this country have families. Furthermore, because of their oppressed social
not the slightest chance of even approaching a court of justice, status, the families have been labeled illegal occupants of
let alone pursue a case”. their homes, despite living in this area for decades. This
indicates that the families will be evicted and not resettled
December ten carnage 65 or given compensation for the eviction.
On December 10, 2002, when the world was observing
International Human Rights Day, the West Bengal On March 2, 2005, the West Bengal government had
government was brutally evicting some 4000 families. called-off the eviction drive to remove about 20,000
The civil society organisations remember Beliaghata encroachers from the railway land in the Lake Gardens
eviction as ‘December ten carnage’. This incidence is area of Kolkata due to stiff opposition by the Trinamool
marked as a monumental mistake against the poor citizens Congress party workers. The drive was being carried
by the West Bengal government. Till date, none of the out in accordance with a Calcutta High Court order. The
government decided to call-off the operation as the slum
4000 families have been provided any alternative
dwellers put up a strong resistance. Women and children
accommodation. In early Eighties, the same government
were in the forefront of the protest. Ms Mamata
had provided alternative site to these inhabitants. The
Banerjee, Trinamool Congress leader, warned the West
dispossessed residents had names in the electoral roles
Bengal government that without any alternative
and ration cards as proof of residence.
rehabilitation the slum dwellers must not be displaced.
Bellilious Park evictions66 West Bengal Corridor Development Project
On February 2, 2003, seven thousand scavengers’ The West Bengal Corridor Development Project is aimed
community was brutally evicted from Bellilious Park, 129 at constructing national and state highways that would
Bellilious Road, Howrah. They have been denied any link the state with other eastern Indian states as well as
compensation or provided rehabilitation. The Asian with neighbouring entries like Bangladesh, Bhutan and
Human Rights Commission had issued an appeal on Nepal. The impact of displacement will be: 1300
December 18, 2003 regarding the death by starvation residential structures razed; 10,000 roadside shops
of a 3-year-old eviction victim, EM Shiva, who was one affected. Over 5000 community structures affected and
of the seven thousand ‘untouchables’, forcibly and illegally
evicted from Belilious Park.
During February 9-11, 2005, the AHRC team members
along with the staff from the MASUM and Mr Kirity
Roy, a human rights activist, met several state governmental
officials and international agencies to discuss the matter.
But there has been no rehabilitation and compensation
programmes planned for evictees so far. The victims are
living in very poor conditions and a number of people
are known to have died from illnesses brought about by
the appalling living conditions and starvation.
Threat of evictions67
Several thousand families in the South 24-Paraganas
district in West Bengal are threatened by forced evictions.
A 21-kilometre road expansion project has been planned
along the Budge-Budge Trunk Road. An estimated
20,000-30,000 families currently reside along this stretch
of road and will be rendered homeless by the expansion
project. No prior legal notice has been given to these Elderly homelsss person at Beliaghata Bridge
65. Beliaghata Eviction on Human Rights Day, Strategies to Combat Forced Evictions, Kolkata Workshop Report, Combat Law
Publications, 2004
66. Memorandum on Bellilious Park, Strategies to Combat Forced Evictions, Combat Law, 2004
67. India: New Eviction case in the name of road expansion, West Bengal (http://foodjustice.net/ha/mainfile.pha/ha/mainfile.pha/
ha2005/37/)
55 No rehabilitation for the displaced

37 hectares of agricultural land will be taken over by the The housing rights groups from all over the country as
project. The ADB has approved a loan of US $210 well as representative from the Centre on Housing Rights
million. However, the state has no plans to rehabilitate and Evictions (COHRE) attended the meeting. The
those who would be displaced by the project68. workshop not only proved to be a platform for
Forced evictions exchanging notes on strategies adopted in different part
· On March 8, 2004 hawkers were evicted near of the nation, but also enabled consultations to coordinate
Howarah subway station and build a national level campaign on the housing issues.
On July 13, 2004 eviction was carried to
Conclusion
renovate the Gariahat market
It is sad to observe that the 'pro-people' Left Front ruled
On August 28, 2004 hutments were removed
West Bengal is the only state in India, which has adopted
on the Eastern Metropolitan bypass in Kolkata.
a policy of no alternative land or accommodation to
More then 3000 persons were displaced
those who are displaced from the slums in the city. Whereas
In the month of May 2004, evictions were
carried out on the Eastern Railways between in other states like, Madhya Pradesh, Uttar Pradesh,
Ballygunge and Tollygunge stations, on the Rajasthan, Delhi, Tamil Nadu and Andhra Pradesh,
Sealdah south section. Kolkata High Court had evictees are provided alternative rehabilitation sites. The
ordered the eviction. The West Bengal civil society organisations have expressed deep concerns
government had provided logistical support to about the state of affair and have several times sincerely
the railway authorities during the time of eviction appealed for an urgent intervention in this matter and to
In March 8, 2004, Golabari police evicted stop this criminal act of making children, women elderly
hawkers from the Howrah subway station and physically incapacitated persons homeless. For last
On December 2004, from the Salt Lake, several years, Bellilious Park scavengers’ community has
Bidhannagar Municipality had evicted some
appealed to the various national and international agencies
pavement dwellers
but the state government has not even heeded to their
Housing rights workshop69 single demand. The West Bengal state government must
Keeping in mind the gravity of the housing crisis and
impending evictions in the city, the HRLN, Kolkata unit come out with stated official policy on rehabilitation as
in collaboration with the housing rights organisations held practiced in other states of the country.
a three-day national housing rights workshop on Jan Sanhit Kendra, Ucchhed Birodhi Jukta Moncha and Human Rights
November 1-3, 2003 at Nitika Don Basco. Law Network (Kolkata) contributed in finalising the Kolkata report
68. West Bengal’s Road Network: An Assessment (http://www.ciionline.orgastern/regionalfocus/1833/images/wb_road.pdf)

69. Strategies to Combat Forced Evictions, Kolkata Workshop Report – Combat Law, 2004

Hyderabad report
Struggle of Mussi river inhabitants
Demography area in the Master Plan. The German geographer,

Hyderabad is the capital city of Andhra Pradesh state. Christaller, had planned the future development of the
Population of Hyderabad is plus 5.3 million as per Census city with a vision when the HUDA was set up. The growth
2001. The area of the city is 203.07 square kilometres. of the city was controlled by various measures, including
The decadal growth rate is about 9.661 percent. Andhra the planning of ring roads around the city (20 km from
the city-centre). In addition the state was supposed to follow
a rational policy for equitable planned settlements. The
Andhra Pradesh Urban Area Development Act came into
force in 1975. The first Town Plan of the city was framed
in the year 1976. According to the Act, the HUDA executed
the formulation of the Town Plan and its implementation.
According to the HUDA, the slum population was
around 15 percent in 1975. During 1975-76, the HUDA
was influenced by progressive policies. It had planned
for an integrated policy to accommodate economically
weaker sections (EWSs) by providing optimum utilisation
of land within the stipulated planning area. In 1977, state
Chief Minister Vengal Rao and Labour Minister Anjaiah,
distributed pattas and housing loans to the weaker sections
at an affordable interest rate of four percent. The MCH
and HUDA took initiatives in this regard and upgraded
some slums in the city. Later in early 1980s, the HUDA’s
research wing was closed. This paved the way for the
manipulation and violation of building norms and land
use specifications provided in the Hyderabad Master Plan.
After the commencement of the first town plan period,
the HUDA started formulating the second draft of the
Master Plan for 2011. For this, a conference was organised
in 1994. As per AP Urban Area Development Act, 1975 a
detailed discussion had to be held in public about the
Pradesh has shown the sharpest decline in the decadal
proposed land use pattern. But the HUDA was hesitant to
growth rate among all Indian states, a decline from 24.20
display maps of the draft plan in parts of the city. The
to 13.86 percent between 1991 and 200170 .
local struggle organisations including the Campaign for
City profile Housing And Tenurial Rights (CHATRI) accused the
Hyderabad Urban Development Authroity (HUDA) was HUDA of selling off major parts of prime residential
set up in 1975. It is a regulatory agency for development land to various business interest groups. This organisation
functions. The Municipal Corporation of Hyderabad has vehemently opposed selling of the EWS land to real
(MCH) has notified 170.86 square kilometres as planning estate brokers. One of the major challenges before civil
57
rights organisations in the city is to reinstate the HUDA in Displacement from Mussi Riverbanks
its proper role as a planning organisation, which can facilitate The river development project in Hyderabad under the
a solution to the housing crisis in the city. name of Save Mussi Campaign is being used by the AP
government to displace 12,000 households from the banks
August 2000 floods of the 18 km long Mussi River, which divides the city.
Hyderabad is notorious for the worst violations of the
building norms. The HUDA and MCH had supported this On August 9, 2005, two hundred families living under
illegal practice resulting in the August 2000 floods. During Shivaji Bridge were forcefully evicted. Though 60 families
had received a stay order from the court. This is an ADB
this man-made disaster, there were 21 deaths, more than
project with a budget of Rs 900 crore. The work has
7500 houses washed away, 3000 houses partially damaged already begun and will be completed in 30 months. There
and more than 80,000 people rendered homeless. Eighty- are around 27 such settlements residing on the 11 km
eight localities of sixteen mandals in Hyderabad and stretch from the Tipu Khan Bridge to the Chaderghat
Rangareddy districts were affected. The CHATRI and other Bridge since which have been there since the 1950s.
associated civil rights organisations had forewarned the
During the 1970s and 1980s government had provided
administration of the dangers of this kind of haphazard
houses in different schemes. Many of them have patta
infrastructure development well in advance. This was nothing
and even registration title deeds. Many of the working
but planned inundation to displace the urban poor out of
poor inhabitants have built four pacca houses with their
the city. The August 2000 floods were a monumental man- own hard earned savings. The government has also spent
made disaster that aggravated the housing shortage for the crores of rupees in providing water, electricity, drainage,
poor in city71 . On the other hand, the state authorities blamed roads, community halls and other facilities.
the slum dwellers saying that they were the root cause of the
flood situation in the city. In reality, the twin cities had hundreds On the Mussi riverbank, there are farmers in 40 villages
of lakes, but now only 170 are left. Most of them are at cultivating on 50,000 acres of land who would also be
various stages of encroachment through public constructions. affected by the project. Similarly, in 1997 under the name
When the civil society organisations surveyed the localities of Nandanavanam Project, the administration had
threatened to dislocate thousands of poor families residing
they discovered that due to haphazard infrastructure
along the riverbanks.
development, all water outlets had been blocked. The
recent eviction saw a planned inundation by the local Evictions in 2003
administration creating flood situations so that the 1) Lakadi ka Pul: On January 9, 2003 450 families were
inhabitants of the slums could be evicted. evicted from Lakadi ka Pul near Nirankar Nagar. The
Landmark Judgment in favour of the poor

The judiciary has not been favourable to the urban poor on housing rights issues over the past few years. However, a
landmark judgment by Justice K Ramaswamy of Hyderabad High Court has strengthened the campaign for the housing
rights. In 1985, residents of Indramma Nagaram at Rasalpura were issued notice of eviction. Here around 8,000
households were to be displaced. The AP state government was planning an international airport there. A Unani
doctor, Ahmed Pasha, filed a case against the eviction orders. The poor working class communities had been residing
there since 1976. After three years of housing rights struggle, in 1988 the Indramma Nagaram Slum Dwellers Welfare
Association obtained a stay order from the Hyderabad High Court.
Indramma Nagaram Slum Dwellers Welfare Association72
Versus
State of Andhra Pradesh
Order passed by the Honourable High Court Judge Justice K Ramaswamy
The Court passed an order in favour of the Indramma Nagaram residential colony. The summary report of justice K
Ramaswamy states…
So long as the land is not required for any compelling public purpose, then allowing the hutments to remain in the
government land, which is a right of residence provided under Art 19 (I) of the Constitution of India, the petitioners shall
not be dispossessed. If however, the land is required for any other higher purpose, then the authorities have to take
action as required under law after giving notice to each of the occupants, consider their objections and then pass
appropriate orders as per law. The writ petition is accordingly ordered.
71. Dr Anthoniraj Thumma, In Deep Waters…CHATRI publications, Dec 2000

72. WP17777/85, Andhra Pradesh High Court

eviction was carried out under the metro railway project have been relocated at Guddi Malka Pur rehabilitation site.
for Lakadi ka Pul station extension. Though there was Evictions in 2004:
enough space left after the building the station the place 1) Batkama Kunta: Houses of six hundred families were
has been used for a park. demolished at Batkama Kunta on February 1, 2004
2) Lakdi Depot: 170 families were evicted from Lakdi located on the Shivam road in the Ambar Peth area. The
Municipal Corporation of Hyderabad acquired a total
Depot located opposite Gandhi Bhavan. Under the TDP
of 68 acres land for its employees.
rule, this land was allotted to set up the BJP head office
even though people had been staying there for last seventy 2) Gandhi Nagar: On May 19, 2004, 92 houses were
years. The eviction took place in April 2003. The families demolished in Gandhi Nagar, but due to intervention
have been rehabilitated at Nandanavnam relocation site. of the CHATRI the families again rebuilt their houses on
the same locality.
3) Pitala Basti: From behind the secretariat office at
Pitala Basti, 230 families were evicted. The land has been 3) Chandraya: Huts of 56 families were demolished on
acquired to construct a helipad for the chief minister as it May 28, 2004 in Chandraya. The families have been
is close to the secretariat office. Out of 230 families, only rehabilitated at Kharman Ghat.
160 families were given rehabilitation at Kharman Ghat. 4) Four villages evicted: Villages of China Gola Pali,
The evictions took place on October 6, 2003. Ananth Reddy Gudda, Mamdi Pali, and Galwa Guda
4) Charasta Basti: Thirty families were evicted on February were evicted for constructing the international airport.
Out of 550 families, 370 families received compensation
21, 2003 at Charasta basti located near Musram Bagh area
ranging from Rs 60,000 to Rs 10,000. The evictions took
and the families have been relocated at Kharmanghat.
place on August 4, 2004.
5) Anna Nagar Basti: Thirty-five families were evicted
from Anna Nagar Basti at Ashok Nagar. Private builders 5) Suraram Bajpali: At Suraram Bajpali, Satyam Computers
had bribed the councillors and the local MLAs. company had evicted 300 families. The Sarpanch of the
village had sold the land through fake documents despite
6) Petla Bridge: At Petla Bridge seventy families were the fact that the land belonged to the government. The eviction
evicted on October 2, 2003. This site is adjacent to the took place on November 27, 2004.
Mussi River.
6) Gabi Lal Peth Basti: 1600 huts were evicted at Gabi
7) Bapu Ghat: At Bapu Ghat near Laxmi Nagar, 26 Lal Peth Basti located at Shamir Peth Mandal on December
houses were demolished for making a garden. The 22, 2004. The political parties like the Congess, TDP, BJP,
eviction took place on December 22, 2003. The families CPM and TRS had made their base by providing huts to
have been rehabilitated at Guddi Malkapur site. the slum dwellers. This government land is 6300 acres in
8) Malkaj Giri: At Malkaj Giri, 124 families were area and in total there are around 6000 huts.
forcefully evicted, but due to CHATRI’s intervention the 7) Elama Banda: At Kukat Palli, around 75 families
families have been relocated at the same site. were evicted on November 28, 2004. These were Harijan
9) Bapu Ghat: At Bapu Ghat, 21 families were evicted families and the government had given them patta. Initially
on December 2, 2003 for making a garden. The families the government had promised to build houses for them
City’s homeless
In Hyderabad, there are a large number of homeless persons living on the streets. Usha Rani from
SANNIHITA, is working among street dwellers and sex workers in the city. Usha said that most of them
are beggars, but there are also a large numbers of workers sleeping on the road dividers. Along the
roadside many people sleep in jam-packed pavements. These homeless persons are often mobile. The
possessions of the street dwellers are one sack in which their bedding and small hand baggage is kept
and a water bottle. Thieves often attack them in the night. Due to this reason street dwellers prefer to
sleep under streetlights. During the night to find a safe area they run from one place to another. Only after
1 am at night do they manage to settle at one place to take a nap for a few hours. Sometimes due to
police harassment the whole night is spent in running around from one place to another within the city.
Usha narrated an incident of March 24, 2000, when former US President Bill Clinton had visited Hyderabad
city for the first time. The local city administration forcefully packed hundreds of street dwellers out of the
city promising to provide them permanent houses. They were loaded in large trucks and dumped a
hundred kilometres away from the city. It took several days for them to walk back into the city. There are
around a hundred thousand people living on the streets in Hyderabad.
59 Struggle of Mussi river inhabitants

at the rehabilitation site but when it reneged on this the evicted were those from Shivaji Bridge, Domal Guda and
families made their huts themselves at the demolition site. Numas Maidan, which is 12 km away from this site. This
8) Chilka Nagar Basti: At Uppal area, Chilka Nagar Basti, project was started in 1998 by the TDP government.
30 families were evicted on November 10, 2004. This was 4) Jillal Guda: 230 houses have been constructed there.
300 square yards of land and adjacent to it there was a
private compound wall. The CHATRI had to intervene 5) Bora Banda: 25,000 houses have been constructed
when it saw that a private boundary had been constructed. there, a place 14 kilometres away from the city and situated
in Ranga Reddy district.
9) Karvan Basti: On December 21, 2004, 700 huts at
old Hyderabad, Karvan Basti were evicted. Though it 6) Kukat Palli: This rehabilitation site is 18 kilomtres
was a government land, the eviction was done on the away from the city. The rehabilitation site has a one-plus-
pretext that it was being occupied by private landowners. one multi-storied building. Each unit is 22 square yards,
13 feet by 22 feet including kitchen and lat-bath. Around
Evictions in 2005 600-800 buildings have been built at the site.
1) Singarani colony basti: On February 9, 2005 the
Singarani colony basti was burned down. This was a 22- 8) Chandran Kutty Gous Nagar: This rehabilitation site
acre piece of land and a total of 5000 families were is 15 kilometres outside the city. The site is built on untenable
residing there. The government is constructing houses wasteland. The inhabitants are artisans who had migrated
for about 300 families. in early 1980s from Mehboob Nagar district. In this site,
the artisans are residing in one-room apartments of merely
2) Musram Bagh: In February 2005, 68 families were
200 square feet that cost them Rs 30000 each.
forcefully evicted from Harijan basti at Musram Bagh.
The families have been involuntarily displaced to 9) Elama Banda relocation site is near Jagat Giri Gupta.
Kharman Ghat. This is one of the largest relocation sites, 17 kilometres
from the city.
3) Shivaji Bridge: For the Mussi River development
plan on August 9, 2005, 200 families, residing under the 10) Bandla Guda is on the Mahadipatna road. This site
Shivaji Bridge, in the area which is known as Shivaji Nagar, has 600 houses of families who were evicted from Shivaji
were forcefully evicted. Though 60 families had received Nagar, Harijan Basti and Wadar Basti.
a stay order from the court. The families have been
Conclusion
rehabilitated at Kharmanghat.
Hyderabad, which had hundreds of lakes is left with just
Relocation sites in Hyderabad 170 lakes. It is the administration and private builders who
The Andhra Pradesh government has introduced several have encroached upon the water bodies all across the city
relocation sites some of which are very far from the city. resulting in the August 2000 floods. The next development
disaster is the Mussi River Development Project that will
1) Kharman Ghat/ Nandana Vanam Colony has displace 12,000 families. The local authorities in the city have
10034 houses near LB Nagar. The families were evicted evicted numerous families on the pretext of beautification
from Chatra Ghat Darwaja, Chandan Ghat Darwaja, or development of the city’s infrastructure. The hi-tech city
Kamala Nagar and Musa Nagar. This project was started has a sizeable homeless population, most of them belonging
in 2001 by the TDP government. The site is located at to the working class. Hyderabad city has earned the kudos
Ranga Reddy district, 18 kilometres away from the city. of international financial institutions and multinational
corporations for being an efficient facilitator of hi-tech
2) NTR Nagar: 5500 housing units have been built.
development, this outward sheen has an inner ugly face which
The site is located near Ellam Banda village and the project
is totally anti-people and insensitive to the problems of
started in the year 2000.
habitation being faced by the urban poor.
3) Guddy Malkapur is located behind Tolichoki. Around Campaign for Housing And Tenurial Rights (CHATRI) and
1500 houses have been built there. Families who had been SANNIHITA contributed in finalising the Hyderabad report

Visakhapatnam report
Costal regulation zone violations
V
isakhapatnam (also known as Vizag) is a fast years, didn’t allow the fisher folk community to construct
developing port city and the second largest city pucca houses on the pretext that it would violate the CRZ
in the state of Andhra Pradesh. The city has notification. The government, as it is the beach area, also
several State owned heavy industries. It has the only natural issued the CRZ notification, which is prone to cyclones.
harbour on the eastern coast of India. The population The proposed road from Visakhapatnam to
of Visakhapatnam metropolitan region is 1.06 million Bheemunipatnam, known as “Swarnandhra Sagaa
and decadal growth is 40.95 percent, according to Theeram” road is taken up within the 200-metre range,
Visakhapatnam Urban Development Authority (VUDA) on no development zone. The VUDA has already
(2001). The Visakhapatnam metro region covers 1721 completed more than 2 km road violating the CRZ
sq km, which includes five urban centres namely notification without any permission from the ministry.
The road passes through the survey number 121, 122,
123, 146, 147 and 150 of Chinadadili village. In the village,
Andhra Pradesh Coastal Zonal Management Authority
demarcates the CRZ-I areas. Further, the revenue map
of Endada village clearly shows that there are sand dunes
in the survey numbers 145, 114 and 113 and 106. And
now R&B department is making efforts to construct road
in another 3 km stretch violating the CRA notification.
The existing road alignment from Visakhapatnam to
Bheemunipatnam would affect, nearly 17 fisherfolk villages.
These communities are going to loose their shore area for
boats, landing, fish drying, net keeping and in turn loose
their livelihood. The fisherfolk community had approached
the High Court, which sanctioned stay on the construction
Visakhapatnam, Vizianagaram, Ankapalli, of fourlane road. But recently the road and building
Bheemunipatnam and Gajuwaka and also a large rural (R&B) department started the construction work.
area with 287 villages 73 . Vizag to Bheemunipatnam area is 27.2 km stretch road
MVP Colony
Costal Regulatory Zone violations
Chinagadila
Visakhapatnam Urban Development Authority (VUDA)
Endada Village
is constructing the four-lane 200-metre roadwork, which
Jodugullapalem
is a direct violation of Coastal Regulation Zone of 1991.
Gudlavanipalem
The AP Government had approved Coastal Zone
Rushikonda
Management Plan and VUDA Master Plan in 1989. As
Kapulauppada
per the CZR notification of 1991, no permanent
Thimmapuram
construction should be allowed in the CZR area.
Mangamaripeta
The state High Court has also directed the government Chepalaukppada
agencies not to allow any type of construction in the area Nerallavalasa
earmarked by the Master Plan. The government, since many Bheemunipatnam
73. http://vuda.nic.in/masterplan.htm
61
After exposed to recent disastrous tsunami, all the
concerned government and non-government people have
been expressing that the CRZ notification should be
implemented strictly. The Fishermen’s Youth Welfare
Association has appealed to strictly implement the CRZ
notification without any deviation.
Illegal constructions
D Ramanaidu studio construction is on at Madhuravada
village. Filmmaker Ramanaidu was allotted 40 acres in
survey number 336 in 2003 by the then Telugu Desam
government at the rate of Rs 40,000 per acre. The entire
survey - 336 extending to 80 acre, in which the site was
allotted to Ramanaidu, falls under CRZ-I. Jalari Petha,
fishermen colony near coast of the sea where there are
3000 fishermen living.
Mr. M Venkateswarulu and Laxmi are housing rights
Vizag to Bheemunipatnam area map
activists who regularly seek legal interventions in courts
and mobilise community to demand for their rights.
Venkateswarula has formed the Slum Dwellers Welfare 5) Rajeev Nagar, Chakali Gadha Dayanad Nagar,
Union, working in more than twenty-five slum Kancharatapalam
settlements in Visakhapatnam city. 6) Karasa Basti area near Naval Armed Department
In Visakhapatnam, Slum Dwellers Welfare Union has 7) Gowri Nagar area (NAD)
made many legal interventions and obtained stay orders 8) Ekalavaya Colony near Roads and Buildings office
from the court preventing forced evictions. But the 9) Chitti Babu Colony
administration had ignored the court orders in many cases 10) Shrama Shakti Nagar
and executed arbitrary evictions. 11) Shiv Shankar Colony (Dhobi Colony)
150 families of dhobi community were evicted in June
Evictions in Visakhapatnam city 2005
1) Sabastian colony area Nanapuram on Oct 12, 2002 12) Vasudeva Nagar
90 houses were demolished 12) Venkateshwar Nagar between Akya Palam and
2) Bharat Nagar behind the Nanal Science and Technical Tatichakla Palam of NH-5 road (Chennai-Kolkatta
Ltd (NSTL) 40 families of SC and OBC communities highway)
were residing since 35 years. These inhabitants were 13) Indira Nagar Colony
eviction on January 18, 2003. Around 24 persons were 14) Endada Colony
arrested on Feb. 24, 2003 Rehabilitation site
3) Vinayak Nagar is a 30-year old colony located at Hill Similar to other major cities, Visakhapatnam is on the
Area near Ram Nagar. 150 families of SC/ST and OBC same lines constructing the EWS housing units at
and minorities were staying there Madhurwada, which is 20 kilometres away, at Sudd-
4) Sidharth Nagar, 350 families staying since 1980s. Land Ibbalu area. This is a remote area of forestland where
was acquired under the Urban Land ceiling Act, a false 50,000 houses have been planned to dump the working
housing society was made to evict Sidharth nagar inhabitants urban poor at this so-called rehabilitation centre.
Protest demonstration by Slum Dwellers Welfare Union against forced evictions at Sabastian colony area
M Venkateswarulu and Laxmi from Slum Dwellers Welfare Union,

contributed in finalising the Visakhapatnam report

Ahmedabad report
Grabbing the riverside land
Demography Decadal growth rate is 22.18 percent. The population

Ahmedabad city is the seventh ranking metropolis in the has grown from 1.8 million in 1901 to 3.5 million in
country. The population of city is plus 4.51 million. 2001. The city covers an area of 47,156 acres.
Approximately there are 176,000 slum households in the
city. The average density of the city in 2001 was 18,420
persons per square kilometre74 .
City profile
Ahmedabad is a business centre and forty percent of the
inhabitants are poor. In recent times the increasing spectre
of communal violence has led to a sharp polarisation of
the Hindus and Muslims. The Sabarmati river has divided
the city into the newly developed western and the older
eastern city. In recent times the city has expanded on the
western side and the poor are concentrated more there.
The city’s slums began mushrooming after the growth
of textile industries. Most of these established slums are
located in the industrial zones in the eastern parts.
During the 1950s and 1960s there were large-scale
evictions by the Ahmedabad Municipal Corporation but
in the early 1970s the strategy was altered focusing on
improving the health and environment of slums. Most
slums have no toilets and even lack electricity. Eighty four
percent use drinking water from community standpipes
generally each catering to 20 to 25 households. Slums
without tenure rights are denied necessary services.
Since 1950s, urban growth largely took place in the eastern part of the city and, particularly, the
western urban peripheries. The occupation of marginal areas is the only available housing option for
economically weaker urban groups.
Eastern Ahmedabad has about 44 percent of the total housing units in the Ahmedabad Municipal
Corporation (AMC) region, with 54.8 percent of the total dwelling units in the category of chawls and
slums. It accounts for 75 percent of the chawl units and 47 percent of the slum units in the city.
The percentage of Ahmedabad housing categorised as slums increased from 17.2 percent in 1961 to
22.8 percent in 1971 and 25.6 percent in 1991. It is estimated that 17.1 percent of Ahmedabad’s
population lived in slums in 1971. This rose to an estimated 21.4 percent in 1982. The last estimate,
based on a population census for the year 1991, indicates that 40 percent of households lived in
slums and chawls.75
75. UN-Habitat (2003), The Challenge of Slums, Earthscan, London; Part IV; 'Summary of City Case Studies', pp 195-228
63
In Ahmedabad city, the first Integrated Urban programme, Sabarmati Riverfront Development Project,
Development Project (IUDP) was initiated after the flood has already started. The aim of the project is to grab the
of 1973. This project affected nearly 300 families living urban space presently being used by the poor inhabitants
on the banks of the Sabarmati. The plan was to develop for commercial use. Some forty thousand families are
a low cost housing colony on a plot of 43 acres. The likely to be displaced, of whom 80 percent are Muslims
project failed because the relocation area was situated far and the rest are members of other backward classes
away from the core area of the city. In 1984 a new slum (OBCs) and scheduled castes (dalits).
upgradation programme was initated under the urban This project was conceived way back in the 1960s by
development programme of the World Bank. However, Bernard Cohen and during the 1970s and 1980s the
the programme failed due to the weak financial position Ahmedabad Municipal Corporation had attempted to
of the Ahmedabad Municipal Corporation. As a result, revive it but, it was dropped due to a series of protests
the programme was abandoned in 1992. In 1990, the from civil society organisations. Now, Mr Bimal Patel of
department of International Development, DFID, UK the Environmental Planning Collaborative (EPC) has once
started a project to cover nearly 400000 people living in again taken keen interest in reviving the riverfront project
183 slum locations. for commercial purposes.
In 2004, the Gujarat government had apprised a top-level In previous instances, the EPC had notoriously designed
World Bank team led by its country director Michael Carter similar projects (like Nandanvan Project) on Hyderabad’s
about the state’s desire for a comprehensive slum upgradation Mussi river, where over 2000 poor households were
plan for the city. The World Bank team visited several slum relocated at a far-off place. The issue of resettlement is
areas of Ahmedabad, the state and WB are working out a still plagued with controversies against the interests of
policy to transfer the land titles to private owners and remove the local inhabitants.
the slum dwellers from their original place.
The Sabarmati River Front Development Corporation
Sabarmati Riverfront Development Project Ltd (SRFDCL) was registered on May 28, 1997. The
The slum dwellers in Ahmedabad are facing huge main objective of the SRFDCL is to undertake business
evictions. At the banks of Sabarmati, the beautification promotions for building commercial complexes, markets,
Forced evictions in Ahmedabad
No. Year Name of slum Area No. of families Relocation
1 2003 Salatnagar Gomatipur 240 No settl
2 2003 Lakodi Talab Old Lakh 200 No settl
3 2003 Bhojabhai Juhapura 100 No settl
bhatto
4 2004 Gulby Takera Navrangpura 600 Odhav
5 2004 Devji Pura Sahibag 380
6 2005 Lakodi Talab 200
7 2005 Mahakali Danilimada 100 No settl
8 2005 Mangaltalavdi Vashna 250 No settl
9 2005 Chandranagar Vashna 80 No settl
10 2005 Tarwadichalli Chamanpura 70 No settl
11 2005 Civil Hosp. Chapara Meghaninagar 265 No settl
12 2005 Bakaramundi Ranip 150 No settl
13 2005 Doordarshan Driving Road 150 Thaltej village
Chapara Thaltej
14 2005 Kadi-Kalol Mehsana 265 No settl
15 2005 Himmatnagar Himmatnagar 150 No settl
16 2005 Vyra Surat 400 No settl
(Source: ActionAid India) Table – 9

hotels, motels, cinema houses, farm houses, water resorts, Municipal Corporation claims that there are only 14
canals, fountains and showers on the Sabarmati riverfront. thousand families residing in this locality and the rest of
the families are encroachers, though almost all of the
The project is clearly anti-poor as it alters the present land- families have ration cards, voter’s identity cards and pay
use pattern by grabbing land from the poor and illegally water and electricity bills regularly.
transferring it to the powerful business interest groups
(PBiGs) for spinning money out of the valuable land, which The crucial question is whether or not private corporations
the poor have inhabited for years. The SRFDCL project should play with the lives of 40,000 families by taking
will also drain out all the water resources in spite of acute away their habitats and livelihoods and justify it by saying
water scarcity in the region. Though the EPC in May 1998 that all this is being done in the name of development?
made tall claims for recharging the underground aquifers
and managing the floods, the irrigation department of Struggle against cultural fascism
Gujarat had expressed serious objections and even the Samvedan Cultural Programme, youth forum created to
central government’s environment ministry had rejected promote secular cultural movement in Ahmedabad, has
the project on environmental grounds. taken up the challenge to expose the anti-poor policies
of the state and the struggle of Sabarmati inhabitants by
Grabbing the riverside land from the poor has been the organising the stage play Suno nadi kya kehti hai (Listen,
core dream of the SRFDCL. The BJP leaders have also
what the river is saying?). The play was based on the real-
put consistent pressure to wrap up all objections to support
the business lobby. The Chief Minister Narendra Modi life situation of slumdwellers residing on the Sabarmati
has already handed over a nine km stretch of the riverbanks banks. It depicts the struggle of the urban poor and their
and riverbed to the developer lobby (led by the SRFDCL), resistance against displacement, globalisation, gender-bias
while the poor people residing on the banks have been and rising communal fascism. The aim of the director
kept in dark. The state government didn’t even bother to of the play, Hiren Gandhi, was to sensitise common
consult with the inhabitants while deciding the issue. people and strengthen secular efforts through providing
a cultural medium for anti-fascist struggles. The Gujarat
On the eastern side of the river around 25 thousand government has banned the play as the state alleges that it
families have been residing, while on the western side has ‘objectionable’ dialogues. Mr Hiren Gandhi has filed a
around 15 thousand families have been residing for the
public interest litigation (PIL) against the censor board for
last forty years. Mr Pathan Mohd Saleem, convener of
cultural programmes, which is pending in the High Court.
the Sabarmati Nagrik Adhikar Manch, a key organisation
mobilising the community members against the riverfront Evictions from places of religious importance76
development project, reported that a rally was organised The Gujarat assembly had passed the Gujarat Public
on December 12, 2005, in which around 10,000 people Premises (Eviction of Unauthorised Occupants)
had joined from the banks of Sabarmati slums. A dharna
Amendment Bill 2004 on February 25, 2004. The
was also organised on the occasion against the SRFDCL
legislation allows pubic trusts to summarily evict
project in front of the Ahemdabad commissioners’ office.
unauthorised occupants from trust-run places of
Survey of bastis religious importance with greater ease. According to the
Through the initiative of CBO leaders, a survey was state road and buildings Minister, I K Jadeja, the aim of
conducted of all the eighty-one bastis to find out the the legislation is to “clean up” the state’s pilgrim centres
exact number of housing units. The Ahmedabad and make them more attractive to the tourists.
Street vendors under the AMC attack

The Ahmedabad Municipal Corporation (AMC) has undertaken a systematic campaign to remove the
vendors from the downtown area of the city. The vendors have been traditionally selling in these places
for three to four generations now situated in the city bazaars like Manek Chowk, Danapith and Jamalpur.
Yet, they are being removed from their places. They have survived police beatings and municipal
removal drives by unionising. The SEWA on behalf of vendor’s union had appealed to the Supreme
Court and had sought permission for the vendors of Manek Chowk to carry out their trade from their
places only, in 1984. Violating the SC orders, the AMC evicted 313 vendors from Manek Chowk area.
The SEWA has been campaigning for the rights of vendors in the city.
76. The Times of India, New Delhi, February 25, 2004, Rajiv Jagubhai Shah, "Religious Places are Public Premises"
65 Grabbing the riverside land

Major eviction threats in the city77 Lakodi Talab: There is a threat of eviction as 200
Eviction threat to an approximate of 10,000 families are staying in this locality.
households by the Ahmedabad Municipal
Bapu Nagar basti
Corporation through 11 Town Planning Schemes.
In Bapu Nagar Muslim community has been staying for
40,000 families on the banks of Sabarmati are the last 18 to 20 years. The municipality wants to evict the
vulnerable to displacement. community on the pretext of making a vegetable market
there. Around 38 families are staying in the basti.
Slums threatened with evictions due to
the TP schemes Relocation sites
Like other cities Ahmedabad’s relocation sites are like
Sr No Cluster area No of slums affected dumping grounds, which are on the outskirts of the city
1) Vatwa 03 periphery. Odhav relocation site is 20 kilometres away.
2) Danilimada 42 The Ahmedabad Urban Development Authority had built
around 1500 housing units in a four storeyed complex in
3) Gomatipur 05
2000-2001. Since this rehabilitation scheme was started,
4) Bapunagar 02
around 400 families have been relocated there and are
5) Naroda 02 residing in one-room apartments. Odhav is one of the
6) Juhapura/Gupatanagar 04 industrial areas outside the city.
7) Dariyapur/Chamanpura 03
Vejalpur is seven kilometres away from the city and around
The Town Planning Schemes are engaged in 100 housing units have been built there. This is also a
Broadening of roads four-storeyed complex. Most of the occupants are from
Lake beautification Bodakdev basti and were evicted in 2004.
Circular Sardar Patel Ring Road Vatwa rehabilitation site is 30 kilometres away and another
132 feet wide Inner Ring Road named Nikol rehabilitation site is 35 kilometres away from
Table – 10 the city.
Recent evictions in Ahmedabad Legal interventions

Gulby Takera: 600 huts were demolished in
Human Rights Law Network, Ahmedabad, has filed five
November 2004 and the families have been relocated 20 PILs in the Gujarat High Court on illegal evictions of
kilometres away out of the city at a place named Odhav. hutments in Sanklitnagar, Ganeshnagar, Shashtrinagar,
Gulbai Tekra is located near Indira Nagar. Bhathujinagar, Bhimnath and Jamwad localities of
Vadodara. Through these PILs, the petitioners have sought
Devji Pura Sahibag: Around 380 huts were relief to provide for alternative living space for those
demolished in December 2004. The land was acquired who have been evicted.
to build a post office and a police station. No alternative
accommodation was provided to the evicted victims. A PIL was filed on behalf of the Jan Sangharsh Manch
to stop the eviction of the 43 hutment dwellers living in
Wastra Pur Old Lakh: 200 families were forcefully their hutments situated at the TP Scheme number 8, FP
evicted to beautify the lake area in December 2003 and number 200, Talvadi Chali, Holi Chakla, Asarwa
no alternative habitat has been provided to the victims. Chamanpura, area of Ahmedabad City, for over past 25
years, who are sought to be forcibly evicted without
Mahakali Danilimbada: Houses of around 100
families were demolished for broadening the road and providing any alternative accommodation. A favourable
laying a pipeline, but due to the HRLN intervention a order was also received in this case from the court.
stay order has been obtained from the court. Presently, A special civil application has been filed in the Gujarat
the families are living in the same locality. Similarly in High Court against the forced eviction of the community
January 2004, Ambika Bridge area houses were of manual labourers living in the hutments situated in
demolished but the people got stay order from the court. New Mental Colony of Asarwa area of Ahmedabad.
77. Eviction/demolition — Struggle for housing right by Ms. Beena Jadhav, ActionAid India Gujarat RO Ahmedabad, Gujarat

Minority communities, habitat structures razed by the AMC
These people were being evicted from their homes It was urged by the petitioner, and on behalf of the slum
without prior notice and without provision of any dwellers, that the said slum dwellers were residing on the
alternative accommodation. The court has granted stay plots bearing survey number 146/1, 146/2, 147 and 148
in this case and the government has been told to provide for more than 30 years. The said land was wasteland. Earlier,
alternate accommodation. the slum dwellers were working in the stores of the PWD
as labourers and they were even provided with electricity
Special civil applications were filed for the stay of the connections and water facility. Never in the past the
eviction of the hutment dwellers living at Dani Limda authorities had raised any objection against the existence
area of Ahmedabad city, southern zone for over past 25 of the hutments nor they were ever given any notice at any
years, at Indiranagar, Mahendra Road, Kalol for over point of time in the past for eviction.
past 25 years, at plot number 305 opposite Ambica Mill
under Khokhra over-bridge in Gomtipur area for the It was further urged that in a democratic country the
past 30 years and southern side of Dhulia Highway near poor and landless citizens have also right of having
Mindhola river on the land bearing city survey number dwelling and they cannot be evicted and chased away
2582 of Vyara town of Surat district for over past 20 like animals. Such an action would be violation of Article
years. All of these people were being evicted without 21 of the Constitution of India. As observed by the
prior notice and also without alternate accommodation. Supreme Court, the right to life enshrined under Article
21 includes meaningful right to life and not merely animal
In each of these cases, the court granted stay order and
existence. Right to life would include right to live with
the forced eviction, therefore, averted.
human dignity and it is a basic human right.
HC stays evictions After hearing Advocate SH Iyer, appearing for the
In response to a PIL filed by the Jan Sangharsh Manch, petitioner Manch, the division bench while issuing notice
the division bench of the Gujarat High Court, comprising to the respondents, sought to know from the government
Chief Justice Bhawani Singh and Mr Justice HK Rathod as to whether alternative residence could be provided to
issued notice to the secretary, road and building the said slum dwellers. Mr Iyer has filed a number of
department, government of Gujarat and the executive PILs and litigation on housing rights issues and has
engineer, road and building department, Ahmedabad and received favourable orders from the courts in the past.
stayed the eviction of around 112 slums situated in New
HRLN,Ahmedabad; Jan Sangarsh Manch, Ahmedabad;
Mental Colony, Meghaninagar, the PWD Campus at ActionAid India Ahmedabad; and Sabarmati Nagrik
Asarwa, Ahmedabad till further orders. Adhikar Manch contributed in finalising the Ahmedabad report
67 Grabbing the riverside land

section two
•
review papers
. myths and realities - housing mumbai's poor

affordable, alternative housing policy
globalisation and impact on the poor
polemics of urban space
strategies to combat post-evictions
. ,
Myths and realities
Housing Mumbai's poor

Deepika D'souza *
The real answer to the question of why so many people from 1995 onwards, not a single unit for the EWS housing
live in slums is systematically analysed in this chapter has been constructed in Mumbai (The MHADA:
through the extracts of various official documents that Activities and Achievements 2002).
provide a vivid picture of the housing scenario.
The Lok Awas Yojana, a component of the National
As against the annual need of 46,000 housing units in 1960s Slum Development Programme, was not implemented
and 60,000 in 1970s in Greater Mumbai, the supply of formal in Mumbai due to unfeasibility (per unit Rs 30,000). The
housing by public and private sector together has been only new avatar of this scheme: the Valmiki Ambedkar Awas
17,600 and 20,000 units. During 1984-91, the supply increased Yojana was commenced on a small scale in few pockets
to 47,400 units per annum, whereas the current need is of of Mumbai from 2002 onwards.
85,000 units - a deficit of 45,000 unitspersists.
(pp 245 - 246 the MMRDA Regional Plan 1996 -2011) Housing supply by the public agencies has been far below
the requirement and that by the private sector has always
The cost of 40-sqm unit is minimally Rs 140,000. The been beyond the reach of the poor. The housing
data on incomes indicate that such formal supply is conditions deteriorated as 73 percent of the households
affordable to only top 6.25 percent (monthly income more in 1991 compared to 69 percent in 1981 lived in one-
that Rs 6,451 at 1991 prices) of households in Mumbai room tenements (Government of Maharashtra, 1995).
(pp. 248 the MMRDA Regional Plan 1996 - 2011). Rental markets were locked and as such the only option
for many low-income families was to .encroach on public
The private housing market leaves out the poor; the public
and private open lands and build structures, which they
sector supply is limited. As a: result, the shelter needs of
53 percent of the poorer or 45,000 households are could afford (The BMRDA, 1994, pp 259).
satisfied in the informal market every year. This supply is Myth of lack of land and money
in the form of further densification of existing slums
When it comes to housing for the poor 6ne of the most
and growth of new slums (pp. 248, the MMRDA
famous reasons given for not providing rehabilitation,
Regional Plan 1996 - 2011).
security of tenure is that of land shortage, insufficient
From inception (1997.) to 1995, the MHADA has funds and a constant stream of migration. Under the
constructed 33,890 units for economically weaker sections present demolition drive in response to the demand for
and another 19,184 units under the slum clearance scheme rehabilitation for those whose homes have been
Average annual supply of housing in Greater Mumbai
Period Housing Employers for Privates co-op Total Annual Deficit"

board employees society need
1956 - 66 4233 3666 9673 17572 46000 28428

1973- 82 3183 494 15949 19626 60000 40374
1984 - 91 16,341 31076 47417 85000 37583
Table - 11 .
--------
• Deepika D'Souza is Executive Director of the Human Rights Law Network
,
69
demolished, the chief minister has been quoted in several public housing reduced to about 5 percent and in some
newspapers as saying: 'We don't have the land and the cases to almost nil. On the other hand, the mill owner's
money and that daily over 300 families enter Mumbai share is increased by more than triple.
city." Coincidently, however, while the struggle fof The Municipal Commissioner Johnny Joseph justified his
housing is continuing on one hand on the other hand, at demolition ot tn. slums by announcing that the space
the same time, the Democratic Front has been caught in vacated was needed for gardens and parks. At the same
the Mill lands controversy and in a controversy regarding time, he (MCGB) surrendered more than 80 hectares of
improper allotment of the CIDCO land. -the mill lands reserved for the open spaces to the private
The Mill lands controversy" use of the mill owners.
In Central Mumbai, the Mill lands covers an extensive area
An enquiry into the functioning of Shivshahi
of about 250 hectares. The 150 year old textile industry was
Punarvasan Prakalp Limited'"
the economic backbone of the city that emplyed two-thirds
of the labour force of the city in the early twentieth century. Mr SS Tinaikar alongwith Mr RB Budhiraja, principal
The flourishing industry, however, had been rendered sick secretary to the government (housing department), was
mainly due to the sustained and illegal diversion of the funds appointed by a government resolution housing and special
by the owners into newer' and more profitable industries
assistance department No SPP - 1021/131/ desk 2 dated
rather than using the profits for modernisation of the mills.
April 4, 2001 to enquire into the working of the Shivshahi
In the last 15 years, the real estate prospects of these vast
Punarvasan Prakalp Ltd (SSPL). The SSPL was set up as
tracks of land lured the mill owners to exploit the land
potential than running the mills. As a result, the state a government company with Rs 300 crore equity from
government was also pressurised to change the development the MHADA and Rs 300 crore equity from the MMRDA
control rules in 1991 allowing the sale of land on the under the Shiv Sena - BJP combine to assist in financing
condition,rthat the mills were modemised. The floor space slum rehabilitation schemes thereby provide free housing
index, which could not exceed 0.5 on the industrial land on, for 200,000 slum dwellers by December 1999.
was increased to 1.33 and the 'change of use' was allowed
from industrialto commercial. The closure of the mills and The Tinaikar Committee was appointed to investigate into
the redevelopment of the land were allowed through the whether the standards adopted for granting loans to private
DCR 58 (i), on the condition that 33 percent land was given developers were proper and whether the building
to· the MCGB for open spaces and civic amenities and 33 construction works undertaken by the SPPL fulfil a public
percent was given to the MHADA for public housing. The purpose. In his 200-page report, Tinaikar is extremely
mill owner enjoyed the full FSI on his share of land and as critical of the functioning of the SPPL. Critising the manner
the TDR (transfer of development rights).
in which the SPPL was set up and the constitution of the
In 2001, however, this DCR 58 was changed in such a board of the SPPL and the process of granting loans, Mr
way that the land share for the public open spaces and Tinaikar's investigation revealed that the SSPL had received
Improper allotment of land79

In a report tabled before the Mumbai High Court in the first week of December 2004, former municipal
commissioner SS Tinaikar inducted chief ministers both present and past - Deshrnukh, Shinde, Joshi,
Rane and others for improper allotment of land in Navi Mumbai. Land worth Rs 150 crore, measuring 6.4
hectares was allotted to eight publishing houses including Prabodhan Prakashan, Saamna, Tarun Bharat,
Dainik Pudhari and Daily Pudhari, Lokmat, Hindustan Prakashan and Gaokari Prakashan at less than half
its market value.
The matter came to light when on October 26, 2003 Mahalaxmi Mahila Grahak Sanstha, a proposed
society, applied for 6,550 sq mt of land in Sector 13, Vashi. The Democratic Front, then in power, overruled
the CIDCO's decision and allotted the plot to Ratnagiri Times for Rs 3.5 crore when the Mahalaxmi Mahila
Grahak Sanstha was ready to pay Rs 10 crore. The society moved the court and on April 29, 2004 the court
scrapped the allotments. The allotted publishing houses then appointed builders and constructed high rise
buildings for sale and an insignificant portion of the land was used for publishing. These allotments cost the
State a loss of Rs 41.5 crore.
78. The Mill lands controversy' section contributed by Neera Adarkar, writer, social activist and architect closely associated with
the Mill lands and Mill Workers Struggle
79. They're to Blame for Rs 41.5 Crore Loss, Indian Express, Mumbai Newsline, Page 2, January 6, 2005
80. Report of the committee apointed by government for enquiry into affairs of the SPPL, Volume 1, August 1, 2001
eviction watch india - ii 70

application of 51 projects and had sanctioned 30 projects Lands available on enforcement of the Urban
but there were only 11 developers behind these 30 projects. Land (Ceiling & Regulation) Act
Public lands whose value was reduced by the government The Urban Land (Ceiling & Regulation) Act of 1976 sought
to control land speculation and to achieve a more equitable
to Rs 0.25 per sq mt, which were only marginally
distrbution of land by putting a ceiling of 500 sqm on the
encumbered with the slums and located in premium
vacant urban land in Mumbai that could be held in private
localities, were among the first to be picked up by the
ownership. All the land in excess of this ceiling was supposed
builders Originally as per government resolution of May to be returned to the govemment, which could use it for
28, 1998; June 30, 1998 and September 25, 1998, it was housing the poor. Optionally, the owners could seek
decided that the SPPL should financially support the exemption, mainly under Section 20 or 21 of the Act, for
MHADA to enable it to embark into massive slum the excess vacant land on the condition that the said land
rehabiltiation projects. After the SPPL was constituted would be used to build one-room tenements for the
without express consent of the government the SPPL, weaker sections (as per the GR of 1986). The objective
of the government resolution of August 22, 1986 is clearly
money was used to finance a few builders at a great financial
laid down in the guidelines of the government resolution.
risk. Loans to the tune of Rs 73.17 crore were disbursed
Therefore, clearly the objective of the Act was putting in
at a very low interest within couple of months in 1999
place a process by which
without any clear selection and
affordable housing stock would
screening policy. be made available for the urban
The powerful real estate lobby also
poor within a reasonable span
Two of the biggest beneficiaries plays a critical role in ensuring that of time.
were M/ s Akruti Nirrnan Pvt
vacant lands are not freed up for the
Ltd and SD Corporation However, this has not
utlisation of slum dwellers. The
(SDCPL) who received nearly happened. Some of the major
national commission on urbanisation
54 percent ie Rs 39.35 crore. To owners of vast stretches of
in 1987 reported that 91 individuals vacant lands in Mumbai are
quote Tinaikar, ':r1s regardsM/ s
in Mumbai owned 55 percent of the charitable trusts of big
Akruti Nirman Pvt Uti, as we
vacant lands industrialists and businessmen.
have pointed out in prepara) its The Act was often bypassed by
proprietors S hri Vimal Shah and using the 'exemption clause' by
Hemant Shah e'!Jqyedspecial confidence of the minister Shri manipulation and getting permission from the
Suresh Jain) which is evident jrom- the jact that they along corporation to build - leading to a total defeat of the
stated objectives of the Act. These restrictions actually
with three others were jormallY invited to attend and
reduced the supply of formal land. As a result of such
participate in the meetings oj the steering committee oj criminal Acts, while the housing stock meant for the poor
S hivshahi Punarvasan Prakalp betweenJune 1998 - August people in the slums who are mostly employed by such
1998) befo~e it was registered as a government compaf!Yis rich people as their servants, drivers, security guards, ete.
September 1998. JJ
Lands reserved for construction of houses for
the dehoused people
Akruti Nirrnan was given permission to combine nine
Lands that have been reserved as the HD lands as per
slum pockets involving rehabilitating 4600 slum dwellers
the development plan and meant for housing the
indifferent sites in the MIDC area of Marol and convert dehoused have also been openly used for other purposes
them into one project in compensation for which they even though housing for the poor is one of the main
received one of the largest free sale commercial area of lacunae in the urban policy of the state.
all the projects having 163,0791 sq. ft. of area. The case
The department of housing and special assistance was
of the SD Corporation is similar, only the land in question
established in 1980 with an overall mission of providing
was the MP Mill Compound.
housing schemes for common people, slum improvement
On the other hand, Tinaikar points out that much of the programmes and repairs. Its over all share of budget is 0.87
MHDA land allotted for the development of housing percent (Centre for Budget Studies 2002) or Rs 782.36 crores.
for the poor was diverted to build transit camps in order The Ninth Five Year Plan (1997 - 2002) had estimated an
to 'assist builders' clear their llf-ds and profit from the expenditure of Rs 159.65 crores of this only 61.62 crore
sale of free sale commercial area. Builders als~ benefited was spent. (Centre for Budget Studies 2002 - 2003). The
from transfer of development rights to the value of Rs Tenth Finance Commission allocated a sum of Rs 50 crores
209.51 crores (page, 72). to improve the conditions of slums in Mumbai. Of these,
71 housing mumbai's poor

Disabled mother with her daughter displaced in Mumbai
30 crores were allotted to the MHADA. This sum was Mumbai makeover and the World Bank
utilised to cover the loss incurred in a supposedly self- The conflict on housing rights for the poor has not only
ftnancing scheme of constructing transit tenements for the remained in the domain of the Maharasthra government
MMRDA. This is a gross irregularity as has been pointed but is also influenced by the World Bank and other
out in the CAG Report 2000 and the Tinaikar Report. international agencies. In a meeting organised by the Mumbai
First and MMRDA on the Mumbai Makeover held in the
In the Indian Express of April 22, 2005 another mention
Taj Hotel, Mumbai on May 25-26, 2005, the country head
was made of funds meant for housing for the poor being
of the World Bank was among the keynote speakers. In his
left unutilised. In its Sixth Demands on Grant 86-page
report the parliamentary standing committee pulls up the presentation, he stated that the only way to provide for
ministry of urban development for lack of initiative and housing for the poor was to leave it to the market. More so,
planning. The report reveals that one of the main reasons the city must repeal the Urban Land Ceiling Act, lift the cap
for non-utilisation of funds has been caused by the failure on the FSI and open up the salt-pans for housing.
of the Mumbai slum relocation scheme to take-off.
At the same conference, other international speakers
The powerful real estate lobby also plays a critical role in shared experiences about similar urban renewal
ensuring that vacant lands are not freed up for utlisation endeavours in London. In their presentations they clearly
of slum dwellers. The National Commission on stated that in order to provide housing for the poor they
urbanisation in 1987 reported that 91 individuals in
had to keep special zones and government had to be
Mumbai owned 55 percent of the vacant lands.
closely involved as market forces leave out the poor.
Clearly what can be inferred is that while the lands and
Union Finance Minister P Chidambaram, however, in
funds are available there is no political or bureaucratic
his speech at the conference, largely reiterated what the
will to utilise these available lands for housing slum
dwellers. On the other hand, even land meant for housing World Bank representative said. Newspaper reports
the poor or land reserved for other purposes have been following the conference spoke about the need to repeal
used by vested interests for their own profit. the Urban Land (Ceiling & Regulation) Act, 1976.

Costal regulation zone Instead, what we need is a step-by-step approach that places
The other so-called plan on the horizon is one devised housing at the centre of all urban development policies.
by the private consulting firm McKinsey for Mumbai Changes are needed in antiquated laws that have stifled the
First, an organisation representing the city's corporate growth of affordable rental housing. Vast lands in the heart
sector. The report "Vision Mumbai: Transforming of Mumbai's former textile mill area are waiting to be
Mumbai into a World-class City," suggests constructing developed in an equitable and just manner. They would be
special housing zones on the salt-pan lands in the north ideal for low-cost rental housing. Instead, they are becorni.ilg
of Mumbai with 300,000 housing units for slum dwellers home to shopping malls and high-end housing.
They would have to pay between Rs 750 and Rs 1,000 a
In the mid-1980s, the idea of sites and services to home
month in addition to regular taxes. There is no plan to
the poor had been tried. This involved marking out plots
ensure that these lands will be made accessible to the
in lands that is provided with basic infrastructure by the
livelihood sources of these poor people. Nor have
state. The actual type of construction is left to the family
ecological considerations been taken into account. Against
If in addition financial services are designed to help the
the background of the tsunami tragedy, the importance
urban poor build and develop such housing, we might
of the coastal regulation zone (CRZ) rules cannot be
arrive at a more sustainable model for housing the poor.
over-emphasised for in many areas the violation of these
A "world-class" city cannot emerge if half the citizens of
rules exacerbated the impact of the killer waves.
Mumbai are denied their rights. The problems are serious
What we are seeing in Mumbai is the culmination of and complex. But surely the solutions do not lie in a callous
decades of mismatch between precept and practice. approach towards the very people who service the city.
73 housing mumbai's poor

Affordable, alternative housing policy
PK Das'
T
his draft proposal has been prepared on behalf . therefore, relocated. A comprehensive rehabilitation policy,
of the Nivara HJkk Suraksha Samiti. The points thus, has to be formulated for this purpose.
mentioned in the report were discussed in detail
There will be need for vacant land for these rehabilitation
and have been approved as a joint charter of demand
projects. The ULCRA must be strengthened and
by the various housing rights organisations in Mumbai.
implemented for this purpose and its loopholes plugged.
Legalisation of slums land The vacant NDZ land must be considered as sites for
Land occupied under slums must be legalised and rehabilitation along with infrastructure development. We
reserved in the'developrnent plan (DP) as sites for housing consider the NDZ land as contingent land, made available
of the urban poor. Necessary amendments in the DP for development as required, but with the development
must be carried out for this purpose. Surveys of slums of infrastructure for it. The rehabilitation cost must be
be conducted and their boundaries demarcated. The included in the budget of the primary project for which
present DP is irrelevant to the needs and demands of the slum sites have to be cleared.
our city's majority people, particularly the poor and the
Infrastructure development thrust
working class. There is no exclusive reservation of land
Upgradation and expansion of infrastructure must be
for housing of the urban poor. A miniscule reservation
considered a priority in the redevelopment programme
for housing of the dehoused (HD) is inadequate. for our slums. It is not possible that around 2,300 slums in
Moreover, the housing requirement of people being the city can be rehabilitated or reconstructed within a short
displaced from old dilapidated buildings or because of period. It is, therefore, important to carry out infrastructure
infrastructure projects, ete., is also not met under the work that includes adequate water supply, sewage disposal,
present reservation. The reservation of land for project sanitation, solid waste management, accesses, ete. What is
affected persons (PAP) as provided in the development needed is the upgradation of the environmental condition
plan is also inadequate given the number of slum dwellers in the slums and not merely pursue a real estate agenda for
who are being displaced due to various projects. mega construction and turnover.
Slums occupy a mere eight percent land in the city and Redevelopment alternatives
that too illegally. Nearly five million people living in the A. The SRD amendments: Necessary amendments to
slums occupy about 2500 hectares. It is not possible to the present Slum Redevelopment Policy regulated by the
relocate or rehabilitate five million slum dwellers on SRA should be carried out to plug the various loopholes
alternate sites. Therefore, it is necessary that their present and make it more slum dweller friendly.
sites be recognised as sites reserved for housing of the B. The SUP: The slum dwellers be given the option to
urban poor in the DP, thus legalising them. upgrade or improve their slums if they so desire,
Rehabilitation policy particularly, where people are opposed to the SRD
We agree that not all slums can be regularised in their present schemes led by the builders.
sites. Many slums exist in the dangerous locations and many C. Reconstruction plan: Reconstruction of slums can
others are situated in areas that are harmful to the health be carried out by the slum dwellers co-operatives in
of the local inhabitants. Besides this, certain sites have to partnership with the government (and not with the
be cleared in order to carry out important infrastructure builder). The government's contribution will be in the
work. Slums on such locations and sites have to be, form of .infrastructure development while the slum
* PK Das is based in Mumbai. He is an architect and activist associated with the Nivara Hakk Suraksha Samiti, an umbrella
organisation formed in early 1980s when footpath dwellers were displaced in Mumbai city

dwellers pay for the construction of their houses. The C. Reservation for the EWS housing: Every housing
government and its various agencies like the MHADA project in the city particularly in the HIG and MIG
must playa pivotal role in steering and facilitating the segments by rule must provide a certain percentage of the
projects, including its planning. Any new housing scheme area for housing of the poor. Similar reservation for housing
constructed will be under the possession of the of the EWS must be a conclition in the development of
government and it may be used for the relocated slums
land reserved for public housing. The proportion of this
and/ or made available for new demands.
reservation must be consistent with the ratio of the
D. Ward-based redevelopment: Relocation, rehabilitation population of clifferent economic categories.
and reconstruction of slums must be undertaken on ward
While conclitions for reservation for housing of the EWS
basis. This means a comprehensive review of the slums
exist today in certain developments, they have been
within each ward is undertaken to minimise the clislocation
manipulated and sold to the MIG and HIG by
of the slum dwellers and to integrate them in the
combining several units. It is important, therefore, to carry
development of the ward itself.
out an effective public audit and scrutiny where such
E. Finance/ loans: Once the government legalises slum conclitions ,are imposed in various projects.
land and provides the slum dwellers with tenurial rights, D. Transit housing: The state government must develop
they can inclividually and/ or through their co-operatives transit housing to deal with the displacements due to
take loans from housing banks to pay for the construction emergencies, repairs and reconstruction, redevelopment
cost of their houses. The slum dwellers will then be able projects, ete.
to mortgage their houses against the loan. ,
E. Rental housing: The policy to promote development
F. Planning/ designing: The slum dwellers' co-operatives of rental housing in the city must be framed. Necessary
will along with the government agencies like the MHADA, incentives and benefits to the developer-for-rental housing
steer the projects. The government agencies may provide must be considered.
professional services and assistance to them in planning and F. Informal sector housing: It is necessary to promote
designing. The government agencies may constitute a panel housing schemes for the working class population in the
of architects and planners to provide professional services. informal sector. As we know, large number of
construction workers are employed in the city in the
Building affordable housing stock for the EWS
various projects. Similarly, there is also very large working
A. Government Initiative: The government and its
class population in other informal sectors. Housing of
various agencies must give priority to the building of houses
this population must be seen as a part of the infrastructure
for the economically weaker section in proportion to its
development cost. Thus the responsibility for this housing
population. Today, the MHADA and other agencies have
will rest on the government as well as the promoters of
stopped building houses for the poor but they promote the various projects in the city.
housing in the upper segments for profit thus competing
in the market along with the private developers and builders.
Act against forced eviction
The most important demand in present circumstances,
B. Employee housing: It must necessarily be a conclition when the slums are being indiscriminately demolished, is
with large industries and/ or agencies generating large to stop forced demolitions and evictions by promulgating
employment to plan and provide housing for its an Act. We believe that forced demolitions and evictions
employees including the working class. The governmental create worse slums and seriously violate human rights.
sector including the BMC, Port Trust, the state The Act against forced evictions must apply uniformly
government, police ete., must also provide housing to all to all settlements of the poor without discriminatory
its employees. Housing for the employees must be seen policies such as the cut-off date criteria. There shall be
as an integral aspect of their planning and investment. no demolition prior to rehabilitation.
General conditions
1. Surveys concerning slums must be jointly carried out with the participation of slums' communities, NGOs, etc.
2. Information and data must be made available to the public and widely published.
3. Sanctions and activities under the SRA must be monitored by the public (a representative body of the NGOs,
eminent citizens, etc.) and be in full knowledge of the affected slum dwellers.
4. Information regarding infrastructure projects and other schemes in larger public interest leading to the
displacement of slums must be widely published and discussed before being forced for implementation.
75 affordable, alternative housing policy

Amchi Mumbai goes global!
Harsh Dobhal *
umbai is a classic case of the excesses of beautiful city,sanitised and clean, cleansed of its poor, meant
M globalisation. The city-architecture is being.

exclusively designed for the seekers of profit
makers, powerful and influential, the richest of the rich,
for the rich and powerful. A corporation-friendly city with
no place for the working inhabitants who have built it and
who have no plans to abandon the "dream land" they had
land mafia and employees of the transnational migrated to decades back in search of livelihood. Mumbai's
corporations. The governance of the city is being own inhabitants, who have given to this city many more
connivingly handed over to the land sharks to get rid of times than it can ever pay them back. Millions of working
its poor inhabitants as fast as possible by demolishing poor, honest and hard working, who have given their sweat
their homes, .throwing them out, intimidating and if they and blood to build this city, its roads and buildings, its
demonstrate against state atrocities, beating them up, electricity lines and complex water networks, its gutters
arresting them and putting them behind the bars. The and sewer systems, its bylanes and walls, brick by brick.
city is in for an overhaul to re-shape into the image of a Those who have carried the burden and refuge of the city
'global' city. While the policymakers and the city planners for decades, on their heads, backs and shoulders. That's
have completely failed to chalk out a comprehensive city why they don't want to leave Mumbai for they love it
plan for the public welfare catering to the ordinary much more than the harbingers of 'one dimensional'
inhabitants. development. Perhaps they understand this city with much
more intensity than the political leadership and transnational
The successive governments, the BJP-Shiv Sena or NCP- corporations.
Congress coalitions, have been pathologically obsessed with
converting Mumbai into a dream city, a mini Shanghai The political leadership in the state of Maharashtra is
with spiralling flyovers and world-class malls, dotted obsessed for its love with land mafia and mighty
skylines and glittering five star hotels. A modern, slick and commercial builders who want to turn Mumbai into an
Global Facts"
• In 1~OO,merely two percent of the world's population was urbanised
• During 1950, thirty percent of the world population was urban
• In the year 2000,47 percent of the world population was urban
• More than half of the world's population will be living in urban areas by 2008
• It is expected that by 2030, 60 percent of the world population will live in urban areas
• Almost 180,000 people are added to the urban population each day
• It is estimated that there are almost a billion poor people in the world, of this over 750 million live
in urban areas without adequate shelter and basic services
• World population touched 6.1 billion in 2001, and is growing at an annual rate of 1.2 percent, or
77 million
• Every fourth households lives in poverty in cities of the developing world
• Thirty seven percent of the population in cities of the developing world is employed within the
informal sector
• The annual need for housing in urban areas of developing countries alone is estimated at around
35 million units (200-2010). In other words, some 95,000 new urban housing units have to be
constructed each day in developing countries to improve housing conditions to acceptable levels
Harsh Dobhal is managing editor of Combat Law journal on human rights and law
81. Habitat Backgrounder. United Nations Centre for Human Settlements (Habitat)

'international' city that can capture the perverse imagination of the urban - unorganised labourers, hawkers, lorry
of the multinationals, business tycoons and world financial drivers, rickshaw pullers, daily wagers, whose shanties
institutions, a city that can match Manhattan or New York, were razed between December 2004 to January 2005
even if built on human graveyards. After all, Mumbai is before the Congress President Sonia Gandhi halted the
the financial capital of India, the super power of coming drive while Maharashtra government contended that it
decade, the nuclear power, the fastest growing consumer was merely removing "illegal" encroachments on "public"
lands. That's why about 3,000 inhabitants of Mumbai,
market with its ever burgeoning, decadent middle class.
who were 'dehoused', travelled all the way to Delhi in
Since Mumbai is a strategic point for multinational March 2005 in the hope of getting a compassionate
companies, a corporate friendly environment is the need audience from the central government and Ms Sonia
of the hour. Therefore, Mumbai will be linked up with Gandhi as there was no hope in Maharashtra
other global, commercial hubs and delinked from its own government- politicians being habitual to shrug off
people and its immediate periphery. And this process of from the election promises soon after the polls. The
de-linking has taken-off through the biggest slum Congress party had made a pre-election promise to
demolition drive launched in December 2004, when Sushil regularise slums built before 2000 and the slum dwellers
had voted for the Congress for this reason, overthrowing
Kumar Shinde was the chief minister.
the Shiv Sena and BJP combine. But the chief minister,
Mumbai's poor are being deprived of their livelihoods, in keeping with the tradition of the political parties, was
housing, education, health, public transportation and even quick to make a dramatic turnaround and change the
the basic amenities, a hapless populace being pushed to cut-off date from 2000 to 1995 soon after elections.
the wall. Every iota of human rights trampled upon.
Betrayed by the Maharashtra government, people from
The 'global' city is being built on the debris of homes to
lakhs of people. Mumbai squatted around Jantar Mantar in New Delhi.
Completely non-violent and peaceful, they wanted to
The inhabitants of a free, democratic India, the poorest draw the attention of a government busy complying with
Urban India scenario"

• India has 1027 million people with an urban population of 27.7 percent (285 m in 2001). The decadal
growth rate over 1991-2001 is 21.35 percent, of which urban growth rate is 31.13 percent and the rural
growth rate is 18 percent
• There are 400 million children in India (up to 18 years). 60 million children under the age of six live
below the poverty line. Estimates of street children in India range from 4.14 to 11 million. The magnitude
of child labour varies from 11 million to over 100 million
• In the last 50 years population of India has grown 2Y2 times, while urban population has grown nearly
five times
• 50 percent of the population living in slums possess less than 5 percent of land used as shelter
• Housing is perhaps the most neglected human development activity in the country. In 1991 the
housing shortage was estimated at 22.90 million units, which has shot up to 40.8 million units, in the
year 2000
• More than 90 percent of shortage in housing is experienced by the economically weaker sections of
society
• In 2001, former PM AS Vajpayee announced that by 2010 every urban poor family would have
houses
• Sub-standard settlements house 70 percent of Delhi's population
• In Chennai city, 40 percent of the population lives 'in slums
• National commission on Urbanisation in 1987 reported that 91 individuals in Mumbai own 55 percent
, of vacant land
• Majority of the urban poor live in less than 1/10 of city space
• Of the 19 cities in the world with a population over 10 million, India has three cities: Mumbai, Kolkata
and Delhi.
• Out of 3.5 million - plus cities in the country, six are in UP: Kanpur, Lucknow, Agra, Varanasi, Meerut
and Allahabad
82. Combat Law. Sept - Oct 2004. Nowhere to Live: Urban Housing in India. Vol. 3, Issue 3 pp 1-46
77 amchi mumbai goes global!

the TRIPs related obligations of the WTO and
Population of cities 1991-2001
hobnobbing with other political parties for approval of
the Patents (amendment) Bill in Parliament.
S No Population Cities in Cities in
With a concern as stark and immediate as next meal and 1991 2001
the roof over their heads, they came back, empty handed, 1. 1 million (10 lakh) 23 35
after Ms Sonia Gandhi gave some vague assurance of
"protecting" their rights. Back in Mumbai, they were 2. 1 lakh - 9.99 lakh 300 388
thrashed by the police, dragged by hair, children
lathicharged, hit all over their bodies and locked up in the 3. Towns 4290 4700
police stations. Others faced extreme repression. There Table - 12
was terror in the air, the police vacated the lands and builders Mumbai First, a powerful lobby of builders, industrialists
recruited private security personnel to intimidate. The iron . and ex-bureaucrats, initiated the 'city development plan'
fencing in Ambujwadi, Indiranagar, Rafiq Nagar and for Mumbai with the multinational, McKinsey. The
Wadala had uprooted thousands of inhabitants. The dalits Mahrashtra government adopted the plan, without
at Ambedkar Nagar and Bhimnagar Vikroli-Kannmavar consensus, not even in the l,egislative assembly. The
Nagar, were too badly hit.
McKinsey report had no much concrete solution for the
The Maharashtra habitat needs of the working
government's justifications poor inhabitants. Instead it
for demoli tio n were as suggested that slums should
hollow as its pre-election be slashed to 10 percent.
promises. The official line The Maharashtra Housing
contends that slums eat up Development Authority
space and infrastructure. But stopped constructing low-
the government has been cost houses after 1990.
proved wrong on both Mumbai First and other
these counts. The groups propounded the
infrastructure excuse has idea of "developing
been questioned by the YUVA, a Mumbai-based Mumbai into a world class metro" and complained that
organisation that came up with a study establishing that there was no land for real estate.
slum dwellers actually used very little infrastructure as
only 5.26 percent slum-dwellers had access to individual McKinsey and Mumbai First have reasons to smile. The
water taps and 62 percent of them used public or shared state government has been remarkably docile and
toilets. obedient, police prompt and ruthless. Slum dwellers have
been warned in no uncertain terms that they should forget
The displaced slum dwellers are posing serious questions
Mumbai, government has no plans to house them. Their
asking, if the government lacks infrastructure, how can it
children have been thrown out of the schools, their school
afford to give quick permission to build about 100 forty-
storeyed buildings all over the city. Obviously, while the bags and pencils and their dreams, have been crushed
government cares only for the rich and upper middle class with their slums and hutments, more could be underway.
sections, the poor inhabitants find no place in its agenda. Mumbai has become the hunting ground for the national
and transnational corporations. The World Bank has been
The civil society groups again contest 'lack of space'
extremely generous to come forward with one billion
justification vociferously. Mumbai was once known for its
dollar to push the 're-modelling' plan, to develop the city
thriving textile mills that have all been closed in last decade
into a global financial centre. Of course, there will be a
and half. These lands were leased out to the mill owners by
the government over 50 years ago but they have not returned time to pay back, with "heavy interest".
the land after shutting down the mills. About 2,000 acres of For now, damn the poor, Amehi Mumbai is going global!
lands are lying waste in defunct mills and docks. But the
government has no plans to provide houses to the poor in This article IVaIfirst pllblished in the Combat J ~IIV jOlin/a/,
these lands. In fact, in the absence of a comprehensive plan, Vol4 issue 1, April·May 2005, pp 32
these lands are going for unbridled sales.

Polemics of urban space
Indu Prakash Singh *
ne of the worst manifestations of urban poverty alleviation had been utilised with full sincerity, we would
O is homelessness. Homelessness is not a malaise,

but a symptom; a symptom of serious distress,
embedded in grave economic disorder and social injustice.
have, by now, eliminated poverty, not just alleviated it.
The way to deal with urban poverty lies in removing

rural poverty, not the poor people. The other way to
The homeless, is a person who has no roof over her/his
deal with it is, by making housing accessible to all and
head, or her/his family'S head. Even if a person has a
putting a stop to all evictions in urban settings.
home in a village, is that home of any use to him or her, in
the urban context? Why would anybody leave it to sleep Mindless eviction intensifies the poverty of those who are
on the footpath, in corridors or parks, under flyovers, at already very vulnerable. With no mechanisms for immediate
night shelters (wherever it is available), in the city? redress al, they continue to move from one fringe to other.
The case in point is the eviction of homeless women and
Our studies and interactions with the homeless across
children from the DMC Palika Hostel complex (in ew
the country have shown that people come to cities as a
last resort, due to one of these reasons: poverty, Delhi) on October 16, 2004. This happened despite the
unemployment, destitution, debt, atrocities (against dalits, assurances given by. none other than the PM Manrnohan
women), communal riots, drought, floods, cyclone,
earthquakes and personal hardships. The homeless then,
are deprived, dislocated, dispossessed, disentitled, and
disenfranchised people. Unlike what our bureaucrats and
economists are wont to think (that people from rural
areas come into cities because they are attracted to the
glamour), we have, in our experience, reason to believe
that they leave their villages because they have been
compelled to; it is not of their own volition.
Bureaucrats talk of putting checks on migration from rural

to urban areas; this is not only unjustified and inhuman, it
is also unconstitutional, in violation of Article 19 of the
Constitution of India (which empowers the people of
this country to reside and settle in any part of the territory
of India). Poverty then, is systemic/ structural in nature, a
product of skewed and disempowering social
Singh and UPA Chairperson Sonia Gandhi just three days
interactions, political and economic processes. Ascribing it
before the eviction. This action flouted the UPA government's
to any person as a personal attribute is a fallacy. A product
common minimum Programme (CMP) commitments,
of misconception, guided by myths and opinions. The
the Constitution of India, the UN Habitat I & II
government programmes and policies have a half-hearted
commitments, and UN Conventions and Covenants
approach while dealing with poverty, rural as well as urban.
(UDHR, CRC, CEDAW, ICESCR).
Rampant corruption at all levels is responsible for it too.
If all the resources that were put in towards poverty Just three percent people (the elite) have appropriated 75
* Indu Prakash Singh is working with ActionAid International - India (AAI-I). He has been director of Ashray Adhikar Abhiyan (AAA), a
programme of AAI-I working to ensure the shelter rights of the homeless in Delhi
79
percent of all private land in the world. 50 percent of 21 provides that no person be deprived of his life and
the slum population possesses less than five percent of personal liberty. The Supreme Court affirms that the right
the whole land. The majority of the urban poor live in to life necessarily implies access to basic amenities. To that
less than one-tenth of city space, and we all know that 90 end, the right to adequate shelter is a constitutional guarantee.
percent of the shortage in housing is experienced by the Because the practice of forced eviction results in the loss
economically weaker sections of our society. And still, of livelihood, it is prima facie transgression of Article 21.85
we are not tire in saying that there's no land. Land for
whom? The issue is that there is enough land for the rich Article 14 and 15 guarantee of substantive equality,
to buy and stock it as farmhouses, but not for the urban obliging the state to take affirmative action in facilitating
poor, the homeless and the inadequately housed, who opportunities for the disadvantages and prohibiting
run the cities ofIndia through their hard labour, construct discrimination on the grounds of religion, race, caste,
the buildings at a risk to their own health and life, and sex or place of birth. Read together, these provisions
work in our homes as domestic labour, languish in the not only prohibit the exclusion of those marginalised
dungeons of the city. Ironically, they are seen as a drain from basic housing needs and land rights, but also
on urban economy; we forget that our cities would implicate State action in redressing these deprivations.86
collapse if they were not there. We need to treat the urban I
poor as citizens of our country, and not as 'pickpockets A rights-based approach to development in
and thieves', as noted by our judiciary. the housing sector can:
• Empower the poor and the homeless
The urban spaces should also spawn lots of livelihood
options, add need to embrace the rural settings. The • Promote security of tenure, particularly for
corporate sector has an important role to play in this. women and vulnerable groups in inadequate
And the livelihood options need to be aligned with the housing conditions
housing locations. A divorce between the two is what • Strengthen protection against forced evictions and
has created the' mess that we are in today. discrimination in the housing sector and
International instruments • Promote equal access to housing resources and

The list of the international instruments ratified by India that remedies in cases of violations of housing rights
protect the right to housing include: The ICESCR, CEDA W, Policy framework
CRC, International Covenant on Civil and Political rights The national policies that are relevant for the fulfilment
(ICCPR), and The Convention on the Elimination of all of the right to adequate housing in India are:S7
Forms of Racial Discrimination (CERD).83 • National Policy on Resettlement and Rehabilitation
for Project Affected Families, 2003
The right to adequate housing is the most comprehensively • Government of India Tenth Five Year Plan (2002-
elaborated in Article 11 (1) of ICESCR ... India's 2007)
commitment to adequate housing under the ICESCR • Night Shelter for Urban Shelterless, 2002 (renamed)
explicitly precludes the practice of forced evictions. General 1992 (modified)/1988-89 (in operation)
comment 7 of the Committee on Economic, Social and
• Draft National Slum Policy, 2001
Cultural Rights recognises this abrogation of liberty, justice,
• National Housing and Habitat Policy, 1998
security and privacy as a violation of human rights law.
National Policy on Resettlement and Rehabilitation
The UN Commission on Human Rights has also
for Project Affected Families, 2003
recognised forced evictions as a gross violation of human
rights, particularly the right to adequate housing." In its preamble it notes:
Although India's Constitution does not explicitly refer to "Compulsory acquisition of land for public purpose
the right to adequate housing, it is recognised and including infrastructure projeas displaces people, forcing them
guaranteed as a subset of other fundamental rights. Article for [sic] give up their home, assets and means of livelihood
83. Kothari, 2003. The Human Rights to Adequate Housing - India's commitment and the Struggle Towards Realisation. New Delhi:
Joumal of the NHRC, Vol. 2 : 136. The term 'adequate housing' includes: legal security; availability of services, materials, facilities
and infrastructure, affordability, habitability; accessibility; location; and cultural adequacy
84. Idem
85. Ibid pp 134-5
86. ibid P 135
87. Habitat International Coalition - Housing and Land Rights Network, South Asian Regional Programme (HIC-HLRN), 2004. Acts of
Commission, Acts of Omission: Housing and Land Rights and the Indian State, New Delhi, p6

Apart from depriving them of their lands, livelihoods and inappropriate poliry Jramework of public services such as
resource-base, displacement has other traumatic p!Jchological education, health, infrastructure and transport, lack of labour
and socio-cultural consequences. The Government of India rights and unemplqyment benifits, land and housing regulations
recognises the need to minimise large-scale displacement to which make it unciffordablefor the poor to find housing and
the extent possible and, where displacement is inevitable, push them to disaster-prone and unf!Jgienic areas, lack of scife!y
the need to handle with utmost care and forethought issues nets and social support systems, etc., are dealt with within the
relating to resettlement and rehabilitation of projea affected urban poverry alleviation programmes.
families. Such as approach is especiallY necessary in respect '54reas that need considerations include urban governance
of tribals, small and marginal farmers and women. " issue with special Jocus on the problems of the urban poor
It has issued broad guidelines, fixed different rates as
and slum dwellers, urban transport and housing."
compensation and mechanisms for R&R.
Night shelter for urban shelterless, 1988-89
In the past involuntary displaced persons were given This scheme is for the homeless. Under this, 50 percent
meagre compensation and left to find ways for their subsidy is provided by the HUDCO and the remaining
rehabilitation. Most of these project-affected people are has to be arranged by the state government/ implementing
now living in slums of urban cities." The Planning agency. The following table speaks volumes about the
Commission of India estimates that 21.3 million commitment of our country for this scheme:
individuals were displaced due to development projects What emerges from the table is that of the 35'states and
between 1990 and 1995.89 UTs (28 states and seven union territories), only seven
states attempted to create night shelters for the homeless.
Tenth Five-Year Plan (2002-2007)
Out of the 47 shelters in tents that came up, Maharashtra
In its report the Steering Committee on Urban
had the lion's share of 28; the rest six states put together
Development, Urban Housing and urban Poverty for the
19 shelters in all.
Tenth Five Year Plan notes, "India has one of the largest
urban systems, but its effoctiveness is considered as Jar .from Night shelter schemes
satisfactory due to paucity oj funds and ineffective Year States (no of schemes) Total
management. The mqjor urban concern is the growing gap 2003-04 Chhattisgarh (1) 1
between the demand and supplY of basic infrastructure services 2002-03 MP (1)
like safe drinking water, sanitation and sewerage, housing, West Bengal (1) 2
energy, transport, communication, health and education." 2001-02 Andhra Pradsh (3)
Chhattisgarh (2)
The report further states: "Poverry reduction has been uneven
Karnataka (1)
between the states. The most important point about the inter- ".
MP (2) 8
state variation in poverry is that it sbous no correlation with
2000-01 Maharashtra (7)
per capita income or other development indicators levels qf
MP (1)
Industrial and irifrastructural development, etc., in urban areas
Orissa (1)
during the Nineties. It mqy be seen that the dynamics of
Rajasthan (1) 10
development in the urban areas of the states during the past
1999-2000 Chhattisgarh (2)
two decades have been such that rapid economicgrowth has not
Maharash tra (21)
led to a corresponding decline in poverry. Urban poverry, thus,
MP (3)
emerges as a more complex phenomenon than rural poverry. "
Table - 13
Studies have shown that casualisation of the labour is the While MP went for seven, Chhattisgarh for five, Andhra
main and increasing source of urban poverty ... "It is necessary Pradesh for three, the remaining ones: West Bengal,
that the policy-related causes of urban poverty such as Karnataka, Orissa and Rajasthan had one each.
88. Combat Law, op cit, p 24

89. HIC-HLRN, op cit, P 34
90 .. HIC-HLRN, p33
81 polemics of urban space

Delhi, UP, Bihar and other states were totally absent from All this is so because the majority of slums within a city
all this. The issue is also that the idea of having 24 hours are "illegal" from the point of view of planners. The
shelter90 for women, children and families has not yet slum Areas (improvement and clearance) Act ,1956 states
been thought about. Our work with the homeless, across that the authorities may declare an area to be a slum area
the country, tells us that even men require shelters for 24 when, based on a "report from any of its officers or
hours. For many work until 2 am - 5 pm. Where would other information" it is determined that the buildings in
they sleep if the shelter is only a night shelter? The idea is an area are in "any respect" unfit for human habitation
to create .Aashray Griha cum activity centres. or "detrimental to safety, health, or morals"
Shelter spaces could be: Community centres, schools,
Although the Act's purpose was to improve the housing
public (government) / private office spaces, under flyovers,
conditions, it has frequently been interpreted as giving
multiple uses of existing spaces: shelter parking lots,
licence to demolition and eviction."
pedestrian subways, etc.
Forced evictions consistently violate slum dwellers' rights
Draft National Slum Policy, 2001 to adequate housing in the main cities of India. During
It is really a tragedy and travesty .that since Independence the past four years, municipal authorities have evicted many
we have no semblance of a national slum policy. people living in the slums and sent them to the outskirts of
cities on the pretext of beautification or development of
the cities... Relocation sites have often been in deserted
areas where women and children feel insecure. They lack
basic facilities such as electricity, drinking water, transport
and schools. There is no source of livelihood and people
have to travel long distances at great costs to get to their
place of work at the centre of the city."
Forced eviction without adequate resettlement also violates

congruent rights such as the right to food, right to health,
right to education and the right to livelihood." The steering
committee for the Tenth Five-Year Plan note: "Slum
dwellers need not perenniallY be at receiving end oj the
selected doles but made part oj the urban economic and
A destitute woman: Waiting for Godot? social processes with adequate opportunities for upgrading
their lives} while contributing what is well-known to be a
The union urban ministry fmalised the National slum Policy mqjor share in the economic activities oj the cities. The urban
Draft in April 1999. The ministry received comments up upgradation has to be recognised as part oj the national
to December 3, 2001 but finality still remains elusive. development process. "
Owing to this indecision the existence of the slum dwellers
is at the mercy of the bureaucrats, judiciary, land mafia It further states, 'The Working Group on Housing has observed
and politicians. Even the NHRC finds its hands tied. that around 90 percent oj housing shortage pertains to the
In recent years, as it was evident to the HIC-HLRN fact weaker sections. There is a need to increase the supplY oj
finders, the quality of judicial rulings has deteriorated. It ciffordable housing to the economicaf!yweaker sections and the
is worth nothing that the UN's appointed expert of the low-income category through a proper programme allocation of
RAH (right to adequate housing) has observed that the land, extension offunding assistance}and provision of support
Supreme Court and the Bombay High Court have services. The problem of the urban shelterless and pavement
"revealed a regressive attitude towards housing rights and dwellers has not been given the consideration that is looked Jor
disregard for both fundamental human rights and India's in a we/are or propoor polity as seen.from the lack ofprogress
obligations under the ICESCR91f1 in the Programme Jor the Night Shelter Scheme."
---
91. ibid, P 7
92. ibid, P 8
93. ibid, P 12
94. Combat Law, op cit, p 11

National Housing and Habitat Policy, 1998 The negative consequences appear quite serious. With the
The first National Housing and Habitat Policy (NHHP) repeal, there will be no bar on the amount of urban vacant
draft was introduced in January 1987. The second draft land a person can hold. This will obviously lead to a situation
of the National Housing and Habitat Policy was where the rich and powerful will start purchasing-off large
formulated in 1998. The policy was laid before Parliament chunks of land on the periphery of the cities."
on July 29, 1998. It opened with a very radical assessment:
This is a dangerous trend for it enables winds of
"/1fter 50 years if Independence, most if us still live in
globalisation to turn to a storm, and disperse the poor
conditions in which even beasts would protest ... The situation and vulnerable to such an extent there in no coming back
is doubtless grim and callsfor nothing less than a revolution for them. The steering committee for the Tenth Five-
- "/1 Housing Revolution " Year Plan states: 'With the anticipated entry if Joreign
The NHHP notes: "No housing policy can make any direct investment into real estate sector, care has to be taken
significant headu/ay without massive participation if the that the needs if the urban poor and marginalised sections
private sector ... The National Agenda sets a target if are not ignored. "
construction if two million houses out if which 1.2 million So serious is the reforms (privatisation) for government
will be Jor rural areas and 0.7 million Jor urban areas that it has initiated a scheme called Urban Reforms Incentive
every year with the emphasis on the poor and deprived. Fund (URIF). The URIF scheme was approved by the
The National Agenda also emphasised that housing activity government on June 28, 2003 with an annual allocation of
would be an engineJor substantial generation if employment Rs 500 crore during the Tenth Plan. The fund seeks to
in the country. In Jact, the economy can onfy be revived I:Y provide incentive to the states to have reforms. In the first
phase (2003-2004), the following areas (with weightage
vigourous housing activity spread through the length and
indicated against each) have been identified:
breadth oj the country. To this end, all legal and
administrative impediments that stand in the wqy should Amount under the URIF is released as additional central
be removed Jorthwith. " assistance (ACA) to annual plan of the states. The state-
wise allocation of funds has been made on the basis of
And what got repealed in 1998 was the Urban Land
percentage' of urban population of each state with
(Ceiling & Regulation) Act, 1976. The ULCRA had a reference total urban population. During the year 2004-
ceiling to the amount of land that could lie vacant with 2005, second-generation reforms and their weightage
private agencies in urban areas, a limit of 500 metres had were under consideration.
been set for Mumbai and Delhi. Any vacant land in excess
of the ceiling was to be acquired by the state governments Of the 35 states/ UTs, only 24 have signed the MoA
for public housing purposes. This law, if, properly with the Government of India. Seven of the states
implemented could have greatly reduced the housing (Appellant, WE, Goa, Arunachal Pradesh, Meghalaya,
deficit, The NDA government preferred to succumb to Bihar, Himachal Pradesh) have not agreed .•.to the first
the wishes of the World Bank rather than provide housing reform area. While ten states have said no to the second
to its toiling citizens." reform area, seven have declined reform in third area
Urban Reforms Incentive Fund

SN Reform area Weightage
1. Repeal of ULCRA 10% of state's share out of URIF
2. Rationalisation of stamp duty 20 percent of state's share out of URIF
3. Reform of rent control 20 percent of state's share out of URIF
4. Introduction of computerised 10 percent of state's share out of URIF
process of registration
5. Reform of property tax 10 percent of state's share out of URIF
6. Levy of reasonable user charges o percent of state's share out of URIF
7. Introduction' of double entry system o percent of state's share out of URIF
of accounting in urban local bodies
Table- 14
95. ibidp 24
96. Jagori, 2004, op cit, P 42

(Delhi-is one), and one each in reform areas 4-6 have The government seems to be abdicating its responsibility
said no to it. All the 24 have said yes only to the last of taking care of the vulnerable urban poor (The DDA has
reform area. Till March 31, 2004, the following have not provided for only 34 percent of total housing targets over
signed MoA: Assam,]&K, Punjab, Uttaranchal,]harkhand, the last two decades). By opening doors and freeing land
Sikkim, Mizoram; UTs: Pondicherry, Daman & Diu, to the market, it seems to address its two million houses
Dadra & Nagar Haveli and Lakshadeep. every year, goal. The government approach has been of
allowing housing shortages to exponentially grow, closing
Some of the possible areas for reform Gust a glimpse
its eyes to the abject inhuman conditions in which hundreds
of the few listed from the long list of 18, is enough to
and thousands of slum dwellers and homeless live, and
shock us on the design of things to unravel in future, by
and large) under the URIF-II (2004-2005) could be (this then one fine morning waking with the thought dinned
was circulated for the conference of ministers of housing in their minds by the external agencies to having a beautiful
of states/UTs (Sept 27-28, 2004) in Srinagar: city for how else will international capital pour in? How
else? How else? How else?
1. Simplification of legal and procedural frameworks
for conversion of agricultural land for non- Once out of its slumber, the government's mode switches'
agricultural purposes to demolish and relocate, with policing of lands. It doesn't
augur well for the urban poor. It appears as though
11. Initiation of public private partnership in the
privatisation is the panacea for all urban systemic ills. For
provision of civic services
there is now premium on openness. It's truly an open mind,
111. Introduction of independent regulators for urban open door, open land, open resources, open water - open
. ..r.
serVices policy for the rich to get richer and the poor to be removed
IV. Implementation of urban street vendor policy by from all open areas, thrown anywhere the private sector
the states may plan. Far from the city, far from the village, far from
the livelihood, into an abyss. And be there till it is again
v. Removal and further prevention of encroachment
of government land (measurable parameter area
encroached) and policing of such lands
o
o
Vl. Reduction in number of slums c;
:4
Vll. To undertake appropriate reforms for easy access '"
CD
":<
s-
to land o.
s
::J
V111.To promote private sector and cooperatives for m
x
u
undertaking housing construction for all segments m
with the focus on the EWS/ LIG in urban areas ~
»
~
lX. To identify specific housing shortage under each ~
category, namely the LIG/ EWS etc., and to prepare o
0>
housing action plan to meet the housing shortages

x. To make the housing finance affordable for the
EWS/ LIG and to make land or shelter provided
found turned into a resource, for beauty to spawn. And
to slum dwellers strictly non-transferable
have them again removed to another abyss.
The steering committee for the Tenth Five-Year Plan
inform us that "External assistanceJor the urban sector The policies regarding demolition, resettlement and
has continued to flow Jrom the AD B, World Bank and rehabilitation need to be looked at more carefully, and
an assessment of their impact also needs to be done.
bilateral agenciessuch as FIRE [USAIDJ and DFID."
After all, when most of these populations are displaced
It is important to note that government is showing that it is from one area, there will be another 'illegal' settlement,
concerned about the urban poor and thus there is a mention which will rise in another area - sometimes, just across
of housing action plan and other moves. But not all is well. that road. This is linked to the broader issue of the failure
97. Hazard Centre, 2003. A People's Housing Policy: The case study of Delhi, New Delhi: 32-33
98. National Campaign for Housing Rights, 1992. The Housing Rights Bill, Madras, p i

of the State to provide an infrastructure to a growing motivators/ disseminators, and managers - giving
city, and particularly the failure to provide services and shape to a national shelter/ housing rights movement,
facilities - education, health, housing, electricity, water, spearheaded by them.
and sanitation - to poor people. They cannot wish away
3. Accessing government resources (shelter spaces, health
the basic requirements of people migrating to the city; as
infrastructure (medicines, doctors, vans ... ), educational,
citizens, they also, hold constitutional rights and as workers,
sanitary, monetary
it must be recognised that it is their labour that holds up
the city and contributes to the national economy." 4. Advocacy with the MPs, MLAs, councillors on a
The People's Housing Policy?" also makes it clear that the sustained basis. Work towards getting Housing Rights
working poor of the city have to be provided with Bill passed, government to keep its commitment to
accessible and affordable shelter by the deliberate, the human rights principles as enunciated in the various
affirmative action of the State. 'Open market' forces will UN agencies and Treaty Bodies, policies framed on
never be able to achieve this objective. Hence, these homelessness, slums, etc ... Also lobby to get new
arguments give rise to the possibility of a fourth strategy schemes addressing issues like: health/livelihood/
for housing (the first three are: environmental improvement, employment/ training for enhancing skills/ micro
in-situ upgradation, total relocation) - that of providing finance for housing and setting up ventures. Intervene
additional land wherever (or near) the settlements are located in Master Plan and city development report framing
and upgrading the facilities. This is in situ reform strategy.
processes, etc. Access to various entitlements: The BPL
It is strategy that supports the unparalleled 'private' initiative
ration cards, voter cards, birth registration of homeless
and entrepreneurship demonstrated by vast numbers of
children, old age pension, ete. We should also clamour
working people to build their own shelters without any
'subsidies' from the government. for transparent urban governance and single window
dealings than multiplicity of agencies.
The alternative policy will
• Provide security of tenure to enable investments in
proper housing
• Leave the earning capacity and available services of
the household undisturbed
• Maintain investments within the earning capacity of
the family
• Allow entrepreneurial spirit of the people free rein
• Give an adequate return on investment to public
agencies; and
• Enhance the value additions in the quality of life in
the city as a whole
Having drawn lessons from our deep engagement with

the homeless," to continue the work with the homeless A homeless woman after demolition
in India. Strategic focus (for all the issues) has to be on:
/
1. The most vulnerable of the vulnerable (women and 5. Engaging with the judiciary. Work towards building a
children and men with multi-layered personal. climate against beggary Acts. Disseminate the findings
challenge/ hardship). The level of vulnerability will of the various studies done on it in the country through
deepen with every personal challenge/ hardship they workshops, inviting all the stakeholders. And then, finally
face, like: destitution, disability, mental illness, physically knocking the doors of the legislature, for repealing such
ill/ medical emergency, starving, HIV positive, sexual Acts. The PIL course should be used sparingly. Only,
abuse, chemical dependence, police brutality, ete.
only, only as a final measure and that too, after being
2. Homeless people leading the intervention: cadres as approved by all the leading human rights activists/
community health workers, counselors, mobilisers/ advocates. Changing the mindset is very crucial.
--- ---------
99. Aashray Adhikar Abhiyan, 2003. Reflections of AAA Team members: ... Towards Reclaiming Our Humanness, New Delhi

6. Establishing a good rapport with bureaucracy (top as to all stakeholders. And seek their support or put them
well as lower rungs), which is not individual driven on vigil or alert everyone about gross violations (like
but issue focused with institutional support. The evictions, hauling up homeless and destitutes as
guiding principle should be "co-operate, where you beggars)/ ramifications of new infrastructural schemes
can; resist, where you must." (like the URIF 0 I&II, City Challenge Fund (CCF),
Pooled Finance Development Funds (PFDF) or
7. A better-coordinated media interface. Engaging with
tinkering with Acts, like the way in 1998 Urban Land
the media in a manner that they cover the issue
regularly and the coverage is not event specific. (Ceiling and Regulation) Act was repealed.
B. Ensuring that the
8. Involving the larger
commitments made by the
civil society: The
United Progressive
RWAs, Lions,
Alliance (UPA)
Rotarians, chambers
government at the Centre
of commerce (CIl,
in terms of its Common
FICCI, etc.), trader
Minimum Programme
association, bar
(CMP) is adhered to. The
associations, doctors'
. CMP released on May 27,
associations and other
2004 on infrastructure
groups of
"commits itself to a
professionals, students
bodies, theatre groups,
comprehensive programme
cultural bodies, other of the urban renewal and
people's movements, to a massive expansion of
etc. social housing in towns and
9. Facilitating the creation cities, paying particular
of networks and attention to the needs of
coalitions towards a slum dwellers. Housing for
vibrant housing rights movement. Aligning with the weaker sectionsin rural
similar regional and international bodies as well. areas will be expanded on a large-scale.Forced eviction
10.Enlarging the coverage of the issue (though and demolition of slums will be stopped and while
documentation/ dissemination and interventions) by undertaking urban renewal, care will be taken to see
creating spaces for voluntary engagement on a that the urban and semi-urbanpoor areprovided housing
sustained basis. near their place of occupation.JJ100
l1.Use of every possible event, local, state level, regional 14. Making all our interventions participatory is mandatory
and international to broad-base our campaign against for our engagements on urban poverty issue. After
homelessness, evictions and non-adherence of the State all, the movement has to be led by the homeless and
to various instruments: national Acts and our own other urban poor. All our present engagement must
Constitution and international conventions, covenants be made with this predominant element 10 our
to which India is signatory. campaign and programmematic design.
12.Developing an understanding on the Reforms Agenda 15. Cross-regional (office) support is required, may be a zonal
of the government and being posted on current approach to campaign under the national campaign will
decisions, policies, conference, ete. It will be a nice idea be all the more better. It can be in terms of linking our
to establish something like Urban Areas Development rural NFs to areas (the hinterlands) from where people
Watch Group whose job will be to monitor the are migrating and having interventions in those areas as
happenings and immediately transmit the information well. In fact, we need to have a holistic approach in
100. United Progressive Alliance, 20041 Common Minimum Programme of the United Progressive Alliance, New Delhi: 12

dealing with poverty. And as much of the urban • Traditional artisan groups
poverty is symptomatic (arising due to rural poverty), it
• Vendors and hawkers
has after all these years also gained urban moorings.
• Rickshaw pullers
16. Programmematic interventions need to focus on
• Construction workers
livelihoods.
We need to take account of these people as well The domestic policy climate is against the poor,
• Homeless people: women, children, elderly, desti- international ones are no better (exp. WB/ USAID/
tute, chemical dependents, mentally ill, disabled WTO, etc.).
• Sex workers
• HIV + people
• People living in slums
• Nomads
• Homeless unemployed youth

Strategies to combat forced evictions
Dr K Shanmugavelayutham *
Eviction pattern Public purpose

The pattern in which forced evictions are conducted shows Often evictions and denial of land to the urban poor
the intensity of violence perpetuated by the State. With the take place allegedly for 'public purposes'. Many times
presence of the armed police, fear psychosis is created among 'public purposes' have been utilised to the visible
the people, bulldozers and tractors are used and even houses disadvantages of the urban poor. The choice and location
are set on fire as if a military operation to eliminate 'terrorist'
of a 'public purpose' is left again to the arbitrary whims
urban poor! In the process, women, the aged and young
and biased planners and policy makers. It is, therefore,
children are killed. The lifelong hard work and earnings of
demanded that no choice be made without consulting
people get destroyed. People who resist the demolition are
the affected people concerned. Judicial
arrested and charge-sheeted. Just because
they sought to retain a roof over their review is no remedy and no solution.
heads. Most of the time, no alternative Provlslons of accommodation
accommodation: 'is provided to the The urban slum dwellers have been
displaced slum dwellers. Compensation
divided into 'eligible' and 'ineligibles.'
is given neither to persons who have lost
The 'eligible' were given very small plots
their homes nor to those who have not
or flats at 25 to 40 km away from the
been accommodated anywhere.
city and the 'ineligibles' are just thrown
Justification by the authorities out and not even considered by the
• Development and infrastructure State. At the rehabilitation sites their
projects (eg construction of dams conditions even become worse due to
and other energy projects) lack of the basic services and at
• Prestigious international events relocation site there are no means for
• Urban renewal/ redevelopment or city beautification livelihood to support their families.
projects (metro rail project for example)
• Conflict over land rights Government's counter strategy
• Removal or reduction of housing subsidies for low a) Isolate: Before eviction, the government isolates
income groups the community from rest of the neighbourhood
• Forced population transfers and forced relocations by stating that the eviction is only for that area. In
in the context of armed conflict this way, they are isolated and other urban poor
• Refugee movements do not support the affected poor people.
• Reclaiming public land for 'public purposes'
• To ensure movement of men and machinery for b) Divide: The next strategy is that they divide the urban
clearing silt and transporting it poor by using political and other factions. They
• Clean up the waterways convince the factional leaders and political leaders
• Beautification of the waterways by promoting more plots and other facilities. They
• Construction of stadia divide the urban poor.
", Dr K Shanmugavelayutham is with the department of social work at Loyola College, Chennai
Note: The Chennai Slum Dwellers Rights Movement is an umbrella organisation of NGOs working in slum areas in Chennai. The CSDRM
educates the urban poor about the government strategy through street meetings and keeps a vigil on the process. The Co-ordinators of
the movement are Centre for Urban Poverty Alleviation, Pennurimai Iyakkam, Legal Education and Aid Society, TN-FORCES and Nirman
Mazdoor Panchayat Sangam

c) Destroy: Later they threaten the urban poor saying if activists and grassroots groups should unite, interact
they are unwilling to accept, nothing will be available. and build a strong force to achieve this end.
Rumours are spread. Police forces remain on the spot
9. form fact-finding team of experts for thorough
day and night. In the minds of the urban poor a
investigations into the forced evictions.
psychologlcal fear is instilled. Police also arrest the leaders.
10. Whenever housing rights are violated, organise protests
To counter the above methods in the form of hunger strikes and demonstrations.
a) Integrate: Through unity and solidarity the eviction
process can be stopped. To integrate the urban poor, 11. Prepare an Alternative Housing Policy. In ew Delhi,
organise campaigns and Pada Yatras. the Hazard Centre on behalf of Sajha Manch had
drafted a "People's Housing Policy" for Delhi City. This
h) Unite: Stress should always be laid on the proverb is an important step as the existing government policy
"united we stand, divided we fall". The people should gives low percentage of housing for the urban poor.
remain united so that no one takes advantage of
their situation. 12. Encourage slum dwellers to form housing co-operative
societies to obtain housing loans from the banks. The
c) Promote genuine leadership: It is always stressed urban poor can build their own housing settlements as
that the corrupt leaders should be identified and kept opposed to governmental tenements. 0 ften
away. Genuine local leaders have to be identified and governmental tenements are constructed with poor
the urban slums need to know of the danger of the quality materials and workmanship outside the city.
political leaders.
13. Legal intervention is the last resort and the options
Strategies to promote adequate housing available are:
There are a variety of strategies to promote adequate
a) Legal appeals aimed at preventing planned
housing for the urban poor in India. But the effectiveness
evictions through the issuance of injunctions
of strategies will depend upon a number of factors.
b) Legal procedures seeking compensation
1. Campaigning for a Constitutional Amendment to following an illegal eviction
Articles 19 and 21 declaring housing as an explicit
c) Complaint against illegal actions carried out or
fundamental Right.
supported by landlords indiscriminately
2. Drafting and campaigning for a comprehensive d) Allegation of any form of discrimination in the
People's Bill of Housing Rights. allocation of or access to housing
3. Organise public hearing where the affected party can e) Complaints against !andlords concerning
depose before the panelists and seek remedies. unhealthy or inadequate housing conditions
4. During the parliamentary and assembly elections, f) Filing of the PILs in situations involving
prepare a list of demands and ask the political parties significantly increased levels of. homelessness. Most
to include them in their respective manifestoes. of the time, only legal strategy is not successful.
People's Charter for Housing Rights was prepared This strategy can be used in selective cases. One
and circulated before and after the 14th Lok Sabha of the reasons for the failure is insufficient
elections in the year 2004. documentation and insensitiveness of the courts
5. Civil society groups should meet political leaders to 14. Creating awareness about government schemes is
request them to ask questions in the assembly sessions an important s.tep. Due to bureaucratic negligence
during the budget session on housing demand and and corruption many of the government schemes
on increased allocation on housing. do not reach the poor. In order to create awareness,
government orders must be printed in the form of
6. News regarding any forced eviction or issues related
pamphlets and should be propagated so that
to housing problem must be informed to the media thousands can benefit from the goyernment schemes.
immediately :;0 that media inevitably report their point
of view. 15. Focusing on the women's groups is the right strategy
for promoting adequate housing rights. From the
7. Mobilise support from trade unions, planners,
women's point of view, housing is not only a basic
architects, lawyers and students to join the struggle
shelter need, it is also a place of employment, social
and help in formulating alternative solutions.
interaction and care for children and most of all a
8. Establish larger people-based network to demand place of safety and so a Fundamental Right in the
adequate housing for the urban poor. The GOs, case of women.
89 strategies to combat forced evictions

section three
)NNURM critique
,., ,
,. ",., ,I
;;I .' ~
I
mission imposed on people

urban renewal or urban apartheid
pro-poor city planning
Jawahar Lal Nehru National
Urban Renewal Mission
Brief introduction Why plan developed?
The Jawahar Lal Nehru National Urban Renewal Mission The plan has been developed mainly for two reasons:
(JNNURM) is an incentive-driven fast track programme 1. The importance of urban centres is growing fast in our
for the state governments and urban local bodies (ULBs) country. It is estimated that by 2011 the urban population
would contribute 65 percent of the total GDP. It is also
in selected 63 cities focusing on urban infrastructure and
estimated that by 2021 the urban cities will comprise of
regulating service delivery mechanism. This comprises 40 percent of the total population of the country. To
of all cities with over one million population, state capitals support the growth of GDP as well as the rising population,
and 23 other cities of religious and tourist importance. the urban centres would require sound infrastructural
The focus is given on urban governance, urban development like water, electricity, health services, etc.
infrastructure and basic 2. There is a huge
services to the urban requirement of funds
poor. The mission is estimating to around
the single largest Rs 17,219 crore at the
initiative of the central level for development
government in the of infrastructure
urban sector with facilities.
rupees one lakh crore The policy has been
at stake for a period of formed in accordance
seven years. with the common
The JNNURM is the m i n i m u m
culmination of a long programme of the
drawn process initiated Government of India,
by the previous NDA commitment to
government in its achieving Millennium
Development Goals
pursuit of the neo-
(MDGs) and the need
liberal urban reforms. The predecessor schemes included
for a mission-led initiative.
Urban Reforms Incentive Fund (URIF) and Model
Municipal Law (MML), both of which were formulated The strategy of the mission outlined as follows
on the basis of a set of policy postulates developed by the 1. Preparing city development plans
World Bank (WB), the Asian Development Bank (ADB), 2. Preparing projects
USAID and UNDP. Moreover, several projects in the 3. Release and leveraging of funds
states of Karnatka, Kerala, Uttaranchal, Gujarat and Delhi 4. Incorporating private sector efficiencies
are already underway which have been funded by the WB Financial assistance will be provided to the ULB’s and the
and ADB and formulated and implemented on the same parastatal agencies for implementing projects themselves
principles, which the JNNURM upholds. While both the as well as through special purpose vehicles (SPVs).
URIF and MML are based on a ‘carrot and stick’ policy, Broad framework of the mission
they have a limited scope as compared to the JNNURM. Central sponsorship
As such the mission has far reaching implications for the Sector-wise project reports to be prepared by the
direction Indian cities will take in the future. identified cities listing projects along with their priorities
93
Time-bound commitment by the state governments (v) Enactment of a public disclosure law
and ULBs for carrying out reforms in order to access (vi) Enactment of a community participation law, so
funds under the mission as to institutionalise citizens’ participation in the local
Funding pattern would be 35:15:50 (between the decision making; and
Centre, states/ ULBs and financial institutions) for cities (vii) Association of elected municipalities with the city
with over four million population, 50:20:30 for cities planning function
with populations between one and four million, and
80:10:10 for other cities Mandatory reforms: Municipal level
(i) Adoption of a modern, accrual-based, double entry
Assistance under the mission, to be given in the form
system of accounting
of soft loan or grant-cum-loan or grant, would act as
seed money to leverage additional funds from financial (ii) Introduction of a system of e-governance using
institutions/capital markets the IT applications, GIS and MIS for various urban
services
The mission comprises of two sub missions, (i) Sub-
Mission for Urban Infrastructure and Governance, and (iii) Reform of property tax so as to raise collection
(ii) Sub-Mission on Basic Services to the Urban Poor. The efficiency to 85 percent
admissible components under both these sub-missions (iv) Levy of user charges to recover full cost of
include urban renewal, water supply and sanitation, operation and maintenance within seven years
sewerage and solid waste management, urban transport, (v) Internal earmarking of budgets for basic services
slum improvement and rehabilitation, houses for urban to the urban poor; and
poor, civic amenities in slums and so on.
(vi) Provision of basic services to the urban poor,
The mission document clearly states that (a) funds accessed including security of tenure at affordable prices
cannot be used to create wage employment, (b) land costs
will not be financed, (c) housing to the poor cannot be Apart from these, there is a set of optional reforms
given free of cost, (d) privatisation or public private common to both the state governments and ULBs, any
partnership will be the preferred mode of implementing two of which they are supposed to implement each
projects, (e) a ‘reasonable’ user fee will be charged from year. These include:
the urban poor for services so as to recover at least 25 (i) Revision of byelaws to streamline the approval
percent of the project cost, and (f) the onus of minimising
process for construction of buildings,
risks for the private investor would be on the state
development sites, etc.
governments/ ULBs.
(ii) Simplification of legal and procedural frameworks
Thus the mission is a completely market driven urban for conversion of agricultural land for non-
development process where major section of urban land agricultural purposes
will be in control of powerful business interest groups (iii) Introduction of property title certification
(PBIGs). The programmes have been divided into two
(iv) Earmarking of at least 20-25 percent developed
parts, mandatory reforms and optional reforms. land in housing projects for economically weaker
Mandatory reforms: State level sections and low income groups with a system of
The state governments seeking assistance under the JNNURM cross-subsidisation
would be obliged to carry out the following reforms: (v) Introduction of computerised registration of land
(i) Effective implementation of decentralisation and property
initiatives as envisaged in the Constitution (seventy- (vi) Administrative reforms including reduction in
fourth) Amendment Act, 1992 establishment cost by introducing retirement
(ii) Repeal of Urban Land (Ceiling & Regulation) Act, 1976 schemes and surrender of posts falling vacant due
(iii) Reform of rent control laws to retirement
(iv) Rationalisation of stamp duty to bring it down to (vii) Structural reforms
no more than five percent within seven years (viii) Encouraging public private partnership

Mission imposed on the people!
Sushil George*
O
n December 3, 2005, Prime Minister Manmohan accentuated nexus among the rich, builders, contractors,
Singh announced the controversial National MNCs, multilateral agencies, and the government. She
Urban Renewal Mission Programme named stressed that this would change the overall social, cultural
after Jawaharlal Nehru. On the occasion, he showered and economic character of the cities to the disadvantage
of the large section of marginalised
pro-poor statements like
and exploited population103. Former
providing to the urban poor basic Prime Minister VP Singh called it
services and tenurial rights. But anti-poor and the Communist Party
during the year, slum demolition of India (Marxist) criticised the
activities became the most sought mission for paving way for
after or favoured solutions by the privatisation of urban services.
policymakers in the name of
The national media and the business
urban renewal programme. The
circles also created hype over the
singular motive has been to grab
urban poor settlements in the scheme but for ordinary citizens the
name of development and news had no excitement. The media,
beautification.101 unfortunately, created a general
impression that the mission had
“Urban Renewal” is a concept of been welcomed by all sections of
American origin in the post- society since it promised to bring
World War–II era, initially much-needed investment in the
referred to slum clearance and urban infrastructure. But time and
housing but has gradually evolved experience will show that merely
into a multi-dimensional concept. throwing away money at a problem
Unfortunately, it is increasingly is not a feasible solution.
being considered as the only
answer to the multi-faceted urban Due to easy access to funds, many
crisis102. states are blindly accepting the
proposal in major cities (such as the
Ms Medha Patkar, national metro rail project in Bangalore and
coordinator of the National
urban development projects
Alliance of Peoples Movements
(NAPM), criticised the urban elsewhere in Karnataka, Kerala and
renewal scheme much before it was officially launched. Uttaranchal), which the union government has included
She said that it was a well-planned conspiracy to privatise under the JNNURM. These states have “automatically”
basic amenities and that the programme would lead to accepted conditionalities without bothering even to discuss
more commercialisation and privatisation and an them in the state legislatures or among the general public.
* Sushil George is working with the Human Rights Law Network, India. He is involved with the housing rights Initiative programme
to establish network and solidarity with the grassroots community-based organisations that are resisting the forced evictions and
advocating for right to housing in Indian cities
101. Urban Planning & Politics of Slum Demolition in Metropolitan Mumbai, Sanchayeeta Adhikari
(www.asres.org/2004Conference/paper/Adhikari.doc)
102. Mission for Application of Technology to Urban Renewal and Engineering (MATURE), International workshop on urban renewal
February 17-19, 2004 at New Delhi
103. National consultation on urban development planning and space for the poor, held in Mumbai on October 15-16, 2005
95
Imposed conditionality acclaims and recognition as global best practices. The Slum
The entire national programme seeks to impose coercive Networking Project bagged International Habitat Award
conditionalities of a uniform policy and discourages in 1994 and Agha Khan Award for architecture in 1997,
diversity of development in small and major Indian cities. though none of the 174 upgraded settlements are in any
Under the JNNURM, an entirely new process is being way a model in the country.
set in motion that will supplant or supersede the current,
often legislatively enacted, processes. Urban land ceiling
The major move is to discard the Urban Land (Ceiling &
The mission guidelines contain strict conditionalities for Regulation) Act, which is bound to create many negative
urban governance, which will result in the adoption of ramifications such as the hoarding of urban land by the
anti-poor policies and non-participatory approaches speculators and large developers (private partners). The
especially keeping at distance with civil society primary intention of the Urban Land (Ceiling &
organisations and social movements in the country. Regulation) Act, 1976 was to impose a ceiling on vacant
urban holdings in order to prevent the concentration of
The first major mandatory amendment is to draw public-
wealth into a few and to facilitate acquisition of land to
private partnership (PPP) models for development,
serve ‘the common good’. But implementation of the
management and financing of urban infrastructure. This
Act was counter-productive. Over 14,000 hectares were
means that the affluent business sections will be the major
vested with the state governments, but physical possession
stakeholders over the renewal programme in the sixty-
of only 3852 ha was achieved and a mere 621 ha was
three cities.
actually developed for housing. The
The PPP 104
The primary intention of the modest contribution to equity was
Though past experience shows that the Act was to impose a ceiling on more than offset by long-drawn
public-private partnerships were utter vacant urban holdings in order litigations and administrative delays,
failures in providing adequate housing to prevent the concentration of which effectively withdrew over
and basic services to the urban poor. wealth into a few and to 100,000 hectares from the market,
The in-situ experimentation and cross facilitate acquisition of land to enabling those exempt from the law
subsidy or land-sharing schemes have serve ‘the common good’ to charge exorbitant prices and
benefited the private partners but the further intensifying land price
poor have been squeezed into lesser inflation. 105 Resulting into land
urban space, which has created a deterioration in the living monopoly and syndication by the powerful few. This
standards of millions of urban poor communities. would automatically further lead to large-scale
displacement of the urban poor and increase socio-
One of the major failures in major cities is of large-scale economic inequality between the rich and poor, thereby
in-situ upgradation without tenure and consideration of reducing accessibility of land for the middle class as well.
extremely high density of population in the targeted area. To repeal the Act is, therefore, pro-rich, pro-business and
For example, Indore city’s Slum Networking Project was anti-common man act. In fact, many powerful business
considered to be a dream project for making Indore a corporates are waiting for the ULCRA to be repealed in
slum-free city. The DFID had invested (US $14 million) many states so that they can buy-off large chunks of lands
on in-situ upgradations, but immediately after its on the peripheral areas of the big cities with the obvious
completion, the next endeavour was to scrap the intention of profiteering and speculation.
infrastructure and settlements through riverfront
development project. These upgradations, however failed The major reason why low-income groups have no access
in their mission to create a conducive and sustainable to housing is because large portions of city space are
environment in the slums of Indore city. Despite their kept vacant by speculators and developers resulting in
failures at the ground level, they received international artificial and unreasonable inflation of prices. It is often
104. Poverty and Vulnerability in Indore, report contains a detailed analysis on the poverty and vulnerability in Indore including the
mapping of all urban poor settlements
105. Geoffrey Payne, Urban land tenure and property rights in developing countries a review - Section III. National policy issue - p-12,
Intermediate Technology publications, London, 1997

found that the developers manage to acquire lands from & Regulation Act; reform of rent control laws and
the government at throwaway prices and sell them off rationalisation of stamp duty to five percent. 107 The
at exorbitant rates. Thus, the present JNNURM present programme focuses on service delivery
programmes will result in decreasing the availability of mechanisms, community participation, efficiency in urban
land for low-income inhabitants. To counter these trends, infrastructure and accountability of the urban local bodies
one of the major interventions that must be used is to (ULBs) towards citizens.
address this problem within the legal framework and
When the Congress leader, Jairam Ramesh, drafted the
increase availability of land near the work place of the
common minimum programme, he stated that “reforms
urban poor slums in major cities and towns.
will be executed with a human face”, but no one knew
There are two regulatory systems created — the that there would be a beast hiding behind this human
JNNURM, a seven-year city development plan vision; and face. In the CMP draft the statement sounds pro-poor…
the City Master Plan of 20 years. Both are providing a
contradictory guiding law for physical development of ”The UPA government commits itself to a
the city. The City Master Plan earmarks sufficient land for comprehensive programme of urban renewal and to
all city inhabitants within the planning framework, but such a massive expansion of social housing in towns and
residential spaces are either locked up or diverted for vested cities, paying particular attention to the needs of slum
monetary gains by projects like the JNNURM. Therefore, dwellers… “ (CMP, p 12, May 2004).
throwing open land development and housing construction
The programme was subsequently expanded to cover the
to the private sector and even to foreign direct investments
whole range of urban infrastructure and services, in
(FDI) will certainly deprive the urban poor.
particular to promote private sector participation and to
The third mandatory implementation of the system is to draw private funds into urban development. Over the years,
privatise drinking water supply. The Delhi Municipal there were a number of studies and consultancy projects
Corporation (Amendment) Bill, 2005 has adopted the taken up which closely co-ordinated the same neo-liberal
USAID sponsored Model Municipal Law that all major policies of other agencies such as the World Bank, Asian
decisions would be through executive decisions and Development Bank, DFID-UK, and UNDP, etc.108
notifications, even where the central government and its
During the BJP-led NDA regime, an urban reforms initiative
agencies have statutory jurisdiction! The spirit of this fund was launched with much the same objectives as outlined
Model Law, even more than the letter has also been in the JNNURM. Pursuing its “India Shining” ambitions,
enthusiastically adopted in the moves to privatise water these funds were used to conduct research on the good
supply and make it commercially viable by moving urban governance campaign, the national urban transport
towards “full cost recovery”.106 policy, national slum policy, national hawkers policy, etc.109
Genesis of the JNNURM The national executive meeting of the BJP, in January
Genesis of the NURM took place during the pervious 2004, endorsed the “urban sector reforms…,
National Democratic Alliance (NDA) regime. The only implementation of the model municipal laws… complete
new thing the UPA government did was that all the earlier scrapping of urban land ceiling laws… and introduction
inputs have been incorporated into the present mission. of user charges for maintenance of public utilities through
Attempts are being made to lull the entire political public-private partnership.” 110 The same year the
spectrum into complacency over the mission. government accepted further World Bank assistance based
on its Country Assistance Strategy 2004-07. The mid-
During the erstwhile NDA government, it was the Rs term appraisal (MTA) of the Tenth Five-Year Plan states
500-crore Urban Reform Incentive Fund (URIF) which that the government will implement the urban reforms
undertook seven conditions: Repeal Urban Land Ceiling agenda and the NURM’s conditionalities.
106. Remarks by George Deikun, Mission Director, USAID India at the National Media Conclave “ Globalising Indian cities:
Partnership for change
107. Down To Earth, Missionary zeal, urban renewal critical analysis by S V Suresh Babu, January 2006
108. India’s pro-investor plan for urban renewal by Jake Skeers, March 25, 2006 World Socialist Web
109. India Together, For the people, by Diktat, Sept 5, 2005, Vinay Bindur, programme coordinator for the CIVIC Bangalore
110. Urban Renewal Mission: Whose Agenda? (Raju) People’s Democracy (Weekly organ of Communist Party of India (Marxist) Vol
XXIX No 49, December 4, 2005
97 Mission imposed on the people!

Conclusion imposed conditionalities, which are anti-poor. After
The background history of urban renewal reveals a reviewing the programme, it is not clear what services the
contrary picture in major cities of India. The pattern of urban poor are entitled to? The government is least
mass-scale evictions against the urban poor is just the tip interested in evolving urban communities to develop and
of the iceberg of the JNNURM’s larger agenda. Thus specify performance indicators. The hidden agenda is clear,
the most sought after solution is to eliminate slum stop all subsidies and explore market-funding options.
settlements to make urban space a better living place
But before introducing the national programme, there
catering to one section of society. The present urban chaos
is aggravated due to the absence of rational planning should have been a thorough discussion in the media,
and general contradiction between the unorganised poor Parliament, state legislatures and through a notified public
community and the well-organised private entrepreneurs. hearing process. Such a large-scale programme, if taken
The private enterprises see urban planning not beyond up, should not be implemented as an executive
their own profit motives. Though the role of the State is programme. Public support must be the prerequisite for
to see urban planning as the means of land development its implementation. To tackle a complex issue like slum
for various interest groups. A critical appraisal of the development and improvement in the habitat conditions,
JNNURM’s agenda brings to light that there are many visionary leadership and a holistic view are required.

Urban renewal or urban apartheid?
Lalit Batra*
T
he Jawaharlal Nehru National Urban Renewal working people, along with all the hazardous occupations
Mission (JNNURM) is basically an incentive and substances of the cities, in the meagre patches of land
scheme for providing assistance to the state on the fringes or back lanes of the formal city and that
governments and urban local bodies (ULBs) in selected too by charging user fee! And in the name of involving
63 cities. With rupees one lakh crore at stake for a period private sector in solving the housing problem of slum
of seven years, the mission is the single largest initiative dwellers, it sets the stage for selling lucrative public lands
of the central government in the urban sector. to corporate real estate interests, land mafia and contractors.
Even a cursory glance at the national urban renewal While these reforms have been offered on the benign platter
mission makes it clear that it is designed to exclusively of ‘decentralisation’ and ‘community participation’, it is
benefit local and international investors and will surely clear from the way the mission has been designed that the
make life worse for the majority of urban residents in so-called community participation is going to be restricted
the country. The repeal of the Urban Land Ceiling & to the involvement of the bodies of the middle class
Regulation Act (ULCRA) gives a free hand to the builder ‘citizens’, which are already functioning as the ‘demand
lobby to acquire vast tracts of land in the cities thus driving side’ of economic reforms in the decision-making process.
the poor out of their places. Similarly, property title
Further, the reform-linked assistance programme of the
certification and computerisation of land and property
mission undermines the principle of federalism in India.
strike at the very root in which the poor stake their claim
The 74th Constitutional Amendment did not envisage
on the city ie de-facto occupation of land for residential
uniformity at the level of policy formulation and
and occupational purposes through a variety of informal
implementation as the mission is asking for. What kind
networks created through the workings of electoral
of a decentralisation is this when the states and ULBs
democracy in India. Already the government has
have no choice but to carry out economic reforms?
permitted hundred percent FDI in the real estate sector
and introduced freehold property rights. The central government in this scheme of things is thus
playing the same coercive role vis-a-vis the state
These combined with the reforms proposed under the
governments and ULBs that the Bretton Woods
JNNURM will strengthen privatisation and institutions play vis-a-vis the central government.
corporatisation of land and civic amenities. Though the Moreover, by introducing such far-reaching changes in
mission does make some politically correct noises about the way our cities are going to be governed, without any
giving property rights and services to the urban poor, debate in Parliament or state legislatures, the government
they have to be seen in the context of dwindling livelihood has completely subverted the notions of the primacy of
opportunities in the cities about which the mission says electoral democracy and accountability.
nothing and the grossly iniquitous distribution of land in
urban areas which the mission is going to sharpen. All this is, of course, consistent with the efforts of the
ruling class to delink economic policies from democratic
In this context, the pious intentions expressed in the mission politics, thus making the role of the only weapon the
seem more like an attempt to ghettoise the poor and poor have in the given system ie their vote, redundant. It
* Lalit Batra has been associated with the Hazard Centre, New Delhi. He is also actively involved with Sanjha Manch, a network of
organisations and trade union federations and community-based organisations in the national capital. The Manch deals with the
pro-poor concerns relating to livelihood, basic amenities and housing
99
is no wonder that the mission has been widely greeted hand from global finance capital and on the other an
with applause by the corporate media, the real estate lobby, increasingly vocal and assertive middle class. Both these
foreign investors, national and international finance forces have attacked the affirmative activities of the
capitals, international bodies like the WB, ADB, and middle welfare State as the root cause of corruption, lawlessness
class citizens’ groups like the Bangalore Action Task Force and pollution of city life. The argument goes like this: It
(BATF), Janaagraha, Mumbai First and so on, so forth. is the politicians who have over the years actively
The politics of globalisation encouraged the growth of illegal industries and
Needless to reiterate, the ‘reform’ agenda of the encroachment on public lands by slum clusters in order
JNNURM is in line with the policies of liberalisation, to create captive vote banks and a ready source of
privatisation and globalisation initiated in early Nineties. income. This has resulted in the law-abiding, tax paying
The politics of globalisation depends, among other things, citizens being denied their legitimate rights in the city.
on refashioning and ‘reforming’ cities in order to make
them investment-friendly. Major cities of the Third World Thus the idea of the reclamation of the rights of the
are thus sought to be de-linked from real domestic ‘citizens’ has been directly linked to further dispossession
priorities and positioned as nodes in the global circulation of the already dispossessed. This has serious implications
of finance and services. Bangalore thus is positioned as for the rights of the working people for a better life as
the ‘Silicon Valley of India’, Mumbai as ‘Shanghai’ and the consolidation of the middle classes around the vision
Delhi as ‘Singapore’. This puts a heavy strain on the urban of a ‘Clean and Green City’ creates a social force
land and other resources which are increasingly freed from necessary for further delegitimisation of the existence of
‘less productive uses’ such as small-scale manufacturing working class in the city.
or housing for the poor and deployed for high tech
It becomes important, in this context, to see the
modes of accumulation and consumption, whether
connections between changes in urban configurations,
material or symbolic, of the affluent. The entire urban
spatial or occupational, and changes in modes of
space, in this process, becomes a market place where
accumulation reflected in newer forms of commodity
distribution and consumption of global brands take place
production, circulation and consumption. Praxis of this
in the form of a series of spectacles.
nature will go a long way in identifying both the sites of
Pressures have brought about the change in the resistance as well as the actors of resistance to the
governmental and administrative priorities on the one hegemonic neo-liberal project of international finance.

Challenges and Strategies
Pro-poor city planning

Rajeev John George*
O
ne of the major reasons for deteriorating habitat weaker sections in the city. Poor are thus pushed to live in
conditions in India is the non-implementation and blighted pockets, which are highly dense.
flouting of the Master Plan rules. A city's Master
The Constitution of India has given specific directions
Plan is a regulatory statement that provides a guiding law
to all the states for the fulfilment of minimum basic rights
for physical development of the city. The
of its citizens including habitat, health
plan provides sufficient space for human and primary education. It is obligatory
settlements to all inhabitants within the city, for all the Indian states to pay specific
foreseeing the future growth and attention towards the poor and ensure
integrating the physical, social, economic their access to sustainable human
and political frameworks. Thus the plan development programmes. It is on
is the arch regulatory guideline for these directives that the Centre, state
improving the quality of human and urban local bodies (ULBs) have
settlement and its working environment. framed laws, policies and regulations.
For last three decades, the Master Plans The evolution of the Town Planning
of all major cities had made sufficient Act in India started to improve the
regulatory provisions for residential living conditions of the urban poor.
land, keeping in view the present Rajeev at India habitat campaign 04 The Improvement Trust was set up
inadequacies and future population in 1898 after an outbreak of the
growth till the stipulated planning period. However, the bubonic plague occurred in Mumbai. The main objective
population projection has not been higher than what has of the Act was to redevelop slum blighted areas,
been projected during the plan period. Even there were especially those, which were inhabited by economically
sufficient lands made available to all inhabitants, but these weaker sections of the community. Later, Improvement
lands were systematically been locked-up or diverted for Trusts followed in other major cities like: Mysore (1905),
commercial and individual monetary gains by the Kolkata (1911), Nagpur (1936), Bangalore (1945) and
powerful business interest groups. Delhi (1957).
Subsequently, the Bombay Town Planning Act, 1915 and
Paradoxically, slumming in urban cities is not the result
the Madras Town Planning Act, 1920 marked the beginning
of socio-economic conditions, but primarily due to
of comprehensive town planning legislation. These two
inequitable access to land and misuse of residential zones,
Acts enabled local authorities “to undertake town planning
which was legally earmarked in the major cities’ Master
schemes for areas in course of development”.
Plans, thus the working class communities are deprived
and denied legal tenurial rights. These urban development authority acts of India have
to be viewed in the overall context of town and country
In fact, it is the nexus of politicians, bureaucrats and planning legislation in India. They can be classified into
private builders that has been directly involved in illegally three categories of jurisdiction – national, state and local.
encroaching prime lands, which was once reserved for The Town Planning Act comes under the state acts. The
* One of the leading housing rights campaigners, Rajeev John George, had contributed significantly in the struggle
against housing and forced eviction violations. This is an excerpt of his views on right to housing campaign
101
Urban Land Ceiling & Regulation Act is a central Act, In India, the bureaucrats are mainly responsible for
while building byelaws and zoning regulation come under implementing the Master Plan of a city. Unfortunately,
the local legal instruments. they have blocked the flow of large number of tenable
lands in the city, which should be allotted to working
The Town Planning Act
class at an affordable price. Eventually, due to bureaucratic
The Town Planning Act governs the preparation and
implementation of the Master Plan in a city. This is a hurdles the land and housing shortage has led to the
blueprint for developing the entire city. It stipulates that proliferation of the slums in mega cities.
detailed planning will be done to Therefore, radical reforms are
optimise land use with provisions needed through innovative ideas
City slums are not the result of
for housing, specifically for the for integrating housing for poor
socio-economic conditions, but
weaker sections, transportation, inhabitants. Access to housing for
public/semi-public purposes, primarily due to inequitable poor is only possible when
education, health, parks, play access to land supply and housing is brought into overall
grounds and other public utilities. misuse of residential zones development plans and
implementation strategies.
The Town Plans (TPs) are the most
important documents that directly affect the life of the Following steps must be taken
people in the city. Once this document is legally approved, Mapping of urban poor locations using satellite image
all development activities in the cities: construction, Marking of residential units that come on the proposed
displacement, etc., are governed by the TP. Hence, it is roads
important that the impact of the TP on poor of the city Alternative land should be provided in residential land
be taken into consideration, before and during its use within the livelihood catchments
formulation. A timely pro-poor intervention will ensure The plans should be area-based ward can be the unit
a comfortable space for the present and future needs of of planning
the poor in the city. Identifying proposed road
Identifying areas for improvement
Provisions for filing objections and suggestions
Identifying areas for clearance and rehabilitation
Master Plan formulation passes through four major stages.
In Master Plan, rehabilitation sites for the resettlement
The citizens are invited to file their objections and
of slums and jhuggies should be clearly earmarked
suggestions regarding the Master Plan.
Need for communicable and verifiable information
The existing land use preparation stage base
The Master Plan formulation stage Exercise should be ward-wise
The zonal plan formulation stage With wider participation including the ward
The scheme formulation stage

committees, citizens groups and NGOs
Use of available technological tools such as the satellite
Master Plans have designated a portion of the residential imageries, GIS packages, etc. (It is likely that Mumbai
land for the economically weaker sections. They have being a coastal city, access is difficult on account of
provided planning inputs in the improvement of certain defence restrictions this applies to several other places)
existing slum areas and have designated resettlement zones
within the planning area. The Master Plans have not only Multiple factors of urban population
allocated resettlement zones for present demands but also growth
Natural growth of existing population
for future housing needs of the urban poor. This is in evidence
Incorporation of nearby villages in city boundaries
in the existing Master Plan of Indore city in Madhya Pradesh.
Migration from other towns and villages
Implementation of the Master Plan Identifying proposed city boundary
The Master Plans, which were prepared in the 1960s and
1970s, kept in focus the housing demands of the weaker Residential land for future needs
sections. But the Master Plans prepared in late 1990s and Due to rapid population growth in the cities, the city
the beginning of the 21st century have been influenced Master Plan periodically includes the periphery villages in
by the business interest groups that have direct or indirect the planning area. The land use of these villages is changed
links with the land mafia. because of the interest of the urban dwellers. In majority

cases, these villages turn into slum localities of the city. exploit the urban land for commercial purpose. To
There is need to demarcate the city boundaries. counter this dangerous trend, the role of the civil society
groups is to protect the interest of the poor inhabitants,
Prioritised areas which include housing, schools and hospital land and
Allocate appropriate budget for housing the urban poor
infrastructure facilities of the economically weaker
Implement pro-poor legislations sections, sustainable living. The focus of housing campaign
Acquisition of urban lands for residential purpose is to bring ‘housing for the poor’ agenda into the overall
(present and future needs) that caters to all economic city development framework and implementation
sections specifically the poor and vulnerable sections strategies. These challenges can be met through concerted
Make mandatory sites, services and basic amenities efforts by consolidating and networking for a long-term
available to all urban poor sustainable housing security.
The civil society organisations have a critical role to check Trends indicate that new economic policies are working
policies and programmes of the government. They must against the interest of the weaker sections. Creation of
become proactive in ensuring whether the government's slums in India is not a problem by itself, but a
housing programmes and information systems are manifestation of a larger problem of unjust and
appropriate or not and also collect useful information inequitable land holdings; the majority of urban poor
on housing shortage and number of families inadequately lives in less than one-tenth of the city space and that too
housed and homeless population including site services
in pockets that are blighted and extremely marginal.
and basic amenities.
One of the core strategies in every major city is to start Developing nations need radical reforms on access to
mapping inadequately housed settlements including the residential land at affordable levels to meet the international
homeless population and places threatened for evictions obligations and constitutional commitments by the State.
in a form which is communicable and verifiable. The The community themselves should also collect empirical
civil society groups through active participation from local data on informal settlements through community initiative
communities to collect urban poor database should initiate programmes. They should have easy access and control
this process. In Indore city, such mapping exercise has over these information systems. This will empower the
already been done through active support from community and establish direct dialogue among
community-based organisations. policymakers and urban local bodies for evolving right
Conclusion housing solutions. This challenge can only be met if the
Finally, the planning of the city should look beyond the middle class sections and civil society groups join hands in
interest of private developers whose only intension is to bringing about habitational justice to the poor.
103 Pro-poor city planning

section four
th e co u rt ju dgm e n ts
judicial activism and

the judgments on rights of the urban poor
Judicial activism and
rights of the poor
SH Iyer*
A poor homeless person was sleeping in the premises of a court. The marshal came and
scolded him. He was asked to go away. The man who was woken up from his slumber said:
"I am prepared to leave this place, but tell me at which place I should sleep". The marshall
had no answer to the query of the homeless person. And, no one in the government or in
public bodies or those forming the affluent sections of society have any answer to the
question of the hapless homeless person. This is a tragic phenomenon of poor, unemployed
and homeless persons all over the world.
Right to shelter: Diversified view of judiciary 2. In Chameli Singh vs State of UP [(1996) 2 SCC 549]
In the various cases, the Supreme Court has enlarged the a Bench of three judges of Supreme Court had considered
meaning of life under Article 21 of the Constitution to and held that the right to shelter is a fundamental right
include within its ambit, the right to shelter. In some of available to every citizen and it was read into Article 21 of
the cases upholding the right to shelter, the court looked the Constitution of India as encompassing within its ambit,
at differentiating between a mere animal-like existence the right to shelter to make the right to life more meaningful.
and a decent human existence, thereby bringing out the In para 8 it has been held thus: (SCC pp. 555-56):
need for a respectable life.
“In any organised society, right to live as a human being
1. Upholding the importance of the right to a decent is not ensured by meeting only the animal need of man.
environment and a reasonable accommodation, in It is secured only when he is assured of all facilities to
Shantistar Builders vs Narayan Khimalal Totame develop himself and is freed from restrictions, which
(1990) 1 SCC 520: AIR 1990 SC 630 the Court held that:
inhibit his growth. All human rights are designed to
“The right to life would take within its sweep the right to achieve this object. Right to live guaranteed in any civilised
food, the right to clothing, the right to decent environment society implies the right to food, water, decent environment,
and a reasonable accommodation to live in. The difference education, medical care and shelter. These are basic
between the need of an animal and a human being for human rights known to any civilised society. All civil,
shelter has to be kept in view. For the animal, it is the political, social and cultural rights enshrined in the
bare protection of the body, for a human being it has to Universal Declaration of Human Rights and
be a suitable accommodation, which would allow him to Convention or under the Constitution of India cannot
grow in every aspect – physical, mental and intellectual. be exercised without these basic human rights.”
The Constitution aims at ensuring fuller development
Emphasising further on the right to shelter, the court in
of every child. That would be possible only if the child
this case held that:
is in a proper home. It is not necessary that every citizen
must be ensured of living in a well-built comfortable “Shelter for a human being, therefore, is not a mere
house but a reasonable home particularly for people in protection of his life and limb. It is however where he
India can even be mud-built thatched house or a mud- has opportunities to grow physically, mentally,
built fireproof accommodation.” intellectually and spiritually. Right to shelter, therefore,
* SH Iyer is a senior lawyer at the Ahmedabad High Court. He deals with the housing, criminal and labour cases and works with the Jan
Sangharsh Manch and Human Rights Law Network
107
includes adequate living space, safe and decent structure, and in opportunities and status. It positively charges the
clean and decent surroundings, sufficient light, pure air state to distribute its largess to the weaker sections of the
and water, electricity, sanitation and other civic amenities society envisaged in Article 46 to make socio-economic justice
like roads, etc., so as to have easy access to his daily a reality, meaningful and fruitful so as to make life worth
avocation. The right to shelter, therefore, does not mean
a mere right to a roof over one’s head but right to all the living with dignity of person and equality of status and to
infrastructure necessary to enable them to live and develop constantly improve excellence.
as a human being. Right to shelter when used as an “ Though no persons has a right to encroach and erect
essential requisite to the right to live should be deemed to
have been guaranteed as a fundamental right. structures or otherwise on footpaths, pavements or public
streets or any other place reserved or earmarked for a
“As is enjoined in the Directive Principles, the State public purpose, the State has the Constitutional duty
should be deemed to be under an obligation to secure it to provide adequate facilities and opportunities by
for its citizens, of course subject to its economic distributing its wealth and resources for settlement of
budgeting. In a democratic society as a member of the life and erection of shelter over their heads to make the
organised civic community one should have permanent right to life meaningful, effective and fruitful. Right to
shelter so as to physically, mentally and intellectually livelihood is meaningful because no one can live without
equip oneself to improve his excellence as a useful citizen means of his living that is the means of livelihood.
as enjoined in the Fundamental Duties and to be a The deprivation of the right to life in that context would
useful citizen and equal participant in democracy. The not only denude life of effective content and
ultimate object of making a man equipped with a right meaningfulness but it would make like miserable and
to dignity of person and equality of status is to enable impossible to live….”
him to develop himself into a cultural being. Want of
decent residence, therefore, frustrate the very object of “...Article 19 (1) (e) accords right to residence and
the constitutional animation of right to equity, economic settlement in any part of India as a Fundamental
justice, fundamental right to residence, dignity of person Right. Right to life has been assured as a basic human
and right to live itself.” right under Article 21 of the Constitution of India.
Article 25 (1) of the Universal Declaration of
3. In PC Gupta vs State of Gujarat and Ors, in 1994, Human Rights declares that everyone has the right to a
the Court went further holding that the Right to shelter in standard of living adequate for the health and well-
Article 19(1) (g) read with Articles 19(1) (e) and 21, included being of himself and his family; it includes food,
the right to residence and settlement. Protection of life
clothing, housing, medical care and necessary social
guaranteed by Article 21 encompasses within its ambit the
right to shelter to enjoy the meaningful right to life. The
services. Article 11 (1) of the International Covenant
right to residence and settlement was seen as a fundamental on Economic, Social and Cultural Rights lays down
right under Article 19(1) (e) and as a facet of inseparable that State Parties to the Covenant recognise that
meaningful right to life as available under Article 21. everyone has the right to standard of living for himself
and his family including food, clothing, housing and to
4. In the case of Ahmedabad Municipal Nagarpalika
the continuous improvement of living conditions.”
vs Nawab Khan Ghulab Khan, reported in (1997) 11
SCC 121, the Hon’ble Apex Court has observed as under: 5. In the case of Olga Tellis and Ors vs Bombay
Municipal Corporation reported in (1985) 3 Supreme
“ The right to life enshrined under Article 21 includes Court Cases 545 the Apex Court has concluded as under:
meaningful right to life and not merely animal existence.
Right to life would include right to live with human dignity. “...To summarise, we hold that no person has the right
Right to life has been assured as a basic human right to encroach, by erecting a structure or otherwise, on
under Article 21. Due to want of facilities and footpaths, pavements or any other place reserved or
opportunities, the right to residence and settlement is an earmarked for a public purpose like, for example, a
illusion to the rural and urban poor. Articles 38, 39 and garden or a playground; that the provision contained
46 mandate the State, as its economic policy, to provide in Section 314 of the Bombay Municipal Corporation
socio-economic justice to minimise inequalities in income Act is not unreasonable in the circumstances of the

case; and that, the Kamraj Nagar Basti is situated on area is to be ordered to be demolished, in that event,
an accessory road leading to the Western Express the dwellers could, of course, have to vacate, but it was
Highway. We have referred to the assurances given by presumed that alternative accommodation would
the state government in its pleadings here which, we necessarily have to be provided before any such order is
repeat, must be made good. Stated briefly, pavement made. It is true that for some time alternative
dwellers who were censused or who happened to be accommodation may not be provided to the tenant but
censused in 1976 should be given, though not as a it is required to be provided within a reasonable time.
condition precedent to their removal, alternate pitches Eviction process and improvement or reconstruction
at Malavani or, at such other convenient place as the process is required to be carried out in an orderly fashion
government considers reasonable but not farther away if the purpose of the Act is to be fulfilled...”
in terms of distance; slum dwellers who were given
7. Maharashtra Ekta Hawkers Union vs Municipal
identity cards and whose dwellings were numbered in Corporation, Greater Mumbai, reported in (2004) 1
the 1976 census must be given alternate sites for their SCC 625, the Supreme Court has held:
resettlement; slums which have been in existence for a
long time, say for twenty years or more, and which have “...The above authorities make it clear that the hawkers
been improved and developed will not be removed unless have a right under Article 19 (1) (g) of the Constitution
the land on which they stand or the appurtenant land, of India. This right, however, is subject to reasonable
is required for a public purpose, in which case, alternate restrictions under Article 19 (6). Thus, hawking may
sites or accommodation will be provided to them; the not be permitted where eg due to narrowness of road,
Low income Scheme Shelter Programme, which is free flow of traffic or movement of pedestrians is
proposed to be undertaken with the aid of the World hindered or where for security reasons an area is required
Bank will be pursued earnestly ; and, the Slum to be kept free or near hospitals, places of worship,
Upgradation Programme (SUP), under which basic etc. There is no Fundamental Right under Article 21
amenities are to be given to slum dwellers will be to carry on any hawking business. There is also no
implemented without delay in order to minimise the right to do hawking at any particular place.”
hardships involved in any eviction, we direct that the Justifications by authorities in support of
slums, wherever situated, will not be removed until one forced eviction
month after the end of the current monsoon season…..” 1. In most of the cases the general stand almost
consistently taken by and on behalf of the public
6. While interpreting various provisions contained in the
authorities, ie, the municipal corporations, revenue
Slum Areas (Improvement and Clearance) Act, 1956 the
authorities of the state, urban development authorities
Supreme Court in the case of Punnu Ram & ors vs
and housing boards, etc., is that the hutment dwellers are
Chiranjitlal Gupta and ors, reported in (1999)-3-SCC-
occupying lands, such as reserved for proposed roads
273, the Supreme Court held:
under the housing schemes, on the banks of rainwater
“...Further, clause (b) of section 19 (4) provides that channel, on public roads and other objectionable sites.
before granting such permission, the competent authority They cannot be allowed to remain there, to the detriment
should be satisfied whether the eviction is in the interest of the general interest and convenience of other members
of improvement and clearance of the slum areas and of the society, who expect proper development of urban
areas to ensure uncongested and unpolluted environment.
if it is in the interest of improvement and clearance of
the slum areas, then permission for eviction can be 2. That planned development of cities for inhabitants is
granted. In such cases also, a tenant would not be put the need of the society. Individual or collective rights of
to any hardship if he were evicted. The reason is, if hutment dwellers will have to be sacrificed for planned
there is a scheme of clearance of the slum area framed urban development, which is in general public interest.
by the competent authority, then the policy of the 3. That the hutment dwellers were duly served with notices
enactment suggests that the slum-dwellers should not reasonably in advance to give them time and period to
be evicted unless alternative accommodation could be vacate the encroached lands with their families and
obtained for him, that if the buildings or the entire belongings. It is only when after such notices, the hutment
109 Judicial activism and rights of the poor

dwellers refused to vacate or leave the encroached lands, "It is true that in all cases it may not be necessary, as a
that minimum required physical force is used, to evict them. condition for ejectment of the encroacher, that he should
4. That each and every encroacher of the land, where the be provided with an alternative accommodation at the
encroachment is comparatively of recent origin, cannot expenses of the State which is given due credence, is
be provided with alternative site to live, as it is not within likely to result in abuse of the Judicial process. But no
the financial resources and capacity of the public bodies. absolute principle of universal application would be
5. That no law or the Constitution recognises any laid in this behalf. Each case is required to be examined
Fundamental Right to live by committing encroachment on the given set of facts and appropriate direction or
on public properties. remedy be evolved by the court suitable to the facts of
the case. Normally, the court may not, as a rule, direct
6. That the public authorities have taken action permissible
that the encroacher should be provided with an
under the relevant laws, such as, the Bombay Provincial
Municipal Corporation Act, the Gujarat Town Planning alternative accommodation before ejectment when they
and Urban Development Act and the Bombay Land encroached public properties, but, as stated earlier, each
Revenue Code and that under the provisions of the State case requires examination and suitable direction
enactments, the public authorities are empowered to appropriate to the facts requires modulation. Considered
remove encroachments on public land, for the purpose from this perspective, the apprehensions of the
of fulfiling the objects of those enactments, namely, to appellant are without force".
regulate the municipal administration in the cities, to make
planned and systematic development of urban areas and * In the latest decision of the Supreme Court in Almitra
to protect the public properties and lands for public use. H Patel and another vs Union of India and others
(2000) 2 SCC 679 dealing with disposal of solid waste
7. That the Constitution Bench decisions of Supreme for cleaning up Delhi to protect environment from
Court in Olga Tellis and others vs Bombay Municipal pollution on large-scale slum colonies coming up in cities
Corporation and others (AIR 1986 Sc 180) And like Delhi, the following observations keeping in view
Ahmedabad Municipal Corporation vs Nawab Khan the societal needs came to made:
Ghulab Khan and others (AIR 1977 SC 152), permit the
civic authorities to adopt the procedure followed in these "Establishment or creating of slums, it seems appears
cases for restoring possession of properties for public to be good business and is well organised. The number
use, by removing illegal encroachments. of slum has multiplied in the last few years by geometrical
Judgements distinguished proportion. Large areas of public land, in this way, are
While analysing and distinguishing various judgments of usurped for private use free of cost. It is difficult to
the Supreme Court on the issue of Right to Shelter, the believe that this can happen in the capital of the country
division bench of the Gujarat High Court in the case of without passive or active connivance of the land-owning
Peoples Union for Civil Liberties vs State of Gujarat has agencies and/or the municipal authorities. The promise
made following observations: of free land, at the taxpayer's cost, in place of a jhuggie,
is a proposal, which attracts more land-grabbers.
“...We are aware that law is heartless and, therefore,
Rewarding an encroacher on public land with a free
it requires medium of mercy to implement it. We do
alternative site is like giving a reward to a pickpocket.
not think that in balancing rights of individuals and
The department of slum clearance does not seem to have
society, we would be less kind and merciful towards the
cleared any slum despite it being in existence for decades.
section, which justly deserves it. In fact, more and more slums are coming into existence.
* At the same time as observed by the Supreme Court in
“ Instead of ‘slum clearance’ there is ‘slum creation’
the case of Nawab Khan Ghulab Khan (supra), the needs
of the general society of urban area cannot be disregarded in Delhi. This is turn gives rise to domestic waste being
while protecting the alleged violation of human rights of strewn on open land in and around the slums. This
hutment and slum dweller. The following observations in can best be controlled at least, in the first instance, by
Nawab Khan Ghulab Khan’s case do not appear to us to preventing the growth of slums. The authorities must
be in any manner in conflict with the law laid down by the realise that there is a limit to which the population of
Constitution Bench in the case of Olga Tellis' case (supra): a city can be increased, without enlarging its size. In

other words the density of population per square handicap. The State has other duties in view of this
kilometre cannot be allowed to increase beyond the provision. One thing is certain; so far as right to work, to
sustainable limit. Creation of slums resulting in education and to public assistance in cases of
increase in density has to be prevented. What the slum unemployment are concerned, Article 41 refers to limits
clearance department has to show, however, does not of its economic capacity. Therefore, while securing right
to work, to education and to public assistance, economic
seem to be visible. It is the garbage and solid waste
capacity is required to be considered.
generated by these slums which require to be dealt with
most expeditiously and on the basis of priority." * It is also necessary to refer to paragraph 9 of the Apex
Court's judgment in the case of Nawab Khan (supra),
* In granting, therefore, relief to homeless in cities and which reads as under:
those compelled by circumstances and poverty to
encroach on land for living in huts, a word of caution "The Constitution does not put an absolute embargo on
given by the Supreme Court in the case of Nawab Khan the deprivation of life or personal liberty but such a
Ghulab Khan (Supra, an Almitra (Supra) have to be deprivation must be according to the procedure, in the given
taken note of, lest such recognition of right of hutment circumstances, fair and reasonable inflexible rule of hearing
dwellers to live would indirectly encourage encroachments and due application of mind can be insisted upon in every
by land grabbers who are part of land mafia operating
or all cases. Each case depends upon its own backdrop.
in cities in the name of poor and needy.
The removal of encroachment needs urgent action. Sooner
* The Apex Court, in Oga Tellis case, pointed out in the encroachment is removed when sighted, better would be
paragraph 28 as under: the facilities or convenience for passing or re-passing of the
"Encroachment of public property undoubtedly obstructs pedestrians on the pavements or footpaths facilitating free
and upsets planned development, ecology and sanitation. flow of regulated traffic on the road or use of public places.
Public property needs to be preserved and protected. It “On the contrary, the longer the delay, the greater will
is but the duty of the State and local bodies to ensure be the danger of permitting the encroachers claiming
the same." semblance of right to obstruct removal of the
* In the case of Olga Tellis, the Apex Court has pointed encroachment. If the encroachment is of a recent origin,
out that no one has a right to encroach upon public the need to follow the procedure of principle of natural
footpaths, pavements on roads, State/ Municipal justice could be obviated in that on one has a right to
Corporation has constitutional as well as statutory duty encroach upon the public property an claim the procedure
to provide residential accommodation to the poor and of opportunity of hearing which would be a tedious
indigent weaker sections of the society by utilising the
and time-consuming process leading to putting a
excess urban vacant land available under the Urban Land
Ceiling and Regulation Act. The Apex Court further held premium for high-handed and unauthorised acts of
that in all cases of ejectment of the encroachers, it is not encroachment and unlawful squatting.
obligatory on the part of the State/ Corporation to
“On the other hand, if the corporation allows settlement
provide alternative accommodation, no absolute principle
can be laid down in this regard and it would depend
of encroachers for a long time for reasons best known
upon facts of each case. to them, and reasons are not far to see, then necessarily
a modicum of reasonable notice for removal, say two
* In the case of Indra Sawhney vs Union of India weeks or ten days, and personal service on the
reported in 1992 SUPP (3) SCC 217, the Apex Court encroachers on substitute service by fixing notice on the
has clarified that the expression "weaker sections" of the
property is necessary. If the encroachment is not removed
people is wider than the expression "backward class" of
citizens, which is only a part of the weaker sections.
within the specified time, the competent authority would
Backward classes comprise only those, which are socially be at liberty to have it removed. That would meet the
or economically backward. The term weaker sections fairness of procedure, a principle of giving opportunity
do not necessarily refer to a group or a class. It connotes to remove the encroachment voluntarily by the encroacher.
all sections of society, which are rendered weaker due to On their resistance, necessarily appropriate and
various causes, eg poverty, natural calamity or physical reasonable force can be used to have the encroachment

removed. Thus considered, we hold that the action taken start minting money by putting public to a great
by the appellant-corporation is not violative of the inconvenience. It is unfortunate that the officers of the
principal of natural justice." Corporation or Ahmedabad Urban Development
Authority (for short “AUDA”) contribute to it by
Before expressing opinion in paragraph 9, the Apex Court
remaining as silent spectators. They failed to discharge
pointed out in paragraph 7 as under:
their duties in not removing such structures for a long
"It is for the court to decide in exercise of its constitutional time or preventing such structures coming up on public
power of judicial review whether the deprivation of life space overnight. Such persons causing great inconvenience
or personal liberty in a given case is by procedure which to the public at large should be strictly dealt with by the
is reasonable, fair and just or it is otherwise. Footpath, authorities by demolishing such structures put on by them
street or pavements are public property, which are intended on public space at the earliest. Wherever there is
to serve the convenience of general public. They are not encroachment causing traffic problems and other serious
laid for private use indeed, their use for a private purpose
problems to the public at large, it should be removed
frustrates the very object for which they carved out from
portions of public roads... zone-wise or phase-wise.
“No one has a right to make use of a public property "From the incident, which took place yesterday at
for the private pur pose without the requisite Vadodara while carrying out demolition drive, all the
authorisation from the competent authority. It would, authorities have to learn lessons. There should be full
therefore, be but the duty of the competent authority to coordination between all the authorities including police
remove encroachments on the pavement or footpath of before carrying out such demolition drive. They must
the public street obstructing free flow of traffic or passing see to it that while carrying out such demolition drive
or re-passing by the pedestrians." public peace is not disturbed by some handful anti-
social elements, who are against the development and
Thus, it is clear that no one has a right to make use of
public property for private purposes. progress of the state of Gujarat. If required, they
may be even booked before carrying out such demolition
Latest view of the Supreme Court drive, as they are simply land grabbers".
Sending a shock wave to the slum dwellers, the bench of
the Supreme Court comprising Justices Ruma Pal and The slum Policy of the State
Markanday Katju made it loud and clear that encroachers The urban development and urban housing department
have no right whatsoever on public land, nor even for a of the government of Gujarat has framed a draft of
minute. Allowing demolition of slum clusters of Nagli Gujarat state urban slum policy and this policy is under
consideration of the government. The policy
Machi near Pragati Maidan in New Delhi, the bench turned
contemplates as under:
down the poverty plea. “Desperation does not mean
they can do something illegal by encroaching public land,” * ‘In-situ’ upgradation will be preferred to relocation. All
said the bench. (As reported in the Times of India, efforts will be made by the ULBs to upgrade the slums at
Ahmedabad edition dated 10-5-2006) the same sites
Religious structures – Encroachment * Layout Planning: Where in-situ upgradation projects
Following the recent incident of demolition of Dargah are taken up, proper layout planning including plot re-
by the civic authorities in Vadodara city, the division bench
alignment and equalisation of land may be undertaken
of the Gujarat High Court, based on the report published
as necessary in consultation with local residents
in “The Times of India”, initiated suo-motu writ petition
and made following observations in its order: * All relocation processes will be carried out in
consultation with the affected slum dwellers, keeping
“...Encroachment made on the public road by any one
cannot be permitted or tolerated even for a minute as it in mind the distance from workplace and other
causes lot of traffic problems as well as other problems livelihood facilities and after the state government
for the public at large. Only few handful anti-social considers such relocation as unavoidable
elements with the money and muscles power put up * Relocation will be carried out, wherever necessary,
religious structures overnight on public space and then when in-situ upgradation is not possible for a few

hutments which need to be removed from their present be demolished without providing alternative facility.
locations because of widening of internal streets or By Standing Committee Resolution number-1274
making provision for community hall and community dated February 7, 2005 of the Budget Resolution
open space number-4 for the year 2005-06 it is decided that the
* Relocation may also be considered in rare situations hutments dwellers for the period up to December 1995
where slums are situated on expensive plots that could shall not be evicted without providing alternative
be commercially developed to raise finance. In such cases, accommodation and survey of the hutments for the
the slum dwellers will be relocated to the interior areas period up to December 2001 shall be carried out..."
so that the frontage is available for commercial The resolution has been strongly opposed by the municipal
development commissioner vide his letter dated January 5, 2006
addressed to the government of Gujarat on the grounds
* Where slums are ineligible for upgradation at the that (1) implementation of the resolution would invite
existing location the ULB may consider relocating the additional financial burden; (2) more land will be required
slum dwellers from the existing ineligible sites in for making allotment to the slum dwellers; (3) it would
consultation with slum dwellers encourage illegal encroachers; and (4) allotment of land
to the private Parties would be hampered.
* Where slum dwellers are to be relocated, they will be
Conclusions
given shifting assistance of Rs 1,000 and alternate 1. The slums are as much a result of the flawed economic
site within two km from their original site and their policies of the State as they are of the social structure of
choker.” the Indian society. It is also of the inequitable distribution
of urban lands. The policy of slum evictions needs to be
Resolve of Ahmedabad Municipal Corporation
stopped and more viable and constitution-friendly
While passing the budget for the year 2004-05, the Congress solution need to be envisaged.
as well as BJP corporators of the Ahmedabad Municipal
Corporation unanimously passed the following resolution: 2. All forcible evictions and demolitions of the homes
of slum dwellers are the worst violation of the human
“Resolved that vide Municipal Corporation Resolution rights as per all the international human rights
number-26 dated February 9, 1976 and Municipal commitments. It is not only a violation of right to shelter
Corporation Resolution number-.544 dated August but also violation of all the rights – right to food, right
17, 1976, it was decided that the hutments situated to livelihood, right to health, right to education and above
all the right to human dignity.
within the limits of Ahmedabad Municipal
Corporation of which survey was carried out prior to 3. The notion of any cut-off date is ultra-vires to the
1976 and were registered, such hutments should not Constitution of India.

The judgments
T
he Indian cases initially developed the right to life provide facilities and opportunity to build houses.
definition to include a right to housing by Acquisition of the land to provide house sites to the poor
identifying component socio-economic rights. The houseless is a public purpose as it is the constitutional
rights are found in the Directive Principles of the duty of the State to provide house sites to the poor.
Constitution.
(Section 8 para e) All civil, political, social and cultural
Chameli Singh vs State of UP rights enshrined in the Universal Declaration of Human
Rights and Convention or under the Constitution of India
(Before K Ramaswamy, Faizan Uddin and
cannot be exercised without these basic human rights. Shelter
BN Kirpal, JJ)
for a human being, therefore, is not a mere protection of
a. Chameli Singh and Others ... Appellants
his life and limb. It is home where he has opportunities to
Versus
grow physically, mentally, intellectually and spiritually. Right
State of UP and Another …. Respondents
to shelter, therefore, includes adequate living space, safe
Civil Appeals No 12122 of 1995 with No 12123 of and decent structure, clean and decent surroundings,
1995 Decided on December 15, 1995 sufficient light, pure air and water, electricity, sanitation and
other civic amenities like roads etc., so as to have easy
The Judgment of the Court was delivered by access to his daily avocation. The right to shelter, therefore,
K Ramaswamy, J — Leave granted does not mean a mere right to a roof over one’s head but
right to all the infrastructure necessary to
CA No 12122 of 1995@SLP © No. 4896
enable them to live and develop as a
of 1993
human being.
(Section 4 para c) Article 25(1) of the Universal
Declaration of Human Rights declares that (Section 8 para c) To bring the dalits and
“everyone has the right to a standard of tribes into the mainstream of national life,
living adequate for the health and well-being providing these facilities and
of himself and his family including food, opportunities to them is the duty of the
clothing, housing, medical care and necessary State as fundamental to their basic human
social services”. Article 11(1) of the and constitutional rights.
International Covenant of Economic, Social
and Cultural Rights, 1966 laid down that (Section 15 para e) Housing conditions
State Parties to the Covenant recognise “the of dalits all over the country continue to
right to everyone to an adequate standard be miserable even till date and is a fact
of living for himself and for his family of which courts are bound to take judicial
including food, clothing, housing and to the notice.
continuous improvement of living (Section 17 para b) Providing house site
conditions”. The State parties will take to the dalits, tribes and the poor itself is a
appropriate steps to ensure national problem and a
realisation of this right. constitutional obligation. So
Right to Life = Right to Housing long as the problem is not
(Section 7 para d) To make Right to Housing and Shelter
solved and the need is not
Right to Alternative Accommodation
the right meaningful to the fulfilled, the urgency
Right to Earn Livelihood
poor, the State has to continues to subsist.

Ahmedabad Municipal Corporation vs free passing and repassing of the pedestrians on the
Nawab Khan Ghulab Khan pavements/footpaths. But the question is whether the
respondents are entitled to alternative settlement before
(1997) 11 Supreme Court Cases 121 their ejectment?
(Before K Ramaswamy and GB Pattanaik, JJ)
a. Ahmedabad Municipal Corporation …. Appellant (12 para b) The ultimate object of making a man
Versus equipped with a right to dignity of person and equality
Nawab Khan Ghulab Khan and Others…. Respondents of status is to enable him to develop himself into a
cultured being. Want to decent residence, therefore,
Civil Appeal No 12992 of 1996, decided on October frustrates the very object of the constitutional animation
11, 1996 of right to equality, economic justice, fundamental right
The Judgment of the Court was delivered by to residence, dignity of person and right to live itself.”
K Ramaswamy, J — Leave granted. (13 para a) Judges had considered the mandate of human
(3 para e) The High Court granted interim stay of right to shelter and read it into Article 19(1)(e) and Article
21 of the Constitution and the Universal Declaration of
removal of the encroachment. By the impugned
Human Rights and the Convention of Civic, Economic
judgment, the High Court directed the municipal
and Cultural Rights and had held that it is the duty of the
corporation not to remove their huts until suitable
State to construct houses at reasonable cost and make
accommodation was provided to them. The High Court them easily accessible to the poor.
also further held that before removing the unauthorised
encroachments the procedure of hearing, consistent with (13 para c) The State has the constitutional duty to provide
the principles of natural justice should be followed. adequate facilities and opportunities by distributing its
wealth and resources for settlement of life and erection
(4 para h) “We think that the municipal corporation of shelter over their heads to make the right to life
should frame a scheme to accommodate them at the meaningful, effective and fruitful.
alternative places so that the hutmen can shift their
residence to the places of accommodation provided by (15 para a) The appellant-corporation has stated that in
the Corporation to have permanent residence, corporation its Resolution No 544 dated 17-8-1976 it was resolved
is accordingly directed to frame a scheme and place that no payment-dwellers/hut-dwellers existing as on 1-
before this court within two months today.” 5-1976 would be removed by the corporation without
providing alternative accommodation. This cut-off date
(7 para d) The questions for consideration are: (1) was introduced for the reason that they had conducted a
Whether the respondents are liable to ejectment from detailed survey of slum-dwellers residing in the city and
the encroachments of pavements of the roads and had identified 81,255 hutments/pavements comprising
whether the principle of natural justice, viz, audi alteram 415,000 slum-dwellers. They were photographed and
partem requires to be followed and, if so, what is its identity cards were given to them so that they could get
scope and content? (2) Whether the appellant is under an the protection from removal until alternative
obligation to provide permanent residence to the accommodations were provided to them. Out of 81,155
hutment-dwellers and, if so, what would be the hutments, 1864 are pavement dwelling units. In furtherance
parameters in that behalf? thereof, they evolved several schemes.
(10 para f) On the other hand, if the corporation allows (19 para c) As per the sheme, the following are the benefits
settlement of encroachers for a long time for reasons provided in the slum areas for the hutment dwellers;
best known to them, and reasons are not far to seek, (i) House-to-house water supply
then necessarily a modicum of reasonable notice for
(ii) House-to-house drainage connections
removal, say two weeks or 10 days, and personal service
on the encroachers or substituted service by fixing notice (iii) Full pavement of internal street
on the property is necessary. (iv) Individual toilet
(v) Provision of storm water drain
(11 para a) It is not in dispute that Rakhial Road is one
of the important main roads in the city of the appellant- (vi) Solid waste management services
Corporation and it needs removal of encroachment for (vii) Street light, etc.
115 The judgments

Beside the physical services, a package of community (8 para d) Article 11(1) of the International Convenant
development services is also offered which includes; on Economic, Social and Cultural Rights laid down that
the State Parties to the Covenant recognise the “right to
(i) Primary education
everyone to an adequate standard of living for himself
(ii) Primary health care and for his family including food, clothing and housing
(iii) Income-generating activities,etc. and to the continuous improvement of living conditions”.
The State Parties will take appropriate steps to ensure the
(19 para g) With a view to provide these services in the
realisation of these rights. Recognising these obligations
slums and chawls situated on private lands, an amendment of the State and to give effect to the essential importance
has also been proposed to the State government in the BPMC of international cooperation, the directions contained in
Act to enable the corporations to provide all essential services Articles 38, 39 and 46, the housing scheme for allotment
in the slums situated on the private lands without prejudice to lower income group of the people was made.
to the right, title and interest of the owner of the land and Possession of real property is the basis for and the symbol
without affecting their rights to remove such hutments by of wealth and influence in society. To the poor, settlement
following due process of law. with a fixed abode and right to residence guaranteed by
( 28 para c) As a facet thereof, housing accommodation Article 19(1)(e) remain more a teasing illusion unless the
also would be evolved and from that respective budget State provides them the means to have food, clothing
allocation the amount needed for housing and shelter so as to make their life meaningful and worth
accommodation for them should also be earmarked living with dignity.
separately and implemented as an ongoing process of
(11 para f) It is, therefore, imperative of the State to
providing facilities and opportunities including housing
provide permanent housing accommodation to the poor
accommodation to the rural or urban poor and other
in the housing schemes undertaken by it or its
backward classes of people.
instrumentalities within their economic means so that they
(30 para e) Therefore, the mere fact that the encroachers could make the payment of the price in easy instalments
have approached the court would be no ground to and have permanent settlement and residence assured
dismiss their cases. The contention of the appellant- under Articles 19(1)(e) and 21 of the Constitution.
corporation that the intervention of the court would give
impetus to the encroachers to abuse the judicial process M/s Shantistar Builders vs Narayan
is untenable. Khimala Totame and Others
(1990) 1 Supreme Court Cases 520
(30 para f) But if they allow the encroachers to remain (Before Ranganath Misra, PB Sawant and
in settled possession sufficiently for a long time, which K Ramaswamy, JJ)
would be a fact to be established in an appropriate case, M/s Shantistar Builders ….. Appellant
necessarily suitable procedure would be required to be Versus
adopted to meet the fact-situation procedure would be Narayan Khimalal Totame and Others .. Respondents
required to be adopted to meet the fact-situation and
that, therefore, it would be for the respondent concerned Civil Appeal No 2598 of 1989*, decided on January 31, 1990
and also for the petitioner to establish the respective claims (9) Basic needs of man have traditionally been accepted
and it is for the court to consider as to what would be
to be three-food, clothing and shelter. The right to life is
the appropriate procedure required to be adopted in the
guaranteed in any civilised society. That would take within
given facts and circumstances.
its sweep the right to food, the right to clothing, the right
PG Gupta vs State of Gujarat to decent environment and a reasonable accommodation
to live in. The difference between the need of an animal
1995 Supp (2) Supreme Court Cases 182
and a human being for shelter has to be kept in view. For
(Before K Ramaswamy, S Mohan and N Venkatachala, JJ)
the animal it is the bare protection of the body; for a
PG Gupta …. Appellant
human being it has to be a suitable accommodation, which
Versus
would allow him to grow in every aspect—physical,
State of Gujarat and Others …. Respondents
mental and intellectual. The Constitution aims at ensuring
Civil Appeals No 1529 of 1988 with Nos 1525-1528 of fuller development of every child. That would be possible
1988 Decided on December 14, 1994 only if the child is in a proper home. It is not necessary

that every citizen must be ensured of living in a well-built people. That term finds place in Article 46 of the
comfortable house but a reasonable home particularly Constitution and Section 21 uses the same language.
for people in India can even be mud-built thatched house ‘Weaker sections’ have, however, not been defined either
or a mud-built fire-proof accommodation. in the Constitution or in the Act itself. An attempt was
made in the Constituent Assembly to provide a
(10) With the increase of population and the shift of the definition but was given up. Attempts have thereafter
rural masses to urban areas over the decades the ratio of been made from time to time to provide such definition
poor people without houses in the urban areas has rapidly but on account of controversies, which arise once the
increased. This is a feature which has become more exercise is undertaken, there has been no success. A
perceptible after Independence. Apart from the fact that suggestion for introducing economic criterion for
people in search of work move to urban agglomerations, explaining the term was made in the approach to the
availability of amenities and living conveniences also Seventh Five Year Plan (1985-1990) brought out by the
attract people to move from rural areas to cities. Planning Commission and approved by the National
Industrialisation is equally responsible for concentration Development Council and the union Government. A
of population around industries. These are features, which lot of controversy was raised in Parliament and the
are mainly responsible for increase in the homeless urban attempt was dropped. In the absence of a definition
population. Millions of people today live on the perhaps a proper guideline could be indicated but no
pavements of different cities of India and a greater serious attention has been devoted to this aspect.
number live animal-like existence in jhuggies.
(13) In recent years on account of erosion of the value
(11) The Planning Commission took note of this of the rupee, rampant prevalence of black money and
situation and was struck by the fact that there was no dearth of urban land, the value of such land has give up
corresponding rise in accommodation with the growth sky-high. It has become impossible for any member of
of population and the shift of the rural people to the the weaker sections to have residential accommodation
cities. The growing realisation of this disparity led to anywhere and much less in urban areas. Since a reasonable
the passing of the Act and acquisition of vacant sites residence is an indispensable necessity for fulfilling the
for purposes of housing. Considerable attention has constitutional goal in the matter of development of man
been given in recent years to increasing accommodation and should be taken as included in ‘life’ in Article 21,
though whatever has been done is not at all adequate. greater social control is called for and exemptions granted
The quick growth of urban population overshadows under Sections 20 and 21 should have to be appropriately
all attempts of increasing accommodation. Sections 20 monitored to have the fullest benefit of the beneficial
and 21 of the Act vest power in the State governments legislation. We, therefore, commend to the central
to exempt vacant sites from vesting under the Act for government to prescribe appropriate guidelines laying
purposes of being taken over if housing schemes are down the true scope of the term ‘weaker sections of the
undertaken by owners of vacant urban lands. Section society’ so that everyone charged with administering the
21 specifically emphasises upon weaker sections of the statute would find it convenient to implement the same.
* From the Judgment and Order dated December 12, 1988 of the Bombay High Court in WP No 4837 of 1987
117 The judgments

section five
h o u sin g le gislatio n s
acts, regulations, policies and amendments

Housing Legislations
T
he Constitution of India has given specific The process of land acquisition accelerated after the
directions to all the states for the fulfilment of formulation and implementation of the First Five-Year
the minimum basic rights of its citizens including Plan in 1951. Large tracts of land were acquired for
habitat, health and primary education. Making it obligatory irrigation, hydro-electricity dams, iron, steel and other
for all the Indian projects in the public
states to pay specific sector. All this was
attention towards the done in the name of
poor and ensure their national development.
The involuntarily
preference for a
displaced persons
sustainable human
were given meagre
development compensation and left
programmes. It is on to find out ways for
these directives the their rehabilitation.
Centre, state and Most of these project-
urban local bodies affected people are
(ULBs) have framed laws policies and regulations. now living in slums of urban cities.
This section deals with laws, policies, Acts and regulations The Housing and Urban Land (Ceiling &
focusing on habitat needs. There are also anti-poor laws, Regulation) Act, 1976
which have its negative ramifications, though the After Independence, land reform laws were enacted in
constitution has provided specific directions to all the various states in India. With increasing influx of urban
states for the fulfilment of minimum basic rights including population, the importance of urban land became prime.
habitat, health and primary education. Thus, it is obligatory Rise in urban land prices and lack of affordability by the
for all the Indian states to pay specific attention towards majority became quite common. Few people held large
the poor and ensure their preference for a sustainable parcels of urban land, invariably kept vacant for
human development programmes. speculation. It was in this context that the government
The Land Acquisition Act, 1894 of India felt urgent need to impose social control on
land and bring about legislation. Thus was enacted the
The Land Acquisition Act was introduced in 1894. This
Urban Land (Ceiling & Regulation) Act of 1976.
is an Act for the acquisition of the land for public purpose
and for companies. The Act with several amendments The purpose of this Act was to make land available for
made later is still the law in force. The most important housing to the poor. Section 20 of the Act also had
deficiency of this Act is that it was enacted during the provisions for the owners of excess land to construct
colonial regime that firmly believed in the doctrine of houses for the poor and sell them at affordable rates.
eminent domain defined as the power of the government The owners could also use the land to construct hospitals,
to take private property for public use regardless of the schools, etc., for the welfare of the public in general.
owners' views on this matter. This doctrine was followed
even after Independence.
The Repeal of the Urban Land Ceiling Act, 1998
It was the former minister of urban development, Ram
There were a number of protests against the acquisition Jethmalani, who spearheaded a vicious drive to repeal
of lands under this Act before and after Independence. the Urban Land (Ceiling & Regulation) Act, 1976. A
121
false impression was created that the repeal would release and objections against the repeal to the SC Rastogi
large tracts of land for the housing sector. But this was a committee of Parliament, ministry of urban affairs,
mischievous ploy backed by the PBiGs and landlords. employment and urban development that was in-charge
As a result, the sale of land in the open market resulted in of the ULCRA, 1976, at Room No. 433, Parliament
denying housing access to the city’s poor inhabitants. House in New Delhi.
In June 1998, the ULCRA was completely scrapped. The Slum Areas (Clearance and Improvement) Act
ostensible reason given was that the Act had led to The Slum Areas (Clearance and Improvement) Act of
distortions in the land market. More specifically various 1956 was enacted to provide for the improvement and
reports have suggested that the main “distortion” was clearance of the slum areas in certain union territories
the freezing of large parcels of land in legal disputes. and for the protection of tenants in such areas from
eviction. This Act was further enacted by the states in
To tackle this problem, there was a need to plug all those India in the 1970s.
loopholes in the laws, which were being used by landlords
to stall its implementation. The provisions of the Act cover the following areas:
1) Power to declare areas as slums
In fact, the 1996-97 report of the ministry of urban affairs 2) Improvement of the slum areas
and employment stated that a committee had been 3) Restriction on building in slum areas and power to
constituted to “expedite the process of finalisations of demolish
proposals for amending the Act”. But before the 4) Clearance and redevelopment
committee could make any decisions, the government 5) Acquisition of land for improvement/
repealed the Act as part of its wholesale marketisation redevelopment
crusade. The ULCRA thus stands repealed in the union 6) Protection of tenants in the slum areas from eviction
territories as well as in most of the states in India.
Prima facie, the provisions of this Act appeared to be in
Consequently, large sections of the urban poor and middle favour of the urban poor. However, in practice, the Act has
classes are being deprived of access to urban property. failed in achieving the objective for which it had been enacted.
Urban lands for parking black wealth and for speculative
Any area can be declared as a slum area by the competent
gains have now become even more attractive.
authority. Once the declaration is done, the competent
The negative consequences appear quite serious. With the authority has the power to carry out repairs. Authority
repeal, there will be no bar on the amount of urban may restrict any kind of building activity in the area and
vacant land a person can hold. This would obviously may permit the same if the owner seeks permission.
lead to a situation where the rich and powerful will start
The Minimum Wages Act, 1948
purchasing large chunks of land on the periphery of cities.
(i) In respect of housing, the rent corresponding to the
The stated objective of bringing about an equitable
minimum area provided for under government's
distribution of land, a unique asset and wealth creator,
industrial housing scheme should be taken into
has instead led to more speculation.
consideration in fixing the minimum wage.
The result is that the poor groups have now no alternative
(ii) Fuel, lighting and other 'miscellaneous' items of
but to continue living on (untenable) land in blighted areas
expenditure should constitute 20 percent of the total
with the fear of forced and multiple displacements.
minimum wage.
World Bank
Keeping in view the socio-economic aspect of the wage
The World Bank assisted Environmental Management
Plan had recommended repeal of the ULCRA and during structure, the Supreme Court observed that it was
the budget session on June 12, 1998 the Indian necessary to add the following additional component as
government was eager to oblige by passing the repeal a guide for fixing the minimum wage in the industry:
bill. Sixty-four Members of Parliament had objected to "(vi) Children’s education, medical requirement, minimum
the bill and submitted a memorandum to the prime recreation including festivals/ ceremonies and provision for
minister. Ram Jethmalani, who was the then urban old age, marriages, etc., should further constitute 25 percent
development minister, was further snubbed when the of the total minimum wage."
parliamentary standing committee refused him a hearing.
The activists and non-government organisations involved Fair wages: Upward revision, when necessary
in the housing rights issues also submitted their suggestions "Fixation of a wage structure is always a delicate task because

a balance has to be struck between the demands of social justice The Draft National Slum Policy
which requires that the workmen should receive their proper The draft National Slum Policy envisages cities without
share of the national income which they help to produce with a slums. Towards fulfilment of this vision, the policy adopts
view to improving their standard of living and the depletion an approach of in-situ upgradation and improvement.
which every increase in wages makes in the profits as this tends It recommends clearance only in exceptional circumstances.
It, therefore, talks of urban growth with equity and justice
to divert capital from industry into other channels thought to be
and makes a plea for greater participation of communities
more profitable. and the civil society in all areas of planning, capacity
"It sets the lowest limit below which wages cannot be allowed building and development. Correspondingly, it proposes
to sink. The second principle is that wages must be fair, a series of interventions with regard to definitions, tenure,
that is to say, sufficiently high to provide a standard family planning, economic empowerment, governance,
management, shelter upgradation, etc.
with food, shelter, clothing, medical care and education of
children appropriate to the workman but not at a rate The governing principles of the Draft National
exceeding his wage earning capacity in the class of Slum Policy are as follows:
establishment to which he belongs. The endorsement of an upgrading and improvement
approach in all slums and the acceptance of the necessity
"Fair wage' is not 'living wage' by which is meant a wage, of slum clearance in the defined circumstances.
which is sufficient to provide not only the essentials above- Recognition that households in all urban informal
mentioned but also a fair measure of frugal comfort with settlements should have access to certain basic
an ability to provide for old age and evil days. Fair wage minimum services irrespective of land tenure or
lies between the minimum wage, which must be paid in any occupancy status.
event, and the living wage, which is the goal. The goal that planning in all cities should have the
"The Supreme Court further observed that “the wage objective of creating cities without slums.
structure, which approximately answers the above six The objective of ensuring that urban growth takes
components is nothing more than a minimum wage at place with equity and distributive justice.
subsistence level. The employees are entitled to the minimum The intention that urban local bodies should work in
wage at all times and under all circumstances. An employer collaboration with all other stakeholders to enhance
who cannot pay the minimum wage has no right to engage the impact of slum development through building
labour and no justification to run the industry." the capacities of the poor and empowering them to
improve their own living conditions.
The National Housing and Habitat Policy The adoption of a more enabling approach to the
The first National Housing Policy draft was introduced
delivery of basic social services to the poor as a result
in January 1987. Though this advocacy was blatantly anti-
of more effective mobilisation of community resources
working class, it mentioned housing for the poor in a
and skills to complement public resource allocation.
token manner.
A greater participation of communities and civil society in
The second National Housing and Habitat Policy (NHHP) all areas of planning, capacity building and development.
was formulated in 1998. The Policy was laid before
Parliament on July 29, 1998. The Government’s national The draft policy is however silent over the ways in which
agenda had declared ‘Housing for All’ as a priority area such goals could be realised. Also, the definition of all
and had decided to focus on the housing needs of all under-served and serviced lands as slums will hinder and
citizens in general, especially, the lower income groups deny the most needy and vulnerable from having access
and the deprived. It was observed that 'the objectives of to resources for upgradation and improvement.
the policy would be carried out through time bound
initiatives at all levels of government.' The Maharashtra Slum Areas (Improvement,
Clearance and Redevelopment) Act, 1971
The government had set a target of constructing two The Government of Maharashtra amended the
million houses every year in rural and urban centres out of Maharashtra Slum Areas (Improvement, Clearance and
which 0.7 million houses were supposed to be constructed Redevelopment) Act, 1971 to provide for the creation
in the urban centres. But these targets are still only on paper. of Slum Rehabilitation Authority (SRA) with a
123 Housing legislations

chairperson, a chief executive officer and fourteen other collected by the society. A suitable developer is to be
members. The SRA was created by the government appointed by the society by a general body resolution. The
notification dated December 16, 1995 to function with developer will appoint professionals like architect, licenced
effect from December 25, 1995. The chief minister of surveyor, structural engineer, etc. The developer will enter
Maharashtra is the chairperson of the SRA and a super into individual agreements with all the slum dwellers
time scale IAS officer is full time chief executive officer agreeing to particpate in the scheme.
of the authority. The fourteen other members include
ministers, elected members of the state legislature, Apart from this, there are three types of slum rehabilitation
secretaries of the concerned departments of the state schemes, which are as per the provisions of different
government and some non-official members who are sections of Development Control Regulations.
experts in the field of building construction, planning, Under provisions of the Development Control
architecture and social services, etc. Regulations number-33 (10), which is also called in-situ
All slum dwellers residing on the plot prior to January 1, scheme, the slums are rehabilitated on the same site.
2005 and in use of the structure are eligible for rehabilitation. Under the provisions of the Development Control
At least 70 percent of the slum dwellers in a slum unit are Regulations number-33 (11), which are also called the PAP
to be brought under a slum dwellers cooperative housing scheme, an owner of the vacant unencumbered land can
society. The share capital of rupees 50 per member and use it for construction of the PAP tenements for which he
rupee one as entrance fee is to be collected from them. is compensated by the TDR for land and for construction.
This is then to be deposited in the name of the proposed
housing society in the Mumbai District Central Co- Under provisions of the Development Control
operative/ Maharashtra State Co-operative Bank Limited. Regulation number-33 (14), which are also called transit
The documents regarding the title of the land are to be scheme, the landowner is allowed to consume the existing
The TDRs mechanism to acquire land to resettle the displaced persons

The concept of Transfer of Development Rights (TDRs) was introduced in the 1991 Development
Control Rules of the Bombay Municipal Corporation to permit the cash-starved administration to acquire
private land reserved for the public purposes such as roads, playgrounds, parks and slum rehabilitation.
According to the MUTP R&R Policy, land may be acquired in two ways. Under provision 8 (a), the
government may acquire land and compensate landowners and lessees in accordance with the Land
Acquisition Act, which provides for normal compensation or the issuance of the TDRs. Alternatively,
under provision 8 (b), the TDRs are also available to developers who build and hand over free of cost
dwelling units for R&R. Thus, the two groups to whom the TDRs are mainly available are (1) landowners
and lessees who receive them as compensation for acquiring land for the project under the Land Acquisition
Act 320; and (2) developers who agree to build and handover free of cost dwelling units for the R&R.
The TDRs and density restrictions are measured and allocated on the basis of “Floor Space Index”
(FSI). The permissible FSI defines the development rights for parcels of land in Mumbai. The amount
of the FSI allocated in the form of the TDRs is greater for “lands reserved for resettlement” than for
lands in “residential zones.” In “lands reserved for resettlement” the landowner secures the TDRs
equivalent to the “Floor Space Index” of the area constructed multiplied by a factor of 2.5. Thus, he or
she may develop 100 square metres of floor space as housing for resettled people, thereby generating
250 square metres of the TDRs. In residential zones, the additional TDRs beyond current restrictions
of up to 1.5 FSI are permitted, as long as one half of the additional area developed for housing is
allocated to resettled populations free of charge.
The TDRs may be used in several way: 1) to develop the additional FSI on the same site beyond the
density level otherwise allowed by current land use restrictions; 2) to develop such real estate at levels
that would otherwise be disallowed by applicable land use restrictions; or 3) to sell to another landowner
who wishes to use them to develop the land at levels of density that would otherwise not be permissible.
The bank management sees this approach of financing resettlement sites through creation of the
TDRs is as an “innovative” system. However, the use of the TDRs in the MUTP has also been criticised.
The Requesters and other PAPs allege that the TDR approach provides a vehicle for corruption. Other
voices claim that these “slum TDRs” on the market deflate the value of the TDRs.
Source: MUTP – Inspection Panel Report, p 96

FSI potential of the land owned by him. The additional In 1984, the then Madhya Pradesh Chief Minister Arjun
potential of 1.5 for suburbs, 1.66 for difficult area and Singh announced that the landless families occupying
1.00 for island city (only for government or public sector government land for residential purpose on or before
plots) are granted under this scheme. April 10, 1984 were entitled to leasehold rights at their
places of residence. Some of them that were shifted
The Madhya Pradesh Housing Policy
were provided equal area of land at the relocated site. A
The Housing Policy proposed by the central government
strict law was imposed in the state to deter those who
keeps a target of twenty lakh houses to be built each year
attempted to violate or displace urban poor by making
for the weaker sections all over the country. In the new
them liable for imprisonment of up to two years. Thus,
housing policy, it is proposed that in the main cities the
Madhya Pradesh was the first state to implement pro-
government land, which is not being used, will be utilised
poor town planning regulations effectively.
for the commercial purposes.
On June 10, 1998, Chief Minister Digvijay Singh
As things presently stand, most of these lands are
amended the 1984 Patta Act and extended the cut-off
occupied by the slum dwellers. Under the scheme of the
date to May 31, 1998 for providing leasehold rights to
new MP housing policy, pucca houses will be built for
the landless persons holding government land for
the slum dwellers on a small portion of occupied land
residential purpose on the said date. The amendment
near the high-rise buildings. The builders for constructing
also provided rules for providing joint land certificates
commercial complexes will use the lands freed during
in the name of both women and men. The residents’
this process. To promote private builders, this policy is
committees were also formed under these rules but the
going to make provisions for relaxation in rules so as to
powers of the bureaucrats to evict the dwellings of even
allow builders to generate optimal profits.
the permanent leaseholders were substantially increased.
Based on the above model, a scheme has been proposed
by the Indore Development Authority in scheme number The policy on urban land development
114. Here 600 families with permanent pattas have been The monopoly of the development authority over urban
residing for several years. According to the development land development in Delhi was abolished by a notification
authority, this scheme will serve as a model scheme for dated June 20, 1998. The effect was not limited to Delhi
initiating such schemes elsewhere. alone but to all urban centres. Over the past few decades,
the Delhi Development Authority model of
Effect on the vulnerability of the established slums due administration had been replicated with minor
to this policy. modifications all over the country. The central
* These kinds of high-rise structures with small housing government’s decision to deprive the development
units do not suit the life and occupation of a slum authority of its key role in land development means that
dweller. Further scarcity of water, electricity and such in the years to come the central government may bring
basic amenities will add to the problems. about a complete change in the process of urban
development in the country.
* This scheme will reduce the availability of land to the
urban poor as a whole. Presently, 50 percent of the In effect, the government has virtually handed over the
population living in the slums possesses less than five task of urban development throughout the country to
percent of the land used as shelters. the real estate lobby. Also, 'farm house' owners, generally
rich businessmen who had acquired agricultural land near
* In Indore, such schemes are being proposed in big cities for speculative purposes with their illegal income,
established slums where residents have a tenure right. can now make huge profits.
The Patta Act and corresponding rules and The contention of the housing rights groups is that just
regulations (Madhya Pradesh) because the development authorities had not been
The town plans in Madhya Pradesh were first formulated functioning effectively it does not mean that all regulation
in mid-1970s. One of the prime objectives of these of public land and urban development should be
Master Plans was to provide affordable lands for housing jettisoned. The main problem is that they have failed to
the weaker sections. But for decades, these provisions provide sufficient land to the urban poor and the needy
have not been effectively implemented resulting in the due to their misplaced priorities. Instead of concentrating
proliferation of slums in the major cities of the state. on land development, which by its very nature is a job
125 Housing legislations

suited to the public sector alone, the DDA was over and municipal corporations. It is the decision of the state
extending itself by constructing and maintaining houses concerned to decide which area will have what kind of
and commercial buildings. The result was that the pace municipal body. Moreover, when a municipal area has a
of land development and release was too slow, pushing population of less than three lakhs, then the municipal
up the price of urban land. Millions of urban poor are council will be constituted by wards, which in turn will
therefore living in blighted areas and are unable to afford be supervised by ward committees. An important
land for their residential needs. Thus, it has forced provision of the amendment is the grant of a five-year
thousands of poor people to live on pavements and term to the municipalities with the opportunity to be
streets in Indian cities. heard first if they are to be dissolved or superseded.
Foreign investment The 74th Amendment Act mandates major structural changes
Any foreign company owned by the non-residential Indians in local governance in order to restore the rightful place of
(NRI) or persons of Indian origin (PIO) would in future municipalities as democratic units in the present system of
have the right to acquire and develop urban land, engage governance and empower people at the grassroots by
in construction and sale of residential and commercial enabling their participation in the decision-making.
buildings and even enter housing finance activities.
Unfortunately, the 74th amendment is silent on the possible
The poor and the middle class will be deprived of even change in institutional design, especially as to whether there
the limited access they have to the urban land and hence will be a strong mayoral system or a more people oriented
witness an increase in their vulnerability. Competitive
form of local governance. Further, in mega cities such as
speculators and the land mafia will push up the prices of
Mumbai, which also happen to be the showcase cities
a fixed entity like land. These foreign investments if
for the state governments, in many matters related to
invited, will try to optimise their profits by creating artificial
scarcity in the housing and land market. Further, the entire lands and infrastructure investments, it is the state
process of town planning is likely to break down government that takes the decision. Hence, it was the
completely under the pressure of rival real estate lobbies. chief minister of Maharashtra who willed and pursued
the massive demolition drive and not the mayor of the
The 74th amendment to the Constitution city. The municipal commissioner who is the state
The amendment gives urban local self-government a government's representative in the municipal corporation
constitutional status as the third tier in the federal system carried out the demolitions. In all these, there was no
of governance. It strengthens the municipalities so that voice heard of the city mayor. In essence, there is limited
they have the institutional capability to deal with problems decentralisation in case of such mega cities. Nonetheless,
of urbanisation. a ward level structure of governance has been created in
the Mumbai city, which can be used for preparing local
Three types of bodies have been provided in the 74th area plans, that is ward level plans, for including slum
Amendment – the nagar panchayats, municpal councils dwellers into the planning processes.

section six
th e in te rn atio n al
in stru m e n ts
international instruments, housing rights case laws,

united nations housing rights programmes,
guidelines on development-based evictions and displacement
The international laws
Binda Sahni
T
he right to adequate housing is enshrined in several despite the instructions in Article 51 of the Constitution
international human rights instruments. Indeed, of India, which the Supreme Court of India asserts is a
housing rights are not a new development within requirement for legislative and executive conformity to
the human rights field, but rather have been long-regarded the principles established in international covenants.
as essential to ensuring the well-being and dignity of the (Sources: http://www.unesco.org/human_rights/dcj.htm)
human being.
UN Treaties and Guidelines
Housing rights are integral to the whole of human rights UN treaties and guidelines that can apply to India (re.:
in general and have been included in the most authoritative Right to Housing and its accompanying entitlements w/
international statements regarding human rights including in the Right to Life; These provisions are relevant also if
the Universal Declaration of the right to adequate housing and
Human Rights (1948). alternative arrangements are
denied / unfair eviction occurs and
Housing rights are also enshrined
procedural rights are breached in
and protected within other
the process)
international human rights
instruments, including: 1.Universal Declaration of
Human Rights (UDHR), GA
• The International Convention
Res 217A, UN Doc A/810 (Dec
on the Elimination of All
10, 1948)
Forms of Racial Discrimination
(1965) A. 25(1): Everyone has the right
• The Convention on the to a standard of living adequate for
the health and well-being of
Elimination of All Forms of
himself and his family, including
Discrimination Against Women food, clothing, housing and
(1979) medical care and necessary social services…
• The Convention on the Rights of the Child (1989)
B. A 3: Everyone has the right to life, liberty and security
• The Convention Relating to the Status of Refugees of person.
(1959), and
C. A 2: Everyone is entitled to all the rights and freedoms
• The International Convention on the Protection of the set forth in this Declaration, w/o distinction of any
Rights of All Migrant Workers and Members of Their kind, such as race, colour, sex, language, religion,
Families (1990). political or other opinion, national or social origin,
property, birth or other status.
India became a State Party to the International Covenant
on Economic, Social and Cultural Rights (hereafter D. A 5: No one shall be subjected to torture or to
ICESCR) on July 10, 1979. Although Articles 16 and 17 cruel, inhuman or degrading treatment or
of the ICESCR require State Parties to submit periodic punishment.
reports on “the measures they have adopted and the
E. A 6: Everyone has the right to recognition everywhere
progress made in achieving the observance of the rights
as a person before the law.
recognised” in the Covenant, India is now three reports
overdue in submitting to the Committee on Economic, F. A 7: All are equal before the law and are entitled w/
Social and Cultural Rights (hereafter the Committee). This o any discrimination to equal protection of the law.
129
All are entitled to equal protection against any and in accordance with the organisation and resources
discrimination in violation of this Declaration and of each State, of the economic, social and cultural
against any incitement to such discrimination. rights indispensable for his dignity and the free
development of his society.
G. A 8: Everyone has the right to an effective remedy
by the competent national tribunals for acts violating [eg as supported by Art 21 case law and applicable
the fundamental rights granted him by the to the Articles and examples below]
constitution or by law. Q. A. 23
H. A 9: No one shall be subjected to arbitrary arrest, (1) Everyone has the right to work, free choice of
detention, or exile. employment, to just and favourable conditions of
work and to protection against unemployment.
I. A 10: Everyone is entitled in full equality to a fair
[eg if someone is evicted and relocates which requires
and public hearing by an independent and impartial
him/her to lose the current job, or, have higher
tribunal, in the determination of his rights and
transport costs to go to work or find something at
obligations and of any criminal charge against them. a lower pay]
J. A 11 (1) Everyone charged with a penal offence has R. A 25
the right to be presumed innocent until proved guilty (1) Everyone has the right to a standard of living
according to law in a public trial at which he has had adequate for the health and well-being of himself
all the guarantees necessary for this defence. and of his family, including food, clothing, housing
(2) No one shall be held guilty of any penal offence on and medical care and necessary social services, and
account of any act or omission, which did not constitute the right to security in the event of unemployment,
a penal offence, under national or international law, at sickness, disability, widowhood, old age or other lack
the time when it was committed. Nor shall a heavier of livelihood in circumstances beyond his control.
penalty be imposed than the one that was applicable at [e.g. forced eviction]
the time the penal offence was committed.
(2) Motherhood and childhood are entitled to special
[e.g. so no retroactive, ex post facto, nullen crimen care and assistance. All children, whether born in or
sine lege application of the law] out of wedlock, shall enjoy the same social protection.
K. A 12: No one shall be subjected to arbitrary [eg children as victims of forced eviction have a
interference with his privacy, family, home or special status in their own right; also see the
correspondence, nor to attacks upon his honour and Convention on the Rights of the Child]
reputation. Everyone has the right to the protection
S. A 26 (1): Everyone has the right to education…
of the law against such interference or attacks.
[eg a schoolchild who is forced to relocate will have
L. A 13 (1): Everyone has the right to freedom of to change schools if possible. See Eviction Watch
movement and residence within the borders of each example p. 37 where the children could not afford
state. to go their original school because relocation meant
M. A 17 (2): No shall be arbitrarily deprived of his that the parents had to take lower paying jobs]
property.
T. A 29 (2): In the exercise of his rights and freedoms,
[eg if someone/a family had paid a deposit everyone shall be subject only to such limitations as
beforehand to secure a space in the slum for the are determined by law solely for the purpose of
purpose of residing there] securing due recognition and respect for the rights
and freedoms of others and of meeting the just
N. A 20(1): Everyone has the right to freedom of
requirements of morality, public order and the
peaceful assembly and association.
general welfare in a democratic society.
O. A 21(2): Everyone has the right of equal access to
public service in his country. U. A 30: Nothing in this Declaration may be interpreted
as implying for any State, group or person any right
P. A 22: Everyone, as a member of society, has the to engage in any activity or to perform any act aimed
right to social security and is entitled to realisation, at the destruction of any of the rights and freedoms
through national effort and international co-operation set forth herein.

[e.g. These provisions address state liability directly. [So there is a sort of ‘reasonable limit’ clause
Did the state exercise due diligence in requiring depending on the state’s “maximum available
demolition and/or relocation? resources.”]
Also note that ‘group’ or ‘person’ could refer to [Yale: 1. Non-retrogression in realisation of
corporate entities that encourage demolitions with rights
the state’s cooperation for their own commercial In its General Comment 3, the CESCR found that even
interest] with the qualifications of “progressive realisation” and
maximum available resources,” State Parties have two
2. International Covenant on Economic, Social and
key obligations that are significant for our purposes. First,
Cultural Rights (ICESCR), GA Res 2200A (XXI) (Dec. states have the obligation not to adopt “deliberately
16, 1966) retrogressive measures” that would run counter to
India ratified the ICESCR on April 10, 1979 without “progressive realisation” of recognised rights. Because
making any reservations to Article 11. This means that the Covenant requires the States “to move…towards that
India theoretically recognises adequate housing as a part goal [of full realisation], the CESCR finds that “any
of the right to an adequate standard of living and should deliberately retrogressive measures…would need to be
implement that obligation subject to Article 2. fully justified by reference to the totality of the rights
A. A 11: State Parties to the present Covenant recognise provided for in the Covenant and in the context of the
the right of everyone to an adequate standard of full use of available resources.” Therefore, any step that
living for himself and his family, including adequate moves away from full realisation of the right to adequate
food, clothing and housing, and to the continuous housing can only be justified in reference to the other
improvement of living conditions. State Parties will rights provided for in the Covenant and not by other
take appropriate steps to ensure the realisation of this state purposes, and then only if no other resources are
right, recognising to this effect the essential importance available to avoid this result.
of international co-operation based on free consent. 2. Minimum core obligation to provide
Note that the Committee on Economic, Social and essential rights
Cultural Rights (CESCR) has issued a series of Second, according to the CESCR, states have a “minimum
General Comments re. States’ obligations. CESCR core obligation” to “ensure the satisfaction of…minimum
General Comment 3: The Nature of State Parties’ essential levels of each of the rights.” Any state party “in
Obligations (Art 2, para 1 of the Covenant) (1990), which any significant number of individuals is deprived
the right to adequate housing, CESCR General of essential foodstuffs, of essential primary health care,
Comment 4: The Right to Adequate Housing (Art of basic shelter and housing, or of the most basic forms
11(1) of the Covenant (1991), and the specific issue of education” is considered to be “prima facie, failing to
of forced evictions, CESCR General Comment 7: discharge its obligations under the Covenant.” The
committee notes that if the ICESCR is read “not to
The Right to Adequate Housing (Art 11.1 of the
establish such a minimum core obligation” the result would
Covenant): Forced Evictions (1997). I have
“deprive [it] of its raison d’etre.” While determining the
reproduced the comments in full after citing the
extent of this obligation can “take account of resource
relevant Articles. This is followed by the Yale-
constraints applying within the country concerned” (emphasis
Lowenstein comments on the CESR Reports have added), a state that “attribute[s] its failure to meet…its
been identified as [Yale: ...] minimum core obligations to a lack of available resources
B. A 2 (1): Each State Party to the present Covenant must demonstrate that every effort has been made to use
undertakes to take steps, individually and through all resources that are at its disposition in an effort to satisfy,
international assistance and co-operation, especially as a matter of priority, those minimum obligations.”
economic and technical, to the maximum of its From this perspective, States’ Parties obligations under Art
available resources, with a view to achieving 2.1 are not merely aspirational. A state where a significant
progressively the full realisation of the rights number of persons are deprived of basic shelter is violating
recognised in the present Covenant by all appropriate its obligations under the ICESCR unless the state can show
means, including particularly the adoption of that it has made, as a priority, every effort, using all available
legislative measures. resources within the country, to satisfy the right to adequate
131 The international laws

housing. Moreover, any deliberate state action that increases 1979, the committee and its predecessors have
this deprivation violates the ICESCR unless it is justified in examined 75 reports dealing with the right to adequate
terms of the other rights recognised by the Covenant. A housing. The committee has also devoted a day of
state’s lack of resources within a particular political general discussion to the issue at each of its third (see
subdivision (such as the VMC), or its purposes or priorities E/1989/22, para 312) and fourth sessions (E/1990/
outside those of fulfilling its obligations under the Covenant 23, paras 281-285). In addition, the committee has
(such as improving transportation) cannot possibly justify taken careful note of information generated by the
denial of basic housing. Since the travel by roadway is not International Year of Shelter for the Homeless (1987)
a right recognised by the ICESCR (except perhaps indirectly including the Global Strategy for Shelter to the Year
as necessary to the exercise of 2000 adopted by the General
Art 5’s recognition of the Right Assembly in its resolution 42/
to Work), one might be able 191 of 11 December 1987 1/
to argue that neither the VMC’s . The committee has also
purpose for its eviction, nor the reviewed relevant reports and
claim that it lacks alternative other documentation of the
land for housing can justify Commission on Human
denial of shelter.] Rights and the Sub-
Commission on Prevention
A 11: State Parties to the
of Discrimination and
present Covenant recognise Protection of Minorities. 2/
the right of everyone to an
adequate standard of living 3. Although a wide
for himself and his family, including adequate food, variety of international instruments address the
clothing and housing, and to the continuous different dimensions of the right to adequate housing
3/
improvement of living conditions. State Parties will Article 11 (1) of the Covenant is the most
take appropriate steps to ensure the realisation of this comprehensive and perhaps the most important of
right, recognising to this effect the essential importance the relevant provisions.
of international co-operation based on free consent.
4. Despite the fact that the international community has
The right to adequate housing (Art11 (1)): 13/12/91 frequently reaffirmed the importance of full respect
CESCR General comment 4 (General Comments) [The for the right to adequate housing, there remains a
important principles in the CESR Report have been bolded. disturbingly large gap between the standards set in
Note that the first sentence of para 7 is probably the best- Article 11 (1) of the Covenant and the situation
known statement wrt interpreting A 11. The committee’s prevailing in many parts of the world. While the
viewpoint here is referred to often in other UN Reports] problems are often particularly acute in some
developing countries, which confront major resource
Convention Abbreviation: CESCR
and other constraints, the committee observes that
General comment 4
significant problems of homelessness and inadequate
The right to adequate housing
housing also exist in some of the most economically
(Art 11 (1) of the Covenant) (Sixth session, 1991)*
developed societies. The United Nations estimates
1. Pursuant to Article 11 (1) of the Covenant, State Parties that there are over 100 million persons homeless
“recognise the right of everyone to an adequate worldwide and over one billion inadequately housed
4/
standard of living for himself and his family, including . There is no indication that this number is
adequate food, clothing and housing, and to the decreasing. It seems clear that no State party is free
continuous improvement of living conditions”. The of significant problems of one kind or another in
human right to adequate housing, which is thus derived relation to the right to housing.
from the right to an adequate standard of living, is of
central importance for the enjoyment of all economic, 5. In some instances, the reports of State Parties
social and cultural rights. examined by the committee have acknowledged and
described difficulties in ensuring the right to adequate
2. The committee has been able to accumulate a large housing. For the most part, however, the information
amount of information pertaining to this right. Since provided has been insufficient to enable the

Committee to obtain an adequate picture of the 8. Thus the concept of adequacy is particularly significant
situation prevailing in the State concerned. This in relation to the right to housing since it serves to
General Comment thus aims to identify some of underline a number of factors which must be taken
the principal issues, which the Committee considers into account in determining whether particular forms
to be important in relation to this right. of shelter can be considered to constitute “adequate
housing” for the purposes of the Covenant. While
6. The right to adequate housing applies to everyone.
adequacy is determined in part by social, economic,
While the reference to “himself and his family”
cultural, climatic, ecological and other factors, the
reflects assumptions as to gender roles and economic
Committee believes that it is nevertheless possible to
activity patterns commonly accepted in 1966 when
identify certain aspects of the right that must be taken
the Covenant was adopted, the phrase cannot be
into account for this purpose in any particular
read today as implying any limitations upon the
context. They include the following:
applicability of the right to individuals or to female-
headed households or other such groups. Thus, the (a) Legal security of tenure: Tenure takes a variety
concept of “family” must be understood in a wide of forms, including rental (public and private)
sense. Further, individuals, as well as families, are accommodation, cooperative housing, lease,
entitled to adequate housing regardless of age, owner-occupation, emergency housing and
economic status, group or other affiliation or informal settlements, including occupation of land
status and other such factors. In particular, or property. Notwithstanding the type of tenure,
enjoyment of this right must, in accordance with all persons should possess a degree of security
Article 2 (2) of the Covenant, not be subject to of tenure, which guarantees legal protection against
any form of discrimination. forced eviction, harassment and other threats.
State Parties should consequently take immediate
7. In the Committee’s view, the right to housing
measures aimed at conferring legal security of
should not be interpreted in a narrow or tenure upon those persons and households
restrictive sense, which equates it with, for currently lacking such protection, in genuine
example, the shelter provided by merely having consultation with affected persons and groups.
a roof over one’s head or views shelter
exclusively as a commodity. Rather it should be (b) Availability of services, materials, facilities
seen as the right to live somewhere in security, and infrastructure: An adequate house must
peace and dignity. This is appropriate for at least contain certain facilities essential for health,
two reasons. In the first place, the right to security, comfort and nutrition. All beneficiaries
housing is integrally linked to other human of the right to adequate housing should have
rights and to the fundamental principles upon sustainable access to natural and common
which the Covenant is premised. This “the inherent resources, safe drinking water, energy for
dignity of the human person” from which the rights cooking, heating and lighting, sanitation and
in the Covenant are said to derive requires that the washing facilities, means of food storage, refuse
term “housing” be interpreted so as to take account disposal, site drainage and emergency services.
of a variety of other considerations, most (c) Affordability: Personal or household financial
importantly that the right to housing should be costs associated with housing should be at such a
ensured to all persons irrespective of income or level that the attainment and satisfaction of other
access to economic resources. Secondly, the reference basic needs are not threatened or compromised.
in Article 11 (1) must be read as referring not just to Steps should be taken by State Parties to ensure
housing but also to adequate housing. As both the that the percentage of housing-related costs is, in
Commission on Human Settlements and the Global general, commensurate with income levels. State
Strategy for Shelter to the Year 2000 have stated: Parties should establish housing subsidies for those
“Adequate shelter means ... adequate privacy, adequate unable to obtain affordable housing, as well as
space, adequate security, adequate lighting and forms and levels of housing finance, which
ventilation, adequate basic infrastructure and adequate adequately reflect housing needs. In accordance
location with regard to work and basic facilities - all with the principle of affordability, tenants should
at a reasonable cost”. be protected by appropriate means against

unreasonable rent levels or rent increases. In demands upon the budgets of poor
societies where natural materials constitute the chief households. Similarly, housing should not be
sources of building materials for housing, steps built on polluted sites nor in immediate
should be taken by State Parties to ensure the proximity to pollution sources that threaten
availability of such materials. the right to health of the inhabitants.
(d) Habitability: Adequate housing must be (g) Cultural adequacy: The way housing is
habitable, in terms of providing the inhabitants constructed, the building materials used and the
with adequate space and protecting them from policies supporting these must appropriately
cold, damp, heat, rain, wind or other threats to enable the expression of cultural identity and
health, structural hazards, and disease vectors. diversity of housing. Activities geared towards
The physical safety of occupants must be development or modernisation in the housing
guaranteed as well. The committee sphere should ensure that the cultural dimensions
encourages State Parties to comprehensively of housing are not sacrificed, and that, inter alia,
apply the Health Principles of Housing 5/ modern technological facilities, as appropriate
prepared by the WHO, which view housing as are also ensured.
the environmental factor most frequently
9. As noted above, the right to adequate housing
associated with conditions for disease in
cannot be viewed in isolation from other human
epidemiological analyses; ie inadequate and
rights contained in the two International
deficient housing and living conditions are
Covenants and other applicable international
invariably associated with higher mortality and
instruments. Reference has already been made in this
morbidity rates.
regard to the concept of human dignity and the
(e) Accessibility: Adequate housing must be principle of non-discrimination. In addition, the
accessible to those entitled to it. Disadvantaged full enjoyment of other rights - such as the right to
groups must be accorded full and sustainable freedom of expression, the right to freedom of
access to adequate housing resources. Thus, such association (such as for tenants and other community-
disadvantaged groups as the elderly, children, based groups), the right to freedom of residence
the physically disabled, the terminally ill, HIV- and the right to participate in public decision-
positive individuals, persons with persistent making - is indispensable if the right to adequate
medical problems, the mentally ill, victims of housing is to be realised and maintained by all groups
natural disasters, people living in disaster-prone in society. Similarly, the right not to be subjected
areas and other groups should be ensured some to arbitrary or unlawful interference with one’s
degree of priority consideration in the housing privacy, family, home or correspondence constitutes
sphere. Both housing law and policy should take a very important dimension in defining the right
fully into account the special housing needs of to adequate housing.
these groups. Within many State Parties
10. Regardless of the state of development of any
increasing access to land by landless or
country, there are certain steps, which must be
impoverished segments of the society should
taken immediately. As recognised in the Global
constitute a central policy goal. Discernible
Strategy for Shelter and in other international analyses,
governmental obligations need to be developed
many of the measures required to promote the right
aiming to substantiate the right of all to a secure
to housing would only require the abstention by the
place to live in peace and dignity, including access
Government from certain practices and a
to land as an entitlement.
commitment to facilitating “self-help” by affected
(f) Location: Adequate housing must be in a groups. To the extent that any such steps are
location which allows access to employment considered to be beyond the maximum resources
options, health-care services, schools, child-care available to a State party, it is appropriate that a
centres and other social facilities. This is true request be made as soon as possible for
both in large cities and in rural areas where the international cooperation in accordance with
temporal and financial costs of getting to and Articles 11 (1), 22 and 23 of the Covenant, and
from the place of work can place excessive that the Committee be informed thereof.

11. State Parties must give due priority to those social (economics, agriculture, environment, energy, etc.) with
groups living in unfavourable conditions by giving the obligations under Article 11 of the Covenant.
them particular consideration. Policies and legislation
13. Effective monitoring of the situation with respect
should correspondingly not be designed to benefit
to housing is another obligation of immediate effect.
already advantaged social groups at the expense of
For a State Party to satisfy its obligations under Article
others. The committee is aware that external
factors can affect the right to a continuous 11 (1) it must demonstrate, inter alia, that it has taken
improvement of living conditions, and that in whatever steps are necessary, either alone or on the
many State Parties overall living conditions basis of international cooperation, to ascertain the
declined during the full extent of homelessness
1980s. However, as noted and inadequate housing within
by the Committee in its its jurisdiction. In this regard,
General Comment 2 the revised general guidelines
(1990) (E/1990/23, annex regarding the form and
III), despite externally contents of reports adopted
caused problems, the by the committee (E/C12/
obligations under the 1991/1) emphasise the need
Covenant continue to to “provide detailed
apply and are perhaps even information about those
more pertinent during groups within ... society that
times of economic are vulnerable and
contraction. It would thus disadvantaged with regard to
appear to the Committee housing”. They include, in
that a general decline in living and housing conditions, particular, homeless persons
directly attributable to policy and legislative decisions and families, those inadequately housed and without
by State Parties , and in the absence of accompanying ready access to basic amenities, those living in
compensatory measures, would be inconsistent with “illegal” settlements, those subject to forced
the obligations under the Covenant. evictions and low-income groups.
12. While the most appropriate means of achieving the 14. Measures designed to satisfy a State Party’s obligations
full realisation of the right to adequate housing will in respect of the right to adequate housing may reflect
inevitably vary significantly from one State Party to whatever mix of public and private sector measures
another, the Covenant clearly requires that each State considered appropriate. While in some States public
Party take whatever steps are necessary for that financing of housing might most usefully be spent
purpose. This will almost invariably require the adoption on direct construction of new housing, in most cases,
of a national housing strategy which, as stated in experience has shown the inability of governments
paragraph 32 of the Global Strategy for Shelter, to fully satisfy housing deficits with publicly built
“defines the objectives for the development of shelter housing. The promotion by State Parties of “enabling
strategies”, combined with a full commitment to
conditions, identifies the resources available to meet
obligations under the right to adequate housing,
these goals and the most cost-effective way of using
should thus be encouraged. In essence, the obligation
them and sets out the responsibilities and time-frame
is to demonstrate that, in aggregate, the measures
for the implementation of the necessary measures”.
being taken are sufficient to realise the right for every
Both for reasons of relevance and effectiveness, as
individual in the shortest possible time in accordance
well as in order to ensure respect for other human
with the maximum of available resources.
rights, such a strategy should reflect extensive
genuine consultation with, and participation by, 15. Many of the measures that will be required will
all of those affected, including the homeless, the involve resource allocations and policy initiatives of
inadequately housed and their representatives. a general kind. Nevertheless, the role of formal
Furthermore, steps should be taken to ensure legislative and administrative measures should not
coordination between ministries and regional and be underestimated in this context. The Global
local authorities in order to reconcile related policies Strategy for Shelter (paras 66-67) has drawn attention

to the types of measures that might be taken in this , both recipients and providers, should ensure that a
regard and to their importance. substantial proportion of financing is devoted to
creating conditions leading to a higher number of
16. In some States, the right to adequate housing is
persons being adequately housed. The international
constitutionally entrenched. In such cases the
financial institutions promoting measures of
committee is particularly interested in learning of the
structural adjustment should ensure that such measures
legal and practical significance of such an approach.
do not compromise the enjoyment of the right to
The details of specific cases and of other ways in
adequate housing. State Parties
which entrenchment has
should, when contemplating
proved helpful should thus be
Traditionally, less than 5 international financial cooperation,
provided.
percent of all international seek to indicate areas relevant to
17. The committee views many assistance has been directed the right to adequate housing
component elements of the towards housing. Often such where external financing would
right to adequate housing as funds do little to address the have the most effect. Such requests
being at least consistent with the housing needs of the dis- should take full account of the
provision of the domestic legal advantaged groups needs and views of the affected
remedies. Depending on the groups.
legal system, such areas might include, but are not
limited to: (a) legal appeals aimed at preventing [Yale:
planned evictions or demolitions through the 1. Forced evictions are unjustified except in
issuance of court-ordered injunctions; (b) legal ‘exceptional circumstances’
procedures seeking compensation following an Similarly, the CESCR General Comment 4: The Right
illegal eviction; (c) complaints against illegal to Adequate Housing concludes that “instances of
actions carried out or supported by landlords forced eviction are prima facie incompatible with the
(whether public or private) in relation to rent requirements of the Covenant and can only be justified
levels, dwelling maintenance, and racial or other
in the most exceptional circumstances and in
forms of discrimination; (d) allegations of any
accordance with relevant principles of international
form of discrimination in the allocation and
law.” This suggests that state policies or programmes
availability of access to housing; and (e)
which employ forced eviction as a regular practice or
complaints against landlords concerning
that violate other international human rights standards,
unhealthy or inadequate housing conditions. In
most certainly constitute violations of the ICESCR.
some legal systems it would also be appropriate
And while General Comment 4 does not define what
to explore the possibility of facilitating class
“exceptional circumstances” would justify forced
action suits in situations involving significantly
eviction, the UN Office of the High Commissioner
increased levels of homelessness.
for Human Rights (OHCHR) has identified such
18. In this regard, the committee considers that instances situations as including the following cases:
of forced eviction are pr ima facie incompatible “discriminatory statements, attacks or treatment by one
with the requirements of the Covenant and can only tenant … against a neighbour;” “unjustifiable
be justified in the most exceptional circumstances, destruction of rental property;” “persistent non-
and in accordance with the relevant principles payment of rent despite…ability to pay;” “persistent
of international law. antisocial behaviour which threatens neighbours…;”
“manifestly criminal behaviour;” and “illegal
19. Finally, Article 11 (1) concludes with the obligation occupation of property which is inhabited at the time
of State Parties to recognise “the essential importance of occupation.” The OHCHR specifically distinguishes
of international cooperation based on free consent”. such legitimate grounds for eviction from “cases of
Traditionally, less than five percent of all international possession or squatting of land or housing by
assistance has been directed towards housing or persons…unable to have legal access to housing
human settlements, and often the manner by which resources” where states seek to justify eviction as a
such funding is provided does little to address the “necessary price for progress or development.” The
housing needs of disadvantaged groups. State Parties OHCR warns that, “in such cases, the governments

must exercise caution in accordance with respect for form of tenure to those who currently lack it, even
their existing obligations relating to the right to adequate if they are dwelling upon occupied land. Moreover,
housing.” The instant case clearly seems to fall w/in this also would suggest that those who are evicted
the latter category and not the former. from such land must be given some legally secure
place to live.
2. Forced evictions cannot benefit the already
advantaged at expense of the less favoured. The CESCR General Comment 7: Forced Evictions
policies resulting in the forced evictions also cannot The right to adequate housing (Art 11.1):
be designed for the benefit of those who are better forced evictions: 20/05/97
off than those who are to be displaced. General CESCR General comment 7 (General Comments)
Comment 4 states that State Parties ’ “[p]olicies and
Convention abbreviation: CESCR
legislation should…not be designed to benefit already
advantaged social groups at the expense of others” General comment 7
and must “give due priority to those social groups The right to adequate housing (Art 11.1 of the
living in unfavourable conditions.” To the extent that Covenant): forced evictions (Sixteenth session, 1997)*
eviction for road widening provides most of its
benefits to those better situated than the evictees, 1. In its General Comment 4 (1991), the committee
evicting less-favored persons for this purpose observed that all persons should possess a degree
therefore violates the ICESCR. of security of tenure, which guarantees legal
protection against forced eviction, harassment and
3. Persons displaced by the forced eviction must other threats. It concluded that forced evictions are
be ensured secure shelter prima facie incompatible with the requirements of
General Comment 4 also makes clear that the right the Covenant. Having considered a significant number
to adequate of reports of forced
housing under the evictions in recent
C o v e n a n t years, including
encompasses instances in which it
situations where has determined that
persons occupy the obligations of
land without legal State Parties were
title. Among the being violated, the
“aspects of the committee is now in
right [to housing] a position to seek to
that must be taken provide further
into account…in clarification as to the
any context” is implications of such
that of “[l]egal security of tenure.” “Tenure” is practices in terms of
defined in the comment as “tak[ing] a variety of the obligations contained in the Covenant.
forms …including emergency housing and informal 2. The international community has long recognised that
settlements, including occupation of land or the issue of forced evictions is a serious one. In 1976,
property.” The General Comment states that the United Nations Conference on Human
“[n]otwithstanding the type of tenure, all persons Settlements noted that special attention should be
should possess a degree of security of tenure which paid to “undertaking major clearance operations
guarantees legal protection against forced eviction,” should take place only when conservation and
and that “[s]tates Parties should…take immediate rehabilitation are not feasible and relocation measures
measures aimed at conferring legal security upon those are made”. 1/ In 1988, in the Global Strategy for
persons and households lacking such protection, in Shelter to the Year 2000, adopted by the General
genuine consultation with the affected persons and Assembly in its resolution 43/181, the “fundamental
groups.” Therefore, while the ICESCR does not obligation [of governments] to protect and improve
dictate which form of legally secure tenure should houses and neighbourhoods, rather than damage or
be afforded, it does direct states to provide some destroy them” was recognised. 2/ Agenda 21 stated:

“People should be protected by law against the provision of, and access to, appropriate forms
unfair eviction from their homes or land”. 3/ In of legal or other protection. The prohibition on the
the Habitat Agenda the governments committed forced evictions does not, however, apply to evictions
themselves to “protecting all people from, and carried out by force in accordance with the law and in
providing legal protection and redress for, forced conformity with the provisions of the International
evictions that are contrary to the law, taking human Covenants on Human Rights.
rights into consideration; [and] when evictions are
4. The practice of forced evictions is widespread and
unavoidable, ensuring, as appropriate, that alternative
affects persons in both developed and developing
suitable solutions are provided”. 4/ The Commission
countries. Owing to the interrelationship and
on Human Rights has also indicated, “the forced
interdependency, which exist among all human
evictions are a gross violation of human rights”. 5/
rights, forced evictions frequently violate other human
However, although these statements are important,
rights. Thus, while manifestly breaching the rights
they leave open one of the most critical issues,
enshrined in the Covenant, the practice of forced
namely that of determining the circumstances under
evictions may also result in violations of civil and
which forced evictions are permissible and of
political rights, such as the right to life, the right to
spelling out the types of protection required to ensure
security of the person, the right to non-
respect for the relevant provisions of the Covenant.
interference with privacy, family and home and
3. The use of the term “forced evictions” is, in some the right to the peaceful enjoyment of
respects, problematic. This expression seeks to convey possessions.
a sense of arbitrariness and of illegality. To many
5. Although the practice of forced evictions might appear
observers, however, the reference to “forced evictions”
to occur primarily in heavily populated urban areas, it
is a tautology, while others have criticised the expression
“illegal evictions” on the ground that it assumes that the also takes place in connection with forced population
relevant law provides adequate protection of the right transfers, internal displacement, forced
to housing and conforms with the Covenant, which is relocations in the context of armed conflict, mass
by no means always the case. Similarly, it has been exoduses and refugee movements. In all of these
suggested that the term “unfair evictions” is even more contexts, the right to adequate housing and not to be
subjective by virtue of its failure to refer to any legal subjected to forced eviction may be violated through
framework at all. The international community, especially a wide range of Acts or omissions attributable to
in the context of the Commission on Human Rights, State Parties. Even in situations where it may be
has opted to refer to “forced evictions”, primarily since necessary to impose limitations on such a right, full
all suggested alternatives also suffer from many such compliance with Article 4 of the Covenant is required
defects. The term “forced evictions” as used throughout so that any limitations imposed must be “determined
this general comment is defined as the permanent or by law only insofar as this may be compatible with
temporary removal against their will of the nature of these [ie economic, social and cultural]
individuals, families and/or communities from the rights and solely for the purpose of promoting the
homes and/or land which they occupy, without general welfare in a democratic society”.
Notes
* Contained in document E/1992/23
1/ Official Records of the General Assembly, Forty-third Session, Supplement No 8, addendum (A/43/8/Add1)
2/ Commission on Human Rights resolutions 1986/36 and 1987/22; reports by Mr Danilo Türk, Special Rapporteur of the Sub-Commission
(E/CN4/Sub2/1990/19, paras 108-120; E/CN.4/Sub2/1991/17, paras 137-139); see also Sub-Commission resolution 1991/26
3/ See, for example, Article 25 (1) of the Universal Declaration on Human Rights, Article 5 (e) (iii) of the International Convention on the
Elimination of All Forms of Racial Discrimination, Article 14 (2) of the Convention on the Elimination of All Forms of Discrimination against
Women, Article 27 (3) of the Convention on the Rights of the Child, Article 10 of the Declaration on Social Progress and Development,
section III (8) of the Vancouver Declaration on Human Settlements, 1976 (Report of Habitat: United Nations Conference on Human
Settlements (United Nations publication, Sales No E76IV7 and corrigendum), chap I), Article 8 (1) of the Declaration on the Right to
Development and the ILO Recommendation Concerning Workers’ Housing, 1961 (No. 115)
4/ See footnote 1/
5/ Geneva, World Health Organisation, 1990

6. Many instances of forced eviction are associated with designed to control strictly the circumstances under
violence, such as evictions resulting from international which evictions may be carried out. The legislation
armed conflicts, internal strife and communal or must also apply to all agents acting under the authority
ethnic violence. of the State or who are accountable to it. Moreover,
in view of the increasing trend in some States towards
7. Other instances of forced eviction occur in the name
the government greatly reducing its responsibilities in
of development. Evictions may be carried out in
the housing sector, State Parties must ensure that
connection with conflict over land rights,
legislative and other measures are adequate to prevent
development and infrastructure projects, such as the
construction of dams or other large-scale energy and, if appropriate, punish forced evictions carried
projects, with land acquisition measures associated out, without appropriate safeguards, by private
with urban renewal, housing renovation, city persons or bodies. State Parties should therefore
beautification programmes, the clearing of land for review relevant legislation and policies to ensure that
agricultural purposes, unbridled speculation in land, they are compatible with the obligations arising from
or the holding of major sporting events like the the right to adequate housing and repeal or amend
Olympic Games. any legislation or policies that are inconsistent with the
requirements of the Covenant.
8. In essence, the obligations of State Parties to the
Covenant in relation to forced evictions are based on 10. Women, children, youth, older persons, indigenous
Article 11.1, read in conjunction with other relevant people, ethnic and other minorities, and other
provisions. In particular, Article 2.1 obliges States to vulnerable individuals and groups all suffer
use “all appropriate means” to promote the right to disproportionately from the practice of forced
adequate housing. However, in view of the nature of eviction. Women in all groups are especially vulnerable
the practice of forced evictions, the reference in Article given the extent of statutory and other forms of
2.1 to progressive achievement based on the availability discrimination which often apply in relation to
of resources will rarely be relevant. The State itself property rights (including home ownership) or rights
must refrain from forced evictions and ensure that of access to property or accommodation, and their
the law is enforced against its agents or third particular vulnerability to Acts of violence and sexual
parties who carry out forced evictions (as defined abuse when they are rendered homeless. The non-
in paragraph 3 above). Moreover, this approach is discrimination provisions of Articles 2.2 and 3
reinforced by Article 17.1 of the International of the Covenant impose an additional obligation
Covenant on Civil and Political Rights, which upon Governments to ensure that, where evictions
complement the right not to be forcefully evicted do occur, appropriate measures are taken to ensure
without adequate protection. That provision recognises, that no form of discrimination is involved.
inter alia, the right to be protected against “arbitrary
11. Whereas some evictions may be justifiable, such as
or unlawful interference” with one’s home. It is to
be noted that the State’s obligation to ensure respect in the case of persistent non-payment of rent or of
for that right is not qualified by considerations relating damage to rented property without any reasonable
to its available resources. cause, it is incumbent upon the relevant authorities
to ensure that they are carried out in a manner
9. Article 2.1 of the Covenant requires State Parties to warranted by a law which is compatible with
use “all appropriate means”, including the adoption the Covenant and that all the legal recourses
of legislative measures, to promote all the rights and remedies are available to those affected.
protected under the Covenant. Although the
Committee has indicated in its General Comment 3 12. Forced eviction and house demolition as a punitive
(1990) that such measures may not be indispensable in measure are also inconsistent with the norms of the
relation to all rights, it is clear that legislation against Covenant. Likewise, the committee takes note of
forced evictions is an essential basis upon which to the obligations enshrined in the Geneva Conventions
build a system of effective protection. Such legislation of 1949 and Protocols thereto of 1977 concerning
should include measures which (a) provide the greatest prohibitions on the displacement of the civilian
possible security of tenure to occupiers of houses population and the destruction of private property
and land, (b) conform to the Covenant and (c) are as these relate to the practice of forced eviction.

13. State Parties shall ensure, prior to carrying out any consultation with those affected; (b) adequate
evictions, and particularly those involving large groups, and reasonable notice for all affected persons
that all feasible alternatives are explored in consultation prior to the scheduled date of eviction; (c)
with the affected persons, with a view to avoiding, or information on the proposed evictions, and,
at least minimising, the need to use force. Legal where applicable, on the alternative purpose for
remedies or procedures should be provided to those which the land or housing is to be used, to be
who are affected by eviction orders. State Parties shall made available in reasonable time to all those
also see to it that all the individuals concerned have a affected; (d) especially where groups of people
right to adequate compensation for any property, both are involved, government officials or their
personal and real, which is affected. In this respect, it representatives to be present during an eviction;
is pertinent to recall Article 2.3 of the International (e) all persons carrying out the eviction to be
Covenant on properly identified;
Civil and Political (f) evictions not to
Rights, which take place in
requires State particularly bad
Parties to ensure weather or at night
“an effective unless the affected
remedy” for persons consent
persons whose otherwise; (g)
rights have been provision of legal
violated and the remedies; and (h)
obligation upon the “competent authorities (to) provision, where possible, of legal aid to persons
enforce such remedies when granted”. who are in need of it to seek redress from the
courts.
14. In cases where eviction is considered to be justified,
it should be carried out in strict compliance with 16. Evictions should not result in individuals being
the relevant provisions of international human rendered homeless or vulnerable to the violation
rights law and in accordance with general of other human rights. Where those affected are
principles of reasonableness and proportionality. unable to provide for themselves, the State party must
In this regard, it is especially pertinent to recall General take all appropriate measures, to the maximum of
Comment 16 of the Human Rights Committee, relating its available resources, to ensure that adequate
to Article 17 of the International Covenant on Civil alternative housing, resettlement or access to
and Political Rights, which states that interference with a productive land, as the case may be, is available.
person’s home can only take place “in cases envisaged 17. The committee is aware that various development
by the law”. The committee observed that the law projects financed by international agencies within
“should be in accordance with the provisions, aims and the territories of State Parties have resulted in
objectives of the Covenant and should be, in any event, forced evictions. In this regard, the committee recalls
reasonable in the particular circumstances”. The its General Comment 2 (1990) which states, inter alia,
committee also indicated, “relevant legislation must “international agencies should scrupulously avoid
specify in detail the precise circumstances in which such involvement in projects which, for example ... promote
interferences may be permitted”. or reinforce discrimination against individuals or
15. Appropriate procedural protection and due process groups contrary to the provisions of the Covenant,
are essential aspects of all human rights but are or involve large-scale evictions or displacement of
especially pertinent in relation to a matter such as persons without the provision of all appropriate
forced evictions which directly invokes a large protection and compensation. Every effort should be
number of the rights recognised in both the made, at each phase of a development project, to
ensure that the rights contained in the Covenant are
International Covenants on Human Rights. The
duly taken into account”. 6/
committee considers that the procedural protections
which should be applied in relation to forced evictions 18. Some institutions, such as the World Bank and the
include: (a) an opportunity for genuine Organisation for Economic Cooperation and

Development (OECD) have adopted guidelines on [Yale-Lowenstein:
relocation and/or resettlement with a view to limiting 1. Forced evictions must be in conformity with
the scale of and human suffering associated with the domestic and international law
forced evictions. Such practices often accompany The CESCR addressed the issue of forced eviction in
large-scale development projects, such as dam greater depth in its General Comment 7: The Right to
building and other major energy projects. Full Adequate Housing (Art 1.1.1 of the Covenant): Forced
respect for such guidelines, insofar as they reflect Evictions, CESCR, sixteenth session 1997, contained
the obligations contained in the Covenant, is essential in the UN Doc E/1998/22, Annex 4 General
on the part of both the agencies themselves and Comment 7 provides a definition of “forced
State Parties to the Covenant. The Committee recalls evictions” as “the permanent or temporary removal
in this respect the statement in the Vienna Declaration against their will of individuals…from the homes and/
and Programme of Action to the effect that “while or land which they occupy, without the provision of,
and access to, appropriate forms of legal or other
development facilitates the enjoyment of all human
protection.” This definition of “forced eviction” is
rights, the lack of development may not be invoked
very important because the General Comment makes
to justify the abridgement of internationally
clear that State Parties to the ICESCR “must refrain
recognised human rights” (Part I, para 10).
from forced evictions and ensure that the law is
19. In accordance with the guidelines for reporting enforced against its agents…who carry out forced
adopted by the committee, State Parties are requested evictions (as defined in paragraph 3 above)… This is
to provide various types of information pertaining an “immediate obligation” of member States which,
directly to the practice of forced evictions. This includes “regardless of the state of development of any
information relating to (a) the “number of persons country…must be taken immediately.”
evicted within the last five years and the number of However, the committee notes that “[t]he prohibition
persons currently lacking legal protection against on forced evictions…does not apply if carried out
arbitrary eviction or any other kind of eviction”, (b) by force in accordance with the law and in
“legislation concerning the rights of tenants to security conformity with the provisions of the International
of tenure, to protection from eviction” and (c) Covenants on Human Rights.” This qualification
“legislation prohibiting any form of eviction”. 7/ indicates that the permissibility of evictions turns on
their legality under both domestic statute and
20. Information is also sought as to “measures taken during,
international law. Evictions not conducted in
inter alia, urban renewal programmes, redevelopment
accordance with domestic and international law are
projects, site upgrading, preparation for international events
flatly prohibited then, unless the evictees are provided
(Olympics and other sporting competitions, exhibitions,
or given access to some form of protection—which
conferences, etc.) ‘beautiful city’ campaigns, etc. which may be “legal or other”—by the State Party.
guarantee protection from eviction or guarantee rehousing
based on mutual consent, by any persons living on or near 2. Forced evictions require prior consultation,
to affected sites”. 8/ However, few State Parties have right to compensation, alternative housing
included the requisite information in their reports to the for displaced
committee. The committee, therefore, wishes to emphasise Even where those evictions are legally sanctioned,
the importance it attaches to the receipt of such information. State Parties still have several significant obligations
to those affected. First, General Comment 7 instructs
21. Some State Parties have indicated that information that “State Parties shall ensure, prior to carrying out
of this nature is not available. The committee recalls any evictions, that all feasible alternatives are explored
that effective monitoring of the right to adequate in consultation with the affected persons, with a view
housing, either by the Government concerned or by to avoiding, or at least minimising, the need to use
the committee, is not possible in the absence of the force.” This indicates that states have an absolute
collection of appropriate data and would request all obligation to consult with evictees prior to evictions,
State Parties to ensure that the necessary data is since even if there is no alternative to removal, there
collected and is reflected in the reports submitted by must be consultation regarding the means by which
them under the Covenant. it is to be achieved. Second, in such cases, “[S]tates

Parties shall see to it that all the individuals concerned “The ideologies of States are reflected in their
have a right to adequate compensation for any human settlement policies. These being powerful
property, both personal and real which is affected.” instruments for change, they must not be used
Therefore, all evictees have a right to be compensated to dispossess people from their homes or lands
for housing materials and personal possessions, which to entrench privilege and exploitation. The human
may be damaged, destroyed or lost during the settlement policies must be in conformity with
eviction. Lastly, “where those affected [by evictions] the declaration of principles and the Universal
are unable to provide for themselves, the State Party Declaration of Human Rights.”
must take all appropriate measures, to the maximum
of its available resources, to ensure that adequate Declaration on the Right to Development (1986),
alternative housing, resettlement or access to adopted by General Assembly resolution 41/128 on
productive land, as the case may be, is available.” It 4 December 1986. Article 8.1 states:
is the obligation of the State Party to use its resources “States should undertake, at the national level, all
to ensure the availability of some kind of dwelling necessary measures for the realisation of the right
space for those to development and
displaced, whether shall ensure, inter-alia,
these take the equality of opportunity
form of housing for all in their access to
at, resettlement in, basic resources,
or use of, another education, health
location. In sum, services, food, housing,
even when employment and the
persons are legally fair distribution of
evicted, states still income. Effective
have an obligation measures should be
to 1) consult with undertaken to ensure
them prior to that women have an
eviction, 2) ensure active role in the
their right to development process.
compensation for loss of possessions, and 3) use its Appropriate economic and social reforms should
available resources to ensure somewhere else for them be carried out with a view to eradicating all social
to stay. Failure to do any one of these things injustices.”
constitutes a violation of the ICESCR]
5. United Nations Resolutions
4. International Declarations & Recommendations General Assembly resolution 41/146, entitled
Vancouver Declaration on Human Settlements “The realisation of the right to adequate
(1976), adopted by the United Nations Conference housing”, adopted on 4 December 1986, states
on Human Settlements in 1976. Section I (8) and in part: “The General Assembly expresses its deep
Chapter II (A. 3) state, respectively:
concern that millions of people do not enjoy
“Adequate shelter and services are a basic human the right to adequate housing.”
right which places an obligation on governments
General Assembly resolution 42/146, entitled
to ensure their attainment by all people, beginning
“The realisation of the right to adequate
with direct assistance to the least advantaged
housing”, adopted on 7 December 1987, states
through guided programmes of self-help and
community action. Governments should in part: “The General Assembly reiterates the
endeavour to remove all impediments, hindering need to take, at the national and international
attainment of these goals. Of special importance levels, measures to promote the right of all
is the elimination of social and racial segregation, persons to an adequate standard of living for
inter alia, through the creation of better balanced themselves and their families, including adequate
communities, which blend different social housing; and calls upon all States and international
groups, occupations, housing and amenities.” organisations concerned to pay special attention

to the realisation of the right to adequate housing the right of all persons to an adequate standard of
in carrying out measures to develop national living for themselves and their families, including
shelter strategies and settlement improvement adequate housing.”
programmes within the framework of the
Commission on Human Rights resolution
Global Strategy for Shelter to the Year 2000.”
1988/24, entitled “The realisation of the right to
Economic and Social Council resolution adequate housing”, adopted on 7 March 1988, states
1987/62, entitled “The realisation of the right to in part: “The Commission on Human Rights
adequate housing”, adopted on 29 May 1987, decides . . . to keep the question of the right to
states in part: “Recognising that the Universal adequate housing under periodic review. "
Declaration of Human Rights and the
Commission on Human Rights resolution
International Covenant on Economic, Social and
1993/77, entitled “Forced evictions”, adopted
Cultural Rights
on 10 March 1993, states in
provide that all
part: “The Commission on
persons have the
Human Rights . . . affirms that
right to an adequate
the practice of forced
standard of living for
evictions constitutes a gross
themselves and their
violation of human rights, in
families, including
particular the right to adequate
adequate housing,
housing;
and that States should
take appropriate “. . . urges
steps to ensure the governments to undertake
realisation of that immediate measures, at all
right.” levels, aimed at eliminating the
practice of forced evictions...
Commission on
to confer legal security of tenure on all persons
Human Rights resolution 1986/36, entitled
currently threatened with forced evictions;
“The realisation of the right to adequate
housing”, adopted on 12 March 1986, states in “. . . recommends that all Governments provide
part: “The Commission on Human Rights immediate restitution, compensation and/or
reiterates the right of all persons to an adequate appropriate and sufficient alternative
standard of living for themselves and their accommodation or land . . . to persons or
families, including adequate housing.” communities that have been forcibly evicted;
Commission on Human Rights resolution “. . . . requests the Secretary-General to compile
1987/22, entitled “The realisation of the right to an analytical report on the practice of forced
adequate housing”, adopted on 10 March 1987, evictions, based on an analysis of international
states in part: “The Commission on Human Rights law and jurisprudence and information
reiterates the need to take appropriate measures, at submitted [by] Governments, relevant United
the national and international levels, for promoting Nations bodies... regional intergovernmental and
Notes
* Contained in document E/1998/22, annex IV
1/ Report of Habitat: United Nations Conference on Human Settlements, Vancouver, 31 May - 11 June 1976 (A/CONF.70/15), chap II,
recommendation B.8, para C (ii)
2/ Report of the Commission on Human Settlements on the work of its eleventh session, Addendum (A/43/8/Add.1), para 13
3/ Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992, Vol I (A/CONF.151/26/
Rev 1(vol I), annex II, Agenda 21, chap 7.9 (b)
4/ Report of the United Nations Conference on Settlements (Habitat II) (A/CONF 165/14), annex II, The Habitat Agenda, para 40 (n)
5/ Commission on Human Rights resolution 1993/77, para 1
6/ E/1990/23, annex III, paras 6 and 8 (d)
7/ E/C.12/1999/8, annex IV
8/ Ibid

non-governmental organisations and consistent with the wishes and needs of persons
community-based organisations.” and communities forcibly or arbitrarily evicted,
following mutually satisfactory negotiations with
The Commission on Human Settlements
the affected person(s) or group(s).”
resolution 14/6, entitled “The human right to
adequate housing”, adopted on May 5, 1993, Sub-Commission on Prevention of
states in part: “The Commission on Human Discrimination and Protection of Minorities
Settlements urges all States to cease any practices resolution 1991/26, entitled “Promoting the
which could or do result in the infringements of realisation of the right to adequate housing”,
the human right to adequate housing, in particular adopted on August 29, 1991, states in part: “The
the practice of forced, mass evictions and any Sub-Commission urges all States to pursue effective
form of racial or other discrimination in the policies and adopt legislation aimed at ensuring the
housing sphere; “Invites all States to repeal, realisation of the right to adequate housing of the
reform or amend any existing legislation, policies, entire population, concentrating on those currently
programmes or projects which in any manner homeless or inadequately housed.”
negatively affect the realisation of the right to
adequate housing; “Urges all States to comply II. Regional commissions and courts
with existing international agreements concerning 1. Inter-American court and commision
the right to adequate housing, and to this end, to
establish... appropriate monitoring mechanisms (This is a series of cases where forceful eviction denies
to provide, for national and international indigenous people access to their ancestral lands and
consideration, accurate data and indicators on thereby their traditional way of life. The facts have been
the extent of homelessness, inadequate housing paraphrased and the relevant excerpts reproduced in
conditions, persons without security of tenure, which the key words have been bolded or underlined.)
and other issues arising from the right to adequate Inter-American Court of Human Rights
housing and providing insights into policy, The Case of the Mayagna (Sumo) Awas Tingni
structural and other impediments to the efficient Community vs Nicaragua
operation of the shelter sector.” Judgment of August 31, 2001
The Sub-Commission on Prevention of FACTS: In 1996 Nicaragua disposed of lands occupied
Discrimination and Protection of Minorities by indigenous communities. It granted a
resolution 1991/12, entitled “forced evictions” concession to a private co. to manage and use
adopted on August 28, 1991, states in part: “The about 62,000 hectares of forest.
Sub-Commission, “Recognising that the practice
of forced eviction involves the involuntary ISSUE: Is the indigenous community entitled to land
removal of persons, families and groups from tenure even if it has no real property title to
their homes and communities, resulting in the the land it claims?
destruction of the lives and identities of people RATIONALE: Article 89 (3) of the Nicaraguan
throughout the world, as well as increasing Constitutions provides: “The State recognises
homelessness, ... the communal forms of land ownership and
“Draws the attention of the Commission on the Community of the Atlantic Coast.”
Human Rights to ... (b) The fact that the practice Nicaragua has breached Articles 2, 21, and 25
of forced evictions constitutes a gross violation of the American Convention.
of human rights, in particular the right to
Article 2:
adequate housing; (c) The need for immediate
[w]here the exercise of any the rights or
measures to be undertaken at all levels aimed at
freedoms referred to in Article 1 is not already
eliminating the practice of forced eviction; ...
ensured by legislative or other provisions, State
“Emphasises the importance of the provision of Parties undertake to adopt, in accordance with
immediate, appropriate and sufficient their constitutional processes and the provisions
compensation and/or alternative accommodation, of this Convention, such legislative or other

measures as may be necessary to give effect to and prosecute the killers; pay almost $3 million
those rights or freedoms. in compensation to the 130 survivors ($13,000
per individual for material and moral damages
Article 21:
with legal costs); and establish a $1.2 million
1. Everyone has the right to the use and
development fund for health, housing and
enjoyment of his property. The law may
subordinate such use and enjoyment to the educational programmes for the Moiwana
interest of society. residents.
2. No one shall be deprived of his property Article 22 of the American Convention

except upon payment of just compensation, (Freedom of Movement and Residence) in
for reasons of public utility or social interest, relation with Article 1 (1) (Obligation to respect
and in the cases and according to the forms rights)
established by law.
109. Article 22 of the American Convention
Article 25: establishes:
1. Everyone has the right to simple and prompt
recourse, or any other effective recourse, to a 1. Every person lawfully in the territory of a
competent court or tribunal for protection State Party has the right to move about in it,
against acts that violate his fundamental rights and to reside in it subject to the provisions of
recognised by the constitution or laws […] or the law.
by this Convention, even though such violation 2. Every person has the right to leave any
may have been committed by persons acting country freely, including his own.
in the course of their official duties.
3. The exercise of the foregoing rights may be
2. State Parties undertake restricted only pursuant to a law to the extent
a. to ensure that any person claiming such necessary in a democratic society to prevent
remedy shall have his rights determined by the crime or to protect national security, public safety,
competent authority provided for by the legal
public order, public morals, public health, or
system of the State;
the rights or freedoms of others.
b. to develop the possibilities of judicial
4. The exercise of the rights recognised in
remedy; and
paragraph 1 may also be restricted by law in
c. to ensure that the competent authorities shall designated zones for reasons of public interest.
enforce such remedies when granted.
5. No one can be expelled from the territory
Inter-American Court of Human Rights of the State of which he is a national or be
Case of Moiwana village vs Suriname deprived of the right to enter it.
Judgment of June 15, 2005
Arguments of the representatives
FACTS: The State’s acts or omissions form a failure to 104.Although the representatives did not expressly allege
exercise due diligence by not protecting the the violation of the right established in Article 22 of
applicants rights under Articles 21 and 22. the American Convention, they argued the following:
The Applicant community claimed that in 1986 a) the alleged victims have been deprived of their
Suriname — while attempting to locate rebel customary means of subsistence due to their forcible
guerillas during its civil war — had subjected it expulsion from their traditional territory and their
to extrajudicial killings and forceful eviction continuing inability to return; as a result of the
from its ancestral lands, and up to 18 years later foregoing, they live in poverty; and
not made any effort “to assist or facilitate [their]
b) forcible eviction or involuntary resettlement is
return” to the area. As a result, they also claim
prohibited under international law because it does
breach of their Articles 8 and 25 rights.
grave and disastrous harm to the basic civil, political,
The Court found in favour of the applicants. It economic, social and cultural rights of both
ordered Suriname to hold an enquiry to identify individuals and collectivities. In the case of tribal

peoples, forcible eviction completely severs their international law, including human rights and humanitarian
various relationships with their ancestral lands. law, in all circumstances, so as to prevent and avoid
conditions that might lead to displacement of persons.
The Court’s assessment
110.This Court has held that liberty of movement is an 8. Displacement shall not be carried out in a manner
indispensable condition for the free development of that violates the rights to life, dignity, liberty and
a person.111 Furthermore, the Tribunal shares the views security of those affected.
of the United Nations Human Rights Committee as 9. States are under a particular obligation to protect
set out in its General Comment 27, which states that against the displacement of indigenous peoples,
the right to freedom minorities, peasants,
of movement and pastoralists and other
residence consists, groups with a special
inter alia , in the dependency on and
following: a) the attachment to their
right of all those lands.
lawfully within a
State to move freely 14 (1). Every internally
in that State, and to displaced person has the
choose his or her right to liberty of
place of residence; movement and
and b) the right of a freedom to choose his
person to enter his or her country and the right to or her residence.
remain in one’s country. In addition, the enjoyment 28 (1). Competent authorities have the primary duty
of this right must not be made dependent on any and responsibility to establish conditions, as well as
particular purpose or reason for the person wanting provide the means, which allow internally displaced
to move or to stay in a place.112 persons to return voluntarily, in safety and with dignity,
to their homes or places of habitual residence, or to
111. Of particular relevance to the present case, the UN
resettle voluntarily in another part of the country. Such
Secretary-General’s Special Representative on
authorities shall endeavour to facilitate the reintegration
Internally Displaced Persons issued Guiding Principles
of returned or resettled internally displaced persons.
in 1998,113 which are based upon existing international
humanitarian law and human rights standards. The 118. In sum, only when justice is obtained for the events
Court considers that many of these guidelines of November 29, 1986 may the Moiwana
illuminate the reach and content of Article 22 of the community members: 1) appease the angry spirits
Convention in the context of forced displacement. of their deceased family members and purify their
For the purposes of the instant case, then, the Tribunal traditional land; and 2) no longer fear that further
emphasises the following Principles: hostilities will be directed toward their community.
Those two elements, in turn, are indispensable for
1 (1). Internally displaced persons shall enjoy, in full their permanent return to Moiwana Village, which
equality, the same rights and freedoms under many – if not all – of the community members
international and domestic law as do other persons wish to accomplish (supra paragraph 86(43)).
in their country. They shall not be discriminated against
in the enjoyment of any rights and freedoms on the 119. The Court observes that Suriname has disputed that
the Moiwana survivors suffer restrictions upon their
ground that they are internally displaced.
travels or residence; in that regard, the State asserts
5. All authorities and international actors shall respect that they may indeed move freely throughout the
and ensure respect for their obligations under country. Regardless of whether a legal disposition
111. Cf Case of Ricardo Canese. Judgment of August 31, 2004. Series C No 111, para 115; U.N., Human Rights Committee, General
Comment 27, November 2, 1999
112. Cf Case of Ricardo Canese, supra note 65, para 115; UN, Human Rights Committee, General Comment 27, November 2, 1999,
paras 1, 4, 5 and 19
113. UN Guiding Principles on Internal Displacement, E/CN 4/1998/53/Add 2 February 11, 1998

actually exists in Suriname that establishes such a right a) while the initial alleged violation – forcible expulsion
– upon which the Tribunal deems it unnecessary to of the community from its traditional lands and
rule – in this case the Moiwana survivors’ freedom territory – took place on November 29, 1986, prior
of movement and residence is circumscribed by a to Suriname’s accession to the Convention and
very precise, de facto restriction, originating from acceptance of the Court’s jurisdiction, as a matter of
their well-founded fears described above, which fact and law, the violation of Article 21 is of a
excludes them only from their ancestral territory. continuing nature;
120.Thus, the State has failed to both establish b) continuing violations are particularly common in
conditions, as well as provide the means, that cases where indigenous and tribal peoples have been
would allow the Moiwana community members forcibly removed from their traditional lands;
to return voluntarily, in safety and with dignity,
d) the alleged victims continue to be deprived of their
to their traditional lands, in relation to which they
property rights by the following acts and omissions
have a special dependency and attachment – as there
of the State: i) the denial of justice, which in itself
is objectively no guarantee that their human rights,
deters the alleged victims from reestablishing their
particularly their rights to life and to personal
community on their traditional lands; and ii) the failure
integrity, will be secure. By not providing such
of Suriname to establish legislative or administrative
elements – including, foremost, an effective
mechanisms for the alleged victims to assert and secure
criminal investigation to end the reigning impunity
their rights of tenure in accordance with N’djuka
for the 1986 attack – Suriname has failed to ensure
customary law, values and usage;
the rights of the Moiwana survivors to move freely
within the State and to choose their place of e) the alleged victims’ property rights are guaranteed
residence. Furthermore, the State has effectively and protected under Article 21 of the Convention,
deprived those community members still exiled in which has an autonomous meaning and is not restricted
French Guiana of their rights to enter their country to property as defined by domestic legal regimes; the
and to remain there. provision also protects the rights to property of
121.For the foregoing reasons, the Court declares that “members of […] indigenous communities within the
Suriname violated Article 22 of the American framework of communal property”;
Convention, in relation to Article 1(1) of that treaty, to f) the alleged victims have been deprived of their
the detriment of the Moiwana community members. customary means of subsistence due to their forcible
XI expulsion from their traditional territory and their
Article 21 of the American Convention continuing inability to return; as a result, they live in
(Right to Property) in relation to Article 1(1) poverty; and
(Obligation to Respect Rights) g) forcible eviction or involuntary resettlement is
prohibited under international law because it does
127.Article 21 of the American Convention provides grave and disastrous harm to the basic civil, political,
1. Everyone has the right to the use and enjoyment of economic, social and cultural rights of both
his property. The law may subordinate such use and individuals and collectivities. In the case of tribal
enjoyment to the interest of society. peoples, forcible eviction completely severs their
various relationships with their ancestral lands.
2. No one shall be deprived of his property except
upon payment of just compensation, for reasons of The Court’s Assessment
public utility or social interest, and in the cases and 128.In the preceding chapter regarding Article 22 of the
according to the forms established by law. Convention, the Court held that the State’s failure to
carry out an effective investigation into the events of
Arguments of the representatives November 29, 1986, leading to the clarification of
122. The representatives argued that the State violated the facts and punishment of the responsible parties,
the right to property established in Article 21 of the has directly prevented the Moiwana community
American Convention based on the following members from voluntarily returning to live in their
considerations: traditional lands. Thus, Suriname has failed to both

establish the conditions, as well as provide the means, must be fully integrated and enjoyed by the
that would allow the community members to live community, so that it may preserve its cultural legacy
once again in safety and in peace in their ancestral and pass it on to future generations.116
territory; in consequence, Moiwana Village has been
abandoned since the 1986 attack. 133.In this way, the Moiwana community members, a
N’djuka tribal people, possess an “all-encompassing
129.In order to determine whether such circumstances relationship” to their traditional lands, and their
constitute the deprivation of a right to the use and concept of ownership regarding that territory is
enjoyment of property, naturally, this Court must not centered on the individual, but rather on the
first assess whether Moiwana Village belongs to the community as a whole.117 Thus, this Court’s holding
community members, bearing in mind the broad with regard to indigenous communities and their
concept of property developed in the Tribunal’s communal rights to property under Article 21 of
jurisprudence. the Convention must also apply to the tribal Moiwana
community members:
130.The parties to the
instant case are in their traditional
agreement that the occupancy of Moiwana
M o i w a n a Village and its
c o m m u n i t y surrounding lands –
members do not which has been
possess formal legal recognised and respected
title – neither by neighboring N’djuka
collectively nor clans and indigenous
individually – to their
communities over the
traditional lands in
and surrounding years ( supra paragraph
Moiwana Village. 86(4)) – should suffice to
According to obtain State recognition
submissions from the of their ownership. The
representatives and Suriname, the territory formally precise boundaries of that territory, however, may
belongs to the State in default, as no private individual only be determined after due consultation with said
or collectivity owns official title to the land. neighboring communities (infra paragraph 210).
131.Nevertheless, this Court has held that, in the case of 134.Based on the foregoing, the Moiwana community
indigenous communities who have occupied their members may be considered the legitimate owners of
ancestral lands in accordance with customary practices their traditional lands; as a consequence, they have the
– yet who lack real title to the property – mere right to the use and enjoyment of that territory. The
possession of the land should suffice to obtain facts demonstrate, nevertheless, that they have been
official recognition of their communal deprived of this right to the present day as a result of
ownership.114 That conclusion was reached upon the events of November 1986 and the State’s subsequent
considering the unique and enduring ties that bind failure to investigate those occurrences adequately.
indigenous communities to their ancestral territory. 135. In view of the preceding discussion, then, the Court
The relationship of an indigenous community with concludes that Suriname violated the right of the
its land must be recognised and understood as the Moiwana community members to the communal
fundamental basis of its culture, spiritual life, integrity, use and enjoyment of their traditional property. In
and economic survival.115 For such peoples, their consequence, the Tribunal holds that the State violated
communal nexus with the ancestral territory is not Article 21 of the American Convention, in relation
merely a matter of possession and production, but to Article 1(1) of that treaty, to the detriment of the
rather consists in material and spiritual elements that Moiwana community members.
114. Cf Case of the Mayagna (Sumo) Awas Tingni Community. Judgment of August 31, 2001. Series C No. 79, para 151
115. Cf Case of the Mayagna (Sumo) Awas Tingni Community, supra note 71, para 149
116. Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra note 71, para 149
117. Cf Case of the Mayagna (Sumo) Awas Tingni Community, supra note 71, para 149

XII human rights violations [Article 25) – remedies that
Article 8 & 25 of the American Convention must be substantiated in accordance with the rules
(Judicial Guarantees and Judicial Protection) in of due process of law (Article 8 (1)] – all in keeping
relation to Article 1 (1) with the general obligation of such States to
(Obligation to respect rights) guarantee the free and full exercise of the rights
recognised by the Convention to all persons subject
139. Article 8 (1) of the American Convention to their jurisdiction.118
establishes
Every person has the right to a hearing, with due 143.In similar cases, this Court has established that “in order
guarantees and within a reasonable time, by a to clarify whether the State has violated its international
competent, independent, and impartial tribunal, obligations owing to the acts of its judicial organs, the
previously established by law, in the substantiation Court may have to examine the respective domestic
of any accusation of a proceedings.”119 Adhering to
criminal nature made against precedent, then, the Tribunal will
him or for the determination consider the entirety of the relevant
of his rights and obligations national proceedings in the instant case,
of a civil, labor, fiscal, or any in order to make an informed
other nature.
determination as to whether the
140. Article 25 of the Convention’s abovementioned
Convention provides provisions regarding judicial protection
1. Everyone has the right to and due process have been violated.120
simple and prompt recourse, The Court’s assessment will involve a
or any other effective discussion of the following elements:
recourse, to a competent a) the appropriate legal remedy under
court or tribunal for the circumstances of the present case;
protection against acts that b) the effectiveness of said remedy;
violate his fundamental rights and c) the reasonableness of the
recognised by the constitution length of proceedings.
or laws of the state
concerned or by this 163. In consideration of the many
Convention, even though facets analysed above, the Court
such violation may have been holds that Suriname’s seriously
committed by persons acting deficient investigation into the 1986
in the course of their official duties. attack upon Moiwana Village, its violent obstruction
1. State Parties undertake of justice, and the extended period of time that has
a. to ensure that any person claiming such remedy transpired without the clarification of the facts and
shall have his rights determined by the competent the punishment of the responsible parties have
authority provided for by the legal system of the defied the standards for access to justice and due
state; process established in the American Convention.
b. to develop the possibilities of judicial remedy;
and 164. As a result, the Tribunal declares that the State violated
c. to ensure that the competent authorities shall Articles 8(1) and 25 of the American Convention, in
enforce such remedies when granted. relation to Article 1(1) of that treaty, to the detriment
of the Moiwana community members.
142. The Court has affirmed that, under the American
Convention, State Parties have an obligation to 166. In this regard, the Court finds it necessary to reiterate
provide effective judicial remedies to victims of its holding above: in response to the extrajudicial
118. Cf Case of the Serrano-Cruz Sisters, supra note 9 , para 76; Case of 19 Merchants. Judgment of July 5, 2004. Series C No 109,
para 194; and Case of Las Palmeras. Judgment of December 6, 2001. Series C No 90, para 60
119. Cf Case of the Serrano-Cruz Sisters, supra note 9, para 57; Case of Lori Berenson-Mejía, supra note 10, para 133; and Case of
19 Merchants, supra note 75, para 182
120. Cf Case of the Serrano-Cruz Sisters, supra note 9, para 58

killings that occurred on November 29, 1986, the 2. There are an insufficient number of dwellings
foremost remedy to be provided by the State is an of an acceptable quality to meet the needs of
effective, swift investigation and judicial process, settled Roma.
leading to the clarification of the facts, punishment
of the responsible parties, and appropriate 3. There are an insufficient number of stopping
compensation of the victims. places for Roma who choose to follow an
2. European Committee on Social Rights itinerant lifestyle or who are forced to do so.
European Social Charter, 529 UNTS 89, entered
Para 58: The European Committee of Social Rights
into force Feb 26, 1965.
said that it would ask the Committee of Ministers to
Article 16 - The right of the family to social, recommend that Greece pay the complainant organisation
legal and economic protection a sum of 2000 euros as compensation for expenses
With a view to ensuring the necessary conditions incurred by the procedure.
for the full development of the family, which is a
fundamental unit of society, the Contracting Parties 3. European Court of Human Rights
undertake to promote the economic, legal and social Convention for the Protection of Human Rights
protection of family life by such means as social and Fundamental Freedoms (European Convention
and family benefits, fiscal arrangements, provision of Human Rights) (came into force on 3/9/1953)
of family housing, benefits for the newly married,
and other appropriate means. Article 3 – Prohibition of torture
ERRC (European Roma Rights Centre vs Greece), No one shall be subjected to torture or to inhuman
Judgment of June 8, 2005 or degrading treatment or punishment.
Constitution of Greece, Art 21(4): “The acquisition Article 8 – Right to respect for private and
of a home by the homeless or those inadequately family life
sheltered shall constitute an object of special State care.” 1 Everyone has the right to respect for his private
and family life, his home and his correspondence.
The applicants allege that Greek authorities forcefully
evict Roma gypsies from settlements and either don’t 2 There shall be no interference by a public authority
provide alternative housing, or, resettle them in with the exercise of this right except such as is in
substandard living arrangments. accordance with the law and is necessary in a
democratic society in the interests of national security,
Para 57: The State’s housing policies violate Art
public safety or the economic well being of the
16 because
country, for the prevention of disorder or crime,
3. They allowed the forced eviction of Roma from for the protection of health or morals, or for the
sites or dwellings unlawfully occupied by them protection of the rights and freedoms of others.

Housing rights case laws
Republic of South Africa vs Grootboom comply with the court order. The petitioners subsequently
Case No CCT 11/00. 2000 (11) BCLR 1169 and Minister of built themselves temporary structures on a public sports
field and again brought an action against the municipal
Health vs Treatment Action Campaign Case No CCT 8/02
government in court in order to obtain access to the
Background promised adequate housing.
Mrs Irene Grootboom, the petitioner, was part of a The petitioners based their claim on Section 26 of the
group of 390 adults and 510 children living in appalling South African Constitution (which guarantees the right
circumstances in an informal settlement in the Cape of access to adequate housing), and on Section 28 (which
Metropolitan area. Their homes were mandates special protections, including
bulldozed, burnt and their possessions shelter, for children). In its decision for
destroyed. Many of the residents could not the petitioners, the Constitutional Court
even salvage their personal belongings.”121 interpreted the relevant provisions of the
After these people were rendered South African Constitution (including the
homeless from there, they approached the relationship between the right to housing
government but the officials’ answer was in Section 26, the right to social security in
that the homeless should put their names Section 27, the rights of the child in Section
on the waiting list for housing. The waiting 28, and others) and the applicable
list was more than ten years long. international covenants and norms to
which South Africa is a party. It found
In view of this, Mrs Grootboom and that “[t]he State must create the conditions
others asked the court to order the State to provide them for access to adequate housing for people at all economic
with basic shelter, as they had literally nowhere to live. levels of our society.122
The court also found that the eviction was done
prematurely and inhumanely: reminiscent of apartheid- The South Africa’s commitment to addressing the housing
era evictions. The court said that it was unreasonable for crisis is reflected within its legal framework. The
the government to fail in making any emergency provision Constitution protects a right of access to adequate
for people who are in a desperate situation. The people housing in section 26 (Act No 108 of 1996). It also
could not be left literally homeless for ten to twenty years. endorses the right to equality. Non-racialism and non-
The implication of the judgment was that the sexism are among the foundational values of the
programmeme must give top priority attention to people Constitution (s 1(b)). Section 9(1) of the Constitution
who are in a desperate situation. The programmeme recognises that everyone is equal before the law and has
must cater for short, medium and long term needs. It the right to equal protection and benefit of the law. Section
must not exclude a significant segment of society. 9(2) expressly recognises that equality includes the full
and equal enjoyment of all rights and freedoms. In
The facts addition to section 9(3) prohibiting unfair discrimination
The petitioners received a court order requiring the on a host of grounds which include sex and gender,
government to immediately provide them with adequate section 9(2) specifically recognises that special measures
basic housing and not to wait for their turn in the formal may be adopted to promote the achievement of equality
housing queue. However, the government failed to amongst previously disadvantaged groups.
121. Id, at 9, 10
122. Id, at 29, 35
151
In the groundbreaking decision of government of Republic There was no provision in any policy, whether national,
of South Africa and Others vs Grootboom and Others provincial or local, that applied to her desperate situation.
2000 (11) BCLR 1169 (CC) (hereafter Grootboom), the
Constitutional Court sought to give effect to housing rights The court said that in order for a policy to be reasonable,
as provided for in section 26. In doing so, it pronounced on it cannot ignore those whose needs are most urgent. A
key principles. These principles specifically relate to people policy aimed at providing access to housing cannot be
“who have no access to land, no roof over their heads, for aimed at long-term statistical progress only. Those in
people who are living in intolerable conditions and for people desperate need must not be ignored. Their immediate
who are in crisis because of natural disasters such as floods need can be met by ‘second-best’ facilities, which might
and fires, or because their homes are under threat of fall short of acceptable housing standards, but which,
demolition” (para 52). nevertheless, provide a basic form of shelter. The court
also stressed that its judgment must not be seen as an
The judgment
approval of land invasion in order to ‘jump the queue’.
In its judgment (Government of the Republic of South
Africa vs Grootboom 2000 (11) BCLR 1169), the The court order
Constitutional Court distinguished between the negative In the order, the court declared that the comprehensive
obligation to refrain from impairing the right to housing housing programmeme, called for by section 26(2) of the
and the positive obligation to take measures to provide Constitution, must include measures ‘to provide relief for
access to housing. This case tested the latter part of the people who have no access to land, no roof over their
right of access to housing, namely the measures that the heads, and who are living in intolerable conditions or crisis
State had taken. The court made it clear that it was not situations’. The State housing programmeme that applied
for the judiciary to enquire whether better measures could in the area of the Cape Metropolitan Council at the time
have been adopted but rather to determine whether or of the launch of the application fell short of this obligation.
not the State had violated the right of access to housing
“In any challenge based on section 26 in which it is argued
of the people concerned. It sought to do this by asking
that the State has failed to meet the positive obligations
the following question: Were the measures taken by the
imposed upon it by section 26(2), the question will be
State reasonable? The ‘measures’ called for by section
whether the legislative and other measures taken by the
26(2) involve more than legislation alone and have to be
State are reasonable.”123 The court then explained: “To
supported by appropriate policies, programmemes and
determine whether the nationwide housing
budgetary support. In determining the ‘reasonableness’
programmeme as applied in the Cape Metro [municipal
of the measures taken by the State, the resources it has at
area] is reasonable within the meaning of the section, one
its disposal are an important factor.
must consider whether the absence of a component catering
The Constitution does not expect more than the State for those in desperate need is reasonable under the
can afford. The court examined the State housing circumstances.”124 The Court then concluded that given
programmeme and concluded that what had been done the long-term and large-scale nature of the housing
so far was a major achievement. The programmeme at shortage, the government’s housing policy “fell short of
national, provincial and local level represents a systematic the requirements of section 26(2) in that no provision
response to a pressing social need. Considerable thought, was made for relief to the categories of people in
energy and resources have been devoted to housing desperate need.”125
delivery and the overall programmeme is aimed at realising
access to housing for all. Its long- and medium-term The State had an obligation to ensure, at the very least, that
objectives could not be criticised. However, the court the eviction was humanely executed. However, the eviction
found that the State had neglected the short-term aspect. was reminiscent of the past and inconsistent with the values
It was clear that no real policy existed which could be of the Constitution. The respondents were evicted a day
applied to people in need of housing in crisis situations. early and to make matters worse, their possessions and
Apart from the normal channels, namely application for building materials were not merely removed, but destroyed
low-cost housing, which normally takes years, there was and burnt. The court already said that the provisions of
no relief for Mrs Grootboom, her children and her peers. section 26(1) of the Constitution burdened the State with
123. Id, at 33, 41
124. Id, at 52, 63 (emphasis added)
125. Id, at 55, 69

at least a negative obligation in relation to housing. The step at every level of government must be consistent
manner in which the eviction was carried out resulted in a with the constitutional obligation to take reasonable
breach of this obligation.126 measures to provide adequate housing.’
The court subsequently ordered that the municipal This judgment is also important with regard to other
government amend its housing policy to make reasonable socio-economic rights where local government is even
provision for those in desperate need (including the more closely involved, such as the provision of water.
petitioners in the Grootboom case) and order the South The provision of potable water is clearly one of a
African Human Rights Commission to monitor and report municipality’s critical competencies. The Grootboom case
on the government’s compliance with the court’s order. makes it clear that when local governments deal with
issues such as the provision of water or basic municipal
Comparison health care, they cannot ignore the needs of the people in
Among African countries, the Republic of South Africa desperate situations simply to achieve a better statistical
boasts of the most progressive housing law and policy. result in the long term. Short-term needs of the most
There are three reasons why South Africa provides an disadvantaged cannot be ignored. If they are, local
excellent developing-country comparison for the governments will be at risk of violating the Bill of Rights.
petitioners in the Chikkoowadi, Baroda case. First, South
Africa faces an enormous challenge of housing shortages. In fact, the Constitution’s Bill of Rights incorporates most
In 2001, fully 36 percent of its approximately 45 million of the rights contained in both the International Covenant
people lived in various types of informal housing, and on Civil and Political Rights and the International
with 48.5,127 and with 48.5 percent of the population Covenant on Economic, Social, and Cultural Rights. With
living below the national poverty line,128 the government’s respect to housing, the Constitution States:131
ability to address the housing problem is severely (1) Everyone has the right to have access to adequate
constrained by its resources. Second, despite the country’s housing
resource limitations, the South African Constitution (2) The State must take reasonable legislative and other
guarantees the right to housing for all.129 measures, within its available resources, to achieve
the progressive realisation of this right
Third, the right to housing has been challenged before
the Constitutional court of South Africa in a case (3) No one may be evicted from their home, or have
substantially similar to the case of the Chikkoowadi, their home demolished, without an order of court
Baroda petitioners in HRLN’s present case. The South made after considering all the relevant circumstances.
African case is known as the Grootboom case,130 and its No legislation may permit arbitrary evictions
particulars are outlined below. The Constitutional Court also recognised the close
Comments relationship between the right to equality and socio-
The court placed the onus on the national government economic rights, including housing rights. It noted that
to ensure that the appropriate legislative and budgetary the realisation of socio-economic rights is key to the
framework is in place for the implementation of the advancement of equality and the development of a society
right to housing. The court affirmed that the responsibility in which both men and women are equally able to fulfill
for implementation is generally given to the provinces. their potential (Para 23).
However, the court also said that ‘[a]ll levels of Sources: Local Government Law Bulletin, Jaap de Visser Local
government must ensure that the housing programmeme Government Project Community Law Centre, UWC (Volume 3 No. 1)
is reasonably and appropriately implemented... [e]very (http://www.sn.apc.org/users/clc/localgovt/bulletin/01(1)frc1b.htm)
126. Id, at 63, 88

127. South Africa Human Development Report (SAHD), Chapter 2, 24/02/2004, page 34, Table 2.16, hereinafter SAHD-chap02. Available
online at: http://hdr.undp.org/reports/view_reports.cfm?year=0& country=C199&region=0&type=0&theme=0
128. Id, at 41, Table 2.20. Percentage cited is for 2002
129. Constitution of the Republic of South Africa, Act 108 of 1996 of the South African Parliament, entered into force on 4 February 1997
(hereinafter SA Constitution), available online at: http://www.constitutional court.org.za/site/constitution/English-web/index.html. The
Bill of Rights is found in Chapter 2. The right to housing is guaranteed in Chapter 2, Section 26
130. Government of the Republic of South Africa and Others v. Irene Grootboom and Others, Constitutional Court of South Africa CCT
11/00, decided 11 May 2000, available online at: http://www.constitutionalcourt.org.za/Archimages/2798.PDF
131. SA Constitution, Chapter 2, Section 26
153 Housing rights case laws

Slovakia Decision: The Committee found that the “burning and
destruction of houses constitutes, in the circumstances,
Keywords: Housing rights – Roma acts of cruel, inhuman or degrading treatment of
Facts: The case concerned a resolution adopted by the punishment.” Other aggravating factors in this case were
Dobšiná municipal council, under pressure from right the presence of older residents within the buildings and
wing anti Roma groups, to cancel a previous resolution the racial motivation behind the acts. Consequently, the
in which the council had approved a plan to construct Committee held that the failure of the state to provide
low cost social housing for Roma inhabitants living in protection, as well as redress and compensation, to the
very poor conditions. victims violated Article 16 of the Convention Against
The petitioners Torture, which obliges
contended, inter alia, that States Parties to prevent
the State party had failed acts of cruel, inhuman
to safeguard their right or degrading treatment
to adequate housing, that do not amount to
thereby violating Article torture and are
5(e)(iii) of the instigated by or with the
International consent or acquiescence
Convention on the of a person acting in an
Elimination of all forms official capacity. In a
of Racial Discrimination separate opinion two
(ICERD). Committee members
considered that the acts
Decision: The Committee ruled that, taken together, the amount to “torture” due to the manner and severity of
council resolutions in question – which consisted of an the destruction and the resulting penury of the
important practical and policy step towards realisation of complainants. The resulting (inadequate) investigation and
the right to adequate housing, followed by its revocation failure to prosecute those responsible also constituted
and replacement with a weaker measure – amounted to violations of Articles 12 and 13.
an impairment of the recognition, or exercise on an equal
basis, of the human right to housing. This right is protected
African Commission on
by Article 5(e)(iii) of ICERD and Article 11 of the
Human and Peoples’ Rights
International Covenant on Economic, Social and Cultural
Rights. The Committee also found that the State Party was SERAC and CESR vs Nigeria
in breach of its obligation to guarantee the right of everyone African Commission on Human Rights, Case No 155/
to equality before the law in the enjoyment of the right to 96, Decision made at 30th Ordinary Session, Banjul, The
housing, contrary to Article 5(e)(iii) of CERD. The Gambia, from 13th to 27th October 2001
Committee ruled that Slovakia should, inter alia, take measures
to ensure that the petitioners be restored to the position that Keywords: Food Rights – housing rights – health rights
they were in upon adoption of the initial resolution by the - obligation to respect – obligation to protect – obligation
municipal council. to fulfil – transnational corporations
Hijirizi et al vs Yugoslavia Facts: The communication alleged that the military

Keywords: Housing rights and forced evictions – government of Nigeria was guilty of, inter alia, violations
non-state actors – civil and political rights of the right to health, the right to dispose of wealth and
natural resources, the right to a clean environment and
Facts: A non-Roma mob set fire to a Roma settlement, family rights due to its condoning and facilitating the
destroying it completely. Police amongst the mob made operations of oil corporations in Ogoniland.
no effort to halt the violence even thought they were
forewarned by the victims. Investigations into the incident Decision: The commission ruled that the Ogoni had
were discontinued due to “lack of evidence” and suffered violations of their right to health (Article 16)
Yugoslavia failed to provide redress and compensation and right to a clean environment (Article 24) due to the
to the Roma community who are now living in dire government’s failure to prevent pollution and ecological
poverty elsewhere. degradation. It held further that the failure to monitor

oil activities and involve local communities in decisions The municipality contended, inter alia, that if alternative
violated the State’s duty to protect its citizens from land was made available to the occupiers, they would
exploitation and despoliation of their wealth and natural effectively be ‘queue-jumping’, disrupting the established
resources (Article 21). The Commission suggested that a housing programme and forcing the municipality to grant
failure to provide material benefits for the Ogoni people them preferential treatment.
was also a violation.
Decision: The court stated that Section 26(3) of the
The commission also held that the implied right to housing South African Constitution expressly acknowledges that
(including protection from forced eviction), which is eviction of people living in informal settlements may
derived from the express rights to property, health and take place, even if it results in loss of a home. However,
family, was violated by the destruction of housing and in making its decision whether or not to grant an eviction
harassment of residents who returned to rebuild their order in terms of Section 6 of the Prevention of Illegal
homes. Finally, destruction and contamination of crops Eviction from and Unlawful Occupation of Land Act
by government and non-state actors violated the duty to 19 of 1998 (‘PIE’)132 (which provides that a court may
respect and protect the implied right to food. grant such an order “if it is just and equitable to do so”)
a court must take account of all relevant circumstances,
The commission issued orders to cease attacks on the including (a) the manner in which occupation was
Ogoni people, to investigate and prosecute those effected,133 (b) its duration,134 and (c) the availability of
responsible for attacks, to provide compensation to suitable alternative accommodation or land.135
victims, to prepare environmental and social impact
assessment in the future and to provide information on With regard to (a), the court referred expressly to ‘queue-
health and environmental risks. jumpers’ stating that “persons occupying land with at least
Full text of decision: http://cesr.org/Nigeria a plausible belief that they have permission to be there can
be looked at with far greater sympathy than those who
South Africa deliberately invade land with a view to disrupting the
Port Elizabeth Municipality vs Various Occupiers organised housing programmeme and placing themselves at
Constitutional Court, 2004 (12) BCLR 1268 (CC) the front of the queue.” The Court stated that, on the
facts, the occupiers were not ‘queue jumpers’. In
Keywords: housing rights – evictions – right to considering (b) the court stated that a court will be far
alternative land or accommodation more cautious in evicting well-settled families with strong
Facts: The occupiers resided on privately-owned land local ties, than persons who have recently moved on to
within the Municipality which was zoned for residential land and erected their shelters there. With regard to (c),
purposes. Most of the occupiers had come there after the court stated that there is no unqualified constitutional
duty on local authorities to ensure that in no circumstances
being evicted from other land. They had not applied to
should a home be destroyed unless alternative
the Municipality for housing. Responding to a
accommodation or land is made available: “In general
neighbourhood petition, whose signatories included the
owners of the property, the municipality sought an
terms, however, a court should be reluctant to grant an eviction
eviction order in the High Court. The occupiers indicated
against relatively settled occupiers unless it is satisfied that
they were willing to leave the property if they were given
a reasonable alternative is available, even if only as an
interim measure pending ultimate access to housing in the
reasonable notice and provided with suitable alternative
formal housing programme.”
land on to which they could move. They refused the
Municipality’s offer that they move to another area, stating The court stated further that while the existence of a
that that area was crime-ridden, unsavoury and programme that is designed to house the maximum number
overcrowded. Furthermore, they feared they would have of homeless people over the shortest period of time in the
no security of occupation there and find themselves liable most cost effective way would go a long way towards
to yet further eviction. establishing a context that would ensure that a proposed
132. S.6 PIE provides for circumstances in which a municipality may apply to evict unlawful occupiers
133. Section 6(3)(a) PIE
134. Section 6(3)(b) PIE
135. Section 6(3)(c) PIE

eviction would be just and equitable, it falls short of being law interest and the rights of labour tenants and
determinative of whether, and under what conditions, an sharecroppers. The Court also held that “the fact that
actual eviction order should be made in a particular case. registered title exists neither necessarily extinguishes the rights
Given the special nature of the competing interests in land that the statute contemplates, nor prevents them
involved in eviction proceedings launched under section from arising.”136 With regard to whether the claimants
6 of PIE, the court said that, absent special circumstances, were a ‘community’ within the Act, the Court held that
it would not ordinarily be just and equitable to order the CPs constituted a group, or part of a group, whose
eviction if proper discussions, and where appropriate, rights in land were derived from shared rules determining
mediation, have not been attempted. In appropriate access to and use and enjoyment of land they held in
circumstances the courts should themselves order that common. In the court’s view, the fact that there had been
mediation be tried. no physically forced removal did not mean that there was
no ‘dispossession’. In this case, the residents had not been
The court concluded that, in light of the circumstances
given any real choice: they had had to relocate to a different
of this case, it was not just and equitable to order the
area, and work and live in changed circumstances, or remain
eviction of the occupiers.
on the farm under conditions that were significantly
Prinsloo & Anor vs Ndebele-Ndzundza changed. They no longer had control or use of the land
Community & Ors over which, for many decades, they had enjoyed unrestricted
Supreme Court of Appeal of South Africa, Case No access and control.
106/2004, 31 May 2005.
The court then dealt with whether Sect. 2(2) of the Act
Keywords: Restitution – dispossession – applied. Sect 2(2) provides that no one shall be entitled
compensation – land rights to restitution of a right in land if just and equitable
compensation calculated at the time of dispossession was
Facts: The matter at issue was whether the claimants
received in respect of such dispossession. The
had established that they were entitled to restitution of a
‘compensation’ at issue was the farm to which the
right in land – in this case, portions of a Transvaal farm – community had been relocated. The court remanded the
as contemplated by Sect 2 of the Restitution of Land issue of the application of Sect. 2(2) to the Land Claims
Rights Act 22 of 1994. The action was an appeal against a Court on the basis that, unlike the LCC, it did not consider
decision by the Land Claims Court (LCC) in favour of that compensation originally intended as temporary can
the claimants, members of the Ndebele-Ndzundza tribe, never be included in the calculation of just and equitable
whose ancestral lands had been seized in 1883 and compensation. Nor could the fact that the compensation
distributed to white farmers. The tribe was then scattered was provided as part of a manifestly discriminatory
by the enforcement of a system of indentured labour on process necessarily invalidate it for statutory purposes.
white farms. In the late 19th century, one of the claimants’
predecessors (CPs) and some of his followers settled on President of the Republic of South Africa &
some of this ancestral land, including the farm at issue Anor vs Modderklip Boerdery & Ors
Decision: The court held that, on the facts, the CPs Constitutional Court of South Africa, Case CCT 20/04,
constituted a group of people who had lived on and 13 May 2005
worked the farm continuously for 50 years until they Keywords: Eviction - compensation – housing rights
were relocated to another farm in the late 1930s. Although – right to a remedy
their settlement at the new farm was initially intended to
be temporary, it ended up being near-permanent. Facts: This judgment dealt with two related matters.
The first was an application for leave to appeal an eviction
Although the CPs were not the legal owners of the land
order granted under the Prevention of Illegal Eviction
at issue, they had held it exclusively, as a group and in and Unlawful Occupation of Land Act (PIE)36 by the
common with each other, in accordance with the customs High Court against 40 000 illegal occupiers of a farm
and traditions of the Ndebele-Ndzundza people. The owned by Modderklip Boerdery. The second matter
court held that the claimants had rights in the land in involved an attempt on the part of the landowner to get
terms of the Act in (at least) the form of a customary the State to enforce the eviction order.
136. Ibid at para 36

Decision: While the Supreme Court of Appeal had Decision: When considering what constitutes, “adequate
largely based its decision on the illegal occupiers’ housing,” the Court referred to international law, including
constitutional right of access to adequate housing and the ICESR and jurisprudence of the CESCR. The Court
the need for the state to provide alternative land for emphasised that the need for the protection of security
them, the Constitutional Court primarily focused on of tenure in Section 26 must be viewed in light of past
Modderklip’s constitutional right “to have any dispute forced removals from land and evictions.
that can be resolved by the application of law decided in
a fair public hearing before a court or another independent, The Court found that any measure, which permits a
impartial tribunal of forum.” The court held that the person to be deprived of existing access to adequate
obligation on the State goes further than mere provision housing, limits the constitutional right to housing. The
of a legislative framework, mechanisms and institutions court proceeded to consider whether such a measure is
such as the courts and an infrastructure to facilitate the “reasonable and justifiable in an open and democratic
execution of court orders. The State is also obliged to society based on human dignity equality and freedom.”
take reasonable steps to ensure that “large-scale The court held the legislation to be unconstitutional to
disruptions in the social fabric do not occur in the wake the extent that it allowed execution against the homes of
of the execution of court orders, thus undermining the indigent debtors where they lose their security of tenure.
rule of law.” The court stated further that it is The legislation was unjustifiable and could not be saved
unreasonable for a private entity to be forced to bear to the extent that it allowed for such executions where
the burden, which should be borne by the State, of no countervailing considerations in favour of the creditor
providing the occupiers with accommodation. The justify the sales in execution.
circumstances of this case were extraordinary in that it
The court ordered the provision of judicial oversight
was not possible to rely on mechanisms normally
over sales in execution against the immovable property,
employed to execute evictions. The court stated that to
enabling a court to determine whether an execution order
execute the eviction order granted in this case and evict
against immovable property is justifiable in the
tens of thousands of people would cause social chaos,
misery and disruption, “[i]n the circumstances of this circumstances of the case.
case, it would also not be consistent with the rule of law.” Full text of decision available: http://www.concourt.gov.za/files/7403/
The State was constitutionally obliged to take reasonable 7403.pdf
steps to ensure that Modderklip was provided with
effective relief. It could have done so by expropriating Daniels vs Campbell NO and Ors
the property in question or by providing other land. It Constitutional Court of South Africa, CCT40/03, 11
had not done so and thus violated Modderklip’s right to March 2004
an effective remedy. The Court upheld the award of Keywords: Inheritance rights – property rights –
compensation to Modderklip made by the Supreme Court women’s rights – equality
of Appeal (who had held that the State had violated the
landowner’s rights to equality and property) as “appropriate Facts: At the time of the applicant’s marriage she was
relief” for violation of its constitutional rights. Such the tenant of a council dwelling. After her marriage, the
compensation would be offset against any compensation City of Cape Town transferred the tenancy of the
to be given were the State to expropriate the land. property into her husband’s name. The property was
subsequently purchased in Mr Daniels’ name, Mrs Daniels
Jaftha & Anor vs Van Rooyen & Anor having contributed to the purchase price. Mr Daniels
Constitutional Court of South Africa, Case No CCT74/ died intestate. The applicant was that told she could not
03, 8 October 2004 inherit from the estate because she did not qualify as a
Keywords: Housing rights – obligation to respect ‘surviving spouse,’ as her marriage had not been formally
solemnised in accordance with the Marriage Act.
Facts: The plaintiffs alleged that legislation which
allowed for debtors’ homes to be attached and sold to She argued that the protection afforded to spouses
satisfy petty debts, even where this might result in under the Intestate Succession Act and the Maintenance
homelessness, violated the negative aspect of the of Surviving Spouses Act should extend to her, as a
constitutional right to have access to adequate housing spouse in a de facto monogamous union married
(Section 26). according to Muslim rites.

Decision: The Constitutional Court held that the Acts private and family life since what was in issue was a
as interpreted were unconstitutional. The court stated that traditional way of life. Article 8 also implied positive
the constitutional values of equality, tolerance and respect obligations to facilitate the gypsy way of life by giving
pointed strongly in favour of giving the word ‘spouse’ a special consideration to gypsies’ needs and different
broad and inclusive construction, the more so when it lifestyle. The court, however, applied the exception in
corresponds with the ordinary meaning of the word. Article 8(2) that such interference was “necessary in a
Saying that the value of non-sexism “is foundational to democratic society.” The land was the subject of
our constitution,” Justice Sachs pointed out that the environmental protection and a wide margin of discretion
objective of the Acts was to ensure that widows received was to be accorded to planning issues. The court also
at least a child’s share instead of being precariously
noted that the emerging consensus among Contracting
dependent on family benevolence. The purpose of the
states of the Council of Europe on the special needs of
Acts would be frustrated if widows were to be excluded
minorities and an obligation to protect their security,
from the protection the Acts offer, just because the legal
identity and lifestyle was not
form of their marriage
sufficiently concrete for the
happened to accord with Muslim
court to derive any guidance as
tradition and not the Marriage
Act. to the conduct or standards for
treatment of minorities, which
The applicant was, therefore, a Contracting States consider
‘spouse’ and a ‘survivor’ for the desirable in any particular
purpose of the Acts. situation. The right to non-
Full text of decision at: http:// discrimination was likewise not
www.concourt.gov.za/files/daniels/ violated since any differences in
daniels.pdf treatment were a legitimate aim
European Court of for environmental protection
and any discrimination was
Housing Rights
proportionate to those aims. It
Chapman vs United should be noted that the
Kingdom minority registered a strong
European Court of Human dissent.
Rights (2001) 33 EHRR 399
López Ostra vs Spain
European Court of Human
Keywords: Equality and non-
Rights, Series A, No 303-C;
discrimination – housing
(1995) 20 EHHR 277
rights and forced eviction –
land and property rights – race and ethnicity Keywords: Environmental rights – housing rights –
Facts: The applicant, a Gypsy woman,137 purchased positive obligations
land in 1985 with the intention of living on it in a caravan Facts: The national authorities’ failed to regulate a
after a history of continual eviction and harassment. She privately-owned polluting tannery plant that produced
was refused planning permission to reside on the land air pollution, which made local residents’ living conditions
and was given 15 months to vacate the land. She claimed unbearable and caused them serious health problems. The
that, inter alia, her right to respect for her home, family
applicant alleged that there had been a violation by a
and private life (Article 8) and her right to non-
public authority of her right to respect for her home that
discrimination (Article 14) had been violated.
made her private and family life impossible (Article 8).
Decision: The Court held that there had been an She also claimed that she was the victim also of degrading
‘interference’ with the enjoyment of a home, as well as treatment (Article 3). It was not proven incontrovertibly
137.While the term ‘gypsy’ has often been used and experienced as a derogatory term, that is not the intention here. In the UK, in the
context of planning and local authority law, the term ‘gypsy’ has the specific meaning of anyone – regardless of race or origin – who
is of a nomadic habit of life and travels around for economic reasons (Source: Your rights - Liberty’s online guide to human rights law
for England and Wales).

that there was a causal link between the health damage Keywords: Forced Eviction – Roma – Article 8
suffered and the pollutants released from the plant.
Facts: Several gypsy persons were evicted by local
Decision: The court stated that severe environmental authorities from a halting site. The local authorities relied
pollution may affect individuals’ well-being and prevent on a law that allowed them to obtain an eviction order
them from enjoying their homes in such a way as to based solely on the fact that the local authority could
affect their private and family life adversely without, show that it had withdrawn permission to occupy the
however, seriously endangering their health. land and had issued a notice to quit.
The court held that the State failed to succeed in striking Decision: The European Court held that an interference
a fair balance between the interest of the town’s with the home in the context of Article 8 of the European
economic well-being in having a waste-treatment plant, Convention will be considered “necessary in a democratic
and the applicant’s effective enjoyment of her individual society” for a legitimate aim if it answers a “pressing
right to respect for her home and her private and family social need” and, in particular, if it is proportionate to
life. Consequently, it held that there had been a violation the legitimate aim pursued. In this regard there is a “margin
of Article 8 of the Convention and awarded of appreciation” left to the national authorities who are
better placed than an international court to evaluate local
compensation.
needs and conditions. The court stated that “this margin
The court held further that the conditions in which the will vary considerably according to the nature of the
applicant and her family had lived did not amount to Convention rights at issue, its importance for the
degrading treatment within the meaning of Article 3. individual and the nature of the activities restricted, as
well as the nature of the aim pursued by the restrictions.
Selçuk and Asker vs Turkey The margin will tend to be narrower where the right at
European Court of Human Rights, (1998) 26 EHRR stake is crucial to the individual’s effective enjoyment of
477 intimate or key rights. The court went on to state that
Keywords: Housing rights – property rights – forced Article 8 concerns rights of central importance to the
evictions – inhuman treatment individual’s identity, self-determination, physical and
moral integrity, maintenance of relationships with others
Facts: The applicants argued that the destruction of and a settled and secure place in the community. The
their homes by Turkish military forces was, inter alia, a serious interference with the applicant’s rights under Article
violation of their rights to respect for the home and 8 requires, in the courts opinion, particularly weighty
peaceful enjoyment of their property. They also claimed reasons of public interest by way of justification, and the
that the circumstances of the destruction of their homes margin of appreciation to be afforded to the national
and their eviction from their village constituted a breach authorities must be regarded as correspondingly narrowed.
of Article 3 of the Convention, which states that no one The procedural safeguards available to the individual will
shall be subject to torture or to inhuman or degrading be especially important in determining whether a State has
treatment or punishment. remained within its margin of appreciation.
Decision: The court held that there had been a violation The European Court held that the mere fact that “anti-
of the applicants’ rights to peaceful enjoyment of their social behaviour” occurs on local authority gypsy sites
property and right to respect for their homes. cannot, in itself, justify a summary power f eviction. The
Furthermore, the court held that, bearing in mind the existence of procedural safeguards is a crucial
manner in which the applicants’ homes were destroyed consideration in the Court’s assessment of the
and their personal circumstances, they had been subject proportionality of the interference. Finding a violation
to inhuman treatment in violation of Article 3. Due to of Article 8, the Court held that the eviction of the
the absolute nature of Article 3, any such violation is applicant was not attended by the requisite procedural
unjustifiable, even in times of national emergency. safeguards, namely the requirement to establish proper
justification for the serious interference with his rights.
Connors vs United Kingdom Consequently, it could not be regarded as justified by
European Court of Human Rights, Application No “pressing social need” or proportionate to the legitimate
66746/01 (27 May 2004). aim being pursued.

Romania obliged to live, and some of them still live, in crowded
and unsuitable conditions – cellars, hen-houses, stables,
Moldovan and others vs Romania
etc. - and frequently changed address, moving in with
European Court of Human Rights, Application Nos. friends or family in extremely overcrowded conditions.
41138/98 and 64320/01 (12 July 2005). Having regard to the direct repercussions of the acts of
State agents on the applicants’ rights, the court considered
Keywords: Forced Evictions – Roma – Article 8 that the government’s responsibility was engaged regarding
Facts: The applicants lived in Hãdãreni, in the district the applicants’ subsequent living conditions.
of Mureº (Romania) where they were agricultural There was no doubt that the question of the applicants’
workers. In September living conditions fell
1993, a row broke out within the scope of their
between three Roma men right to respect for family
and a non-Roma villager in and private life, as well as
Hãdãreni that led to the their homes. Article 8 was
villager’s son, who had thus clearly applicable to
tried to intervene, being those complaints.
stabbed in the chest by one Considering whether the
of the Roma men. The national authorities took
three Roma men fled to a adequate steps to put a
nearby house. A large, stop to breaches of the
angry crowd gathered applicants’ rights, the court
outside, including the local noted that:
police commander and • despite the
several officers. The house involvement of State
was set on fire. Two of the agents in the burning of
Roma men managed to the applicants’ houses, the
escape from the house, but Public Prosecutors’ Office
were chased by the crowd failed to institute criminal
and beaten to death. The proceedings against them,
third was prevented from preventing the domestic
leaving the building and courts from establishing
burnt to death. The the responsibility of those
applicants alleged that the officials and punishing
police had encouraged the them
crowd to destroy more Roma property in the village. By
• the domestic courts refused for many years to award
the following day, 13 Roma houses had been completely
destroyed including the homes of all seven applicants. pecuniary damages for the destruction of the
Much of the applicants’ personal property was also applicants’ belongings and furniture
destroyed. • it was only ten years after the events that
compensation was awarded for the destroyed
Decision: The court noted that it could not examine the
applicants’ complaints about the destruction of their houses houses, although not for the loss of belongings
and possessions or their expulsion from the village, because • in the judgment in the criminal case against the accused
those events took place in September 1993, before the villagers, discriminatory remarks about the applicants’
ratification of the Convention by Romania in June 1994. Roma origin were made
However, it was clear from the evidence submitted by • the applicants’ requests for non-pecuniary damages
the applicants and the civil court judgments, that police were also rejected at first instance, the civil courts
officers were involved in the burning of the Roma houses considering that the events - the burning of their houses
and tried to cover up the incident. Having been hounded and the killing of some of their family members -
from their village and homes, the applicants were then were not of a nature to create any moral damage

• when dealing with a request from on of the Applicants many other rights (civil and political as well as economic,
for a maintenance allowance for her minor child, social and cultural) and is of central importance to the
whose father was burnt alive during the incident, the family. The committee recalled its previous case law to
regional court awarded an amount equivalent to a the effect that, in order to satisfy Article 16, States must
quarter of the statutory minimum wage, and decided promote the provision of an adequate supply of housing
to halve that amount on the ground that the deceased for families, take the needs of families into account in
victims had provoked the crimes housing policies and ensure that existing housing is of an
adequate standard and includes essential services. In
• three houses were not rebuilt and the houses rebuilt
addition, ‘adequate housing’ requires a dwelling of suitable
by the authorities were uninhabitable; and
size. Furthermore, the obligation to promote and provide
• most of the applicants did not return to their village, housing extends to security from unlawful eviction.
and lived scattered throughout Romania and Europe
The committee held that the implementation of Article
In the court’s view, those elements taken together indicated 16 with regard to nomadic groups, including itinerant
a general attitude on the part of the Romanian authorities Roma, implies that adequate stopping places should be
which perpetuated the applicants’ feelings of insecurity provided. The committee stated that, in this respect, Article
after June 1994 and affected their rights to respect for 16 contains similar obligations to Article 8 of the
their private and family life and their homes. The court European Convention of Human Rights.
concluded that that attitude, and the repeated failure of Regarding the first aspect of the complaint, (i), the
the authorities to put a stop to breaches of the applicants’ committee found that Greece had failed to take sufficient
rights, amounted to a serious violation of Article 8 of a measures to improve the living conditions of Roma and
continuing nature. that those measures taken had not yet achieved what is
European Roma Rights Centre vs Greece138 required by the Charter (notably, because there were
Complaint No 15/2003 (8 December 2004) insufficient means for constraining or sanctioning local
authorities). On the evidence submitted, the committee
Housing rights – eviction – Roma – equality found that a significant number of Roma were living in
Facts: This collective complaint, made by the European conditions that failed to meet minimum standards.
Roma Rights Centre (ERRC), alleged that Roma in Greece Therefore, the situation was in breach of the obligation to
were denied an effective right to housing. The Committee promote the right of families to adequate housing laid
focused on three aspects of the claims made in the complaint: down in Article 16. In light of the excessive numbers of
Roma living in substandard housing conditions, “even taking
(i) the insufficient number of permanent dwellings of into account that Article 16 imposes obligations of conduct
an acceptable quality to meet the needs of settled Roma and not always of results and noting [that] the overarching
(ii) the insufficient number of stopping places for Roma aim of the Charter is to achieve social inclusion”,141 the
who choose to follow an itinerant lifestyle or who committee held that the situation was in violation of Article
are forced to do so; and 16 of the Charter.
(iii) the systematic eviction of Roma from sites or In relation to the second aspect of the complaint, (ii), the
dwellings considered to be unlawfully occupied by committee noted that the law set out extremely strict
them. The complainants alleged that these facts conditions for temporary encampment and amenities and
constituted a violation of Article 16 of the Charter139 that, due to the local authorities’ lack of diligence in
or Article 16 in light of the Preamble 140 of the selecting appropriate sites, as well as their reluctance to
European Social Charter. carry out the necessary works to provide the appropriate
infrastructure, Roma had an insufficient supply of
Decision: The European Committee of Social Rights appropriate camping sites. This situation constituted a
noted that the right to housing permits the exercise of violation of Article 16 of the Charter. With regard to the
138. Complaint No 15/2003, 8 December 2004

139. Art16 provides for the right of the family to social, legal and economic protection, including the undertaking of State Parties to promote
the economic, legal and social protection of family life by means including the provision of family housing
140. The Preamble states that the enjoyment of social rights should be secured without discrimination on the grounds of, inter alia, race
141. Para 43

third aspect, (iii), the committee stated that illegal compensation to the Awas Tingni community and
occupation of a site or dwelling may justify the eviction ordered the State to adopt the measures necessary to
of the illegal occupants. However, the criteria of illegal create an effective mechanism for delimitation,
occupation must not be unduly wide, the eviction should demarcation and titling of the property of indigenous
take place in accordance with the applicable rules of communities within 15 months. Furthermore, until the
procedure and these should be sufficiently protective of delimitation, demarcation and titling of the lands have
the rights of the persons concerned. The committee been carried out, the State was required to abstain from
considered that the situation at issue was not satisfactory acts which might lead State agents or third parties acting
on these three grounds. with its acquiescence to affect the existence, value, use or
The Council of Europe Committee of Ministers enjoyment of the lands in question.
subsequently adopted a resolution142 in which they noted, More generally, the court ruled under Article 1(1) of the
inter alia, the extension and revision of the housing loans American Convention State Parties have a “fundamental
programmeme for Greek Roma and the fact that a duty to respect and guarantee the rights recognised in the
commission for the social integration of Greek Roma
Convention” and that either acts or omissions of any
had been established. The committee therefore decided
public authority constitute an act imputable to the State.
not to accede to the request for reimbursement of costs
incurred by the ERRC in preparing the complaint, which Full text of decision: http://www1.umn.edu/humanrts/iachr/
had been transmitted to it by the European Committee AwasTingnicase.html
of Social Rights. Yanomami Indians vs Brazil
Inter-American Court of Human Rights Inter-American Commission on Human Rights, Case
7615 (1984)
Comunidad Mayagna (Sumo) Awas Tingni vs
Nicaragua Keywords: Indigenous peoples – health rights –
Judgment of August 31, 2001, Inter-Am Ct HR, (Ser C) cultural rights – land and property rights- positive
No 79 (2001) obligations
Keywords: Indigenous peoples – land and property Facts: As a result of the Brazilian government’s sanctioning
rights – obligation to protect – compensation of the exploitation of the Amazonias by means of a road-
building programme, the Yanomami Indians were
Facts: The complainants requested a ruling from the displaced from their ancestral land and were exposed to
court requiring that Nicaragua compensate the Awas epidemics including influenza, tuberculosis, measles and
Tingni Indians for the encroachment on their land caused others. They argued that the government had not taken
by the government’s approval of destructive logging adequate action to address these health crises.
concessions on indigenous communal lands, without
consultation with or agreement from the affected Decision: The failure of the Brazilian government to
communities. It was alleged that Nicaragua had failed to fulfil their positive obligations to provide the Yanomami
carry out its legal duty to demarcate and legally secure Indians with a park for the protection of their heritage or
indigenous lands. to protect them from disease and ill-health amounted to,
Decision: The court held that Article 21 of the American inter alia, a violation of their right to residence and movement
Convention on Human Rights protects the right to and the right to the preservation of health and to wellbeing
property in a sense, which includes the rights of members as recognised in Articles VIII and XI of the American
of the indigenous communities within the framework Declaration of the Rights and Duties of Man. The
of communal property. It stated that the government commission recommended that, among other things, “the
had breached Article 21 of the Convention by failing to government of Brazil continue to take preventive and
demarcate the indigenous lands of the community and curative health measures to protect the lives and health of
by not taking other effective measures to ensure the Indians exposed to infectious or contagious diseases.”
property rights of the community to its ancestral lands Full text of the decision: http://www.wcl.american.edu/pub/humright/
and natural resources. The Court granted monetary digest/interamerican/english/annual/1984_85/res1285.html
142. Resolution ResChS(2005)11, 8 June 2004

Australia resettlement of the slum dwellers. Any such plan to evict
slum dwellers should provide for evictions to occur in
Balaiya vs Northern Territory Government
phases and according to a person’s ability to find
Northern Territory Anti-Discrimination Commission,
alternative accommodation. The Court directed that
ADC File No. C2002 1202-01.
reasonable time should be provided before the eviction.
Keywords: Social housing – discrimination
Canada
Facts: The complainant, an elderly indigenous man,
Kearney & Ors vs Bramlea Ltd & Ors
brought a complaint under Sections 22 and 24 of the
Ontario Board of Inquiry, (No 2) (1998), 34 CHRR D/1
Anti-Discrimination Act (NT) 1996. He alleged that an
offer of public housing by the Provincial Government, Keywords: Equality and non-discrimination –
consisting of a one-bedroom unit, amounted to women’s rights – housing rights and forced
unreasonable indirect discrimination on the grounds of evictions – race and discrimination
his race in the provision of accommodation, and a failure
Facts: The applications of three different women to
to accommodate his special needs in the provision of
rent apartments were rejected by corporate landlords.
accommodation on the grounds of his race, in particular
Each landlord used minimum-income criteria to vet
by preventing him from engaging in cultural practices
applications (eg, rental payments should not exceed a
essential to his race as an indigenous person.
percentage of income, for example 30 percent). Since
De cision: The Anti-Discrimination Commission landlords had fixed rents, this requirement resulted in
declared the complaint admissible. The parties subsequently excluding low-income persons being rejected.
entered into a confidential settlement of the proceedings.
Decision: The Board of Inquiry found that the minimum
Bangladesh income criteria constituted indirect discrimination. The rule
adversely affected women, racial minorities, younger people
ASK vs Government of Bangladesh and those receiving social security. These groups were more
Supreme Court of Bangladesh Writ No 3034 of 1999 likely to be poor and therefore disadvantaged by the rule.
Keywords: Housing rights and forced evictions – Arguments that the rule was necessary for business
directive principles – negative obligations – right profitability were dismissed – there was no evidence that
to livelihood those paying in excess of 30 percent of income on rent
would be more likely to default on their rental payments.
Facts: The inhabitants of a large number of basties
(informal settlements) in Dhaka City were evicted without United Kingdom
notice and bulldozers demolished their homes. Two South Bucks District Council & Anor vs Porter (FC)
inhabitants and three NGOs lodged a complaint. United Kingdom House of Lords, 1 July 2004
Decision: Referring to Olga Tellis v BMC (Supreme Court Keywords: Housing rights – illegal occupation – gypsies
of India decision, see below), the Supreme Court found
that the right to livelihood could be derived from Facts: The appellant was a gypsy who, having bought
a site located in the ‘Green Belt’ in 1985 had lived there
constitutional fundamental rights, including the rights to
with her husband in breach of planning control. A
life, respect for dignity and equal protection of the law.
planning inspector had granted planning permission for
The Court noted that the right to livelihood of the
the retention of a mobile home and outbuildings on the
inhabitants had been severely impacted by the evictions. site, reversing previous rejections of the appellant’s
The Court held that the State must direct its policy towards application for planning permission. This appeal sought
ensuring the provision of the basic necessities of life to reverse the decision of a lower court quashing the
including shelter, a directive principle enshrined in the Inspector’s decision. The Council alleged, inter alia, that
Constitution (Article 15). While such directive principles the inspector had failed to have regard to the unlawfulness
are not judicially enforceable, the Court held that the right of the appellant’s occupation of the land.
to life included the right not to be deprived of a livelihood Decision: The House of Lords considered whether
and shelter. The Court ordered the government to the prior unlawful use of the site was a material
develop master guidelines, or pilot projects for the consideration militating against the grant of planning

permission. It found that, where an occupier seeks to shelter to any man who asked for it. The action was
rely upon the very fact of his continuing use of land, the based on provisions of the New York Constitution and
unlawfulness of that use must be recognised as a other state and municipal laws, particularly Article XVII,
consideration operating to weaken his claim. Where such §1 of the State Constitution, which provides that “the
a claim was made, it would seem to raise issues closely
aid, care and support of the needy are public concerns
analogous to those arising on an Article 8 ECHR claim.
It would therefore require substantially the same and shall be provided by the state and by such of its
approach to the lawfulness or otherwise of the period subdivisions, and in such manner and by such means, as
of occupation as the ECtHR adopted in Chapman vs the legislature may from time to time determine.”
UK. On the facts of this case, however, the unlawfulness
Decisio: A decision was reached through negotiations.
of the prior occupation was of little if any materiality.
The plaintiffs and defendants entered into a consent
United States of America decree requiring New York City to furnish sufficient
Callahan vs Carey beds to meet the needs of every homeless man applying
Supreme Court of New York, Cot 18, 1979, No 79- for shelter.
42582
Keywords: Housing rights – homelessness persons Sources: Centre on Housing Rights and Evictions (COHRE), January 2006
Leading cases on Economics, Social and cultural rights: Summaries
Facts: The case was a class-action suit on behalf of Working Paper No. 3 ESC Ligation Programme
homeless men in Manhattan requesting the city to provide website:http://www.cohre.org/view_page.php?page_id=62#i98

United Nations Housing Rights Programme
T
he UN-HABITAT and the Office of the United List of reports
Nations High Commissioner for Human Rights Housing Rights Legislation
(OHCHR) launched the United Nations Housing A review of housing rights in international and national law,
Rights Programme (UNHRP) in 2002 as a joint initiative. including a discussion of housing-rights as progressive legal
The establishment of the programme was a direct obligations, the report also reviews selected adjudication, eg
response to the United Nations Commission on Human how housing rights legislation is being implemented. The
Settlements resolution 16/7 and United Nations report illustrates that effective constitutional and
Commission on Human Rights resolutions legislative measures on the right to adequate housing
2001/28 and 2001/34. are not only realistic but have already been used
successfully in a number of countries. The
The objective of the UNHRP is to assist States examples presented provide a framework for
and other stakeholders with the implementation model legislation with respect to specific
of their commitments in the Habitat Agenda to components of the right to adequate housing.
ensure full and progressive realisation of the right
to adequate housing as provided for in the international International Instruments on Housing Rights
instruments. This substantive focus is grounded in the A compilation with excerpts of relevant international
Habitat Agenda, in particular paragraph 61, which states, instruments on housing rights includes ratification information
“Within the overall context of an enabling approach, the and interpretative documents by the United Nations
governments should take appropriate action in order to Committee on Economic, Social and Cultural Rights (such as
promote, protect and ensure full and progressive realisation the full text of relevant General Comments to the International
of the right to adequate housing”. The UNHRP is based Covenant on Civil and Political Rights), and other entities. The
on the mandates of both UN-HABITAT and OHCHR, latter includes the full texts of two of the most important
and operates as a fundamental tool for the Global interpretative texts relating to economic, social and cultural
Campaign for Secure Tenure. The UNHRP is rights: the Limburg Principles on the Implementation of the
implemented in close consultation with the Special International Covenant on Economic, Social and Cultural
Rapporteur on adequate housing and relevant United Rights and the Maastricht Guidelines on Violations of
Economic, Social and Cultural Rights.
Nations treaty bodies, such as the Committee on
Economic, Social and Cultural Rights. National Housing Rights Legislation
This is a compilation of constitutional clauses with respect
The civil society and non-governmental organisations, women’s to housing rights. It also contains the full texts or excerpts
organisations, national human rights institutions, research and of selected legislation related to housing from several
academic institutions and associations of relevant professions States – representing a variety of legal, political, economic
and local authorities are expected to play important roles as and cultural systems and traditions. The compilation is
partners in the implementation of the UNHRP. not comprehensive, yet, it is representative of the various
The first phase of the UNHRP (2002-2004) focuses on means by which States have chosen to include housing
five programme areas: advocacy, outreach and learning rights, including their obligations regarding international
instruments, within their domestic legal systems.
from partners; support for the United Nations human
rights mechanisms on housing rights; monitoring and Compilation of Selected Adjudication on
evaluation of the progress of realisation of housing rights Housing Rights
(including development of housing rights indicators); A compilation of selected court cases related to housing
research-analysis of housing rights (promotion and rights and other adjudication from national and international
development of relevant norms, standards and guidelines legal institutions, including the European Court of Human
as well as thematic research on housing rights); and Rights. Includes relevant excerpts of national legislation
capacity-building and technical co-operation (assistance critically reviewed by the United Nations Committee on
to States and other stakeholders in building capacities for Economic, Social and Cultural Rights.
implementation and monitoring of housing rights). Source: http://www.unhabitat.org/unhrp
165
Guidelines on development-based
evictions and displacement
Milloon Kothari *
1. Scope and nature related displacement in urban and/or rural areas.

1. The obligation of States to refrain from, and protect These guidelines represent a further development of
against, forced evictions from home(s) and land arises the United Nations Comprehensive Human Rights
from several international legal instruments that Guidelines on Development-based Displacement
protect the human right to adequate housing and (E/CN 4/Sub 2/1997/7, annex). They are based
other related human rights. These include the Universal on international human rights law, and are consistent
Declaration of Human Rights, the International with general comment 4 (1991) and general comment
Covenant on Economic, Social and Cultural Rights 7 (1997) of the Committee on Economic, Social
(Art 11, para 1), the Convention on the Rights of the and Cultural Rights, the Guiding Principles on
Child (Art 27, para 3), the non-discrimination International Displacement (E/CN 4/1998/53/Add
provisions found in Art 14, para 2 (h), of the 2), the Basic Principles and Guidelines on the Right
Convention on the Elimination of All Forms of to Remedy and Representation for Victims of Gross
Discrimination against Women, and Art 5 (e) of the Violations of International Human Rights Law and
International Convention on the Elimination of All Serious Violations of International Humanitarian Law,
Forms of Racial Discrimination. adopted by the General Assembly in its resolution
60/147, and the Principles on Housing and Property
2. In addition, and consistent with the indivisibility of a Restitution for Refugees and Displaced Persons (E/
human rights approach, Article 17 of the International CN 4/Sub 2/2005/17).
Covenant on Civil and Political Rights states that “no
one shall be subjected to arbitrary or unlawful 4. Having due regard for all relevant definitions of the
interference with his privacy, family, home or practice of “forced evictions” in the context of
correspondence”, and further the “everyone has the international human rights standards, the present
right to the protection of the law against such guidelines apply to acts and/or omissions involving
interference or attacks”. Article 16, paragraph 1, of the coerced or involuntary displacement of individuals,
the Convention on the Rights of the Child contains groups and communities from homes and/or lands
a similar provision. Other references in the and common property resources that were occupied
international law include Article 21 of the 1951 or depended upon, thus eliminating or limiting the
International Convention regarding the Status of ability of an individual, group or community to reside
Refugees; Article 16 of International Labour or work in a particular dwelling, residence or location,
Organisation (ILO) Convention 169 concerning without the provision of, and access to, appropriate
indigenous and tribal peoples in independent forms of legal or other protection.
countries (1989); and Article 49 of the Fourth Geneva 5. Forced evictions constitute a distinct phenomenon
Convention relative to the protection of civilian under international law, and are often linked to the
persons in time of war of 12 August 1949. absence of legally secure tenure, which constitutes
3. The present guidelines address the human rights an essential element of the right to adequate housing.
implications of development-linked evictions and The forced evictions share many consequences similar
* Milloon Kothari, an architect by profession, is actively involved with the housing rights movement for more than two decades. He is a
special rapporteur of the United Nations Commission on Human Rights (UNCHR), on adequate housing as a component of the right to
an adequate standard of living. He is affiliated to the Habitat International Coalition, New Delhi, India

to those resulting from arbitrary displacement, 9. Displacement resulting from environmental
including population transfer, mass expulsions, mass destruction or degradation, and evictions or
exodus, ethnic cleansing and other practices involving evacuations resulting from public disturbances, natural
the coerced and involuntary displacement of people or human-induced disasters, tension or unrest,
from their homes, lands and communities. internal, international or mixed conflict (having
6. Forced evictions constitute gross violations of a range domestic and international dimensions) and public
of internationally recognised human rights, including emergencies, domestic violence, and certain cultural
the human rights to adequate housing, food, water, and traditional practices, often take place without
health, education, work, security of the person, security regard for existing human rights and humanitarian
of the home, freedom from cruel, inhuman and standards, including the right to adequate housing.
degrading treatment, and freedom of movement. The Such situations may, however, involve an additional
evictions must be carried out lawfully, only in set of considerations that the present guidelines do
exceptional circumstances, and in full accordance with not explicitly address, though they can also provide
relevant provisions of international human rights and useful guidance in those contexts. Attention is drawn
humanitarian law. to the basic Principles and Guidelines on the Right
to Remedy and Reparation for Victims of Gross
7. Forced evictions intensify inequality, social, conflict,
Violations of International Human Rights Law and
segregation and “ghettoisation”, and invariably affect
Serious Violations of International Humanitarian Law,
the poorest, most socially and economically vulnerable
and marginalised sectors of society, especially women, the Guiding Principles on Internal Displacement, and
children, minorities and indigenous peoples. the Principles on Housing and Property Restitution
for Refugees and Displaced Persons.
8. In the context of the present guidelines,
development-based evictions include evictions often 10. While recognising the wide range of contexts in
planned or conducted under the pretext of serving which forced evictions take place, the present
the “public good”, such as those linked to guidelines focus on providing guidance to States on
development and infrastructure projects (including, measures and procedures to be adopted in order to
for example, the construction of large dams, large- ensure that development-based evictions are not
scale industrial or energy projects, or mining and other undertaken in contravention of existing international
extractive industries); land-acquisition measures human rights standards and do not thus constitute
associated with the urban renewal, slum-upgrades,
“forced evictions”. These guidelines aim at providing
housing renovation, city beautification, or other land-
use programmes (including for agricultural purposes) a practical tool to assist States and agencies in
property, real estate and land disputes; unbridled land developing policies, legislation, procedures and
speculation; major international business or sporting preventive measures to ensure that forced evictions
events; and ostensibly environmental purposes. Such do not take place, and to provide effective remedies
activities also include those supported by international to those whose human rights have been violated,
development assistance. should prevention fail.
167 Guidelines on dev-based evictions and displacement

section seven
th e de claratio n s
the delhi declaration

world charter on the right to the city
The Delhi Declaration
poor, representing workers living in slums and
O
n World Habitat Day, October 4, 2004,
a rally was held from Rajghat to Jantarpavements of 36 cities from all over the country,
met under the banner of the India Habitat
Mantar in the national capital of Delhi.
Campaign in New Delhi, 1-4 October 2004,
After the rally, a delegation of ten persons met the
President APJ Abdul Kalam and presented the organised by the National Forum for Housing
“Delhi Declaration” memorandum to him for the Rights India and Human Rights Law
right to adequate housing for all. Network, New Delhi. After intensive sharing
of the deteriorating situations regarding housing
Preamble due to globalisation, liberalisation and
We, as organisations involved in the survival privatisation and after field visits at the relocated
struggles of unorganised sector labour and urban sites in Delhi, we resolve the following:
“We the slum, pavement dwellers and the homeless persons of India are to put forth
Declaration to the United Progressive Alliance (UPA) government to implement
workable solutions for our miseries in accordance with the National Common Minimum
Programme.
“We the citizens are the victims and soft targets of land grabbers in the country who
occupy our lands in the name of so-called development at (extremely subsidised costs
and gain huge direct or indirect profits) while we are continuously squeezed in lesser and
lesser urban space.
“We the unorganised workers are treated as secondary citizens by continuously being
dragged out of the city to untenable and undeveloped lands on the pretext of city-
beautification/ urban-renewal while our children starve at remote areas without livelihood,
basic amenities or services.
“We the small entrepreneurs are the driving force of the cities’ economy and we contribute
at least 62 percent of economic product and form more than 85 percent of employment,
still our enterprises are deemed as illegal, demolished, deprived and our productivity for
enhancing the cities’ infrastructure is undermined.
“We the informal manual labourers who toil day and night in city’s infrastructure
development work in constructing roads, multi-complexes, commercial and residential
buildings, yet none of us receive the mandated minimum wages envisaged under the law
and hence we are not able to meet our basic needs like adequate shelter, children’s
education and health care. Consequently we the citizens of India after 57 years of
Independence live on the pavements or shanty homes facing everyday insecurity and
threat of evictions and are left unsheltered during rains, winter and scorching heat!
171
“We, the toiling people, unorganised workers in the city and countryside, are affected
particularly by mechanisation, liberalisation and import policies under globalisation,
that deprive us of work and livelihood and force us to migrate where work is
available. The common struggle against mechanisation, globalisation and
liberalisation is a must to stop rural and urban destitution.
“We the urban poor who constitute half of the city’s population reside in less than
one-twentieth of the urban space and that too in pockets that are extremely marginal,
but in spite of this fact the present policies of the Centre, state and local bodies
have failed in addressing the issues of gross inequality. Nor have they planned for
a long-term comprehensive workable solution to resolve this impending habitational
crisis.
“We the urban poor are not creating slums in cities, but slum like situations are created due to
unjust and inequitable landholding. Proliferation of slums and homelessness are the consequences
of the failed policies, bad governance, uncontrolled looting, rigged markets and wrong priorities
leaving out the housing needs of the majority of the population and facilitating the profiteers to
occupy more and more urban space for their limited and selfish greed.
“We emphasise on integrating housing needs of the poor into mainstream planning from
which we are usually excluded.
“We the citizens of India have come with great expectation that the UPA government
will surely work towards formulating pragmatic solutions to resolve the impending
housing crisis for the whole unorganised sector workers’ pressing habitat demands in
accordance with the National Common Minimum Programme.”
Common Demands 5. Access to land for housing for the urban poor near
1. Appeal for Constitution amendment to incorporate their place of occupation and livelihood will be
‘Right to Housing’ as a fundamental right for all feasible when urban land and property is not
citizens of the country. controlled and concentrated in the hands of a few.
Hence we appeal to the UPA government to
2. Reserve 30 percent of land in all residential land-use reintroduce the Urban Land (Ceiling &
areas (public or private) in urban and Regulation) Act, 1976 with clear pro-poor
semi-urban cities for meeting the
Courtesy:Tehelka, Oct 23, 04
provisions.
habitat needs of all unorganised
sector workers within the city limits. In majority of the cities there are Urban
Ceiling Lands acquired by the state
3. The UPA government must ensure governments and union territories, which are
that the urban poor inhabitants must being surreptitiously transferred in the interest
not be forcefully evicted and care of the rich and powerful. Hence, the Cenre
must be taken that the unorganised must direct the states and union territories
sector workers are provided World Habitat Day rally, in Delhi that the urban ceiling lands, which had been
adequate housing near their place of acquired before the Repealing of the Land Ceiling
occupation and livelihood as promised under the Act must be specifically allocated and used for housing
CMP. the urban poor.
4. The National Slum Policy Draft (1999) introduced 6. New laws like the industrial area and township
by the NDA government is recommended for development Acts introduced and amended for the
further amendments/ modifications in line with the purpose of large mega projects, or hi-tech economies,
CMP and should be placed for public debate and be repealed and their special purpose bodies brought
then tabled before Parliament. under elected wings of the local bodies.

7. Urban Land Policy adopted by the NDA government In lieu, we propose in-situ land reform and
should be quashed and new Urban Land Policy should upgrading of slums with individual services, basic
be drafted in line with the CMP to make access to infrastructure and amenities ensuring as far as possible
land feasible for the urban poor inhabitants for an increase in the available space to the poor but not
strategically achieving the goal of the Social Housing a decrease by urban local bodies and urban local
and access to economic opportunity and livelihoods. bodies-based regularisation procedures.
8. Like the National Women’s Commission and the A reconsideration of the Supreme Court’s ‘black
Minority Commission, the UPA government should laws’ that restrict access to the basic services and
also set up a national commission on housing and infrastructure.
include it in the agenda of the National Human 13. As the UPA government is intending to introduce
Rights Commission. Rural Employment Guarantee Scheme for the rural
population, similar urban employment guarantee
9. Allocate appropriate budget in proportion of urban
scheme must be replicated in urban centres for the
poor in cities in the 10th Five-Year Plan.
economically weaker sections.
10. The central government must direct the National
14. The nationalised and private banks must be directed
Labour Commission to incorporate actual expenses to provide housing loans to the urban poor,
on housing, health; education while calculating and unorganised sector workers and logical mechanisms
fixing the statutory minimum wages and the must be created for repayments based on the actual
minimum wages should be strictly implemented. A income and expenses of the urban poor.
considerable degree of exclusion of poor happens
due to very narrow definitions of poverty. There is 15. Strengthen and fund in substantial terms the social
a need to include costs of living (housing and basic welfare programmes like the Public Distribution
services, education, health) in computing both System (PDS), Integrated Child Development
poverty lines and minimum wages that enable people Scheme (ICDS), basic health and education, etc.
to live above poverty standards. These hold true for 16. As per the 74th Amendment and Article 243-G
the PDS system as well as poverty alleviation schedule-12, security of tenure and urban planning
programmes. These standards should be evolved at must be included as a mandatory function in urban
the local ie municipal level and should be common local bodies.
across all departments and schemes.
17. Land title must be allotted in the name of women
11. Transfer lands owned by the public authorities like and all sections of the urban poor must be entitled
railways, Defence and other central government with tenure security for their housing. The
organisations to the local bodies where they are recommendations of the National Commission for
presently being occupied by poorer settlements. Title Women from their public hearings on women and
to the occupant of this land should be given in the globalisation must be immediately implemented.
name of women irrespective of their marital status Especially, struggle against globalisation and
and the local bodies should be directed to extend mechanisation must be strengthened to curb need
basic services and infrastructure. for migration.
12. We oppose the international money lender and 18. Basic services like potable water, electricity,
maintenance of sewage, drainage lines and regular
developer driven scheme of squeezing the poor into
garbage clearance must be provided in priority to
lesser space in the name of in-situ multistory housing
all poor settlements.
by land sharing where the developer earns huge
profit by freeing the land occupied by the poor and 19. Basic amenities like rationshops, schools and public
selling the flats and commercial spaces in the open health centres, child care services, etc., must be
market and by getting transferable development provided rationally taking into account the norms
rights. Experience has shown clear evidence that the based on population in each settlement.
rules of such a developer driven scheme ensures 20. Urban Street Vendor Policy formed for street
that only 25 percent of the occupants get flats which vendors, which has was passed by Parliament in
are worse than their previous dwelling and with December 2003, should be implemented on the
substantial and unaffordable hidden costs. ground by forming the ward committees.
173 The Delhi Declaration

World Charter on the Right to the City
incapable of producing significant change in the
W
orld Charter on the Right to the City
was first initiated at the World Social current development models.
Forum in Porto Alegré in 2000. The Faced with this reality, the civil society entities that
Charter defines the equitable use of cities so that have maintained contact since the First World Social
the values of sustainable use of cities, democracy Forum in 2001, having analysed and debated the
and social justice is upheld and safeguarded. The problem, took up the challenge to propose a
Charter acknowledges the collective rights of the sustainable model for urban society and lifestyle,
inhabitants of cities – especially the most based on first principles of solidarity, liberty,
vulnerable and marginalised groups – to act and equality, dignity and social justice. A fundamental
organise to achieve appropriate living standards. aspect of this model shall be the respect for different
urban cultures and the balance between the urban
Preamble and rural environments.
As we enter this new millennium, half the world
population lives in cities and predictions are that Ever since the First World Social Forum (held in
by 2005 the degree of urbanisation will have the city of Porto Alegré, Brazil in 2001), a group of
social movements, non-governmental organisations,
reached 65 percent. Potentially, the cities are areas
professional associations, fora and country and
of great riches and economic, environmental, international networks concerned with the social
political and cultural diversity. The urban lifestyle struggle for cities to be more democratic, just,
influences the manner by which we establish ties human and sustainable, have been drafting a World
with our fellow human beings and with the territory. Charter in which are depicted the responsibilities
and measures to be undertaken by civil society, local
However, contrary to this potential, in the
authorities and national governments and
development models currently implemented in the international organisations to guarantee that all
majority of third world cities we find only people live with dignity in the cities.
concentration of income and power and accelerated
urbanisation processes which contribute to the The Charter on the Right to the City is an instrument
intended as a contribution to the urban struggle and
degradation of the environment and the as an aid in the process of recognition of the right
privatisation of public spaces generating social and to the city in the international human rights system.
physical segregation. The core element of this right is the equitable
Most cities are far from offering equitable conditions usufruct of the cities considering the principles of
sustainability and social justice. This right shall be
and opportunities to their inhabitants. A
understood as a collective right of all city
considerable portion of the urban population is inhabitants, especially those vulnerable and
deprived or limited in the satisfaction of their basic disfavoured, conferring legitimacy of action and
necessities because of their economic, social, organisation in accordance with their usages and
cultural, or ethic characteristic or because of gender customs in the search of full exercise of the right
or age. This favours the emergence of to an adequate standard of living. Therefore, the
representative social movements that struggle for specific focus on the Rights of the City is justified
urban rights although usually fragmented and by the following observations:

the acceleration of the rate of urbanisation – the processes is already practically
finished in Latin America and is so far advanced in Asia that whole cites have been
´´urbanised“ to the point that the possibility of any compliance with human rights
in the city is extremely remote
the tendency for both urban expansion and poverty to increase
the increasing use of vulnerable or dangerous city areas for the construction of popular
settlements and the resulting disasters
the proliferation of massive evictions, of public policies designed to prevent the
occupation of the city by the poorer segments of the population, and the growing
social segregation which is doing violence to city life and ignoring the contribution
made by the popular segments to the construction of the cities and citizenship
the necessity for the existence of a very clear, international document or instrument
on which the social action movements may base opposition to these negative tendencies
The fact that, in predominantly rural countries such as India, the tendency for
urbanisation and the concentration under precarious conditions of rural immigrants
to the great cities is accelerating. These and other similar considerations more than
justify giving special attention to the cities
The traditional approach to improvement of the quality manifestation of opinion; public security and the right to
of city life centred on housing and suburban living, has a pacific existence.
to be extended to focus on the quality of living in the city
Furthermore, in addition to guaranteeing the human rights
as means of benefiting the entire population of a city (or
of the people, the city territory, urban or rural, is the
an entire region in accelerated urbanisation).
space and place where collective rights are to be practiced
This means emphasising new means for the promotion, and assured, as a means of achieving the equable
protection and defence of the distribution and enjoyment of
economic, social, cultural, civil the resources, riches, services,
and political human rights property and opportunity of
guaranteed in the respective the cities. In this respect, it should
international human rights be borne in mind that the
instruments, by utilising distinct Charter of Collective Rights
forms of democratic enumerates the collective rights
participation and the fulfilment of all city inhabitants: the right
of the social function of the city to a proper environment, to
and property. The right to a participate in the public planning
democratic, just, equitable and An overiew of the Mumbai slums an management, to collective
sustainable city presupposes the transport and mobility, to legal
full and universal exercise by all the inhabitants of the rights and justice.
entire spectrum of economic, social, cultural, civil and
In the city, the co-relation between these rights and the
political rights enshrined in International Human Rights
necessary counterpart of duties is required in accordance
Covenants and Conventions: the right to work under with different responsibilities and economic situation of
favourable work conditions; to form Labour Unions; the inhabitants as a means of promoting the fair
to a family life; to effective social security; to an adequate distribution of the benefits and expenses resulting from
standard of living; to food and clothing; to a suitable the urbanisation process, the urban income, the democratic
home, health, water, education; the right to maintain their access to land and the public services by the poorer
culture; to political participation; free association; assembly; segment of the population.
175 World charter on the right to the city

We invite each and every person, organisations of civil society, f. For the purpose of the Charter, citizens are all persons
local and national governments and international organisations who live in the city either permanently or in transit.
to participate in this project at the local, national, regional
and global level, to contribute to the constitution, diffusion Article II. Principles and strategic foundations
and implementation of the World Charter on the Right to of the right to the city
the City as one of the paradigms of this millennium The following are the principals of the Right to the City:
demonstrating that a better world is possible. 1. Full exercise of citizenship and participation
Part one – General dispositions in the democratic management of the city
Article I. The right to the city a. The cities should be places where all human rights
a. Everyone has a right to the city without and fundamental liberties are realised and where
discrimination of gender, age, race, ethnicity, political the dignity and collective well being of all persons
and religious orientation and preserving cultural is assured under conditions of equality,
memory and identity, in accordance with the equitability and justice with full fulfilment of the
principles and norms established herein. social responsibility of the habitat. Everyone has
the right to find in the cities the conditions
b. The Right to the City is defined as the equable necessary for his or her political, economic,
enjoyment of the cities while respecting the principles cultural, social, and ecological realisation while
of sustainability, democracy and social justice, and assuming the associated duties of solidarity.
is a collective right of all city inhabitants especially
b. All persons have the right to participate in a direct
the vulnerable and disfavoured on whom is further
and representative manner in the elaboration,
conferred legality for such actions and organisation
definition, control and implementation of the
as their culture and custom suggests as a means of
public policy and the Municipal budget in the
achieving the complete enjoyment of the right to
cities in order to improve the transparency,
an adequate standard of living. The Right to the
efficiency and autonomous nature of the local
City is interdependent to all recognised international
public administrations and the popular
human rights; and its conception is based on an
organisations.
integral view, which includes civil, political, economic,
social, cultural and environmental rights enshrined 2. The social function of the city
in the international Human Rights Treaties. It includes The cities attend its social function if to guarantee to
also the right to liberty of association and all persons the full usufruct of its economy, culture
organisation; the respect for minorities and racial, and resources, as well if urban projects and invested
ethnic, sexual and cultural plurality; respect for capital are implemented for the benefit of the citizen,
immigrants; and the guarantee of preservation of by observing the criteria of equitable distribution,
historical and cultural heritages. respect for the culture and ecological sustainability;
the well being of all citizens in state of harmony
c. The city is a rich and diversified cultural space that
with nature, for today and for future generations.
belongs to all the inhabitants.
3. The social functions of the proprety
d. The cities in co-responsibility with the National States,
a. The public and private spaces and properties
commit themselves to adopt measures to maximum belonging to the city and to the citizens should be
extent possible with the resources available, and take used in such a way as to prioritise the social, cultural
all appropriate steps, in particularly by legislative and environmental interest. All citizens have a right
measures, to progressively make more fully effective to participate in the ownership of urban territory
the enjoyment of universal economic, social, cultural based on democratic parametres, on ideals of
and environmental rights, without in any way altering social justice and under sustainable environmental
the essential minimum content of these rights. conditions. In the formulation and implementation
e. For the purpose of this Charter, the denomination of public policies, the socially fair use of both
urban space and land must be promoted, with
of City is given to any town, village, city, capital,
gender and environmental equity and with safety.
locality, suburb, settlement or similar which is
institutionally organised as a local unit of municipal b. In the formulation and implementation of urban
or metropolitan government, and includes the policies the social and cultural interest must take
urban, rural and semi-rural portions of its territory. priority over the individual right of property.

c. All citizens have the right to participate on the Part two
process of generating land value increments by Rights relative to the exercise of citizenship and of participation
public investments on urban areas, which have in planning, production and management of the city
been entirely captured by the private owners
without any counterpart or activity undertaken Article III – Planning and management of the city
in their properties. The cities undertake to create institutional spaces and
opportunities for all citizens to participate fully and directly
4. Equality and non-discrimination and in an equitable and democratic manner in the planning,
The rights set out in this Charter shall be guaranteed to all elaboration, approval, management and democratic
persons who live permanently or part-time in the cities evaluation of results of public policies and budgets, of
without any form of discrimination based on age, gender, actions by collegiate organs, in audiences, conferences,
sexual orientation, language, religion, opinion, racial or ethnic public consultations and debates, popular initiatives for
origin, income level, citizenship or migratory situation. The drafting laws and urban development plans.
Cities commit themselves to implement public policies to
provide equality of opportunities to women in the cities Article IV – social housing production
according to the CEDAW and to the Summits on The cities undertake to establish the institutional and
Environment (Rio 92), Women (Beijing 95), and Habitat development mechanisms and to develop the legal,
II (Istanbul 96). The Cities commit themselves to apply financial, administrative, planning, fiscal and capacitating
resources of the government budget to implement these instruments necessary to support the various methods
policies and to establish instruments and indicators to available for the socially responsible production of an
monitoring the accomplishment of these objectives. adequate habitat and housing. Special attention should be
given to individual, family and collective self-management
5. Special protection for vulnerable persons housing production processes.
and groups
The more vulnerable groups and individuals have a Article V – sustainable and equitable urban
right to special measures for protection and development
integration, to have provided the basic services and a. The cities commit themselves to develop with the
participation of all the citizens urban-environmental
to combat the discriminations. For the purposes of
planning, regulation and management capable of
this Charter vulnerable people are the following:
guaranteeing the balance between urban development
persons and groups in situation of poverty, in health
and the protection of the environment and the cultural,
and environmental risk, victims of violence, the historical, architectural and artistic heritage, as well as
disabled people, migrants, refugees and all other preventing segregation and territorial exclusion. The
groups which, in the reality of each city, are in a cities shall prioritise the social production of habitat
situation of disadvantage with respect to the rest of and the observance of the social function of the city
the inhabitants. Within these groups, attention must and of the private property. To this end, the cities shall
be primarily paid to the elder, women and to the undertake to adapt measures of urban development,
children. The cities, through affirmative action policies in especially the recuperation of precarious or
on behalf of the vulnerable groups, shall remove marginalised settlements in order to create an integrated
economic and social obstacles that in fact restrict the and equitable city.
liberty and equality of the citizens, impede people’s
full development and effective political, economic, b. The planning, and the sector programmes and projects
in the cities shall take in account the urban security.
cultural and social participation in the city.
c. The cities shall undertake to guarantee that the public
6. The private sector´s social undertaking
services will be assured and executed by the
The cities should encourage economic agents of the administrative level nearest to the population and that
private sectors to participate in social Programmes the citizens shall participate in the management and
and economic undertakings in order to develop control over them. The public services must be
solidarity and equality of all the inhabitants in recognised and given legal status of public assets and
accordance with the guiding principles of this Charter. be protected against privatisation.
7. Enhancing economic solidarity and d. The cities shall establish social control systems related
imposing progressive policies to the urban services provide by public or private
The cities shall promote and guarantee solidarity, enterprises in especially with regard the quality of
economic policy and programmes. the services and the charges of the rates.

Article VI— right to public information of women and minorities in all local elective instances
a. Everyone has the right to request and to receive and in the definition of their public policies.
complete, correct, adequate and timely information,
Article IX — right of association, assembly,
from any department of the city administration, or from expression and the democratic use of urban
the legislative or judicial authorities, in respect of their public space
own administrative or financial activities or those of Everyone has the right to association, assembly and
the companies and private or mixed–economy societies expression. Cities undertake to make public areas available
contracted to provide public service. for open meetings and informal gatherings.
b. The employees of the city government or the private Article X — right to justice
sector receiving a request for information from a a. Signatory cities undertake to take steps to improve
citizen has an obligation to create and produce such the access of all persons to the right to justice.
information as refers to his or her area of competence
and which is available at the time. The only limit for b. Signatory cities support the resolution of civil,
access to public information is that imposed by the criminal, administrative, and labour conflicts by
right to intimacy of the persons involved. implementing procedures of public conciliation,
mediation and adjustment.
c. The cities undertake to guarantee to make available
procedures or mechanisms so that everyone may c. The cities undertake to guarantee access to justice by
have access to effective and transparent public establishing special policies of favourable treatment
information. For this purpose they shall provide for poorer population groups and by strengthening
access for all sectors of the population and facilitate the systems of free public legal defence and assistance.
instruction in the use of information technology and
how to access the data with periodic updates. Article XI — the right to the public security
and to coexistence based on peace, solidarity
d. All individuals and organised groups have the right to and multiculturalism
obtain information about the availability and utilisation a. The cities commit themselves to create conditions for
of suitable land, as well as in respect of the habitation the public security, peaceful coexistence, collective
programmes in progress or planned in the city with development and the practice of solidarity. To this end,
particular emphasis on those sectors that produce their
full usufruct of the city is guaranteed while respecting
own housing and other elements of habitation.
the diversity, and preserving the memory and the cultural
Article VII — liberty and integrity identity of all citizens without discrimination.
Everyone has the right to liberty and physical and spiritual
integrity. The cities, guarantee to provide protection so b. The principles of the mission of the security forces
that individuals or institutions of any nature do not violate shall primarily include the respect and protection of
these rights. the rights of the citizens. The cities guarantee that the
security forces under their command shall use force
Article VIII— political participation strictly in accordance with the legal provisions and
a. In conformity with the laws that regulate the exercise democratic control.
of citizenship, all citizens have the right to participate
in the local political life by means of democratic c. The cities guarantee the participation of all citizens in
elections of the local representatives and in all the control and evaluation of the security forces.
decisions which affect the local policies regarding
the city, including urban designing, development, Part three
management, renovation and improvement of Rights relating to economic, social, cultural and
neighbourhoods. environmental development of the city
b. The cities shall guarantee the right to free and Article XII – rights to water, and access to the
democratic elections of the local representatives, the supply of urban and domestic public services
realisation of plebiscites and popular legislative a. The cities shall guarantee to all citizens the right to
initiatives and the free and equal access to debates have permanent access to public services of drinking
and public audiences. water, sanitation, waste removal, medical services,
c. The cities shall implement affirmative action policies of schools, power and telecommunication supplies in
quotas for the representation and political participation joint responsibility with other public or private sectors

in accordance with international human rights within public programmes of land or housing
legislation and the legal requirements of each country. distribution or titling.
b. The cities shall undertake to guarantee that the public e. All homeless citizens whether individually, in
services, even if privatised before the signature of partnership, or in family groups are entitled to the
this Charter, are charged at rates socially accessible right of immediate provision by the city public
to the low-income families and unemployed persons, authorities of an adequate, sufficient and independent
and are adequately implemented. living space. Hostels, refuges and bed-and-breakfast
lodgings may be used as temporary expedients but
Article XIII — right to transport and public mobility do not absolve the authority of the obligation to
a. The cities guarantee the right of city mobility and provide a permanent solution.
movement by means of public transportation
f. Everyone has the right to security of tenure of his
systems adequate and affordable to the citizens. The
or her home by means of legal instruments that
cities shall promote the establishment of a public
guarantee the right of protection against evictions,
transportation system accessible to everyone in expropriations and forced or arbitrary displacement.
accordance with a suitable urban and interurban
traffic plan and with the diversity of environmental g. The cities shall impede real estate speculation by creating
urban norms and regulations for the equitable
and social needs (gender, age and incapacities). They
distribution of the expenses and benefits generated by
shall also stimulate the use of non-polluting vehicles
the urbanisation process in addition to the adjustment
and provide permanent or occasional pedestrian only of economic, tributary and financial public instruments
areas for certain times during the day. to the purposes and objectives of urban development.
b. The cities shall promote the removal of structural h. The cities shall promote adequate legislation and
barriers and the installation of equipments necessary establish mechanisms and sanctions designed to take
to facilitate displacement, movement and traffic as full advantage of the use of public land and of public
well as the adaptation of all public buildings (or those and private buildings which are unused, under-used
used by the public), workplaces and evacuation areas or unoccupied, in order to ensure the fulfilment of
for easier use by disabled persons. the social function of the property.
i. The cities shall protect the occupants from arbitrary
Article XIV — the right to housing evictions and the tenants from usury by regulating
a. In so far as they are competent to do so, the cities the rental of living accommodation in accordance
shall undertake to ensure that all citizens are with General Comment No. 7 of the United Nations
guaranteed the right that the cost of adequate housing Committee on Economic, Social and Cultural Rights.
is compatible with their incomes; that the housing is
j. This present Article shall be applicable to all persons,
habitable; that it is constructed in accessible and
including but not limited to, families, tenants without
suitable locations and that it is adapted to the cultural
ownership titles, the homeless, and those whose living
characteristics of the residents.
conditions vary, such as nomads, travellers and the Roma.
b. The cities undertake to facilitate adequate offers of
housing and the associated equipments, and services k. The cities shall provide shelter and housing to women
for all citizens, and to guarantee to the poorer families victims of the domestic violence.
home acquisition financing plans as well as service Article XV — the right to work
structures for the assistance of infants and elder people. a. The cities and the National States are responsible to
c. The cities shall guarantee to the vulnerable and contribute as far as possible for the maintenance of
homeless groups priority to benefit from housing full employment in the city. To this end they shall
laws and Programmes. They shall also establish promote the upgrading and qualification of the
subsidies and loan programmes for the purchase of workers by permanent education and training.
urban land or houses, to regularise land ownership
and to the improvement of precarious b. The cities shall promote conditions for children to
neighbourhoods and informal housing settlements. enjoy their infancy by combating child labour.
d. The cities shall undertake to include in their own c. In collaboration with other public administrations
names, independently of their civil status, all women and the companies, the cities shall develop
beneficiaries in documents of possession or mechanisms to ensure equal opportunity for everyone
ownership of land or goods regularised or registered in access to work without discrimination.

d. The cities shall promote equal access for women to Article XVIII — measures for the implementation
work by creating day care centres and other facilities, of right to the city
and for disabled persons by the installation of a. The cities must adequately and immediately take all
adequate and suitable urban facilities. To improve necessary steps and measures to ensure the Right to
work conditions the cities shall establish programmes the city for everyone as laid out in this document.
for the improvement of urban housing used by The cities guarantee the participation of all citizens
women and vulnerable persons as work places. and of the civil society organisations in the process
e. The cities shall undertake to promote the progressive of legislative revision. The cities are obliged to use
integration of the informal business run by low- their maximum resources available to fulfil the legal
income or unemployed persons, avoiding its obligations enshrined in this Charter.
elimination and providing adequate areas and policies b. The cities shall provide human right education to all the
for the workers until such time as it can be employees involved in the implantation of the Right to
incorporated into the formal urban economy. the City and the corresponding obligations. The training
Article XVI — the right to the environment shall be given in special to those public employees of
a. The cities commit themselves to adopt measures public organisations whose policies influence in any way
against the disordered occupation of the territory the full realisation of the Right to the City.
and/or the protected areas and against contamination, c. The cities shall promote the teaching of the principles
including energy saving, the management and re- of the Right to the City in schools and universities
utilisation of waste, recycling and the recuperation and in the popular means of media communications.
of watersheds to amplify and protect the green areas.
d. The citizens shall regularly supervise and evaluate the
b. The cities commit themselves to respect their natural, degree to which these rights are being observed overall.
architectonic, cultural and artistic heritages and to
e. The cities shall establish systems to monitor and
promote the recuperation and revitalisation of
supervise the execution of the policies of urban
degraded urban areas and equipment.
development and social inclusion. An efficient system
Part four — Final dispositions of indicators to monitor and evaluate the right to the
Article XVII obligations and responbsabilities of city shall be established and applicable to all cities so as
the state in thepromotion, protection and to verify the fulfilment of the contests of this Chapter.
implementation of the right to the city Article XIX — the violation of the right to the city
a. International organisations and national, regional, a. The violation of the Right to the City is constituted by
metropolitan, municipal and local governments are all acts of commission and omission undertaken by
all responsible for the effective application of the legislative, administrative and judicial institutions and/
rights laid down in this Charter, (in addition to the or social practices which result in obstruction or refusal,
civil, political, economic, social and cultural human or which introduce difficulties or make impossible:
rights) for all citizens, based on international standards
of human rights and the competent management The realisation of the rights including in this
system of each country. Charter;
b. Failure to implement the rights laid down in this The participation of inhabitants, social groups
and citizens in urban management, or the
Charter, or faulty or incomplete implementation in
participation in the implementation of decisions
violation of the guiding principles of the international
and priorities defined in the participative
agreements or the respective national legislation, will
processes that make up the life of the city;
be considered a breach of the Rights of the City
which can only be rectified by the full implementation The fulfilment of the decisions undertaken and
of whatever measures are necessary to correct/revert the priorities defined within the participatory
the violations. Such rectification measures must also process of urban management;
guarantee that any collateral negative effects or damages The maintenance of cultural identities, methods
are removed or compensated so that the citizens may of peaceful coexistence, social production of
enjoy the effective promotion, protection and habitat, as well as forms of manifestation,
guarantee of all human rights defined in this Charter. organisation and action of social or citizens

groups, especially the vulnerable and disfavoured, Nations System and to the Regional Human Rights
based on their usage or customs. System, to initiate a process to recognise the Right to
the City as an international human right.
b. The actions of commission and/or omission can be
carried out by administrative sectors during the II – The local and national governments commit
process of implementing projects, programmes or themselves to:
plans; in the legislative sphere by the introduction of a. Produce and promote institutional framework to
laws, by the control of public funds or by public recognise and protect the Right to the City, such as
policies; or, in the judicial arena by judgments or formulating urgent plans of actions for the sustainable
sentences handed down in collective conflicts
development of the cities, in accordance with the
referring to themes of urban interest.
principles enshrined in this Charter.
Article XX — exegibility of the right to the city
b. Build associative platforms with the full participation
Everyone has a right to effective and full administrative
of civil society aiming to promote sustainable
and judicial recourse and remedy with respect to the rights
development in the cities.
enumerated in this document, including the right not to
take advantage of such rights. c. Promote the ratification and applications of human
rights covenants and other international instruments
Article XXI — commitments with the chapter
that will contribute to the construction of the Right
of the right to the city
to the City.
I – The networks and social organisations
commit to: III – International organisations commit
a. Widely disseminate this chapter and strengthen the themselves to:
international articulations through the Right to the a. Embark on a mission to stimulate, sensitive, and
City in the context of the World Social Forum, in support the government through the promotion of
conferences and in international fora with the campaigns, seminars and conferences, and facilitate
objective to the strengthen of social movements and technical publications that highlight the adherence to
NGOs networks and for the building of a dignified the principles of this Charter.
life in the cities.
b. Monitor and to promote the applications of human
b. To build platforms of the exegibility of the Right to rights covenants and other international instruments
the City, to document and disseminate local and that will contribute to the construction of the Right
national experiences, which aim at the construction to the City.
of this right.
c. Open participatory spaces for the consultative and
c. Present this Charter on the Right to the City to the decision-making bodies of the United Nations that
different organisations and agencies of the United facilitate the discussion with respect this initiative.

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an n e xu re s

183
Annexure - I
Major events
T
his section highlights all chronological events over 1996: India became a signatory to the Istanbul Declaration,
the years in which international policies were which reaffirmed the role of the United Nation 1976
formulated as well as national policies, laws, Acts Declaration of Human Settlement, namely adequate
and regulations implemented and also interventions made shelter and services are a basic human right which places
by civil society organisations to demand right to adequate an obligation on governments to ensure their attainment
housing specifically focusing to urban poor habitat. by all people”.
1956: The Slum Areas (Clearance and Improvement) Act 1996: General Comment 7 of the UN Committee
was enacted to provide for the improvement and clearance appointed under the International Covenant on Economic
of slum areas in certain union territories and for the Social and Cultural Rights 1956 of which India is a
protection of tenants in such areas from eviction. This Act signatory says: “Evictions should not result in individuals
was further enacted in other Indian states in the Seventies. being rendered homeless or vulnerable to the violation
1961: Principle 2 of the International Labour Organisation of other human right. The State Party must take all
(ILO) in Recommendation number 115 has emphasised appropriate measures to the maximum of its available
on the framing of a general housing policy, which would resources, to ensure that adequate alternative housing,
ensure that housing construction, be carried out in a decent resettlement or access to productive land, as the case may
environment. be, is available.”
1966: Article 11 (1) of the International Covenant on 1996: The National Housing and Habitat Policy was
Economic, Social and Cultural Rights (ICESCR) provides passed by the ministry of urban affairs and employment,
that State Parties recognise and undertake to take adequate Government in India promising the target of the
measures for the realisation of the right of everyone to construction of a million houses every year to cover up
adequate standard of living for himself and his family the housing deficit. The policy inter-alia described the grim
including adequate food, clothing and housing. situation on the housing front therein acknowledging that
1976: The Vancouver Declaration on Human Settlements the problem was compounded by the uncontrolled
in Section III (8) describes adequate shelter as a basic growth in population, which frustrated all public efforts
human right and places an obligation upon governments in housing and infrastructure development. The policy
in this regard especially with respect to the least further described that the previous policy initiatives had
advantaged sections of society. been ailing from financial shortfalls among others and
had failed to rectify the housing problem.
1987: The Economic and Social Council (ECOSOC) of
the United Nations Resolution 1987/62 entitled "The The policy reiterated the estimated housing shortage of
Realisation of the Right to Adequate Housing" recognised 22.90 million units as pegged by the Census 1991 data
that by virtue of the provisions of the Universal and declared a national agenda for housing. This agenda
Declaration of Human Rights and the ICESCR all declared “housing for all as a priority area——” with
persons have the right to an adequate standard of living emphasis upon the needs of the poor and deprived
for themselves and their families, including adequate sections of society and aiming at providing quality and
housing, and that States should take appropriate steps to cost effective housing and shelter options especially for
ensure the realisation of this right. the vulnerable groups. Setting a target of construction
of two million housing units every year the agenda
1987: Declared as the International Year for the Homeless. delineated the functions and responsibilities at all levels
of government, the central and state governments as well
1987: The UN Global Shelter Strategy (GSS) embodies
as the local authorities.
the minimum requirements of International Housing
Policy and has as its chief objective, the attainment of 1996: The Urban Land Ceiling and Regulation Repeal
adequate housing for everyone by the year 2000. Act was passed by Parliament.

1997: The United Nations Commission on Human and other low-income informal settlements and having the
Rights in its 54th Conference in 1997 had framed certain least access to housing and basic amenities. The census
important guidelines and Directive Principles. Principles describes the total population of the million plus states along
six and seven point focus on right of every human being with statistics about the slum population therein.
to be protected against arbitrary displacment and impose
2001: Mr Ananth Kumar, the union minister for urban
an obligation on the authorities to ensure rehabilitation
development and poverty alleviation, at the plenary session
of displaced persons in satisfactory conditions of safety,
of national conference on housing, 2001, entitled, “The
nutrition, health and hygiene.
Agenda for Mass Housing” spoke about the severe
1997: The National Sample Survey (NSS) Report 417 housing crisis in urban India. The speech referred to the
which came out in September clearly depicted that the prime minister’s vision of “Housing for all by 2010” and
growth rate of population in urban slums has been much to this effect emphasises upon the need to tap available
faster in most states, compared with the same for the resources and to determine the varied requirements
urban population in general. including legislative and administrative reforms.
Dec 1998: The union government decided to repeal the 2001: Fact-finding, mission conducted from the March
Urban Land (Ceiling and Regulation) Act, 1976 by a Bill 1-11, 2001 by HIC in collaboration with Sanjha Manch.
that was referred to the Parliamentary Standing committee The objective of the mission was to investigate and assess
on urban and rural development for examination and the practise of forced eviction and resettlement
report. The Committee recommended repeal of the throughout India’s national capital territory (NCT) within
Act with certain safeguards for the poor and the low- the existing framework of International and domestic
income group in urban housing. standards on the human right to housing.
1999: The Draft National Slum Policy, 1999 describes Jan 16, 2003: Speech delivered by Mr KC Pant,
the poor as an important element of the urban labour Deputy Chairman of the Planning Commission, at the
force and asserts how these very people have been EWS Housing Complex, New Town, Kolkata on January
marginalised and excluded from the city-planning 16, 2003. While speaking on the strategies to achieve
framework in terms of housing. In fact, the policy depicts “shelter for all” Mr Pant highlighted the need to develop
the sorry attitude of labelling slums as “eyesores” or multiple strategies to tackle the problem of housing
“problem areas” in gross denial of the contribution of including the need for adequate resources and the role
the urban poor in building urban prosperity. Endorsing of the government and the public agencies to supplement
the upgradation and improvement approach in slums individual efforts in building shelter.
the policy does not approve of slum clearance except
under strict guidelines for resettlement and rehabilitation Oct 6, 2003: World Habitat Day was observed in
in respect of certain slums located at untenable sites. Bhopal city. A two-day housing rights workshop was
held in the city. Some 47 participants from Bhopal, Indore,
1999-2000: Sanjha Manch conducted socio-economic
Dewas, Mansour, Jabalpur, Rewa and Raipur attended
survey of slum dwellers of Delhi. This survey of jhuggie
the meeting. The forum had chosen Bhopal-city with a
jhopris, resettlement colonies and unauthorised colonies purpose to facilitate in strengthening the state groups and
points out the utter lack of opportunities that are at the
to understand pro-poor policies and provisions in the
disposal of the urban poor to improve their overall quality
region. The objective of the workshop was to
of life.
understanding housing rights situation in Madhya Pradesh
1999: The Draft National Slum Policy was formulated and Chhattisgarh as also to develop a critical
with the objective of integrating slum settlements and understanding of pro-poor policies of the state and to
the communities residing within them into the urban areas understand the process of pro-poor interventions in the
as a whole. The policy was aimed at strengthening the Master Plans.
legal and policy framework, the process of slum
Nov 1, 2003: National Forum for Housing Rights
development and improvement on a sustainable basis.
India and Human Rights Law Network organised a
2001:The Census 2001 data pegged the total population of national housing rights workshop in Kolkata from
urban India at over 285 million of which about 82 million November 1-3, 2003, on the theme of “New strategies
or 30 percent of the population was defined to live in slums to combat forced evictions”. Kolkata, the fourth largest
185 Major events

metro-city in India, has been facing acute housing crisis, Programme released. Following is the excerpt of the CMP
especially among poor. There have been large-scale specifically concerned with urban habitat: “The United
evictions at Bellilious Park, Beliaghata Canal and Tolly’s Progressive Alliance government commits itself to a
Nala. Around 11,000 families had faced the threat of comprehensive Programme of urban renewal and to a massive
eviction at Tollygunge-Panchannagram, Keorapukar, expansion of social housing in towns and cities paying
Begore, Manikhali and Churial in the city.
particular attention to the needs of the slum dwellers. Housing
Dec 10, 2003: An email campaign was initiated on for the weaker sections in rural areas will be expanded on a
December 10, the Human Rights Day, against Belighata large-scale. Forced evictions and demolition of slums will be
evictions in Kolkata. stopped and while undertaking urban renewal care will be
Jan 27, 2004: The Supreme Court asked the states and taken to see that the urban and semi-urban poor are provided
the federal government to frame a comprehensive action housing near their place of occupation.”
plan to provide shelter for the slum dwellers, homeless Aug 2004: The Combat Law magazine on human rights
persons especially in the urban cities and towns. On and law released a special issue on the housing rights.
January 27, 2004, the Supreme Court allowed two public
interest cases of great importance to housing rights to Oct 4, 2004: India Habitat Campaign-2004 was held at
go ahead. The petitioners, E R Kumar, Rohit Mammen Nizamuddin, Delhi from October 1-4, 2004. The four-day
Alex, Deepan Bora and six others, argued that Article 21 campaign programme was aimed to consolidate solidarity
of The Constitution of India, which guarantees the right between different struggle organisations from urban centres
to life, includes the right to shelter as housing is essential to put pressure on the UPA government for adequate
to a dignified life. Based on this, counsel for the housing and discuss alternative solutions for the impending
petitioners, Prashant Bhushan, argued that the federal and housing crisis in the country. Around 800 participants, mostly
13 state governments have an obligation to take slum dwellers, homeless persons and organisations working
immediate steps to provide shelter, food and warm on urban poverty issues had joined the campaign and had
clothes to the thousands of homeless people in the released a joint memorandum “The Delhi Declaration”.
country. These steps should include plans, on strict
timelines, to construct adequate housing with basic, Oct 12, 2004: Draft of the Housing for the Urban Poor
essential amenities. Bill, 2004 was submitted to the Prime Minister Manmohan
Singh and the UPA Chairperson Sonia Gandhi. The process
14 March 2004: A two-day Strategic Planning Workshop of drafting the bill was initiated by the HRLN-NFHR
to finalise the People’s Charter on Housing Rights was and circulated widely to groups in many states. Several
organised on March 13-14 2004, at St. Ann’s Generalate, suggestions and crucial comments were received and the
Tarnaka in Secuderabad. The objective of this workshop draft was repeatedly modified. At the India Habitat meeting
was to release the Charter of Demands before the General in Oct 2004 at Delhi where the draft was discussed there
Elections to lobby with the political parties for the provision were further suggestions and critical comments
of adequate housing, access to land, basic services and incorporated. The draft, which has been submitted to the
amenities to urban poor inhabitants. Around 115 UPA government, is the seventh draft. The Housing for
representatives from the country participated at the two- the Urban Poor Bill, 2004 draft has been forwarded to
day meet. The strategy to draft People’s Charter on Hosing the National Advisory Committee who would initiate a
Rights was planned at the Kolkata National Housing Rights wide civil society consultation and thus start the process
Workshop for incorporating urban poor habitat issues in of drafting the Bill. The draft Bill was handed over to the
manifestos during the election campaign period. PM in New Delhi on October 12, 2004.
May 10, 2004: After the 14th Lok Sabha elections and Oct 15, 2004: The NFHR submitted a memorandum
the formation of the new Congress-led alliance government to the chief minister of Madhya Pradesh for the
at the Centre, recommendations were circulated to the cancellation of the GO of October 15, 2004. The state
policymakers on housing the urban poor, to the Common government had issued an order on October 15, 2004
Minimum Programme Committee by the National Forum withdrawing the earlier direction given on July 9, 2004
for Housing Rights and its network partners. which stated that for the period from August 26, 1987
May 27, 2004: The UPA government incorporated to April 30, 1998 the developers of residential colonies
habitat agenda in the National Common Minimum approved during this period will have to develop 15

percent earmarked land for the EWS and sell to EWS of the Mumbai demolitions as well as to look into the
class and get the list of EWS certified from the respective alternatives for poor people to obtain housing in the mega
District Collector. Such withdrawal of the provision will city of Mumbai. (IPT) on envirnoment and human rights
affect in depriving the poorest of the poor living in urban had constituted a panel headed by Justice Suresh (Retd.),
areas of Madhya Pradesh to access 609.06 hectares of Kenneth Fernandes (Coordinator of Asia Pacific Region,
residential land in 1386 developed colonies (Annexure 3) Centre for Housing Rights and Evictions, Australia),
for housing within their affordable income. This land Milloon Kothari (UN Special Rapporteur, on adequate
can accommodate six lakh nine thousand and sixty housing), Kalpana Sharma (Bureau Chief, The Hindu
homeless and poorest squatter dwellers living in urban newspaper), Sanjeevini Kher (Marathi Journalist and
areas of Madhya Pradesh in one lakh twenty one thousand freelance writer) and Salaam Bin Razzaq.
eight hundred and twelve residential plots.
Feb 28, 2005 The NFHR formulated
Nov 3, 2004: The Parliamentary Standing Committee recommendations for the Union Budget 2005-06 on
had invited suggestions and recommendations on ‘Rural Urban Poor Housing Programme prepared by grass root
Housing’. The committee headed by Kalyan Singh, MP, in organisations working on urban poverty in India. The
its meeting on November 3, 2004 had decided that in two-page recommendations was submitted to the Finance
view of the importance ‘Rural Housing’ which affects Minister P Chidambaram to allocate grants for urban poor
the lives of million of rural poor, memoranda was invited housing programme for the annual budget 2005-06,
from experts, professionals association and organisations. schedule to be released on the February 28, 2005.
In consultation with network partners, National Forum
for Housing Rights is forwarded a memorandum to the Oct 15, 2005: A national consultation on ‘Urban
Parliamentary Standing Committee. Development Planning and Space for the poor was
organised in Mumbai on October 15-16, 2005 and a
Dec 1, 2004: The people affected by developmental massive rally of slum dwellers was held on the next day,
projects — including dams, mines, sanctuaries and national October 17. At the meeting, the participants discussed in
parks, tourism projects, urban infrastructure, industries and detail on people’s perspective, experiences of various cities
others, social activists, support organisations, academics, in India with regard to policies, laws and development
researchers and others, had gathered in Delhi o-n November plans that have direct implications on housing, livelihood
30 and December 1, 2004 for the national convention on and basic services for the urban poor. The meeting also
development, displacement and rehabilitation, to formulate decided to evolve for future plan of action.
a rights-based, people-centred approach to development.
The consultation was followed by a protest rally on
Affirming the principles of justice, equality, democracy, and
October 17, 2005 in which over 5,000 people comprising
sustainability, opposing ethnic discrimination and the unjust
displaced slum and makeshift hut dwellers and hawkers
treatment of, and burden placed on, marginalised
— mostly from the unorganised sectors along with many
populations, in particular adivasis, dalits, and women by the
activists and NGOs. The rally was a strident protest against
prevalent development paradigm dominated by the state,
the anti-poor urban policies of the Government of India
corporates and global lenders.
especially the government of Maharashtra.
Dec 18, 2004: The housing rights initiative organised a two-
Dec 3, 2005: Prime Minister Manmohan Singh
day workshop supported by Oxfam GB which was held on launched an ambitious Rs one lakh crore National Urban
the December 18-19, 2004 on “Women and Housing Rights” Renewal Mission to improve urban infrastructure in
and “Housing Rights Bill” in Nagpur. Attended by more major cities, and suggested to provide land rights to urban
than 30 participants the first day of the workshop was on poor at affordable rates to increase private investment.
“Women and Housing Rights, and second day was devoted The scheme aims at integrated development of urban
to the discussions were held on Housing Rights Bill. This infrastructure with special emphasis on providing basic
workshop was used as a space to analyse the Housing services to the poor like housing, sanitation and slum
Rights Bill critically so that all the organisations that are improvement over a period of seven-year. It covers about
working on it may be able to understand it. 63 cities with a million plus population.
Jan 17, 2005: On January 17, 2005, the Indian People’s Compiled by Advocate Mathew Benjamin
Tribunal (IPT) was conducted to investigate the legality Human Rights Law Network, New Delhi.
187 Major events

Annexure - II
Definitions
Access to sanitation example, not selling or renting to a person on account

Access to sanitation is defined in terms of the types of of that persons race, gender, nationality, religion, ethnicity,
technology and levels of service afforded. Sanitation is sexual orientation, disability, etc., would constitute housing
defined to include connection to a sewer or septic tank discrimination. Likewise, not lending financial support in
system, pour flush latrine, simple pit or ventilated improved order to purchase housing on account of the above
pit latrine with allowance for acceptable local technologies. factors would constitute housing discrimination.
Access to water supply Displaced person

Access to water supply is similarly defined in terms of Persons who have been forced to flee their homes to
the types of technology and level of service afforded. escape armed conflict, generalised violence, human rights
For water, this includes house connections, public abuses, or natural or human-made disasters but remain
standpipes, and boreholes with hand pumps, protected in the country of their nationality or country of habitatual
dug wells, protected springs and rainwater collection, with residence.
allowance made for other locally defined technologies. Displacement
‘Reasonable access’ may be broadly defined as the Displacement is the process of relocating of individuals
availability of at least 20 litres per person per day from a or groups away from their place of residence.
source within one kilometre of the user’s dwelling. Displacement can have a number of causes including
NOTE: While access also to water and sanitation has natural disasters such as floods and earthquakes,
not, in all cases, been defined to imply that the level of development projects such as the construction of dams,
service or quality of water is ‘adequate’ or ‘safe’, minimum armed conflicts, ‘ethnic cleansing’, and urban renewal/
standards of adequacy should be included by the Index, development projects. Displacement can occur for
as this is critical to ensuring the validity of the ‘housing legitimate as well as illegitimate purposes. (See for
adequacy’ measure.
comparison: Forced Eviction).
Due process protection
Accommodation
Due process protection in the area of housing implies the
Accommodation is a broad concept, which may refer to
presence of legal remedy provided in all cases of eviction,
any kind of temporary or permanent shelter, including
housing discrimination or violation of a tenancy agreement.
traditional housing, homeless facilities, hotels, hostels or
Due process protection includes the right to have a case
any other form of paid shelter.
heard before an independent and impartial judicial body.
Age of housing stock
Forced eviction
To be calculated by subtracting the year a housing
The permanent or temporary removal against the will
structure built from the current yeat. Date when built
of individuals, families and/ or communities from the
refers to when the housing was first constructed, not
homes of legal due process or other protection. Forced
when it was remodelled, added to, or converted. For
evictions are a particular type of displacement which are
alternative types of housing, such as a houseboat or a
most often characterised by (1) a relation to specific
mobile home or trailer, the manufacture’s model year
decisions, legislation, or policies of the States or failure
may be assured to be the year built.
of the States to intervene to halt evictions by the non-
Discrimination State actors: (2) an element of force or coercion; and (3)
Discrimination in housing includes acts or policies that are often planned, formulated and announced prior to
block or do not provide for equal access to housing. For being carried out.

Formal settlement Income from business
A community or group of households within a Gains from the sale of capital assets
recognisable boundary, which have legal title to the homes Interests, rents, royalties and dividends
in which they live and the land which they occupy. Alimony
Annuities and pensions
Homeless person or family Prizes and awards
A person or family lacking access to the permanent A portion of social security payments
housing. A homeless person is a person who lacks a fixed, Unemployment compensation
regular and adequate night time residence or a person
whose primary night-time residence is a supervised or Informal settlement
publicly operated shelter designed to provide temporary A community or group of households within a recognisable
living accommodation, or an institution that provides a boundary, which do not have legal title to the homes in
temporary residence for individuals intended to be which they live nor to the land, which they occupy.
institutionalised, or a public or private place not designed Legal title
for, or ordinarily used as, a regular sleeping Legal ownership of one’s house, documented and
accommodation for human beings. pursuant to local jurisdiction and legislation.
Household Median income
A household includes all the persons who occupy a The median divides the income distribution into two equal
housing unit. parts, one having incomes above the median and the
Housing other having incomes below the median. For households
The generic term for the dwellings in which all human and families, the median income is based on the
beings reside. distribution of the total number of units including those
with no income. The median for persons is based on
Housing rights expenditure persons with income. The median income values for all
The percentage of government expenditure, relative to households, families and persons should be computed
overall budget expenditures, spent on building social or on the basis of income intervals.
public housing, providing housing subsidies, or facilitating
other housing improvement related institutions, polices Net migration rate
or Programmes. The difference between immigration and emigration per
thousand population.
Housing stock
The total sum of housing units within a particular locality, Owner-occupied housing
region, or country. A housing unit is owner occupied if the owner or co-
owner lives in the unit even if it is mortgaged or not fully
Housing unit paid for. A unit is owned if it is being purchased with a
A housing unit is a house, an apartment, a mobile phone, a mortgage or some other debt arrangement such as a deed
group of rooms, or a single room that is occupied (or if trust deed, contract to purchase, land contract, or purchase
vacant, is intended for occupancy) as separate living quarters. agreement. The unit is also considered owned with a
Separate living quarters are those in which the occupants mortgage if it is built on leased land and there is a mortgage
live and eat separately from any other persons in the building on the unit is owned outright without a mortgage.
and which have direct access from the outside of the
Persons per household
building or through a common hall. The occupants may
A measure obtained by dividing the number of persons
be a single family, one person living alone, two or more
in households by the number of households.
families living together, or any other group of related or
unrelated persons who share living arrangements. Private housing
Private housing refers to housing in market economies,
Income
which is sold and purchased by private actors or entities
Total money income from all taxable sources less certain
according to market prices.
expenses incurred in earning that income. Sources of
income include (but are not limited to) the following: Quintile
Wages and salaries Quintile is the value that defines the upper limit of the
189 Definitions
lowest one-fifth of the cases, and so on. Quintiles should purposes, so long as they meet the criteria of walls and
be presented for certain financial characteristics such as floor space. Passageways, verandas, lobbies, bathrooms
housing costs and income. and toilet rooms are not supposed to be counted as
rooms, even if they meet the criteria.
Renter occupied housing
All occupied housing units, which are not owner, Social housing/public housing
occupied, and are rented for cash rent or otherwise Housing financed, constructed and/or allocated by the State
occupied for payment. or public sector, generally designated for low-income groups.
Social housing is generally kept at affordable rent levels or,
Room when involving owner-occupation, financed with low-
A room may be defined as a space in a housing unit or interest loans or credit. This type of housing is provided by
other living quarters enclosed by walls reaching from the the State. In market economies, social/public housing is
floor to the ceiling or roof covering, or at least to a provided for persons with limited income or wealth.
height of two metres, of a size large enough to hold a
bed for an adult, that is at least four sqms. Rooms, Squatter
therefore, may include bedrooms, dining rooms, living A person occupying an otherwise abandoned housing
rooms, studies, habitable attics, servants’ rooms, kitchens, unit or land without legal title to that unit or land. For
rooms used for professional or business purposes and example, persons who take up residence in unused or
other separate spaces used or intended for dwelling abandoned dwellings or buildings are squatters.

Annexure - III
People’s Charter on Housing Rights
Introduction collaboration with the Human Rights Law Network

A two-day strategic planning workshop to finalise the (HRLN), New Delhi, and was also attended by
People’s Charter on Housing Rights was organised on independent organisations.
March 13-14, 2004, in Secuderabad, Andhra Pradesh.
The objective of this workshop was to release the charter Preamble
of demands before the general elections to lobby with Slum dwellers, pavement dwellers, homeless people
the political parties for the provision of adequate housing, constitute 40percent of the city population and contribute
access to land, basic services and amenities to urban poor significantly to the economic, social, political and cultural
inhabitants. Around 115 representatives from all over the character of the city. The unorganised workers that include
country participated at the two-day meet. The strategy slum and pavement dwellers contribute 63percent of gross
to draft People’s Charter on Hosing Rights was planned domestic product, (GDP) of our economy. The policy
at the Kolkata national housing rights workshop for makers, yet, even after 57 years of Independence the right
incorporating urban poor habitat issues in manifestos to reside, social security, protection and access to the
during the election campaign period. resources of the city to the citizens of this country, to
them time and again.
Representatives from Hyderabad, Vijayawada,
Visakhapatnam, Nalgonda, Kurnool, New Delhi, Chennai, The slum dwellers are not problem by themselves but
Coimbatore, Ahmedabad, Indore, Jaipur, Nathdwara, slums are manifestation of failed policies, bad governance,
Lucknow, Kolkata and Howrah, drafted charter of the uncontrolled market, lack of political will, wrong priority
demands, which was released on April 14, 2004 at a joint including unjust and inequitable land holdings in rural and
press conference in Hyderabad after the workshop. urban areas.
The people’s charter was distributed to the regional and People’s charter condemns forceful large-scale eviction
national political parties, contesting candidates, civil of slum dwellers in recent times and also condemns some
societies including trade unions, women’s organisations, of the Supreme Court judgments calling slum dwellers
to incorporate urban poor habitat issues in their election as “encroachers, pickpockets and anti-socials”.
manifesto/agenda. The forum received letters of We, the urban poor and 115 representatives from
acknowledgements from all Left Parties and the BJP who Hyderabad, Vijayawada, Visakhapatnam, Nalgonda,
had received the People’s Charter on Housing Rights. Kurnool, New Delhi, Chennai, Coimbatore, Ahmedabad,
The workshop was organised by the National Forum Indore, Jaipur, Nathdwara, Lucknow, Kolkata and
for Housing Rights, India, and Campaign for Housing Howrah, put forth the following demands to the political
and Tenurial Rights, (CHATRI) Hyderabad, in parties in the event of Parliamentary elections - 2004.
Charter of demands
1. Adequate housing along with compulsory, quality, equitable education, quality health care, skill up
gradation for all, including urban poor, with special focus on women, children and disabled, should be
provided with in a five years time frame by the State.
2. To ensure right to housing for urban poor with appropriate laws, including land laws such as ‘Public
Land Encroachment and Regularisation Act’ and Urban Land Ceiling Act must be amended,
enacted, repealed and policies must be framed and implemented. In addition to this, adequate finance
must be provided with quality basic amenities at minimum rate.
191
3. No developmental scheme that serves only the affluent sections of the city and involves evictions,
displacement of urban poor must be carried out. If the land is needed for public purpose that serves the
urban poor also, then the alternate accommodation, with adequate infrastructure, to their nearest working
place must be given to the affected urban poor, with their participation, before them being evicted.
4. Liberalisation, privatisation and globalisation (LPG) have created havoc in the lives of urban poor,
denying them their right to livelihood, leading to displacement, unemployment, bonded labour, indebtedness,
trafficking of women and children, alcoholism and suicide. Hence, India should quit from WTO.
5. Undertake legislative and administrative reforms to eradicate legal and social barriers for the equitable
access to land for housing and protection of tenure rights and basic amenities to urban poor inhabitants.
6. Review of all the State laws and Supreme Court judgments that have a bearing on the urban poor and
enact a national housing Act for the urban poor with the consultation of all the stakeholders.
7. The process of decentralisation of power to the municipal local bodies as envisaged in the 74th
Constitutional Amendment should be expedited and ward participation must be ensured.
8. Supreme Court’s interpretation of Article 21 as including the Right to Livelihood, the Right to Housing
and Right to Dignity must be upheld under all circumstances.
9. Ensure under law that equal rights for women and men on land and property are protected.
10.Five percent of the GDP must be allocated for housing. Fifty percent of this amount must be allotted
to the housing for urban poor.
11.According to the proportion of the population of the urban poor in the city, residential land must be
allocated that include services in the city/town/metropolitan Master Plan.
12.The urban poor being the unorganised workers, the central government must enact a comprehensive
unorganised workers bill ensuing, regulation of employment, improving the conditions of work and
social security.
13.All urban poor must be covered under BPL (below poverty line) and provided with ration cards. To
participate in the electoral process, they must be provided with election identity cards.
14. Since the urban poor faces brutal oppression and torture from the police and administration often, the
central government must ratify immediately the UN Convention Against Torture.

Annexure - IV
Memorandum to the chief minister of Tamil Nadu
Respected Madam, material. But in Nagapattinam district in Kallar,

The Tsunami that struck the Tamil Nadu coast on Akkarappetai and Keechampalayam villages the roof
December 26, 2004 was unprecedented in its suddenness materials are tin sheets that produce lot of heat and
and ferocity. Huts and kutchcha houses have been flattened. the shelters have no ventilation. The government
The families living along the coastline have lost all their should remove the tin materials and provide light
possessions. It is estimated that about 100,000 families roofing materials with windows and fan facilities.
have become homeless. In Tamil Nadu, more than 1,40,000 * The permanent housing should be a fully contained
people were displaced from their homes. In Kanyakumari township. It should contain permanent housing,
district, 31,175 huts and houses were damaged. In Chennai, livelihood rehabilitation, community infrastructure
nearly 16,900 families were affected. The most critical stage such as roads, water supply, schools, health facilities,
of the rehabilitation work is thus the shelter. Anganwadi, noon meal center, etc. The permanent
The National Forum for Housing Rights (NFHR), a accommodation may even be in their original
national network of independent organisation in India locations, if safe.
on housing rights, and Chennai Slum Dwellers’ Rights * In certain areas especially in Chennai, the government
forcibly relocates them, though many have expressed the
Movement (CSDRM), an umbrella organisation of the desire to live near the original place with safety measures.
NGO’s working in slum areas in Chennai, have conducted They should stop forceful relocations and consult the
a preliminary survey and examined the worst affected people before providing the temporary shelters.
areas of the coastal line Chennai, Kanchipuram,
* The question is who should get the rights to such
Cuddalore, Nagapattinam and Kanyakumari districts in
temporary shelters, as most of the displaced people
Tamil Nadu during January 13-22, 2005 and the slum
lived in rented accommodations. The government
dwellers representatives meeting was held on January 22,
should provide temporary shelters only to those reside
2005 at Chennai.
in the place before Tsunami. Most people were just
The NFHR and CSDRM in their memorandum to the chief tenants and the government is allotting houses only
minister of Tamil Nadu made the following suggestions: to owners whose houses had been destroyed.
* There is also the issue of discrimination in temporary
* The most immediate task is to work out the relief shelters especially for the Scheduled Caste and
and rehabilitation transition in the order of housing Scheduled Tribe people (Irulas). The government
as the first and priority phase. The temporary should give priority to the SC and ST in allotting the
accommodation provided by the government is the houses and stop caste discriminations.
most welcome and the government has done on
war footings. * Those who reside in the TNSCB tenements, should
check the safety of the building and do repair works
* Temporary shelters should not be very far away but and in case if is not safe these people also need
at the same time it should be safer, not too close to permanent housing.
the shore. In some areas especially of the
Kanyakumari District in Kilmanakudi, Mandaikadu * The NFHR and CSDRM are of the firm belief that
villages the temporary shelters are within 30 metres rehabilitation measures would succeed only if the
from the sea. Most of the temporary shelters have government takes the affected communities into
no floorings. Temporary shelters should be located confidence without giving any room for politics.
in safe places with water, electricity and toilet facilities. Rajeev John George, Convener
* The government built the shelters with 102-sq ft National Forum for Housing Rights, India
asbestos, each worth Rs 8000, quickly; the materials
used are all locally available, such as bamboo poles, Dr K Shanmugavelayutham,Coordinator
casuarina poles, and eucalyptus poles and light roof Chennai Slum Dwellers’ Rights Movement
193
Annexure - V
Public hearing held on May 21, 2003 at Chennai

organised by the National Commission for Women
Dr K Shanmugavelayutham, coordinator of the Chennai Slum Dwellers Rights Movement (CSDRM) does hereby
solemnly affirm and sincerely state as follows:
The Chennai Slum Dwellers Rights Movement is an umbrella organisation of the NGOs working in slum areas in
Chennai. The co-ordinators of the movement are Centre for Urban Poverty Alleviation, Pennurimai Iyakkam, Legal
Education and Aid Society, TN -FORCES and Nirman Mazdoor Panchayat Sangam.
The government of Tamil Nadu signed an MoU with a Malaysian firm in January 2003 for a huge construction project.
As a result, there is a threat of eviction in 15 fishermen colonies on the Marina from Triplicane to Thiruvanmiyur. Due
to the threat, around one-lakh populations (20 thousand families), mostly coastal fishermen and other unorganised
women labour force, all slum dwellers, are going to be affected. A few thousand Tamil Nadu Slum Clearance Board
tenements would also be affected.
The threat of slum eviction on the slumdwellers is complex because it disturbs social life, economic linkage between
slum areas and the work places. Evokes emotional attachment to the place of residence. The most importantly there are
the indigenous people.
Demolition of slum dwellings is a clear case of violation of human rights. The UN Commission on Human Rights in its
54th Conference in 1997 had framed certain important guidelines and Directive Principles. Principles six and seven point
out to the right of every human being to be protected against arbitrary displacement and impose an obligation on the
authorities to ensure rehabilitation of displaced person in satisfactory conditions of safety, nutrition, health and hygiene.
India signed and ratified the Covenant on Economic, Social and Cultural Rights (CESCR). Article 11 (1) of CESCR
states: “State Parties to the present Covenant recognise the right of everyone to an adequate standard of living for himself and his family,
including adequate food, clothing and housing and to the continuous improvement of living conditions”.
Displacement of slum dwellers
The slumdwellers will be sent to the Okkiam Thoraipakkam resettlement project, which is 25 kilometres away from the
city. In this slum, a large number of women who were domestic workers, small fish vendors and men who were
fishermen, rickshaw pullers and wage labourers will definitely lose their means of livelihood and no alternate employment
is not available to them.
Okkiam Thoraipakkam – A resettlement project
At Okkiam Thoraipakkam, each family has a single room measuring 8x12 feet (96 square feet) .A shared toilet measuring
3x4 feet is allotted for two housing units. The single unit complex is a double storied building with total eight housed in
one block. Most of the families are not able to afford electricity.
At this site water is scarce and highly contaminated. Though there are six thousands families residing with a population
of 35 to 40 thousand, but there are no primary schools or hospitals at this site. (According to the national norms, there
should be one primary school for a population of 3,500). Transportation is very expensive and hardly unavailable. Men
and women have to travel long distances in search of temporary jobs within the city. Some earning members come home
only on Sundays and live on streets or pavements during the weekdays. They are forced to sleep on pavements because
they can’t afford traveling every day to their work place.
Demands
Immediate moratorium on further evictions till draft national housing / slum policy for urban poor is finalised.
Withdraw the MoU signed by the Tamil Nadu government with the Malaysian firm.
K.Shanmugavelayutham
Coordinator
Chennai Slum Dwellers Rights Movement

Annexure - VI
Fact Finding Team –Report I

The fact-finding team visited Kallukuttai area on May 31, 2005 and met injured people and held meetings in various
places.
The team members included
1) Mrs R Geetha, Unorganised Workers Federations
2) Mr Jose, advocate and human rights activist
3) Mrs Leelavathi, Pennurimai Iyyakam
4) Mrs Kalavathi, Centre for Labour Education and Development
5) Ms Lucy, Human Rights Activist and Advocate
6) Mr Arul, Nirman Mazdoor Panchayat Sangam
7) Dr K Shanmugavelayutham, Chennai Slum Dwellers Rights Movement
The terms of reference of the fact-finding team were
To understand the Kallukuttai residents’ problems
To find out the reasons for the clash between Kallukuttai residents and the Police
To enquire into the specific complaints of violations of human rights and other oppressions arising out of police
brutality
The report of the fact-finding team
At the time of the visit, a very tense atmosphere was prevalent and the local people felt insecure. There is also fear
that their huts will be burnt down. In the morning itself two fire incidents took place. A contingent of police was
stationed in the area. Cases were registered against ten residents under charges of assault on the policemen, damage
to public property and creating law and order problem.
Historical background
According to one Mrs Savithri, the government of Tamil Nadu purchased 945 acre of land in 1962 (during the
tenure of Chief Minister Kamaraj) from the farmers by paying the price fixed by the government and allotted the
same to the education department. Prior to the government’s purchase, these lands were used for cultivation. In the
low-lying areas of that locality, rain water used to get collected and formed lakes. The migratory birds used to visit the
areas during the northeast monsoon season. The nearby people used to refer to this place as ‘Second Vedanthangal’.
The people, mostly construction workers, had come to live in the area now referred to as Kallukutai. Originally, the
government transferred large tracts of poramboke land in the Kallukuttai area to the directorate of technical education
more than three decades ago, mainly to develop scientific, technical and research institutions.
Over the years some other organisations also claimed and got small pieces of land in the area. Now it is called Taramani
Institutional area. Besides the existing claims by the directorate of technical educations and the two universities, namely,
University of Madras and Annamalai University over the use of land, the latest entry into the fray is the Metropolitan
Rail Transport (MRTS). Between the two universities themselves, there have been some disputes over claims on land in
this area. Overall 365 acre land encloses various ‘Nagars’, and comes under two administrative local self-governments
namely, the Corporation of Chennai and the Town Panchayat of Perungudi. Out of the 365 acres of local people
occupied, 133 acres belong to the University of Madras, Post-graduate Institute of Basic Medical Sciences and 232 acres
belong to the directorate of technical educations. Initially, when 20 to 25 huts were put up, they were immediately ‘burnt
down’ by the education department. The officials through the public address system made now and then announcements
to the squatters that they should vacate the areas or otherwise would face forced eviction.
According to Mrs Mallika, a local resident, the three areas Bharathi Nagar, Periyar Nagar and Anna Nagar abutting
the 100 feet road near, Taramani between Vijayanagar and Thiruvanmiyur which came up earlier ie 1981 were also
threatened with the eviction order in the 1980s but in 1989 the government of Tamil Nadu regularised the squatters
under the Madras Urban Development Project (MUDP).
195
There are nine Nagars in Kallukutai namely: Ambedkar Puratchi Nagar, Anjugam Ammaiyar Nagar, JJ Nagar, Ambedkar
Colony, Ambedkar Nagar, Thiruvalluvar Nagar, Ranuva Kudirupu, Rajiv Gandhi Nagar andSanthya Nagar.
According to Mrs Anguthai, local Secretary of the AIDWA, the entire are of Kallukttai under the Perungudi Town
Panchayat is neglected by the government .The district administration and local body is not providing electricity,
road, water supply and sanitations and garbage collection. As for water supply, the colony had been provided 17
water tanks with a capacity of 1000 litres each. Water tankers supply water to these tanks erratically and it is not
adequate. People have to walk more than two kilometres to take water from the roadside. The people have voters
ID and ration cards. Mostly they are daily wage labourers and unorganised workers. People complained that the
snakes and other creatures would come every day. The average size of the family is five people. Most of the
occupants have migrated to this area from the city proper. Kallukuttai is a ‘Nagar of Huts’, with thatched houses and
no proper flooring. During summer water is a major problem for the residents. Roads are in very poor shape and
therefore riding bicycle on these roads is quite dangerous. During heavy rains, roads disappear and the whole area is
a sheet of water and boat service is the only option to commute.
Incidents
Ms Kanmani, an activist, related the history of the settlement and the problems faced by the people. There are 10,000
families, according to her. The women’s groups have organised themselves and had to struggle for many years before
they could get water supply through tankers. Ms Kanmani said that two years before the things were really bad, five
thousand women came out on the main road and did a road roko, which attracted the attention of the authorities
towards the problem of non-availability of electricity. They met district collector and other officials so many times in
this regard. They also had fasting programme in front of Perungudi Town Panchayat. Protest march held in number of
times. Twice a month for the past five years, the women representatives went to the Secretariat to submit their petition
for basic services to this huge settlement. The residents wanted to register their protest as power connection; water
supply was not provided even after repeated representation to several top levels government officials for more than 15
years. At the time of election all the contesting candidates promised basic facilities will be provided. But nothing
happened subsequently.
After series of meetings residents decided to meet the chief minister at the Secretariat. Police asked the residents to
select 25 representatives to go to the Secretariat on May 29, 2005. However, on Monday 31, 2005, two thousand
residents in 13 lorries headed for Fort St George. The Police intercepted them near SRP Tools but they forced their way
through. Trouble started when the Police stopped the residents from Kallukutai. According to Mr Kumaresan a youth,
in the beginning, along with residents, four Tata Sumos packed with Mr KP Kandan’s people (town panchayat president)
came in the form of help to supply water. “We did not realise who these people were that is why we did not note
down the Tata Sumos numbers”. Trouble started when the police stopped the residents. Police asked the residents to
disperse and told them that only their leaders could go and register the Complaint at the Secretariat. Immediately the
persons in Tata Sumos threw stones on the Police and started pelting stone all around. Immediately Police used their
lathis and fired tear gas shells to the innocent residents. Armed Reserve Police lathi-charged and fired tear gas shells.
According to one Mr Suresh, the persons in the Tata Sumos came prepared to create law and order problem. There
were no women police persons. The men police lathi charged women some dozen buses were smashed and over 50
persons injured. Fifteen residents were admitted to the government Royapettah Hospital. The protesters, numbering
two thousand, including several women, squatted on the road when not allowed to proceed beyond the junction. The
Swift Action Group and policemen with shields led the charge. The entire area was strewn with stones, glass pieces and
sundry missiles.
Recommendations
It should be the responsibility of the State to protect the poor people. Use of the force is unacceptable in a
democratic State.
The Committee protests against the police lathicharge on the innocent people including women and children.
Initiate dialogue with the local leaders for the improvement of civic amenities.
Free treatment and compensation to the injured.
Immediate provision of civic amenities like water supply, electricity, road, drainage facility, garbage collection,
school and ICDS centre to Kallukuttai.
Action against the officers who ordered the lathi-charge.

Annexure VII
Fact Finding Team – Report II

The fact-finding team visited Kargil Nagar on June 30, 2005 and met fire victims and held meetings in various
places.
The team members include
1) Mr Madan, Unorganised Workers Federations
2) Mr Arul, Nirman Mazdoor Panchayat Sangam
3) Mrs Kamala, Pennurimai Iyyakam
4) Mrs Mallika, Centre for Labour Education and Development
5) Ms Aruna, Initiatives: Women in Development
6) Mrs Malavika, Housing & Land Rights Network
7) Ms Shivani, Housing & Land Rights Network
8) Dr K Shanmugavelayutham, Chennai Slum Dwellers Rights’ Movement
The terms of reference of the fact-finding team were
To understand the Kargil Nagar residents’ problems
To find out the reasons for the recurrent fire in Kargil Nagar
To enquire into the specific complaints of violations of human rights and other oppressions arising out of
temporary shelter
Introduction
Kargil Vetri Nagar is located at Saathangadu near Manali (Tsunami temporary shelter), where some 2360 families of
the tsunami-survivors have been relocated in shelters built for them by the government. Families living in the area
were mostly shifted from Anna Nagar, Dheedir Nagar Pallam, Poongavanam Kuppam, Powerkuppam Pallam,
Pallavan Nagar and Thirvettriyur of north Chennai.
Kargil Nagar conditions
Kargil Nagar is a temporary accommodation provided to coastal fisher hamlet, which was hit by Tsunami. But the
actual reason for shifting than seems to be for broadening the coastal road, for container trucks to ply on the road.
Thus the reason is pre-Tsunami and displacement pre-planned. The question is, if the Madras Port Trust is interested
in the land possessed by the fishing community and other unorganised workers, they can very well offer alternate
land and there are even 1000 quarters which they are planning to demolish in Thondiarpet. This is the feeling of the
Kargil Nagar residents. If they would have to go for fishing for the beach close to Kargil Nagar, then there would
be more conflict with the fisher hamlet located there and justifiably. So instead, it would be better if they were given
alternate place near the old place. But it was suggested that they would get worth Rs 1000/ rice and kerosene only
if they move out of their settlement. Thus it was forced evictions. The displacement was also by use of police force.
Also GO MS. 10 issued for Tsunami Rehabilitation clearly states that the Tsunami affected would be shifted temporarily
to a nearby location and after a few months brought back to the original place. Tsunami relief of Rs. 1000 for the
current month was provided on the day of the slum fire. The residents said that their money were also burnt and lost.
The rice 30 kgs and kerosene and yet to be issued to the affected families. The police and fire service personnel had
warned the people on June 21, that there would be fire that night. A powerful lobby in the area engineered the fire.
The Kargil Nagar is located five kilometres away from the original place located in the lake area i.e. low-lying area.
Temporary shelters were made up of poor quality materials. Children cross the canal filled with garbage by sitting
astride a casuarina pole. There are no steps for the residents to climb down to the area where their homes are. There
is just a slippery, stony ramp-like path and often, they lose their footing while making their way down. Poisonous
snakes and insects are yet another threat to the people.
197
There are no bus facilities to go for fishing. They have to travel by share auto, which they are unable to afford. Every
day, each individual spend Rs. 20 to go to the sea by share auto. The other important problem is that of toilet
facilities. Water stagnated around the main drainage line for months. The stagnant water and the surroundings with
no sanitation and hygiene facilities create the perfect breeding ground for mosquitoes. Many children contract fever.
Since there is no drainage system sewage water is not sucked by the land. During rains, life in this area become
miserable. The stagnant water is breeding ground for flies and mosquitoes. Flies swamp the entire area. The temporary
non-Formal education centres are run by NGOs namely Karunalaya, Don Bosco Anbu Illam, Mass Action Net
Work and World Vision. These NGOs are project-based and do not address the basic issues like housing and the
livelihood. Tsunami affected people are still struggling for their employment.
Background: A series of blazes that have engulfed the area for the past 10 days.
First fire: On June 15, 2005, fire broke out in a cluster of 500 government-built shelters in Blocks G and H. The fire
reportedly started at 11.20 pm and within an hour became a big blaze.
Second fire: On June 17, 2005 about 60 houses burnt down in Ragavan Street, old Kargil Nagar.
Third fire: A fire broke out in the Kargil Nagar shelters in the early hours of June 22, 2005 morning around 1.15
am. Blocks A to F of the resettlement colony were completely destroyed and around 1662 families rendered
homeless.Two days prior to fire, the residents of Block A and F had received a warning that their house would be
the next target.
The fire spread too fast amongst the tar-coated sheds. The thick fumes emerging from the blaze further affected the
health of the people.The fire vehicle was not in the area on June 21, 2005. All the 2360 shelters constructed for the
victims were completely destroyed by the fire. A 22-year-old youth was also charred to death while he was trying to
pull out his belongings from his hut. People lost household items such as clothes, utensils, blankets and
valuables including jewellery. The government gave Rs 2000, five kilos of rice and one saree and one dhoti to all the
families affected by the fire. As per residents’ views, the government was going to provide temporary shelters near
Ennore Thermal Power station within two weeks. But the residents did not know where the exact location was.
Facts
The location is unsuitable for even temporary dwellings.
Basic amenities like toilet, transport, crèche facilities are missing.
There is inordinate delay in the decision making process in respect of permanent housing.
Fire service vehicles not stationed in Kargil Nagar temporary shelters.
Layout of the temporary shelter makes it vulnerable, as the low-lying area is not readily accessible to heavy
vehicles such as fire tenders and water trucks.
Materials used in construction were in poor quality including tar sheets.
Kargil Nagar fires are deliberate, not accidents. Miscreants have been using spontaneously flammable chemicals
as rather difficult to extinguish chemical originated fire.
Recommendations
The government should probe the fire incidents and take severe action against the culprits.
Better living conditions i.e. regular protected water supply, toilet facilities, transport facilities, school and crèche
facilities should be provided.
The government should provide immediate relief in the form of food supplies and household utensils to the
affected families.
The families in temporary shelter should be given education about fire safety.
In Kargil Nagar, a fire tender should be stationed at the site to attend to emergency calls.
It is the government’s responsibility to provide adequate housing to the affected people. It is also entitlement of
the people to get adequate housing as per constitutional provisions and international covenant. Moving the
entire temporary shelter to safer localities can prevent further disasters. The local residents preferred they could
be shifted to Madras Port Trust quarters. Now the Government is intending to demolish the quarters. Another
alternative site is they can be shift to the TNSCB land near the WIMCO in Neithal Nagar.
Temporary shelters for 2300 families will pose social and community problem. Instead, they should have 500
houses for the rehabilitation.
Suitable alternate land (the MPT land in Tondiarpet) must be chosen so that fisher- other unorganised labour
livelihoods are not lost.
Immediate provision of Tsunami relief materials like 30 kg of rice and kerosene must be give to the people.

Annexure – VIII
Campaign for Housing and Tenurial Rights
To July 5, 2005
The Corporator
Municipal Corporation of Hyderabad
Hyderabad
Sub: Stand up for your rights as elected local representatives. Stand up for the spirit of the 74th amendment
Dear Sir,
As you are probably aware, the CHATRI is a campaign organisation working to build awareness among and
protect the housing rights of the urban and rural poor. This organisation grew out of a number of associations and
collaborations forged in the wake of the Nandanavanam project proposed in 1997, which threatened to dislocate
thousands of poor families along the Mussi River. These associations at that time worked from two common
platforms called Nandanavanam Bastee Parirakshana Samiti and Mussi Bachao Andolan (Save Mussi Campaign). It
included individuals and organisations advancing the concerns of environment, downstream farmers, slumdwellers
and human rights. CHATRI made several constructive suggestions including developing an alternative road alignment
plan at our own cost to minimise evictions.
The Nandanavanam project appeared to have been shelved by the previous government after the massive floods in
the year 2000 that inundated one-third of the Hyderabad city. However, recent reports in the media quoting officials
and briefings by representatives of NGOs suggest that the project is being revived under a new name The Save
Mussi Campaign.
The sparse details of the Save Mussi Campaign that are available to us indicate the following: The Save Mussi Campaign
is estimated to cost Rs 900 crore. The project has been completed in 30 months. The one major difference between the
old Nandanavanam project and the new Save Mussi Campaign in terms of works is that it now includes the nearly 11
km stretch from Tipu Khan Bridge to Chaderghat bridge. The 18 km length of the river in the city has been divided
into three areas broadly known as Ecological Precinct, Heritage Precinct and Metropolitan Precinct.
While it is clear that the government does not have the resources to make any major financial commitments, we also
understand that the government is planning to create a special development authority to alter the zoning and building
regulations especially in the metropolitan precinct. Further we understand that the government aims to create a
Mussi River Development Corporation, which will have ownership of the project. Going by the experience of a
similar project in Gujarat, the Sabarmati Riverfront Development Project, we surmise that the government will
either acquire and transfer land to the corporation or empower the corporation to reclaim land from the riverbed.
At this stage we have a number of reservations regarding the manner in which the government is proceeding on
the project.
1. First, it is beyond our comprehension why the MCH Commissioner chose to organise a workshop on saving
the Mussi without inviting any of the organisations which have been not only intimately involved in advocating
the concerns of slum dwellers along the river ever since the project was first conceptualised in 1997 but also
took the trouble to develop alternative road alignment plans etc to minimise the damage. Further, it is puzzling
that the government should have chosen to announce the launching of the project itself on June 1 and then
called for public suggestions. How can people’s suggestions make any impact retrospectively? We, therefore,
demand that the government involve The CHATRI and other similar organisations in all future consultations.
2. Secondly, it is three years since the draft Master Plan 2020 was put up for public inputs. Our organisation at that
time made several suggestions to be incorporated into the Master Plan to protect the interests of the low
199
income groups who have as much right to live in the city as the rich. We are yet to know the fate of these
suggestions. We demand that the government should do its legal duty with respect to the Master Plan before
making any changes to it.
3. Thirdly, we understand that there is a case pending in the High Court challenging the creation of special
development authorities in the municipal limits of Hyderabad especially in relation to the Budha Purnima
Project. Such special authorities, which are not answerable to the Municipal bodies can only be understood to
be a deliberate attempt to undermine the spirit of the 74th amendment. We demand that the elected local
representatives in the Municipal Corporation of Hyderabad assert their right to decision making on local town
planning.
4. Fourthly, we believe that the practice of turning land into equity for corporations is a highly objectionable one.
It is the constitutional duty of the government to protect the poor from the ravages of the free market. Here,
in the proposed Save Mussi Project which appears to be substantively the same as Nandanavanam project, the
government appears to be deliberately edging out the poor who have laboured for decades to turn the most
worthless lands in the city into living and working places with the intention of handing over the same lands to
a few for pleasure and profiteering. We demand that the government abandon such projects.
As elected representatives of the people it is your responsibility to protect the most vulnerable groups in your wards. As
you are all aware, Hyderabad city has historically been known to be the destination for the poor seeking livelihoods.
However, in recent years, with growing poverty in the rural areas, the number of poor people coming to the city has
increased tremendously. At the same time, the city is increasingly turning hostile to the poor, driving them out of all the
central locations where the poor can find livelihoods. There is a need to arrest this trend. As corporators you should
stand up for your own rights against the assembly and the bureaucrats who seem to be controlling the city in every way
and making it possible only for the very rich to live here. We urge you to act responsibly before it is too late.
Thanking you,
Yours Sincerely
S. Jeevan Kumar Md. Ashfaq

Co-convener Co-convener
200 Eviction
Campaign for Housing andWatch India
Tenurial - II
Rights
Annexure - IX
The Land Acquisition Act, 1894

(As modified up to the Ist September, 1985)
Subordinate legislation – being published separately)
Government Of India
Ministry of Law and Justice
Part 1: Preliminary 1956), a society registered under the Societies

1.Short title, extent and commencement- Regulation Act, 1860 (21 of 1860), or under any
corresponding law for the time being in force in a
1. This Act may be called the Land Acquisition Act, 1894. State, being a society established or administered by
(i) It extends to the whole of India except (the state government and a co-operative society within the
meaning of any law relating to co-operative societies
of Jammu & Kashmir).
for the time being in force in any State, being a co-
(ii) It shall come into force on the first day of March operative society in which not less than fifty-one
1894. percentum of the paid-up share capital is held by
the central government, or by any state government
2. [Repeal and Saving] rep. Partly by the Repealing and or governments or partly by the central government
Amending Act, 1914 (10 of 1914), s. 3 and Sch. II, and partly by one or more state governments].
and partly by the Repealing Act, 1938 (1 of 1938) s.2
and Sch. (d) the expression “court” means a principal civil
court of original jurisdiction unless, the [appropriate
3. Definitions. - In this Act, unless there is something government] has appointed (as it is hereby
repugnant in the subject or context, - empowered to do) a special judicial officer within
any specified local limits to perform functions of
(a) the expression “land” includes benefits to arise out the court under this Act;
of land, and things attached to the earth or permanently
fastened to anything attached to the earth; [(e) the expression “company” means –
(i) a company as defined in section 3 of the
[(aa) the expression “local authority” includes a town Companies Act, 1956 (1 of 1956), other than a
planning authority (by whatever name called) set up government company referred to in clause (cc);
under any law for the time being in force]; (ii) a society registered under the Societies Registration
(b) the expression “person interested” includes all persons Act, 1860 (21 of 1860), or under any corresponding
claiming an interest in compensation to be made on law for the time being in force in a State, other than
a society referred to in clause (cc);
account of the acquisition of land under this Act; and a
person shall be deemed to be interested in land if he is (iii) a co-operative society within the meaning of any
interested in an easement affecting the land; law relating to co-operative societies for the time
being in force in any State, other than a co-operative
(c) the expression “collector” means the Collector society referred to in clause (cc);]
of a district, and includes a deputy commissioner [(ee) the expression “appropriate government”
and any officer specially appointed by the means, in relating to acquisition of land for the
[appropriate government] to perform the functions purposes of the union, the central government, and,
of a collector under this Act; in relation to acquisition of land for any other
purposes, the state government;]
[(cc) the expression “corporation owned or
controlled by the “State” means any body corporate [(f) the expression “public purpose” includes-
established by or under a central, provincial or state (i) the provision of village-sites, or the extension,
Act, and includes a government company as defined planned development or improvement of existing
in section 617 of the Companies Act, 1956 (1 of village-sites;
201
(ii) the provision of land for town or rural planning; the guardians of minors and the committees or
managers of lunatics or idiots shall be deemed
(iii) the provision of land for planned development
respectively the persons so entitled to act, to the same
of land from public funds in pursuance of any
extent as the minors, lunatics or idiots themselves, if
scheme or policy of government and subsequent
free from disability, could have acted:
disposal thereof in whole or in part by lease,
assignment or outright sale with the object of securing Provided that –
further development as planned; (i) no person shall be deemed “entitled to act” whose
interest in the subject matter shall be shown to the
(iv) the provision of land for a corporation owned
or controlled by the State; satisfaction of the collector or court to be adverse
to the interest of the person interested for whom he
(v) the provision of land for residential purposes to would otherwise be entitled to act;
the poor or landless or to persons residing in areas
affected by natural calamities, or to persons displaced (ii) in every such case the person interested may appear
or affected by reason of the implementation of any by a next friend or, in default of his appearance by a
scheme undertaken by government, any local authority next friend, the collector or court, as the case may
or a corporation owned or controlled by the State; be, shall appoint a guardian for the case to act on his
behalf in the conduct thereof;
(vi) the provision of land for carrying out any
educational, housing, health or slum clearance scheme (iii) the provisions of [Order XXXII of the First Schedule
sponsored by government or by any authority to the Code of Civil Procedure, 1908 (5 of 1908)
established by government for carrying out any such shall, mutatis mutandis, apply in the case of persons
scheme, or with the prior approval of the appropriate interested appearing before a collector or court by a
government, by a local authority, or a society registered next friend, or by a guardian for the case, in
proceedings under this Act; and
under the Societies Registration Act, 1860 (21 of 1860),
or under any corresponding law for the time being in (iv) no person “entitled to act” shall be competent to
force in a state, or a co-operative society within the receive the compensation money payable to the person
meaning of any law relating to co-operative societies for whom he is entitled to act, unless he would have
for the time being in force in any State; been competent to alienate the land and receive and
(vii) the provision of land for any other scheme of give a good discharge for the purchase money on a
development sponsored by Government or with the voluntary sale.
prior approval of the appropriate government, by a Part II: Acquisition
local authority; Preliminary investigation
4. Publication of preliminary notification and power of
(viii) the provision of any premises or building for
officers thereupon. -
locating a public office, but does not include
acquisition of land for companies;] (1) Whenever it appears to the [appropriate government]
the land in any locality [is needed or] is likely to be
(g) the following persons shall be deemed person needed for any public purpose [or for a company], a
“entitled to act” as and to the extent hereinafter notification to that effect shall be published in the
provided (that is to say) - official gazette [and in two daily newspapers circulating
in that locality of which at least one shall be in the
trustees for other persons beneficially interested shall
regional language], and the collector shall cause public
be deemed the person entitled to act with reference
notice of the substance of such notification to be given
to any such case, and that to the same extent as the at convenient places in the said locality [(the last of the
person beneficially interested could have acted if free dates of such publication and the giving of such public
from disability. notice , being hereinafter referred to as the date of the
a married woman, in cases to which the English law publication of the notification)].
is applicable, shall be deemed the persons, so entitled (2) Thereupon it shall be lawful for any officer, either
to act, and whether of full age or not, to the same generally or specially authorised by such government
extent as if she were unmarried and of full age; and in this behalf, and for his servants and workman, -

to enter upon and survey and take levels of any land together with the record of the proceedings held
in such locality; by him, for the decision of that government]. The
to dig or bore into the sub-soil; decision of the [appropriate government] on the
objections shall be final.
to do all other acts necessary to ascertain whether
the land is adapted for such purpose; (3) For the purpose of this section, a person shall be
deemed to be interested in land who would be
to set out the boundaries of the land proposed to
entitled to claim an interest in compensation if the
be taken and the intended line of the work (if any)
land were acquired under this Act.]
proposed to be made thereon;
to mark such levels, boundaries and line by placing Declaration of intended acquisition
marks and cutting trenches; 6. Declaration that land is required for a public
purpose - (1) Subject to the provision of Part VII
and, where otherwise the survey cannot be completed
of this Act, [appropriate government] is satisfied,
and the levels taken and the boundaries and line after considering the report, if any, made under
marked, to cut down and clear away any part of any section 5A, sub-section (2)], that any particular land
standing crop, fence or jungle; is needed for a public purpose, or for a company, a
Provided that no person shall enter into any building declaration shall be made to that effect under the
or upon any enclosed court or garden attached to a signature of a secretary to such government or of
dwelling house (unless with the consent of the some officer duly authorised to certify its orders
occupier thereof) without previously giving such [and different declarations may be made from time
occupier at least seven days’ notice in writing of his to time in respect of different parcels of any land
intention to do so. covered by the same notification under section 4,
sub-section (I) irrespective of whether one report or
5. Payment for damage - The officer so authorised shall different reports has or have been made (wherever
at the time of such entry pay or tender payment for all required) under section 5A, sub-section (2)];
necessary damaged to be done as aforesaid, and, in
case of dispute as to the sufficiency of the amount so [Provided that no declaration in respect of any
particular land covered by a notification under section
paid or tendered, he shall at once refer the dispute to
4, sub-section (1)-
the decision of the collector or other chief revenue
officer of the district, and such decision shall be final. (i) published after the commencement of the Land
Acquisition (Amendment and Validation) Ordinance,
Objections 1967 (1 of 1967), but before the commencement
5A. Hearing of objections - of the Land Acquisition (Amendment) Act, 1984
(1) Any person interested in any land which has been (68 of 1984), shall be made after the expiry of three
notified under section 4, sub-section (1), as being years from the date of the publication of the
needed or likely to be needed for a public purpose notification; or
or for a company may, [within thirty days from the
(ii) published after the commencement of the Land
date of the publication of the notification], object Acquisition (Amendment) Act, 1984 (68 of 1984),
to the acquisition of the land or of any land in the shall be made after the expiry of one year from the
locality, as the case may be. date of the publication of the notification:]
(2) Every objection under sub-section (1) shall be made Provided further that] no such declaration shall be
to the collector in writing, and the collector shall give made unless the compensation to be awarded for
the objector an opportunity of being heard [in person such property is to be paid by a company, or wholly
or by any person authorised by him in this behalf] or or partly out of public revenues or some fund
by pleader and shall, after hearing all such objections controlled or managed by a local authority.
and after making such further inquiry, if any, as he thinks
[Explanation 1. - In computing any of the periods
necessary, [either make a report in respect of the land referred to in the first proviso, the period during
which has been notified under section 4, sub-section which any action or proceeding to be taken in
(1), or make different reports in respect of different pursuance of the notification issued under section
parcels of such land, to the appropriate government, 4, sub-section (1), is stayed by an order of a Court
containing his recommendations on the objections, shall be excluded.
203 The Land Acquisition Act, 1894

Explanation 2. - Where the compensation to be time not being earlier than fifteen days after the date
awarded for such property is to be paid out of the of publication of the notice), and to state the nature
funds of a corporation owned or controlled by the of their respective interests in the land and the
State, such compensation shall be deemed to be amount and particulars of their claims to
compensation paid out of public revenues.] compensation for such interests, and their objections
(if any) to the measurements made under section 8.
(2) [Every declaration] shall be published in the official
The collector may in any case require such statement to
gazette [and in two daily newspapers circulating in
be made in writing and signed by the party or his agent.
the locality in which the land is situated of which at
least one shall be in the regional language, and the (3) The collector shall also serve notice to the same effect
collector shall cause public notice of the substance on the occupier (if any) of such land and on all such
of such declaration to be given at convenient places persons known or believed to be interested therein,
in the said locality (the last of the dates of such or to entitled to act for persons so interested, as
publication and the giving of such public notice, reside or have agents authorised to receive service
being hereinafter referred to as the date of the on their behalf, within the revenue district in which
publication of the declaration), and such declaration the land is situate.
shall state] the district or other territorial division in
which the land is situated, the purpose for which it (4) In case any person so interested resides elsewhere,
is needed, its approximate area, and, where a plan and has no such agent, the notice shall be sent to
shall have been made of the land, the place where him by post in letter addressed to him at his last
such plan may be inspected. known residence, address or place or business and
[registered under sections 28 and 29 of the Indian
(3) The said declaration shall be conclusive evidence that Post Office Act, 1898 (6 of 1898)].
the land is needed for a public purpose or for a
company, as the case may be; and, after making such 10. Power to require and enforce the making of
declaration, the [appropriate government] may statements as to names and interests. -
acquire the land in manner hereinafter appearing. (1) The collector may also require any such person to
make or deliver to him, at a time and place mentioned
7. After declaration, collector to take order for (such time not being earlier than fifteen days after the
acquisition. - Whenever any land shall have been so date of the requisition), a statement containing, so far
declared to be needed for public purpose, or for a as may be practicable, the name of every other person
company, the [appropriate government], or some possessing any interest in the land or any part thereof
officer authorised by the [appropriate government] as co-proprietor, sub-proprietor, mortgagee, tenant
in this behalf, shall direct the collector to take order or otherwise, and of the nature of such interest, and
for the acquisition of the land. of the rents and profits (if any), received or receivable
8. Land to be marked out, measured and planned. - on account thereof for three years next preceding the
The collector shall thereupon cause the land (unless date of the statement.
it has been already marked out under section 4) to (2) Every person required to make or deliver a
be market out. He shall also cause it to be measured, statement under this section 9 shall be deemed to be
and (if no plan has been made thereof), a plan to be legally bound to do so within the meaning of sections
made of the same. 175 and 176 of the Indian Penal Code (45 of 1860).
9. Notice to persons interested. - (1) The collector shall Enquiry into measurements, value and claims, and
then cause public notice to be given at convenient award by the collector
places on or near the land to be taken, stating that
the government intends to take possession of the 11. Enquiry and award by Collector. - [(1)] On the day
land, and that claims to compensations for all interests so fixed, or on any other day to which the enquiry
in such land may be made to him. has been adjourned, the collector shall proceed to
enquire into the objection (if any) which any person
(2) Such notice shall state the particulars of the land so interested has stated pursuant to a notice given under
needed, and shall require all persons interested in the section 9 to the measurements made under section
land to appear personally or by agent before the 8, and into the value of the land [at the date of the
collector at a time and place therein mentioned (such publication of the notification under section 4, sub-

section (1)], and into the respective interests of the the Land Acquisition (Amendment) Act, 1984 (68
persons claiming the compensation and shall make of 1984), the award shall be made within a period
an award under his hand of- of two years from such commencement.
(i) the true area of the land; Explanation - In computing the period of two
(ii) the compensation which in his opinion should years referred to in this section, the period during
be allowed for the land; and which any action or proceeding to be taken in
pursuance of the said declaration is stayed by an
(iii) the apportionment of the said compensation order of a court shall be excluded.]
among all the persons known or believed to be
interested in the land, or whom, or of whose claims, 12. Award of collector when to be final. - (1) Such award
he has information, whether or not they have shall be filed in the collector’s office and shall, except
respectively appeared before him : as hereinafter provided, be final and conclusive
evidence, as between the collector and the persons
[Provided that no award shall be made by the interested, whether they have respectively appeared
collector under this sub-section without the previous before the collector or not, of the true area and
approval of the appropriate Government or of such value of the land, and the appointment of the
officer as the appropriate government may authorise compensation among the persons interested.
in this behalf:
(2) The collector shall give immediate notice of his
Provided further that it shall be competent for the award to such of the persons interested as are not
appropriate Government to direct that the collector present personally or by their representatives when
may make such award without such approval in such the award is made.
class of cases as the appropriate government may
specify in this behalf. 13. Adjournment of enquiry. - The collector may, for
any cause he thinks fit, from time to time adjourn
[(2) Notwithstanding anything contained in sub-section the enquiry to a day to be fixed by him.
(1), if at any stage of the proceedings, the collector
is satisfied that all the persons interested in the land [13A. Correction of clerical errors, etc. - (1) The
who appeared before him have agreed in writing collector may, at any time but not later than six
on the matters to be included in the award of the months from the date of the award, or where he
Collector in the form prescribed by rules made by has been required under section 18 to make a
the appropriate government, he may, without making reference to the court, before the making of such
further enquiry, make an award according to the reference, by order, correct any clerical or arithmetical
terms of such agreement. mistakes in the award or errors arising therein either
on his own motion or on the application of any
(3) The determination of compensation for any land person interested or a local authority:
under sub-section (2) shall not in any way affect the
determination of compensation in respect of other Provided that no correction, which is likely to affect
lands in the same locality or elsewhere in accordance prejudicially any person, shall be made unless such
with the other provisions of this Act. person has been given a reasonable opportunity of
making a representation in the matter.
(4) Notwithstanding anything contained in the
Registration Act, 1908 (16 of 1908), no agreement (2) The collector shall give immediate notice of any
made under sub-section (2) shall be liable to correction made in the award to all the persons
interested.
registration under that Act.]
(3) Where any excess amount is proved to have been
[11A. Period shall be which an award within made.
paid to any person as a result of the correction made
- The collector shall make an award under section
under sub-section (1), the excess amount so paid
11 within a period of two years from the date of shall be liable to be refunded and in the case of any
the publication of the declaration and if no award default or refusal to pay, the same may be recovered
is made within that period, the entire proceeding as an arrear of land revenue.]
for the acquisition of the land shall lapse:
14. Power to summon and enforce attendance of
Provided that in a case where the said declaration witnesses and production of documents. - For the
has been published before the commencement of purpose of enquiries under this Act the collector

shall have powers to summon and enforce the the purpose of maintaining any structure or system
attendance of witnesses, including the Parties pertaining to irrigation, water supply, drainage, road
interested of any of them, and to compel the communication or electricity,] the collector may
production of documents by the same means, and immediately after the publication of the notice
(so far as may be) in the same manner as is provided mentioned in sub-section (1) and with the previous
in the case of a Civil Court under the 1[Code of sanction of the [appropriate government], enter
Civil Procedure 1908 (5 of 1908)]. upon and take possession of such land, which shall
15. Matters to be considered and neglected. - In thereupon [vest absolutely in the [government]] free
determining the amount of compensation, the from all encumbrances:
collector shall be guided by the provisions contained Provided that the collector shall not take possession
in section 23 and 24. of any building or part of a building under this
[15A Power to call for records, etc. - The appropriate sub-section without giving to the occupier thereof
government may at any time before the award is at least forty-eight hours notice of his intention so
made by the collector under section 11 call for any to do, or such longer notice as may be reasonably
record of any proceedings (whether by way of sufficient to enable such occupier to remove his
inquiry or otherwise) for the purpose of satisfying movable property from such building without
itself as to the legality or propriety of any findings unnecessary inconvenience.
or order passed or as to the regularity of such
proceedings and may pass such order or issue such (3) In every case under either of the preceding sub-
direction in relation thereto as it may think fit: sections the collector shall at that time of taking
possession offer to the persons interested
Provided that the appropriate government shall not compensation for the standing crops and trees (if
pass or issue any order or direction prejudicial to any) on such land and from any other damage
any person without affording such person a sustained by them caused by such sudden
reasonable opportunity of being heard.] dispossession and not excepted in section 24; and, in
Taking possession case such offer is not accepted, the value of such
16. Power to take possession. - When the collector has crops and trees and the amount of such other damage
made an award under section 11, he may take shall be allowed for in awarding compensation for
possession of the land, which shall thereupon [vest the land under the provisions herein contained.
absolutely in the [Government]], free from all
encumbrances. 3[(3A) Before taking possession of any land under
sub-section (1) or sub-section (2), the collector shall,
17. Special powers in case of urgency. – (1) In cases of without prejudice to the provisions of sub-section (3)-
urgency whenever the [appropriate government], so
directs, the collector, though no such award has been (a) Tender payment of eighty percentum of the
made, may, on the expiration of fifteen days from compensation for such land as estimated by him to
the publication of the notice mentioned in section the person interested entitled thereto, and
9, sub-section 1). [Take possession of any land (b) Pay it to them, unless prevented by some one or
needed for a public purpose]. Such land shall more of the contingencies mentioned in section 31,
thereupon [vest absolutely in the [government], free
sub-section (2), and where the collector is so prevented,
from all encumbrances.
the provisions of section 31, sub-section (2), (except
(2) Whenever, owing to any sudden change in the the second proviso thereto), shall apply as they apply
channel of any navigable river or other unforeseen to the payment of compensation under that section.
emergency, it becomes necessary for any railway
(3B) The amount paid or deposited under section (3A),
administration to acquire the immediate possession
shall be taken into account for determining the amount
of any land for the maintenance of their traffic or of compensation required to be tendered under section
for the purpose of making thereon a river-side or 31, and where the amount so paid or deposited exceeds
ghat station, or of providing convenient connection the compensation awarded by the collector under
with or accesses to any such station, [or the section 11, the excess may, unless refunded within three
appropriate government considers it necessary to months from the date of collector’s award, be
acquire the immediate possession of any land for recovered as an arrear of land revenue].

[(4) In the case of any land to which, in the opinion (2) To the said statement shall be attached a schedule
of the [appropriate government], the provisions of giving the particulars of the notices served upon,
sub-section (1) or sub-section (2) are applicable, the and of the statements in writing made or delivered
[appropriate government] may direct that the by the Parties interested respectively.
provisions of section 5A shall not apply, and, if it
does so direct, a declaration may be made under 20. Service of notice. - The court shall thereupon cause
section 6 in respect of the land at any time [after the a notice specifying the day on which the court will
date of the publication of the notification] under proceed to determine the objection, and directing
section 4, sub-section (1).] their appearance before the court on that day, to be
served on the following persons, namely: -
Part III
Reference to court and procedure thereon (a) The applicant;
18. Reference to Court. - (1) Any person interested who
has not accepted the award may, by written (b) All persons interested in the objection, except
application to the collector, require that the matter such (if any) of them as have consented without
be referred by the collector for the determination protest to receive payment of the compensation
of the court, whether his objection be to the awarded; and
measurement of the land, the amount of the
compensation, the person to whom it is payable, or (c) If the objection is in regard to the area of the
the apportionment of the compensation among the land or to the amount of the compensation, the
persons interested. collector.
(2) The application shall state the grounds on which 21. Restriction on scope of proceedings. - The scope
objection to the award is taken: of the enquiry in every such proceeding shall be
Provided that every such application shall be made- restricted to a consideration of the interest of the
persons affected by the objection.
(a) If the person making it was present or
represented before the collector at the time when 22. Proceedings to be in open court. - Every such
he made his award, within six weeks from the date proceeding shall take place in open court, and all
of the collector’s award; persons entitled to practice in any civil court in the
(b) In other cases, within six weeks of the receipt of State shall be entitled to appear, plea and act (as the
the notice from the collector under section 12, sub- case may be) in such proceeding.
section (2), or within six months from the date of the 23. Matters to be considered on determining
collector’s award, whichever period shall first expire. compensation. - (1) In determining the amount of
19. Collector’s statement to the court. - (1) In making compensation to be awarded for land acquired
the reference, the collector shall state for the under this Act, the court shall take into consideration-
information of the court, in writing under his hand -
First, the market-value of the land at the date of the
(a) The situation and extent of the land, with publication of the [notification under section 4, sub-
particulars of any trees, buildings or standing crops section (1)];
thereon;
Secondly, the damage sustained by the person
(b) The names of the persons whom he has reason interested, by reason of the taking of any standing
to think interested in such land; crops trees, which may be on the land at the time of
(c) The amount awarded for damages and paid or the collector’s taking possession thereof;
tendered under sections 5 and 17, or either of them,
and the amount of compensation awarded under Thirdly, the damage (if any) sustained by the person
section 11; interested, at the time of the collector’s taking
possession of the land, by reason of serving such
[(cc) The amount paid or deposited under sub- land from his other land;
section (3A) of section 17; and]
Fourthly, the damage (if any) sustained by the person
(d) If the objection be to the amount of the interested, at the time of the collector’s taking
compensation, the grounds on which the amount possession of the land, by reason of the acquisition
of compensation was determined. injuriously affecting his other property, movable or

immovable, in any other manner, or his earnings; Sixthly, any increase to the value of the other land
of the person interested likely to accrue from the
Fifthly, in consequence of the acquisition of the land
use to which the land acquired will be put;
by the collector, the person interested is compelled to
change his residence or place of business, the reasonable Seventhly, any outlay or improvements on, or
expenses (if any) incidental to such change, and disposal of the land acquired, commenced, made
or effected without the sanction of the collector
Sixthly, the damage (if any) bona fide resulting from
after the date of the publication of the [notification
diminution of the profits of the land between the
under section 4, sub-section (1); [or]
time of the publication of the declaration under
section 6 and the time of the collector’s taking [Eighthly, any increase to the value of the land on
possession of the land. account of its being put to any use, which is
[(1A) In addition to the market value of the land, as forbidden by law or opposed to public policy.]
above provided, the court shall in every case award [25. Amount of compensation awarded by court not to
an amount calculated at the rate of twelve be lower than the amount awarded by the collector. -
percentum per annum on such market value for the The amount of compensation awarded by the court
period commencing on and from the date of the shall not be less than the amount awarded by the
publication of the notification under section 4, sub- collector under section 11.]
section (1), in respect of such land to the date of the
award of the collector or the date of taking 26. Forms of awards. - [(1)] Every award under this
possession of the land, whichever is earlier. part shall be in writing signed by the judge, and shall
specify the amount awarded under clause first of
Explanation. - In computing the period referred sub-section (1) of section 23, and also the amounts
to in this sub-section, any period or periods during (if any) respectively awarded under each of the other
which the proceedings for the acquisition of the land clauses of the same sub-section, together with the
were held up on account of any stay or injunction grounds of awarding each of the said amounts.
by the order of any court shall be excluded.]
[(2) Every such award shall be deemed to be a decree
(2) In addition to the market value of the land as above and the statement of the grounds of every such
provided, the court shall in every case award a sum of award a judgment within the meaning of section 2.
[thirty percentum] on such market value, in consideration clause (2), and section 2, clause (9), respectively of
of the compulsory nature of the acquisition. the code of civil procedure 1908 (5 of 1908).]
24. Matters to be neglected in determining 27. Costs. - (1) Every such award shall also state the
compensation. - But the court shall not take into amount of costs incurred in the proceeding under
consideration this part, and by what persons and in what
First, the degree of urgency, which has led to the proportions they are to be paid.
acquisition; (2) When the award of the collector is not upheld,
Secondly, any disinclination of the person interested the cost shall ordinarily be paid by the collector, unless
to part with the land acquired; the court shall be opinion that the claim of the
applicant was so extravagant or that he was so
Thirdly, any damage sustained by him, which, if negligent in putting his case before the collector that
caused by a private person, would not render such some deduction from his costs should be made or
person liable to a suit; that he should pay a part of the collector’s costs.
Fourthly, any damage, which is likely to be caused to 28. Collector may be directed to pay interest on excess
the land acquired, after the date of the publication compensation. - If the sum, which the collector did
of the declaration under section 6, by or in award as compensation, the award of the court may
consequence of the use to which it will be put; direct that the collector shall pay interest on such
Fifthly, any increase to the value of the land acquired excess at the rate of [nine percentum] per annum from
likely to accrue from the use to which it will be put the date on which he took possession of the land to
when acquired; the date of payment of such excess into court:

[Provided that the award of the court may also direct the particulars of such apportionment shall be
that where such excess or any part thereof is paid specified in the award, and as between such persons
into court after the date or expiry of a period of the award shall be conclusive evidence of the
one year from the date on which possession is taken, correctness of the apportionment.
interest at the rate of fifteen percentum per annum
30. Dispute as to apportionment. - When the amount of
shall be payable from the date of expiry of the said
compensation has been settled under section 11, if any
period of one year on the amount of such excess
dispute arises as to the apportionment of the same or
or part thereof which has not been paid into court
any part thereof, or as to the persons to whom the
before the date of such expiry.]
same or any part thereof, is payable, the collector may
[28A. Re-deter mination of the amount of refer such dispute to the decision of the court.
compensation on the basis of the award of the court.
- (1) where in an award under this part, the court
Part- V
allows to the applicant any amount of compensation Payment
31. Payment of compensation or deposit of same in
in excess of the amount awarded by the collector
court. - (1) On making an award under section 11,
under section 11, the persons interested in all the
the collector shall tender payment of the compensation
other land covered by the same notification under awarded by him to the persons interested entitled
section 4, sub-section (1) and who are also aggrieved thereto according to the award and shall pay it to
by the award of the collector may, notwithstanding them unless prevented by some one or more of the
that they had not made an application to the collector contingencies mentioned in the next sub-section.
under section 18, by written application to the
collector within three months from the date of the (2) If they shall not consent to receive it, or if there
award of the court require that the amount of be no person competent to alienate the land, or if
compensation payable to them may be re- there be any dispute as to the title to receive the
compensation or as to the apportionment of it, the
determined on the basis of the amount of
collector shall deposit the amount of the
compensation awarded by the court:
compensation in the court to which a reference under
Provided that in computing the period of three section 18 would be submitted:
months within which an application to the collector Provided that any person admitted to be interested
shall be made under this sub-section, the day on which may receive such payment under protest as to the
the award was pronounced and the time requisite for sufficiency of the amount:
obtaining a copy of the award shall be excluded.
Provided also that no person who has received the
(2) The collector shall, on receipt of an application amount otherwise than under protest shall be entitled
under sub-section (1), conduct an inquiry after giving to make any application under section 18:
notice to all the persons interested and giving them
a reasonable opportunity of being heard, and make Provided also that nothing herein contained shall affect
the liability of any person, who may receive the whole
an award determining the amount of compensation
or any part of any compensation awarded under this
payable to the applicants.
Act, to pay the same to the person lawfully entitled thereto.
(3) Any person who has not accepted the award (3) Notwithstanding anything in this section the
under sub-section (2) may, by written application to Collector may, with the sanction of the [appropriate
the collector, required that the matter be referred by government] instead of awarding a money
the collector for the determination of the court and compensation in respect of any land, make any
the provisions of sections 18 to 28 shall, so far as arrangement with a person having a limited interest
may be, apply to such reference as they apply to a in such land, either by the grant of other lands in
reference under section 18.] exchange, the remission of land-revenue on other
lands held under the same title, or in such other way
Part- IV
as may be equitable having regard to the interests of
Appointment of compensation
the parties concerned.
29. Particulars of apportionment to be specified. - When
there are several persons interested, if such persons (4) Nothing in the last foregoing sub-section shall
agree in the apportionment of the compensation, be construed to interfere with or limit the power of

the collector to enter into any arrangement with any in such government or other approved securities as
person interested in the land and competent to it may think proper, and paid in such manner as it
contract in respect thereof. may consider will give the parties interested therein
the same benefit the reform as they might have had
32. Investment of money deposited in respect of lands
from the land in respect whereof such money shall
belonging to person incompetent to alternate. - (1)
have been deposited or as near thereto as may be.
If any money shall be deposited in court under sub-
section (2) of the last preceding section and it appears 34. Payment of interest - When the amount of such
that the land in respect whereof the same was compensation is not paid or deposited on or before
awarded belonged to any person who had no power taking possession of the land, the collector shall pay the
to alienate the same, the court shall- amount awarded with interest thereon at the rate of
[nine percentum] per annum from the time of so taking
(a) Order the money to be invested in the purchase of
possession until it shall have been so paid or deposited:
other lands to be held under the like title and conditions
of ownership as the land in respect of which such [Provided that if such compensation or any part
money shall have been deposited was held, or thereof is not paid or deposited within a period of
one year from the date on which possession is taken,
(b) If such purchase cannot be effected forthwith,
interest at the rate of fifteen percentum per annum
then in such government of other approved
shall be payable from the date or expiry of the said
securities as the court shall think fit;
period of one year on the amount of compensation
and shall direct the payment of the interest or other or part thereof which has not been paid or
proceeds arising from such investment to the person deposited before the date of such expiry.]
or persons who would for the time being have been
Part - VI
entitled to the possession of the said land, and such
Temporary occupation of land
moneys shall remain so deposited and invested until
35. Temporary occupation of waste or arable land.
the same be applied-
Procedure when difference as to compensation exists.
(i) In the purchase of such other lands as aforesaid; or - (1) Subject to the provisions of Part VII of this
Act, whenever it appears to the [appropriate
(ii) In payment to any person or persons becoming government] that the temporary occupation and use
absolutely entitled thereto. of any waste or arable land are needed for any
(2) In all cases of money deposited to which this public purpose, or for a company, the [appropriate
section applies the court shall order the costs of the Government] may direct the collector to procure
following matters, including therein all reasonable the occupation and use of the same for such term
charge and expenses incident thereon, to be paid by as it shall think fit, not exceeding three years from
the collector, namely: - the commencement of such occupation.
(a) The costs of such investments as aforesaid; (2) The collector shall thereupon give notice in writing
to the person interested in such land of the purpose
(b) The costs of the orders for the payment of the for which the same is needed, and shall, for the
interest or other proceeds of the securities upon occupation and use thereof for such term as
which such moneys are for the time being invested, aforesaid, and for the materials (if any) to be taken
and for the payment out of court of the principal there from, pay to them such compensation, either
of such moneys, and of all proceedings relating in a gross sum of money, or by monthly or other
thereto, except such as may be occasioned by periodical payments, as shall be agreed upon in
litigation between adverse claimants. writing between him and such persons respectively.
33. Investment of money deposited in other cases. - (3) In case the collector and the persons interested
differ as to the sufficiency of the compensation or
When any money shall have been deposited in court
apportionment thereof, the collector shall refer such
under this Act for any cause other than mentioned
difference to the decision of the court.
in the last proceeding section, the court may, on the
application of any party interested or claiming an 36. Power to enter and take possession and compensation
interest in such money, order the same to be invested on restoration. - (1) On payment of such

compensation, or on executing such agreement, or executed the agreement hereinafter mentioned.
on making a reference under section 35, the collector
40. Previous enquiry. - (1) Such consent shall not be given
may enter upon and take possession of the land, unless the [appropriate government] be satisfied.
and use or permit the use thereof in accordance [either on the report of the collector under section
with the terms of the said notice. 5A, sub-section (2), or] by an enquiry held as
(2) On the expiration of the term, the collector shall hereinafter provided, -
make or tender to the persons interested [(a) That the purpose of the acquisition is to obtain land
compensation for the damage (if any) done to the for the erection of dwelling houses for workmen
land and not provided for by the agreement, and employed by the company or for the provision of
shall restore the land to the persons interested therein: amenities directly connected therewith, or
Provided that, if the land has become permanently [(aa) That such acquisition is needed for the
unfit to be used for the purpose for which it was construction of some building or work for a
used immediately before the commencement of such company which is engaged or is taking steps for
term, and if the persons interested shall so require, engaging itself in any industry or work which is for
the [appropriate government] shall proceed under a public purpose, or]
this Act to acquire the land as if it was needed (b) That such acquisition is needed for the construction
permanently for a public purpose or for a company. of some work, and that such work is likely to prove
useful to the public].
37. Difference as to condition of land. - In case the
collector and persons interested differ as to the (2) Such enquiry shall be held by such officer and at
condition of the land at the expiration of the term, such time and place as the [appropriate government]
or as to any matter connected with the said shall appoint.
agreement, the collector shall refer such difference (3) Such officer may summon and enforce the
to the decision of the court. attendance of witnesses and compel the production
Part - VII of documents by the same means and, as far as
possible, in the same manner as is provided by the
Acquisition of land for companies
[Code of Civil Procedure, 1908 (5 of 1908)] in the
38. [Company may be authorised to enter and survey].
case of a civil court.
Rep. by the Land Acquisition (Amendment) Act,
1984 (68 of 1984), s.21. 41. Agreement with appropriate government. - If the
[appropriate government] is satisfied [after
[38A. Industrial concern to be deemed company considering the report, if any, of the collector under
for certain purposes. - An industrial concern, section 5A, sub-section (2), or on the report of the
ordinarily employing not less than one hundred officer making an inquiry under section 40] that [the
workmen owned by an individual or by an proposed acquisition is for any of the purposes
association of individuals and not being a company, referred to in clause (a) or clause (aa) or clause (b)
desiring to acquire land for the erection of dwelling of sub-section (1) of section 40], it shall require the
houses for workmen employed by the concern or company to enter into an agreement [with the
for the provision of amenities directly connected [appropriate government]], providing to the
therewith shall, so far as concerns the acquisition of satisfaction of the [appropriate government] for the
such land, be deemed to be a company for the following matters, namely :-
purposes of this Part, and the references to company
in [selections 4, 5A, 6, 7 and 50] shall be interpreted (1) The - [payment to the [appropriate government]]
as references also to such concern] of the cost of the acquisition;
39. Previous consent of appropriate government and (2) The transfer, on such payment, of the land to
execution of agreement necessary. - The provisions of the company.
[sections 6 to 16 (both inclusive) and sections 18 to 37
(3) The terms on which the land shall be held by the
(both inclusive)] shall not be put in force in order to
company,
acquire land for any company [under this Part], unless
with the previous consent of the [appropriate [(4) Where the acquisition is for the purpose of erecting
government], not unless the Company shall have dwelling houses or the provision of amenities connected

therewith, the time within which, the conditions on Explanation. - “Private company” and “government
which and the manner in which the dwelling houses or company” shall have the meaning respectively assigned
amenities shall be erected or provided; to them in the Companies Act, 1956 (1 of 1956).]
[(4A) Where the acquisition is for the construction of Part - VIII
any building or work for a company which is engaged Miscellaneous
or is taking steps for engaging itself in any industry or 45. Service of notices. - (1) Service of any notice under
work which is for a public purpose, the time within this Act shall be made by delivering or tendering a
which, and the conditions on which, the building or copy thereof signed, in the case of a notice section 4,
work shall be constructed or executed; and] by the officer therein mentioned, and, in the case of any
(5) Where the acquisition is for the construction of notice, by or by order of the Collector or the Judge.
any other work, the time within which and the (2) Whenever it may be practicable, the service of
conditions on which the work shall be executed and the notice shall be made on the person therein named.
maintained and the terms on which the public shall
be entitled to use the work.] (3) When such person cannot be found, the service
may be made on any adult male member of his family
42. Publication of agreement. - every such agreement residing with him; and, if no such adult male member
shall, as soon as may be after its execution, be can be found, the notice may be served by fixing the
published in the official gazette, and shall thereupon copy on the outer door of the house in which the
(so far as regards the terms on which the public person therein named ordinarily dwells or carries on
shall be entitled to use the work) have the same effect business, or by fixing a copy thereof in some
as if it had formed part of this Act. conspicuous place in the office of the officer aforesaid
43. Section 39 to 42 not to apply where Government or of the collector or in the court-house, and also in
bound by agreement to provide land for companies. some conspicuous part of the land to be acquired :
- The provisions of sections 39 to 42, both inclusive, Provided that, if the collector or judge shall so direct,
shall not apply and the corresponding sections of a notice may be sent by post, in a letter addressed to
Land Acquisition Act, 1870 (10 of 1870), shall be the person named therein at his last known residence,
deemed never to have applied, to the acquisition of
address or place of business and 6[registered under
land for any railway or other company, for the
sections 28 and 29 of the Indian Post Office Act,
purposes of which, [under any agreement with such
1898 (6 of 1898), and service of it may be proved
company, the secretary of state for India in council,
the secretary of state, [the central government or any by the production of the addressee’s receipt.
state government] is or was bound to provide land]. 46. Penalty for obstructing acquisition of land. - Whoever
44. How agreement with railway company may be proved. willfully obstructs any person in doing any of the
- In the case of the acquisition of land for the purpose acts authorised by section 4 or section 8, or willfully
of a railway company, the existence of such an fills up, destroys, damages or displaces any trench
agreement as is mentioned in section 43 may be proved or mark made under section 4, shall, on conviction
by the production of a printed copy thereof purporting before a Magistrate, be liable to imprisonment for
to be printed by order of government. any term not exceeding one month, or to fine not
exceeding 1[five hundred rupees], or to both.
[44A. Restriction on transfer, etc. - no company for
which any land is acquired under this Part shall be 47. Magistrate to enforce surrender. - If the collector is
entitled to transfer the said land or any part thereof opposed or impeded in taking possession under this
by sale, mortgage, gift, lease or otherwise except with Act of any land, he shall, if a magistrate, enforce the
the previous sanction of the appropriate government. surrender of the land to himself, and if not a
magistrate, he shall apply to a magistrate or (within
44B. Land not to be acquired under this part except the towns of Calcutta, Madras and Bombay) to the
for certain purpose for private companies other than commissioner of police, and such magistrate or
government companies. - Notwithstanding anything Commissioner (as the case may be) shall enforce the
contained in this Act, no land shall be acquired under surrender of the land to the collector.
this part, except for the purpose mentioned in clause
(a) of sub-section (1) of section 40, for a private 48. Completion of acquisition not compulsory, but
company, which is not a Government company. compensation to be awarded when not completed.

- (1) Except in the case provided for in section 36, person interested, and shall thereafter proceed to
the government shall be at liberty to withdraw from make his award under section 11.
the acquisition of any land of which possession has
50. Acquisition of land at cost of a local authority of
not been taken.
company. - (1) Where the provisions of this Act are
(2) Whenever the government withdraws from any put in force for the purpose of acquiring land at the
such acquisition, the collector shall determine the cost of any fund controlled or managed by a local
amount of compensation due for the damage authority or of any company, the charges of and
suffered by the owner in consequence of the notice incidental to such acquisition shall be defrayed from
or of any proceedings there under, and shall pay such or by such fund or company.
amount to the person interested, together with all costs
(2) In any proceeding held before a collector or court
reasonably incurred by him in the prosecution of the
in such cases the local authority or Company concerned
proceedings under this Act relating to the said land.
may appear and adduce evidence for the purpose of
(3) The provision of part III of this Act shall apply, determining the amount of compensation.
so far as may be, to the determination of the
Provided that no such local authority or company shall
compensation payable under this section.
be entitled to demand a reference under section 18.
49. Acquisition of part of house or building. - (1) The
51. Exemption from stamp duty and fees. - No award
provisions of this Act shall not be put in force for
the purpose of acquiring a part only of any house, or agreement made under this Act shall be chargeable
manufactory or other building, if the owner desires with stamp duty, and no person claiming under any
that the whole of such house, manufactory or such award or agreement shall be liable to pay any
building shall be so acquired: fee for a copy of the same.
Provided also that, if any question shall arise as to [51A. Acceptance of certified copy as evidence. - In
whether any land proposed to be taken under this any proceeding under this Act, a certified copy of a
Act does or does not form part of a house, document registered under the Regulation Act, 1908
manufactory or building within the meaning of this (16 of 1908), including a copy given under section
section, the Collector shall refer the determination 57 of that Act, may be accepted as evidence of the
of such question to the Court and shall not be take transaction recorded in such document].
possession of such land until after the question has 52. Notice in case of suits for anything done in pursuance
been determined. of Act. - No suit or other proceeding shall be
In deciding on such a reference the Court shall have commenced or prosecuted against any person for
regard to the question whether the land proposed to anything done in pursuance of this Act, without
be taken, is reasonably require for the full and giving to such person a month’s previous notice in
unimpaired use of the house, manufactory or building. writing of the intended proceeding, and of the cause
thereof, nor after tender of sufficient amends.
(2) If, in the case of any claim under section 23, sub-
section (1), thirdly, by a person interested, on account 53. Code of Civil Procedure to apply to proceedings
of the severing of the land to be acquired from his before Court - Save in so far as they may be
other land, the [appropriate Government] is of inconsistent with anything contained in this Act, the
opinion that the claim is unreasonable or excessive, provisions of the [Code of Civil Procedure, 1908
it may, at any time before the Collector has made (5 of 1908)], shall apply to all proceedings before
his award, order the acquisition of the whole of the the Court under this Act.
land of which the land first sought to be acquired
[54. Appeals in proceedings before court. - Subject to the
forms a part.
provisions of the code of civil procedure, 1908 (5
(3) In the case last hereinbefore provided for, no of 1908), applicable to appeals from original decrees,
fresh declaration or other proceedings under sections and notwithstanding anything to the contrary in any
6 to 10, both inclusive, shall be necessary; but the enactment for the time being in force, an appeal shall
Collector shall without delay furnish a copy of the only lie in any proceedings under this Act to the High
order of the [appropriate Government] to the Court from the award, or from any part of the award,

of the court and from any decree of the High Court made or purporting to have been made under part
passed on such appeal as aforesaid an appeal shall lie VII of the principle Act before the 20th day of July
to 4[the Supreme Court] subject to the provisions 1962 , shall,in so far as such acquisition is not for any
contained in section 110 of the Code of Civil of the purposes mentioned in clause (a) or clause
Procedure, 1908, and in Order XLV thereof.] (b) of sub-section (1) of section 40 of the principal
Act, be deemed to have been made for the purpose
55. Power to make rules. - (1) The [appropriate
mentioned in clause (aa) of the said sub-section, and
government] shall have power to make rules consistent
accordingly every such acquisition and any
with this Act for the guidance of officers in all matters
proceeding, order, agreement or action in connection
connected with its enforcement, and may from time
with such acquisition shall be, and shall be deemed
to time alter and add to the rules so made:
always to have been, as valid as if the provisions of
[Provided that the power to make rules for carrying section 40 and 41 of the principal Act, as amended
out the purposes of part VII of this Act shall be by this Act, were in force at all material times when
exercisable by the central government and such rules such acquisition was made or proceeding was held
may be made for the guidance of the state or order was made or agreement was entered into
governments and the officers of the central or action was taken.
government and of the state governments:
Explanation - In this section “company” has the
Provided further that every such rule made by the same meaning as in clause (e) of section 3 of the
central government shall be laid as soon as may be principal Act as amended by this Act.
after it is made, before each House of parliament
The Land Acquisition (Amendment) Act, 1984 -
while it is in session for a total period of thirty days
Extract of Section 30 - transitional provisions.
which may be comprised in one session or two or
more successive sessions, and if, [before the expiry 30 (1) the provisions of sub-section (1A) of section
of the session immediately following the session or 23 of the principal Act, as inserted by clause (a) of
the successive sessions aforesaid], both Houses agree section 15 of this Act, shall apply, and shall be deemed
in making any modification in the rule or both Houses to have applied, also to and in relation to-
agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form (a) every proceeding for the acquisition of any land
or be of no effect, as the case may be; so however under the principal Act pending on the 30th day of
that any such modification or annulment shall be April, 1982 (the date of introduction of the Land
without prejudice to the validity of anything Acquisition (Amendment) Bill in the House of
previously done under that rule :] people) in which no award has been made by the
collector before that date;
[Provided also that every such rule made by the state
government shall be laid, as soon as may be after it (b) every proceeding for the acquisition of any land
is made, before the state legislature.] under the principal Act commenced after that date,
whether or not an award has been made by the
(2) The power to make, alter and add to rules under collector before the commencement of this Act.
sub-section (1) shall be subject to the conditions of
the rules, being made, altered or added to after (2) the provisions of sub-section (2) of section 23
previous publication. and section 28 of the principal Act, as amended by
clause (b) of section 15 and section 18 of this Act
(3) All such rules, alterations and additions shall be respectively, shall apply, and shall be deemed to have
published in the official gazette, and shall thereupon applied, also to, and relation to, any award made by
have the force of law. the collector or court or to any order passed, by the
High Court or Supreme Court in appeal against any
Exact from the Land Acquisition (Amendment) Act,
such award under the provisions of the principal
(1962) (31 of 1962)
Act after the 30th day of April 1982 (the date of
7. Validation of certain actuations- introduction of the Land Acquisition (Amendment)
Notwithstanding any judgment ,decree per order Bill 1982, in the House of the People and before
of any court, every actuation of land for a company the commencement of this Act.

(3) the provisions of section 34 of the principal compensation for such acquisition had not been paid
Act, as amended by section 20 of this Act, shall or deposited under section 31 of the principal Act
apply, and shall be deemed to have applied, also to, until such date, with effect on and from that date; and
and in relation to,
(b) every case in which such possession had been
(a) every case in which possession of any land taken on or after that date but before the
acquired under the principal Act had been taken before commencement of this Act without the amount of
the 30th of April, 1982 (the date of introduction of compensation having been paid or deposited under
the Land Acquisition (Amendment) Bill 1982, in the the said section 31 with effect on and from the date
House of the People ), and the amount of of taking such possession.

Annexure - X
The Slum Areas (Improvement and Clearance)

Act, 1956
Act number 96 of 1956
Preamble (b) an owner in occupation of, or otherwise using
An Act to provide for the improvement and clearance his land or building;
of slum areas in certain Union Territories and for the (c) a rent-free tenant of any land or building;
protection of tenants in such areas from eviction.
(d) a licensee in occupation of any land or building;
Be it enacted by Parliament in the Seventh Year of the and
Republic of India as follows: (e) any person who is liable to pay to the owner
Chapter I: Preliminary damages for the use and occupation of any land
1.Short title, extent and commencement.- (1) This or buildings;]
Act may be called the Slum Areas (Improvement and (g) “owner” includes any person who is receiving
Clearance) Act, 1956. or is entitled to receive the rent of any building
or land whether on his own account or on
(2) It extends to all union territories except the Union behalf of himself and others or as agent or
territories of the Andaman and Nicobar Islands and the trustee, or who would so receive the rent or be
Laccadive, Minicoy and Amindivi Islands. entitled to receive it if the building or land were
(3) It shall come into force in a union territory on such let to a tenant;
date {union territory of Delhi—8th February, 1957 vide — (h) “prescribed” means prescribed by rules made
Notification No.S.R.O.421 dated 4-2-1957, see Gazette of India, under this Act; and
Part II, Sec.3, p.256.} as the central government may, by
notification in the official gazette, appoint; and different (i) “slum clearance” means the clearance of any slum
dates may be appointed for different union territories. area by the demolition and removal of buildings
therefrom.
2.Definitions.- In this Act, unless the context otherwise
requires,— (j) “work of improvement” includes in relation to
any building in a slum area the execution of any
(a) “Administrator” means the Administrator of a union
one or more of the following works, namely:
territory;
(b) “building” includes any structure or erection or any (i) necessary repairs;
part of a building as so defined but does not include (ii) structural alterations;
plant of machinery comprised in a building; (iii) provision of light points, water taps and
(c) “competent authority” means such officer or authority bathing places;
as the Administrator may, by notification in the official (iv) construction of drains, open or covered;
gazette, appoint as the competent authority for the
purposes of this Act; (v) provision of latrines, including conversion
of dry latrines into water-borne latrines;
(d) “erection” in relation to a building includes extension,
alteration or re-erection; (vi) provision of additional or improved fixtures
or fittings;
(e) “land” includes benefits to arise out of land, and
things attached to the earth of permanently fastened (vii) opening up or paving of courtyards;
to anything attached to the earth; (viii) removal of rubbish; and
(f) “occupier” includes- (ix)any other work including the demolition of
(a) any person who for the time being is paying or any building or any part thereof which in
is liable to pay to the owner the rent or any the opinion of the competent authority is
portion of the rent of the land or building in necessary for executing any of the works
respect of which such rent in paid or is payable; specified above.]

Chapter II: Slum areas required to be executed relate to provision of water
3.Declaration of slum areas: taps, bathing places, construction of drains, open or
(1) Where the competent authority upon report from covered, as the case may be, provision of water-
any of its officers or other information in its borne latrines or removal of rubbish and such works
possession is satisfied as respects any area that the are to be executed outside the building, the notice
buildings in that area— shall be served upon the owner of the land.]
(a) are in any respect unfit for human habitation; or (2) In addition to serving a notice under this section on
the owner, the competent authority may serve a copy
(b) are by reason of dilapidation, overcrowding,
of the notice on any other person having an interest
faulty arrangement and design of such buildings,
in the building 4[or the land on which the building
narrowness or faulty arrangement of streets, lack
stands] whether as lessee, mortgagee or otherwise.
of ventilation, light or sanitation facilities, or any
combination of these factors, are detrimental to (3) In determining, for the purposes of this Act, whether
safety, health or morals, it may, by notification in the a building can be rendered fit for human habitation
official gazette, declare such area to be a slum area. at a reasonable expense, regard shall be had to the
estimated cost of the works necessary to render it
(2) In determining whether a building is unfit for human
so fit and the value which it is estimated that the
habitation for the purposes of this Act, regard shall
building will have when the works are completed.
be had to its condition in respect of the following
matters, that is to say— 5. Enforcement of notice requiring execution of
(a) repair; works of improvement: (1) If a notice under section
(b) stability; 4 requiring the owner of the building 5[or of the
(c) freedom from damp; land on which the building stands, as the case may
(d) natural light and air; be] to execute works of improvement is not
(e) water supply; complied with, then, after the expiration of the time
(f) drainage and sanitary conveniences; specified in the notice the competent authority may
(g) facilities for storage, preparation and cooking of itself do the works required to be done by the notice.
food and for the disposal of waste water; and the
(2) All expenses incurred by the competent authority under
building shall be deemed to be unfit as aforesaid if
this section, together with interest, at such rate as the
and only if it is so far defective in one or more of
Central Government may by order fix, from the date
the said matters that it is not reasonably suitable for
when a demand for the expenses is made until the
occupation in that condition.
payment, may be recovered by the competent
Chapter III: Slum improvement authority from the owner of the building 5[or of the
4. Power of competent authority to require land on which the building stands, as the case may be]
improvement of buildings unfit for human as arrears of land revenue:
habitation: (1) Where the competent authority upon Provided that if the owner proves that he
report from any of its officers or other information (a) is receiving the rent merely as agent or trustee for
in its possession is satisfied that any building in a slum some other person; and
area is in any respect unfit for human habitation, it (b) has not in his hands on behalf of that person sufficient
may, unless in its opinion the building is not capable at money to satisfy the whole demand of the authority
a reasonable expense of being rendered so fit, serve his liability shall be limited to the total amount of the
upon the owner of the building a notice requiring money which he has in his hands as aforesaid.
him within such time not being less than thirty days as
6. Expenses of maintenance of works of
may be specified in the notice to execute the works
improvement etc., to be recoverable from the
of improvement specified therein and stating that in
occupiers of buildings: Where works of
the opinion of the authority those works will render
improvement have been executed in relation to any
the building fit for human habitation.
building in a slum area in pursuance of the provisions
3
[Provided that where the owner of the building is of sections 4 and 5, the expenses incurred by the
different from the owner of the land on which the competent authority or, as the case may be, any local
building stands and the works of improvement authority in connection with the maintenance of such
217 The Slum Areas (Improvement and Clearance)

works of improvement or the enjoyment of amenities slum area is unfit for human habitation and is not
and conveniences rendered possible by such works shall capable at a reasonable expense of being rendered
be recoverable from the occupier or occupiers of the so fit, it shall serve upon the owner of the building,
building as arrears of land revenue. and upon any other person having an interest in the
7
building, whether as lessee, mortgagee or otherwise,
[6A.Restriction on building, etc., in slum areas.
a notice to show cause within such time as may be
(1) The competent authority may, be notification in specified in the notice as to why an order of
the official gazette, direct that no person shall demolition of the building should not be made.
erect any building in a slum area except with the
(2) If any of the persons upon whom a notice has been
previous permission in writing of the competent
served under sub-section (1), appears in pursuance
authority.
thereof before the competent authority and gives an
(2) Every notification issued under sub-section (1) shall undertaking to the authority that such persons shall
cease to have effect on the expiration of two years within a period specified by the authority execute such
from the date thereof except as respects things works of improvement in relation to the building as
done or omitted to be done before such cesser. will in the opinion of the authority render the building
(3) Every person desiring to obtain the permission fit for human habitation, or that it shall not be used
referred to in sub-section (1) shall make an for human habitation until the authority on being
application in writing to the competent authority satisfied that it has been rendered fit for that purpose
in such form and containing such information in cancels the undertaking, the authority shall not make
respect of the erection of the building to which any order of demolition of the building.
the application relates as may be prescribed. (3) If no such undertaking as is mentioned in sub-section
(4) On receipt of such application, the competent (2) is given, or if in a case where any such undertaking
authority, after making such inquiry as it considers has been given any work of improvement to which
necessary, shall, by order in writing - the undertaking relates is not carried out within the
specified period, or the building is at any time used in
(a) either grant the permission subject to such contravention of the terms of the undertaking, the
terms and conditions, if any, as may be competent authority shall forthwith make an order
specified in the order; or
of demolition of the building requiring that the
(b) refuse to grant such permission: building shall be vacated within a period to be specified
in the order not being less than thirty days from the
Provided that before making an order refusing such date of the order, and that it shall be demolished within
permission, the applicant shall be given a reasonable
six weeks after the expiration of that period.
opportunity to show cause why the permission
should not be refused. 8. Procedure to be followed where demolition
order has been made:
(5) Nothing contained in sub-section (1) shall apply
(1) Where an order for demolition of a building under
to -
section 7 has been made the owner of the building
(a) any works of improvement required to be or any other person having an interest therein shall
executed by a notice under sub-section (1) of demolish that building within the time specified
section 4 or in pursuance of an undertaking given in that behalf by the order; and if the building is
under sub-section (2) of section 7; or not demolished within that time the competent
(b) the erection of any building in any area is respect authority shall enter and demolish the building and
of which a slum clearance order has been made sell the materials thereof.
under sub-section 10.]
(2) Any expenses incurred by the competent authority
7. Power of competent authority to order under sub-section (1), if not satisfied out of the
demolition of buildings unfit for human proceeds of sale of materials of the building
habitation: (1) Where a competent authority upon shall be recoverable from the owner of the
a report from any of its officers or other information building or any other person having an interest
in its possession is satisfied that any building within a therein as arrears of land revenue.

Chapter IV : Slum clearance and re-development (5) If the buildings are not demolished before the
9. Power to declare any slum area to be a clearance expiration of the period mentioned in sub-section
area: (4), the competent authority shall enter and
(1) Where the competent authority upon a report demolish the buildings and sell the materials thereof.
from any of its officers or other information in (6) Any expenses incurred by the competent authority
its possession is satisfied as respects any slum in demolishing any building shall, if not satisfied
area that the most satisfactory method of dealing out of the proceeds of sale of materials thereof,
with the conditions in the area is the demolition be recoverable by the competent authority as
of all the buildings in the area, the authority shall arrears of land revenue.
by an order notified in the official gazette declare
8
the area to be a clearance area, that is to say, an [(7) Subject to the provisions of this Act, where a
area to be cleared of all buildings in accordance slum clearance order has become operative, the
with the provisions of this Act. owner of the land to which the order applies
may re-develop the land in accordance with plans
Provided that any building in the area which is approved by the competent authority and subject
not unfit for human habitation or dangerous or to such restrictions and conditions (including a
injurious to health may be excluded from the condition with regard to the time within which
declaration if the authority considers it necessary. the re-development shall be completed), if any,
as that authority may think fit to impose:
(2) The competent authority shall forthwith transmit
to the Administrator a copy of the declaration Provided that an owner who is aggrieved by a
under this section together with a statement of the restriction or condition so imposed on the user of
number of persons who on a date specified in the his land or by a subsequent refusal of the competent
statement were occupying buildings comprised in authority to cancel or modify any such restriction
the clearance area. or condition may, within such time as may be
prescribed, appeal to the Administrator and the
10. Slum clearance order: Administrator shall make such order in the matter
(1) As soon as may be after the competent authority as he thinks proper and his decision shall be final.]
has declared any slum area to be a clearance area,
(8) No person shall commence or cause to be
it shall make a slum clearance order in relation
commenced any work in contravention of a plan
to that area ordering the demolition of each of approved or a restriction or condition imposed
the buildings specified therein and requiring each under sub-section (7).
such building to be vacated within such time as
may be specified in the order and submit the [11.Power of competent authority to re-develop
order to the Administrator for confirmation. clearance area:
(1) Notwithstanding anything contained in sub-
(2) The Administrator may either confirm the order section (7) of section 10, the competent authority
in toto or subject to such variations as he may at any time after the land has been cleared
considers necessary or reject the order. of the buildings in accordance with a slum
clearance order but before the work of re-
(3) If the Administrator confirms the order, the
development of that land has been commenced
order shall become operative from the date of
by the owner, by order, determine to re-develop
such confirmation. the land if that authority is satisfied that it is
(4) When a slum clearance order has become necessary in the public interest to do so.
operative, the owners of buildings to which the (2) Where land has been cleared of the buildings in
order applies shall demolish the buildings before accordance with a slum clearance order, the
the expiration of six weeks from the date on competent authority, if it is satisfied that the land
which the buildings are required by the order to has been, or is being, re-developed by the owner
be vacated or before the expiration of such thereof in contravention of plans approved by
longer period as in the circumstances of the case the authority or any restrictions or conditions
the competent authority may deem reasonable. imposed under sub-section (7) of sub-section

10 or has not been re-developed within the time, 14. Right to receive compensation: Every persons
if any, specified under such conditions, may, by having any interest in any land acquired under this Act
order, determine the re-develop the land: shall be entitled to receive from the central government
compensation as provided hereafter in this Act.
Provided that before passing such order, the owner
15. Basis for determination of compensation:
shall be given a reasonable opportunity to show cause
(1) The amount payable as compensation in respect
why the order should not be passed.]
of any land acquired under this Act shall be an
Chapter V: Acquisition of land amount equal to sixty times the net average
12. Power of Central Government to acquire land: monthly income actually derived from such land
(1) Where on any representation from the competent during the period of five consecutive years
authority it appears to the central government that, immediately preceding the date of publication
in order to enable the authority to execute any of the notice referred to in section 12.
work of improvement in relation to any building (2) The net average monthly income referred to in
in a slum area or to re-develop any clearance area, sub-section (1) shall be calculated in the manner
it is necessary that land within, adjoining or and in accordance with the principles set out in
surrounded by any such area should be acquired, the Schedule.
the central Government may acquire the land by
(3) The competent authority shall, after holding an
publishing in the official gazette a notice to the
inquiry in the prescribed manner, determined in
effect that the central government has decided to
accordance with the provisions of sub-section (2),
acquire the land in pursuance of this section:
the net average monthly income actually derived
Provided that, before publishing such notice, the from the land and publish a notice in the official
central government may call upon the owner gazette specifying the amount so determined and
of, or any other person who, in the opinion of calling upon the owner of the land and every
the central government, may be interested in, such person interested therein to intimate to it before a
land to show cause why it should not be date specified in the notice whether such owner
acquired; and after considering the cause, if any, or person agrees to the amount so determined
shown by the owner or any other person and if he does not so agree, what amount he
interested in the land, the central government may claims to be the net average monthly income
pass such order as it deems fit. actually derived from the land.
(4) Any person who does not agree to the amount
(2) When a notice as aforesaid is published in the official
of the net average monthly income determined
gazette, the land shall, on and from the date on
by the competent authority under sub-section
which the notice is so published, vest absolutely in
(3) and claims a sum in excess of that amount
the central government free from all encumbrances.
may prefer an appeal to the Administrator within
13. Land acquired by the central government to be thirty days from the date specified in the notice
made available to the competent authority: referred to in that sub-section.
Where any land in a slum area or clearance area has (5) On appeal the Administrator shall, after hearing
been acquired under this Act the central government the appellant, determine the net average monthly
shall make the land available to the competent income and his determination shall be final and
authority for the purpose of executing any work of shall not be questioned in any court of law.
improvement or carrying out any order of (6) Where there is any building on the land in respect
demolition or for the purpose of re-development. of which the net average monthly income has
[Provided that where on any representation from been determined, no separate compensation shall
the competent authority, the central government is be paid in respect of such building:
satisfied that any such land or any portion thereof is Provided that where the owner of the land and
unsuitable for the purposes mentioned in this section, the owner of the building on such land are
the central government may use the land or allow it different, the competent authority shall apportion
to be used for such other public purpose or purposes the amount of compensation between the owner
as it may deem fit.] of the land the owner of the building 11[in the

same proportion as the market price of the land (a) summoning and enforcing the attendance
bears to be market price of the building on the of any person and examining him on oath
date of the acquisition:] (b) requiring the discovery and production of
any document;
16. Apportionment of compensation.-
(1) Where several persons claim to be interested in (c) reception of evidence on affidavits;
the amount of compensation determined under (d) requisitioning any public record from any
section 15, the competent authority shall court or office;
determine the persons who in its opinion are (e) issuing commissions for examining of
entitled to receive compensation and the amount witnesses.
payable to each of them.
Chapter VI : Protection of tenants in slum areas
(2) If any dispute arises as to the apportionment of from eviction
compensation or any part thereof, or as to the [19. Proceedings for eviction of tenants not to be
persons to whom the same or any part thereof is taken without permission of the competent
payable, the competent authority may refer the authority:
dispute to the decision of the Administrator; and (1) Notwithstanding anything contained in any other
the Administrator in deciding any such dispute shall law for the time being in force, no person shall,
follow, as far as may be, the provision of Part III except with the previous permission in writing
of the Land Acquisition Act, 1894 (1 of 1894). of the competent authority -
17. Payment of compensation or deposit of the (a) institute, after the commencement of the Slum
same in court: Area (Improvement and Clearance) Amendment
Act, 1964, any suit or proceeding for obtaining
(1) After the amount of compensation has been any degree or order for the eviction of a tenant
determined, the competent authority shall on from any building or land in a slum area; or
behalf of the central government tender (b) where any degree or order is obtained in any suit
payment of, and pay, the compensation to the or proceeding instituted before such
persons entitled thereto. commencement for the eviction of a tenant
from any building or land in such area, execute
(2) If the persons entitled to compensation do not
such degree or order.
consent to receive it, or if there be any dispute
as to the title to receive compensation or as to (2) Every person desiring to obtain the permission
the apportionment of it, the competent authority referred to in sub-section (1) shall make an
shall deposit the amount of compensation in application in writing to the competent authority
in such form and containing such particulars as
the court of the district judge and that court
may be prescribed.
shall deal with the amount so deposited in the
manner laid down in section 32 and 33 of the (3) On receipt of such application, the competent
Land Acquisition Act, 1894 (1 of 1894). authority, after giving an opportunity to the Parties
of being heard and after making such summary
18. Powers of competent authority relation to inquiry into the circumstances of the case as it
determination of compensation, etc: thinks fit, shall by order in writing, either grant
or refuse to grant such permission.
(1) The competent authority may, for the purposes
of determining the amount of compensation (4) In granting or refusing to grant the permission under
or apportionment thereof, require, by order, any sub-section (3), the competent authority shall take
person to furnish such information in his into account the following factors, namely:
possession as may be specified in the order. (a) whether alternative accommodation within the
means of the tenant would be available to him
(2) The competent authority shall, while holding
if he were evicted;
inquiry under section 15, have all the powers of
a civil court while trying a suit under the Code (b) whether the eviction is in the interest of
of Civil Procedure, 1908 (5 of 1908), in respect improvement and clearance of the slum areas;
of the following matters, namely: (c) such other factors, if any, as may be prescribed.

(5) Where the competent authority refuses to grant pay to the owner until the rent is finally
the permission, it shall record a brief statement determined under section 20B the rent
of the reasons for such refusal and furnish a provisionally determined under sub-section (2),
copy thereof to the applicant.] the competent authority shall direct the owner
[20. Appeals: Any person aggrieved by an order of to place the tenant in occupation of the building
the competent authority refusing to grant the after the completion of the work of
permission referred to in sub-section (1) of improvement or re-erection of the building, as
section 6A or referred to in sub-section (1) of the case may be, and the owner shall be bound
section 19 may, within such time as may be to comply with such direction.
prescribed, prefer an appeal to the Administrator 20B. Rent of buildings in slum areas: (1) Where
and the Administrator may, after hearing the any building in a slum area is let to a tenant after
appellant, decide such appeal the decision shall the execution of any work of improvement or
be final.] after it has been re-erected, the rent of the
[20A. Restoration of possession of premises building shall be determined in accordance with
vacated by a tenant: (1) Where a tenant in the provisions of this section.
occupation of any building in a slum area vacates (2) Where any such building is let to a tenant
any building or is evicted therefrom on the ground other than a tenant who is placed in possession
that it was required for the purpose of executing of the building in pursuance of a direction issued
any work of improvement or for the purpose or under sub-section (4) of section 20A, the tenant
re-erection of the building, the tenant may, within shall be liable to pay to the owner
such time as may be prescribed, file a declaration
(a) if there is a general law relating to the control
with the competent authority that he desires to be
replaced in occupation of the building after the of rents in force in the area in which the building
completion of the work of improvement or re- is situated and applicable to that building, the
erection of the building, as the case may be. rent determined in accordance with the
provisions of that law’
(2) On receipt of such declaration, the competent
authority shall be order require the owner of (b) if there is no such law in force in such area,
the building to furnish to it, within such time as such rent as may be agreed upon between the
may be prescribed, the plans of the work of owner and the tenant.
improvement or re-erection of the building and (3) Where any such building is let to a tenant in
estimates of the cost thereof and such other pursuance of a direction issued under sub-
particulars as may be necessary and shall, on the section (4) of section 20A, the tenant shall,
basis of such plans and estimates and particulars, notwithstanding any law relating to the control
if any, furnished and having regard to the of rents in force in the area be liable to pay to
provisions of sub-section (3) of section 20B and the owner-
after holding such inquiry as it may think fit, (a) if any work of improvement has been
provisionally determine the rent that would be executed in relation to the building, an annual
payable by the tenant if he were to be replaced in rent of a sum equivalent to the aggregate of the
occupation of the building in pursuance of the following amounts, namely :
declaration made by him under sub-section (1). (i) the annual rent the tenant was paying
(3) The rent provisionally determined under sub- immediately before he vacated the building for
section (2) shall be communicated in the the purpose of execution of the work of
prescribed manner to the tenant and the owner. improvement;
(4) If the tenant after the receipt of such (ii) six percent.of the cost of the work of
communication intimates in writing to the improvement ; and
competent authority within such time as may be (iii) six percent.of a sum equivalent to the
prescribed that when he is replaced in occupation compensation payable in respect of any land
of the building in pursuance of the declaration which may have been acquired for the purpose
made by him under sub-section (1), he would of effecting such improvement as if such land

where acquired under section 12 on the date of determined and if the amount so paid falls short
the commencement of the work of of, or is in excess of, the rent finally determined,
improvement; the tenant shall pay the deficiency, or be entitled
(b) if the building has been re-erected, an annual to a refund, as the case may be.]
rent of a sum equivalent to four percent of the 21. Chapter not to apply to eviction of tenants
aggregate cost of reconstruction of the building from certain buildings: Nothing in this Chapter
and the cost of the land on which the building is shall apply to or in relation to the [eviction under
re-erected. any law] of a tenant from any building in a slum
Explanation: For the purposes of this clause, area belonging to the Government, the [Delhi
the cost of the land shall be deemed to be a Development Authority] or any local authority.
sum equivalent to the compensation payable in Chapter VII: Miscellaneous
respect of the land if it were acquired under 22. Power of entry: It shall be lawful for any person
section 12 on the date of commencement of authorised by the competent authority in this
the reconstruction of the building. behalf to enter into or upon any building or
(4) The rent payable by a tenant in respect of any land in a slum area with or without assistants or
building under sub-section (3) shall, on an workmen in order to make any inquiry,
application made by the tenant or the owner, be inspection, measurement, valuation or survey, or
determined by the authority referred to in sub- to execute any work which is authorised by or
section (5) ; under this Act or which it is necessary to execute
Provided that an application for determination for any of the purposes or in pursuance of any
of such rent by the owner or the tenant shall of the provisions of this Act or of any rule or
not, except for sufficient cause, be entertained order made thereunder.
by such authority after the expiry of ninety days 23. Powers of inspection: (1) The competent
from the completion of the work of authority may, by general or special order,
improvement or re-erection of the building, as authorise any person—
the case may be. (a) to inspect any drain, latrine, urinal, cesspool, pipe,
(5) The authority to which the application referred sewer or channel in or on any building or land in
to in sub-section (4) shall be made, shall be - a slum area, and in his discretion to cause the
(a) where there is a general law relating to the control ground to be opened for the purpose of
of rents in force in the area in which the building preventing or removing any nuisance arising from
is situated, the authority to whom applications the drain, latrine, urinal, cesspool, pipe, sewer or
may be made for fixing of rents of buildings channel, as the case may be;
situated in that area; and for the purpose of (b) to examine works under construction in the slum
determining the rent under this section that area, to take levels or to remove, test, examine,
authority may exercise all or any of the powers replace or read any metre.
it has under the said general law; and the (2) If, on such inspection, the opening of the ground
provisions of such law including provisions is found to be necessary for the prevention or
relating to appeals shall apply accordingly; removal of a nuisance, the expenses thereby
(b) if there is no such law in force in that area, such incurred shall be paid by the owner or occupier
authority as may be specified by rules made in of the land or building, but if it is found that no
this behalf by the central government and such nuisance exists of but for such opening would
rules may provide the procedure that will be have arisen, the ground or portion of any
followed by that authority in determining the building, drain, or other work opened, injured
rent and also for appeals against the decision of or removed for the purpose of such inspection
such authority. shall be filled in, reinstated, or made good, as
(6) Where the rent is finally determined under this the case may be, by the competent authority.
section, then the amount of rent paid by the 24. Power to enter land adjoining land where
tenant shall be adjusted against the rent so finally work is in progress.- (1) Any person authorised

by the competent authority in this behalf may, of any notice, order or direction issued or given
with or without assistants or workmen, enter on by the authority, the authority shall, by order, direct
any land within fifty yards of any work authorised the eviction of the occupants from the building
by or under this Act for the purpose of in such manner and within such time as may be
depositing thereon any soil, gravel, stone or other [and for the purpose of such eviction may use or
materials, or for obtaining access to such work cause to be used such force as may be necessary]
or for any other purposes connected with the Provided that before making any order under
carrying on of the same. this section the competent authority shall give a
(2) The person so authorised shall, before entering reasonable opportunity to the occupants of the
on any land under sub-section (1), state the building to show cause why they should not be
purpose thereof, and shall, if so required by the evicted therefrom.
occupier, or owner, fence off so much of the 29. Power to remove offensive or dangerous
land as may be required for such purpose. trades from slum areas: The competent
(3) The person so authorised shall, in exercising any authority may, by order in writing, direct any person
power conferred by this section, do as little carrying on any dangerous or offensive trade in a
damage, as may be, and compensation shall be slum area to remove the trade from that area within
payable by the competent authority to the owner such time as may be specified in the order:
or occupier of such land or to both for any Provided that no order under this section shall be
such damage whether permanent or temporary. made unless the person carrying on the trade has
25.Braking into buildings: It shall be lawful for been afforded a reasonable opportunity of showing
any person authorised by the competent authority cause as to why the order should not be made.
in this behalf to make any entry into any place, 30. Appeals: (1) Except as otherwise expressly
to open or cause to be opened any door, gate provided in this Act, any person aggrieved by
or other barrier— any notice, order or direction issued or given by
the competent authority may appeal to the
(a) if he considers the opening thereof necessary
Administrator within a period of thirty days from
for the purpose of such entry; and
the date of issue of such notice, order or direction.
(b) if the owner or occupier is absent, or being
(2) Every appeal under this Act shall be made by
present refuses to open such door, gate or barrier.
petition in writing accompanied by a copy of
26.Entry to be made in the daytime: No entry the notice, order or direction appealed against.
authorised by or under this Act shall be made
(3) On the admission of an appeal, all proceedings
except between the hours of sunrise and sunset.
to enforce the notice, order or direction and all
27.Owners consent ordinarily to be obtained: prosecutions for any contravention thereof shall
Save as otherwise provided in this Act shall be be held in abeyance pending the decision of the
entered without the consent of the occupier, or appeal, and if the notice, order or direction is
if there is no occupier, of the owner thereof, set aside on appeal, disobedience thereto shall
and no such entry shall be made without giving not be deemed to be an offence.
the said occupier or owner, as the case may be, (4) No appeal shall be decided under this section
not less than twenty-four hours’ written notice unless the appellant has been heard or has had a
of the intention to make such entry: reasonable opportunity of being heard in person
Provided that no such notice shall be necessary or through a legal practitioner.
if the place to be inspected is a shed for cattle or (5) The decision of the Administrator on appeal shall
a latrine, urinal or a work under construction. be final and shall not be questioned in any court.
28.Power of eviction to be exercised only by 31.Service of notices, etc: (1) Every notice, order
the competent authority: Where the competent or direction issued under this Act shall, save as
authority is satisfied either upon a representation otherwise expressly provided in this Act, be served -
from the owner of a building or upon other (a) by giving or tendering the notice, order or
information in its possession that the occupants direction, or by sending it by post to the person
of the building have not vacated it in pursuance for whom it is intended; or

(b) if such person cannot be found, by affixing the as the company, shall be deemed to be guilty of
notice, order or direction on some conspicuous the offence and shall be liable to be proceeded
part of his last known place of abode or against and punished accordingly:
business, or by giving or tendering the notice, Provided that nothing contained in this sub-
order or direction to some adult male member section shall render any such person liable to any
or servant of his family or by causing it to be punishment provided in this Act if he proves
affixed on some conspicuous part of the that the offence was committed without his
building or land, if any, to which it relates. knowledge or that he exercised all due diligence
(2) Where the person on whom a notice, order or to prevent the commission of such offence.
direction is to be served is a minor, service upon (5) Notwithstanding anything contained in sub-
his guardian or upon any adult male member or section (3) where an offence under this Act has
servant of his family shall be deemed to be the been committed by a company and it is proved
service upon the minor. that the offence has been committed with the
(3) Every notice, order or direction which by or under consent or connivance of, or is attributable to
this Act is to be served as a public notice, order any neglect on the part of, any director or
or direction or as a notice, order or direction manager, secretary or other officer of the
which is not required to be served to any company, such director, manager, secretary or
individual therein specified shall, save as otherwise other officer shall also be deemed to be guilty
expressly provided, be deemed to be sufficiently of that offence and shall be liable to be
served if a copy thereof is affixed in such proceeded against and punished accordingly.
conspicuous part of the office of the competent Explanation - For the purposes of this section -
authority or in such other public place during
such period, or is published in such local (a) ‘company’ means a body corporate and includes
newspaper or in such manner, as the competent a firm or other association of individuals; and
authority may direct. (b) ‘director’ in relation to a firm means a partner
32.Penalties: (1) Whoever [fails to comply with] in the firm.
any notice, order or direction issued or given 33.Order of demolition of buildings in certain
under this Act shall be punishable with cases: [(1)]Where the erection of any building
imprisonment for a term which may extend to has been commenced, or is being carried out,
three months, or with fine which may extend to or has been completed, in contravention of any
one thousand rupees, or with both. restriction or condition imposed under sub-
(2) Whoever commences or causes to be section (7) of section 10 or a plan for the re-
commenced any work in contravention of any development of any clearance area or in
restriction or condition imposed under sub- contravention of any notice, order or direction
section (7) of section 10 or any plan for the re- issued or given under this Act the competent
development of a clearance area shall be authority may, in addition to any other remedy
punishable with imprisonment which may extend that may be resorted to under this Act or under
to three months, or with fine which may extend any other law, make an order directing that such
to one thousand rupees, or with both. erection shall be demolished by the owner
(3) Whoever obstructs the entry of any person thereof within such time not exceeding two
authorised under this Act to enter into or upon months as may be specified in the order, and on
any building or land or molests such person after the failure of the owner to comply with the order,
such entry shall be punishable with fine which the competent authority may itself cause the
may extend to one thousand rupees. erection to be demolished and the expenses of
such demolition shall be recoverable from the
(4) If the person committing an offence under this
owner as arrears of land revenue:
Act is a company, every person who at the time
the offence was committed was in charge of, Provided that no such order shall be made unless
and was responsible to, the company for the the owner has been given a reasonable
conduct of the business of the company as well opportunity of being heard.

[(2) For the purpose of causing any building to be 39.Act to override other laws: The provisions of
demolished under sub-section (1), the competent this Act and the rules made thereunder shall have
authority may use or cause to be used such force effect notwithstanding anything inconsistent
as may be necessary.] therewith contained in any other law.
34.Jurisdiction of Courts: No court inferior to 40.Power to make rules: (1) The central
that of a magistrate of the first class shall try an government may, by notification in the official
offence punishable under this Act. gazette, make rules to carry out the purposes of
this Act.
35. Previous sanction of the competent
(2) In particular and without prejudice to the generality
authority or officers authorised by it for
of the foregoing power such rules may provide
prosecution: No prosecution for any offence
for all or any of the following matters, namely:
punishable under this Act shall be instituted
except with the previous sanction of the (a) the manner of authentication of notices, orders
competent authority or an officer authorised by and other instruments of the competent authority;
the competent authority in this behalf. (b) the preparation of plans for the re-
36.Power to delegate: [(1)]The competent authority development of any slum area, and matters to
may, by notification in the official gazette, direct be included in such plans;
that any power exercisable by it under this Act [(bb) the form in which an application under sub-
may also be exercised, in such cases and subject section (3) of section 6A shall be made and the
to such conditions, if any, as may be specified in information to he furnished and the fees to be
the notification, by such officer or the local levied in respect of such application;
authority as may be mentioned therein.
(bbb) the manner in which inquiries may be held
[(2) The central government may, by notification in under sections 15 and 19;]
the official gazette, direct that any power
(c) the form and manner in which applications
exercisable by the Administrator under sub-
for permission under sub-section (2) of section
section (7) of section 10, section 15, sub-section
19 shall be made and the fees to be levied in
20 and section 30 may, subject to such conditions,
respect of such applications;
if any, as may be specified in the notification, be
exercised also by the chief secretary or by such (d) the procedure to be followed [and the factors
other officer as may be mentioned therein.] to be taken into consideration] by the competent
authority before granting or refusing to grant
37.Protection of action taken in good faith: No
permission under section 19;
suit, prosecution or other legal proceeding shall
lie against the competent authority or against any (e) the time within which an appeal may be
person for anything which is in good faith done preferred under [sub-section (7) of section 10
or intended to be done under this Act or the or section 20]
rules made thereunder. [(ee) the time within which a declaration may be
[37A. Bar of jurisdiction: Save as otherwise expressly tiled under sub-section (1) or an intimation may
provided in this Act, no civil court shall have be sent under sub-section (4) of section 20A
jurisdiction in respect of any matter which the and the fees, if any, to be levied in respect of
competent authority or any other person is such declaration;
empowered by or under this Act, to determine (eee) the time within which plans, estimates and
and no injunction shall be granted by any court
other particulars referred to in sub-section (2)
or other authority in respect of any action taken
of section 20A may be furnished;
or to be taken in pursuance of any power
conferred by or under this Act.] (eeee) the procedure to be followed by the
competent authority for fixing the provisional
38.Competent authority etc., to be public
rent under sub-section (2) of section 20A;
servants: The competent authority and any person
authorised by him under this Act shall be deemed (eeeee) the manner in which the rent provisionally
to be public servants within the meaning of section determined under section 20A shall be
21 of the Indian Penal Code (45 of 1860). communicated to the tenants and owners;

(eeeeee) the matters in respect of which provision of any property tax to the municipal or other local
may be made under sub-section (5) of section 20B;] authority, for collection charges, income-tax or bad
debts as well as for works of repair and maintenance
(f) the officers and local authorities to whom
powers may be delegated under section 36; and of the buildings, if any, on the land.
(g) any other matter which has to be, or may be, 5. Where the land or any portion thereof has been
prescribed. unoccupied or the owner has not been in receipt of
any rent for the occupation of the land during the
[(3) Every rule made under this section shall be whole or any part of the said period of five years,
laid as soon as may be after it is made before the gross rent shall be taken to be the income which
each House of Parliament while it is in session the owner would in fact have derived if the land has
for a total period of thirty days which may be been leased out for rent during the said period, and
comprised in one session or [in two or more for this purpose the rent actually derived from the
successive sessions and if before the expiry of land during a period prior or subsequent to the period
the session immediately following the session, during which it remained vacant or from similar land
or the successive sessions aforesaid] both Houses in the vicinity shall be taken into account.
agree in making any modification in the rule or
both Houses agree that the rule should not be 1. Substituted for “(e) “work of improvement”
made, the rule shall thereafter have effect only in includes in relation to any building in a slum area
such modified form or be of no effect, as the the execution of any one or more of the
case may be; so however that any such following works, namely:
modification or annulment shall be without I. necessary repairs;
prejudice to the validity of anything previously
done under that rule.] II. structural alterations;
III. provision of light points and water taps;
The schedule
(See section 15) IV. construction of drains, open or covered;
Principles for determination of the net average monthly V. provision of latrines
income VI. provision of additional or improved fixtures or
1. The competent authority shall first determine the gross fittings;
rent actually derived by the owner of the land VII.opening up or paving of court yards;
acquired including any building on such land during
VIII. removal of rubbish; and
the period of five consecutive years referred to in
sub-section (1) of section 15. IX. any other work including the demolition of any
building or any part thereof which in the opinion
2. For such determination the competent authority may of the competent authority is necessary for
hold any local inquiry and obtain, if necessary, certified executing any of the works specified above;
copies of extracts from the property tax assessment
books of the municipal or other local authority (f) “occupier” includes an owner in occupation of
concerned showing the rental value of such land. or otherwise using his own land or building;”
by the Slum Areas (Improvement and Clearance)
3. The net average monthly income referred to in sub- Act, 1964, w.e.f. 27-02-1975.
section (1) of section 15 shall be sixty percent of the
average monthly gross rent which shall be one sixtieth 2. Inserted by the Slum Area (Improvement and
of the gross rent during the five consecutive years as Clearance) Act, 1964, w.e.f. 27-02-1975.
determined by the competent authority under
3. Inserted by the Slum Area (Improvement and
paragraph 1.
Clearance) Act, 1964, w.e.f. 27-02-1975.
4. Forty percent of the gross monthly rental referred
4. Inserted by the Slum Area (Improvement and
to above shall not be taken into consideration in
determining the net average monthly income but shall
be deducted in lieu of the expenditure which the 5. Inserted by the Slum Area (Improvement and
owner of the land would normally incur for payment Clearance) Act, 1964, w.e.f. 27-02-1975.

6. Words “(3) If the owner of the building is 12. Words “Provided further that the compensation
different from the person who owns the land in respect of the building shall not in any case
on which the building stands and the expenses exceed fifty percent of the total amount of
incurred by the competent authority under this compensation which has been determined in
section are recoverable from both these persons, accordance with provisions of this section.”
then, such expenses shall be recoverable from
Omitted by the Slum Area (Improvement and
them in such proportion as may be determined
by the competent authority or by an officer
empowered by it in this behalf.” Omitted by 13. Substituted for”19.Tenants slum areas not to
the Slum Area (Improvement and Clearance) Act, be evicted without per mission of the
1964, w.e.f. 27-02-1975. competent authority: (1) Notwithstanding
7. Inserted by the Slum Area (Improvement and anything contained in any other law for the time
Clearance) Act, 1964, w.e.f. 27-02-1975. being in force, no person who has obtained any
decree or order for eviction of a tenant from any
8. Substituted for “(7) Where a slum clearance order
has become operative, no land to which the order building in a slum area shall be entitled to execute
applies shall be re-developed except in accordance such decree or order except with the previous
with plans approved by the competent authority permission in writing of the competent authority.
and except subject to such restrictions and
(2) Every person desiring to obtain the
conditions, if any, as the competent authority may
thing fit to impose: Provided that an owner who permission referred to in sub-section (1) shall
is aggrieved by a restriction or condition so make an application in writing to the competent
imposed on the user of his land or by a authority in such form and containing such
subsequent refusal of the competent authority to particulars as may be prescribed.
cancel or modify any such restriction or condition
may at any time appeal to the Administrator and (3) On receipt of such application the
the Administrator shall make such order in the competent authority, after giving an opportunity
matter as he thinks proper and his decision shall to the tenant of being heard and after making
be final.” by the Slum Area (Improvement and such summary inquiry into the circumstances of
Clearance) Act, 1964, w.e.f. 27-02-1975. the case as it thinks fit, shall by order in writing
9. Substituted for “11.Power of competent either grant such permission or refuse to grant
authority to re-develop clearance area or any such permission.
part thereof: Where land has been cleared of
(4) Where the competent authority refuses to
buildings in accordance with a slum clearance order,
the competent authority may, at any time after the grant the permission it shall record a brief
expiration of twelve months from the date on statement of the reasons for such refusal and
which the order became operative, by order, furnish a copy thereof to the applicant.” By the
determine to re-develop any land which on the Slum Area (Improvement and Clearance) Act,
date of the making of the order has not been, or is 1964, w.e.f. 27-02-1975.
not in the process of being, re-developed by the
owner thereof in accordance with plans approved 14. Substituted for “20.Appeals: Any person
by the authority and any restrictions and conditions aggrieved by an order of the competent authority
imposed under sub-section (7) of section 10.” by refusing to grant the permission referred to in
the Slum Area (Improvement and Clearance) Act, sub-section (1) of section 19 may, within such
1964, w.e.f. 27-02-1975. time as may be prescribed, prefer an appeal to
10. Inserted by the Slum Area (Improvement and the Administrator and the decision of the
Clearance) Act, 1964, w.e.f. 27-02-1975. Administrator on such appeal shall be final.” By
the Slum Area (Improvement and Clearance) Act,
11. Substituted for “in such proportion as he 1964, w.e.f. 27-02-1975.
considers reasonable” by the Slum Area
(Improvement and Clearance) Act, 1964, w.e.f. 15. Inserted by the Slum Area (Improvement and
27-02-1975. Clearance) Act, 1964, w.e.f. 27-02-1975.

16. Substituted for “execution of any decree or order 25. Inserted by the Slum Area (Improvement and
under any law for the eviction” by the Slum Area Clearance) Act, 1964, w.e.f. 27-02-1975.
(Improvement and Clearance) Act, 1964, w.e.f.
27-02-1975. 26. Inserted by the Slum Area (Improvement and
17. Substituted for “Delhi Improvement Trust” by
the Slum Area (Improvement and Clearance) Act, 27. Inserted by the Slum Area (Improvement and
1964, w.e.f. 27-02-1975. Clearance) Act, 1964, w.e.f. 27-02-1975.
18. Substituted for “No building or land” by the 28. Substituted for “section 20;” by the Slum Area
Slum Area (Improvement and Clearance) Act, (Improvement and Clearance) Act, 1964, w.e.f.
1964, w.e.f. 27-02-1975. 27-02-1975
19. Substituted for “specified in the order:” by the 29. Inserted by the Slum Area (Improvement and
Slum Area (Improvement and Clearance) Act,
1964, w.e.f. 27-02-1975.
20. Substituted for “does any act in contravention 30. Substituted for “(3) All rules made under this
of ” by the Slum Area (Improvement and section shall be laid for not less than thirty days
Clearance) Act, 1964, w.e.f. 27-02-1975. before both Houses of Parliament as soon as
possible after they are made, and shall be subject
21. Section 33 renumbered as sub-section (1) of to such modifications as Parliament may make
section 33 by the Slum Area (Improvement and
during the session to which they are so laid or
the section immediately following.” by the Slum
22. Inserted by the Slum Area (Improvement and Area (Improvement and Clearance) Act, 1964,
Clearance) Act, 1964, w.e.f. 27-02-1975. w.e.f. 27-02-1975.
23. Section 36 renumbered as sub-section (1) of 31. Substituted for “in two successive sessions, and
section 36 by the Slum Area (Improvement and if, before the expiry of the session in which it is
Clearance) Act, 1964, w.e.f. 27-02-1975. so laid or the session immediately following,” by
24. Inserted by the Slum Area (Improvement and Delegated Legislation Provision (Amendment)
Clearance) Act, 1964, w.e.f. 27-02-1975. Act, w.e.f. 15-05-1986.

Annexure XI
National Slum Policy (Draft) 2001
Objectives mean adopting policies and processes that promote

The main objectives of this policy are balanced equitable and sustainable development. The
1. To create awareness amongst the public and in policy aims to support the planned growth of urban
government of the underlying principles that guide areas in a manner that will help to upgrade all existing
the process of slum development and improvement slums and informal settlements with due regard for
and the options that are available for bringing about the protection of the wider public interest.
the integration of these settlement and the
5. The proliferation of slums and informal settlements
communities residing within them into the urban area
can be obviated by ensuring continuous supply/
as a whole.
recycling of serviced and semi- serviced land suitable
2. To strengthen the legal and policy framework to for high density occupation by lower income groups.
facilitate the process of slum development and Institutional, planning and fiscal mechanisms should
improvement on a sustainable basis. be devised to prevent the idle use of land in urban
areas. In those few cases where land needs to be
3. To establish a framework for involving all conserved for future use in the wider public interest
stakeholders for the efficient and smooth the land owning agencies concerned must evolve
implementation of policy objectives. more effective safeguarding measures.
Governing principles 6. Urban local bodies should work in collaboration with
1. Slums are an integral part of urban areas and all other stakeholders to enhance the impact of slum
contribute significantly to their economy both through development and improvement activity by building
their labour market contributions and informal the capacities of the poor and empowering them to
production activities. This policy, therefore, endorses improve their own living conditions. Urban
an upgrading and improvement approach in all management systems need to be improved in three
slums. It does not advocate the concept of slum critical areas: I) resource allocation and use; ii) service
clearance except under strict guidelines set down for delivery; and iii) urban governance- democratic
resettlement and rehabilitation in respect of certain slums efficient transparent and gender sensitive.
located on untenable sites (see Section C para 4a).
7. The poor represent an extremely important element
2. The policy embodies the core principle that of the urban labour force and contribute substantially
households in all urban informal settlements should to total productivity and labour market
have access to certain basic minimum services competitiveness. It is vital that all ULBs recognise
irrespective of land tenure or occupancy status. the contribution of the urban poor in helping to
build urban prosperity and make sufficient provision
3. Cities without slums should be the goal and objective
for them to have access to affordable land, house
of all urban planning for social and economic
sites and services. The present planning and
development. To reach this goal, it will be necessary
development framework is exclusive of slums and
to revision our urban development processes to make
informal settlements. It views slum as “problem
towns and cities fully democratic economically
areas” requiring corrective action. The legal
productive, socially just environmentally sustainable
framework with its origin in the pre- independence
and culturally vibrant.
socio- economic context requires modifications and
4. Urban growth and development should lay greater progressive change. There is a need for a greater
emphasis on equity and distributive justice. This will commitment to institutional re-orientation by

adopting a more ‘enabling’ approach to the delivery settlements : For the purpose of providing basic
of basic services accessible to the poor through the urban services, all under-serviced settlements
more effective mobilisation of community resources characterised by poor physical and socio-economic
and skills to complement public resource allocations. conditions, irrespective of land tenure status and
Major areas of attention include: town planning, land ownership should be identified by better-off
management, poverty alleviation, basic service residents. Once identified, these settlements should
delivery and capacity building. be listed by the urban local body.
b) Registration of slum dwellers: All people residing
8. Greater participation of communities and civil society in such listed settlements should then be registered
in all areas of planning, capacity building and with the ULB in order to prevent ineligible
development is envisaged. The 74 th Constitution beneficiaries being included in the development
Amendment represents the context within which this Programmes and schemes just before the initiation
policy document is set, recognising that it is the ultimate of improvement works or the issue of tenurial
responsibility of states and urban local bodies to rights. The date for the completion of this process
interpret and implement this policy to the best of will be at the discretion of the ULB. A reckoning
their ability. This policy reinforces the emphasis in date will be required for administrative purposes
the 74th Constitutional Amendment on decentralised in order to facilitate annual planning, budgeting
participatory structures such as ward committees and and service provision. The register should be
municipal planning committees in support of local updated to include subsequent amendments and
initiatives by community groups. This Policy stresses, new registrations lodged with ward committees
inter-alia, a priority role for local bodies in the from time to time.
discharge of functions listed in the Twelfth Schedule c) Identity card: A suitable identity card shall be
of Constitution of India viz I) slum improvement issued to all households in listed slums. The
and upgradation, ii) urban poverty alleviation, iii) identity card may contain a few details such as
regulation of land use and construction of buildings, household name, address, details of family
iv) provision of urban amenities, and v) public health members, etc.
and sanitation including provision of water supply. d) Basic service eligibility: Once settlements have
been listed in the above manner all registered
9. In line with the 74th Amendment this Policy presumes
residents will be automatically eligible to receive
that all public land not identified for specific basic minimum services/ amenities from the
government use should be vested with the ULB. urban local bodies (ULBs) pending any more
C Essential strategic interventions permanent measures taken to upgrade,
1. Inclusive “Approach to definition of slum/ rehabilitate or resettle the community. Each state
and ULB should determine the norms and
Informal settlement
standards for basic services such as water,
a) All under-serviced settlements, be they
sanitation, electricity, health, etc., and how these
unauthorised occupation of land, congested
will be delivered to residents of listed settlements.
Inner-city built up areas, fringe area unauthorised
developments, villages within urban areas and in e) Other entitlements: All urban poor, regardless of
the periphery, irrespective of tenure or their land tenure status, shall be entitled to any
ownership or land use shall be covered under other special assistance or welfare schemes that
the definition of a slum/informal settlement. are operative within the urban area and/or the
b) The criteria for defining a slum/informal state and which are not geographically or spatially
settlement shall take into consideration economic determined but targeted to specific poverty
and social parametres (including health indicators) groups. These may include schemes for
as well as physical conditions. Each state/union economic support, credit, pensions, insurance,
territory shall lay down the norms/criteria for etc., and services.
categorising an areas as under-serviced and the 3. De-listing
local body of each town shall list all such areas The urban local bodies should de-list those
as slums. settlements, which have been provided with a
2. Listing and Registration sustainable level of basic services, and where socio-
a) Comprehensive listing of slums/informal economic indicators have reached defined acceptable
231
norms. The ULBs may also consider prescribing a be designated as nodal agencies for initiating the process
certain period of time (two or three years) for of resolution of disputes. It will be obligatory for
providing basic services under any slum development ministries at the state and central level to participate in
Programmes after which, the area should be these negotiations. The Ministry of urban affairs and
reviewed for de-listing. employment will play a pro-active role in resolving
disputes on such lands owned by Union Ministries so
4. Classification of land status/tenability
that all basic services, development and resettlement
The land status of all listed slums/informal
and rehabilitation (R& R) activities can be negotiated
settlements should be classified by the ULB as either
more effectively. The MUAE may be empowered to
tenable or untenable in order to determine whether
act as an arbitrator between the central government
or not regular planned service provision will be
and local bodies concerning disputes over such lands
undertaken on an in-situ or re-settlement basis. All
(owned by union government.)
listed slums/informal settlements should be
considered as tenable unless the site falls strictly within b) Tenure on privately owned lands
the definition of untenability as expressed below: i) Land acquisition: All tenable settlements on
private land should be acquired unless the ULB
a) Definition of untenable slums/informal
decides to pass a resolution otherwise. All states
settlements: A site shall not be declared as untenable
should mak immediate provision to streamline
unless existence of human habitation on such sites
and simplify the procedure to ensure the speedy
entails undue risks to the safety or health or life of
acquisition of land for slums on private land
the residents themselves or where habitation on such
categorised as tenable. The land acquisition
sites is considered contrary to “ public interest”.
process should be completed within a maximum
The issue of whether a settlement’s existence is against period of six calendar months from the time
public interest shall be decided by the district of initiating the process.
magistrate in consultation with the ULB and technical
ii) Negotiated compensation: The acquisition of
experts, after giving full opportunity to the resident land from private Parties should be undertaken
community to express their views, in a public hearing. on a negotiated basis. All the stakeholders
The process of consultation and public hearing shall (residents, urban local bodies, public agencies,
be completed within three calendar months from others) may be invited to participate in the
the date of their initiation. negotiation to promote transparency and equity.
b) Definition of tenable slums/informal Funds earmarked from a tax/cess on vacant
settlements: All listed settlements that do not fall strictly lands should be drawn from the urban poverty
within the category identified above under untanable eradication and shelter fund (see para 12 c) to
situations shall be considered ‘tenable’, and thus provide compensation for acquiring private
eligible for in-situ upgrading ( subject to the settlement lands on which the slum settlements exist.
of ownership disputes on private land). monitored and supervised by the ULB with
community representatives. (Also see section 16
Granting of tenure on monitoring and evaluation).
a) Tenure on government owned land: Tenure
shall be granted to all residents on Translating these principles into action envisages:
Full, accurate and detailed baseline inventories of all
tenable sites owned or acquired by government. Full assets including livelihoods
property rights shall be granted on resettlement and/ Community mobilisation
or rehabilitation sites. Tenure shall be allotted in the Timing of the interventions to reduce dislocation
joint names of the head of household shall not be and discomfort especially during periods of inclement
precluded from having full tenure rights. Other forms weather
of tenure may also be considered, if desired by the Communication at all levels to ensure transparency
community. This may include: group tenure, collective Mobilising support of the local media to assist the process
tenure, co-operative tenure, etc. Co-ordination of multiple ministries and convergence
Conflict Resolution: On lands occupied by slums/ of various Programmes
informal settlements and owned by central, state and Participation of the host community at all stages of
local government bodies, municipal authorities are to the process

Granting land tenure rights urban developments. The IMDP will incorporate
Monitoring and evaluating existing plans and reflect schemes and budget
allocations as follows:
7. Planning for Integration:
a) Modify existing planning framework: All Master Plans land use plans and other statutory
existing planning instruments such as Master Plans, instruments
land use plans, etc., should be modified to ensure Urban development plans & schemes
that slums and informal settlements could be properly
Departmental plans & schemes in the ULB area
integrated into wider urban area. In order to achieve
this objective it will be necessary to: d) Dynamic multi-year planning: The IMDP
i) Ensure that all Master Plans and land use plans outlined in b) above should be undertaken as a
allow for high density, mixed use (for micro- dynamic process which will be updated and reviewed
enterprise) land occupation in all slums/informal every three years. The overall plan should then be
settlements. This will ensure that every ULB implemented through annual action plans and budget
designates sufficient and more appropriate allocation so that development work can be taken
(higher density lower cost) living and working up in a phased manner. These annual action plans
space for the poor within the urban area. should reflect plan priorities based on the level of
service deprivation or service gaps pertaining in the
ii) Master Plans and land use plans should also
wards and neighborhoods.
ensure that all new land development schemes
make sufficient provision for land to house low- e) Bottom-up planning: Planning should begin
income workers as required by such schemes. at the micro-level with each urban poor area drawing
iii) All plans and other regulatory instruments must up a list of existing services and identifying gaps and
provide sufficient flexibility to modify layouts deficiencies. The community using should undertake
and building regulations in line with more this activity participatory planning techniques and each
plan should include a clear prioritisation of needs
realistic density/mixed use requirements.
and an indication of different stakeholder
The powers to implement such changes outlined in i contributions towards costs. The ULBs will be
– iii above should be vested in the ULB within required to submit evidence of community
parametres laid down by state governments. participation in planning service provision.
b) Integrated Municipal Development Plan 8. Environmental Improvement
(IMDP): All ULBs should begin to work towards The provision of physical infrastructure components
the formulation of an integrated municipal such as water supply, drainage, sanitation, improved
development plan. The principle objective of this access, electricity, etc., should support the ultimate
plan is to ensure that the ULB has an adequate and objective of improve quality of life? The evidence from
sustainable level of infrastructure and services for all existing slum improvement projects clearly shows that
its residents and that such infrastructure and services an improved physical environment greatly facilitates the
are planned and delivered in an equitable manner. In integration of the settlement in the wider urban area
order to achieve this objective it will be necessary to and at the same time, contributes to improved livelihoods
and health and well being of the community.
identify the capital and recurrent requirements and
costs for the city as a whole (e.g. bulk water supply) a) Approach
as well as the specific wards and neighborhoods i. Community-based approach: All physical
within the city (secondary and tertiary water supply). upgrading and improvement in informal
The plan should prioritise ways and means of settlements should adopt a community-based
narrowing the gap between the better-serviced and approach with the active involvement of
less well-serviced (slums) areas of the ULB. members of the community at every stage of
design, implementation, and maintenance of
c) Convergence: The IMDP process assumes the services and assets. Community structures and
implementation of the 74 th Amendment and systems should reflect local conditions and
embodies the principle of convergence of activities preferences rather than confirm to any uniform
and funds to achieve more efficient and equitable pattern. Communities have an important role to
233 National Slum Policy (Draft) 2001

play at all stages of service delivery in terms of water supply delivery. Dual and standby systems, such
location of the service points, day-to-day as piped supply supported by local hand-pumps
functioning of the service and guarding against should be considered as a means of helping to
its misuse. Communities should be encouraged address these four factors.
to contribute land and resources to help establish
community centres and to promote the Even where individual water tap connections are
collection of user charges to contribute to the provided, it may be desirable to install hand-pumps
operation of certain services. or community storage facilities to offset poor
frequency of supply and inadequate storage capacity
ii. Target women and children: There is a need
at individual household level.
to target women and children directly in the
design and implementation of physical It is desirable that the collection of user charges and
infrastructure and the delivery of social and the maintenance of assets should be undertaken by
economic services. Infrastructure users, especially community groups on behalf of the ULBs.
the urban poor and women are central to the
sustainability of any investment decisions related II. Sanitation: The ULBs should avoid constructing
to infrastructure. community latrines within slum/informal settlements
as these quickly degenerate on account of poor
iii. Service delivery on individual household basis: operations and maintenance (O&M) thus becoming
Wherever possible, the delivery of basic services counter productive to public health. Where there is
such as water, sanitation and electricity should be insufficient space for individual sanitation options
provided on an individual household basis and (mostly where on-site disposal systems have to be
may even precede the granting of full tenure rights. adopted) group or cluster latrines with clearly
Individual connections will improve operations, demarcated and agreed household responsibility for
maintenance, and facilitate recovery of user O&M may be a suitable alternative option.
charges and thus improve the overall environment.
It is vital that any community wide sanitation
iv. Contracting – out: Wherever possible works progamme be preceded by an awareness campaign
should be undertaken by communities/CBOs designed to raise demand for the implementation
under appropriate supervision of the ULBs. of specific sanitation options. This would greatly
Such works must be done according to facilitate all subsequent O&M. Activities as would
departmental norms and procedures with proper also assist the process of raising financial contributions.
muster rolls maintained and other stipulations Many members of the community, especially male
to be observed. Services may also be contracted members, do not perceive sanitation, as a clear
out, where appropriate, to the NGOs and other priority need. This needs to be addressed before
private companies. Solid waste management has embarking upon the installation of sanitation.
already been successfully contracted-out by many Considering the limitations on improving sanitation
ULBs. Similarly, the maintenance of pay and use in many towns due to the absence of underground
toilets has also been contracted-out to the NGOs drainage and sewerage systems, low cost sanitation
and community - based organisations (CBOs). State options, particularly twin pit pour flush latrines may
enactments/procedures dealing with improvement be a more appropriate and cost effective option for
works should be modified to allow the slums duly keeping environmental safeguards in mind.
implementation of such works to be undertaken Efforts should be made to popularise and facilitate
on a contract basis by the community/CBOs. the introduction of such systems wherever
appropriate. The tenurial status and likelihood of a
b) Physical Infrastructure Development settlement getting relocated at some point in the future
The guiding principles and expected outcomes to should not deter promoting such systems since the
be kept in focus while planning and implementing benefits of such environmental improvement far
the following basic infrastructure and services are exceed the initial investment incurred.
outlined as:
III. Pedestrian and vehicular access ways: Paved
I. Water supply: Quantum, duration, timing and access for pedestrians and/or vehicles will greatly
water quality are the four critical factors in planning improve overall accessibility. Paved access will

encourages investment in the community and promote the city as a whole, thereby enhancing the overall
physical integration with neighbouring areas. It may productivity of the city. Various physical infrastructure
also help to improve social integration within and components such as water supply and sanitation have
between communities. Paved access will also greatly a direct bearing on improving health conditions in
facilitate the introduction of other related infrastructure slums. This section outlines a number of
such as storm water drains, underground drainage,
complementary services where ULBs should actively
water supply, electricity and collection/removal of
seek to improve access for the urban poor.
garbage. Paving would also help in maintaining a clean
environment and help reduce flooding and water a. Health Services
stagnation. Paved access ways also facilitates the use Wherever health services and national health
of such facilities for social activity, extension of Programmes have been devolved to city level
household activities and space for economic activity. following the 74th Amendment, ULBs must build
IV. Storm water drains: Drains in slums serve the health management capacities to improve service
dual purpose of carrying sullage water from delivery to the poor.
individual houses as well as draining storm water. It i) Participatory health delivery: All promotive,
is crucial to integrate the outfalls of such drains with preventive and curative health services for the
the city’s main drainage system. The planning of slum urban poor should be implemented on a
drainage should be fully integrated into the planning participatory basis with active community
of neighbouring systems as well as city as a whole. involvement and support. All required training and
V. Electricity: Individual house connections will basic infrastructure should be arranged through
greatly enhance the comfort and safety of living and convergence with departmental schemes.
working conditions for residents. The mere ii) Demand for health services: The community
provisions of street lighting without formal should be mobilised to create demand for better
household connections leads to illegal tapping and preventive health services and to access these
loss of revenue and at the same time causes services in a more effective manner. Hygiene
unplanned loading of the system and fire hazards. behaviour changes should be promoted as an
Community management systems for collection of integral part of the sanitation services outlined
user charges will facilitate improved revenue recovery in section 8 b) ii above. An emphasis should also
and reduce revenue losses. be placed on health education for STD/HIV
VI. Solid waste collection: Sustained awareness prevention, as well as measures to combat
campaigns and provision of waste collection alchoholism and violence. The ULBs should
receptacles will facilitate a cleaner environment. establish a network of community health
Urban local bodies could organise ‘clean slum workers/volunteers to facilitate this process
competitions’ and institute prizes to create more through health promotion activity.
awareness encourage the community groups to iii) Private sector partnerships: The ULBs may
maintain a clean environment within their localities. consider establishing formal partnerships with
At community level, management systems that private medical practioners to undertake the delivery
employ private sweepers by collecting monthly of curative services in slums Such partnerships could
charges may also be adopted. provide greater outreach of services at low cost.
9. Improving access to social services Traditional systems of medicine may also be used
Basic services of health, education and access to credit where this expertise is available.
are crucial for human capital development and reduce iv) Health insurance to widen the access to
the incidence of poverty. Improved access to social curative health care: The ULBs should
services would also held building up the capacities encourage communties to participate in health
of poor and empowering them to improve their insurance schemes in conjuction with the saving
own living conditions and quality of life. Effective and credit society component of the Swarna
delivery of these services would also reduce social Jayanti Shahari Rozgar Yojana (SJSRY) scheme
inequities and promote integration of people residing and any other scheme for widening access to
in slums into the social and economic networks of curative health care.

b) Education: 6. Day crèche facilities: The ULBs should make
Attention and efforts should be focused on increasing provision for establishing day crèche facilities in all
the school enrollment at primary level, reducing slums to enable women to participate more fully in
school drop-out rates particularly for girls and the labour market. Community halls may be used
supplementing formal school education with for such purposes and parents may be encouraged
coaching assistance to assist slum children join the to contribute to the cost of running and maintaining
schooling system. The following specific measures such facilities.
will facilitate this process:
C) Child labour and child rights
1. Primary education: The ULBs should identify The ULBs should be active partners in the
all informal settlements that are inadequately served implementation of the international convention on
with pre-school and primary school facilities. Funds child rights and should ensure that every child has
should then be made available under the NSDP and access to a sufficient range of education and
other departmental Programmes to address this vocational training. At the same time, the ULBs
problem on a priority basis with the most should discourage child labour through the
underserviced areas receiving priority assistance. Multi implementation of penalties and fines and the
purpose community centre (MPCC) may also be withdrawal of licenses for employers found to be
used for primary education where necessary. using child labour without proper provision for
2. Pre-schools and non-formal education: The education or training.
ULBs should actively promote pre-school/crèche D) The Public Distribution System
facilities and non-formal edcuation focusing on State Governments and the ULBs may consider
literacy and vocational training. The MPCC may be granting community development societies licences to
used for pre-schools/crèches facilities, non-formal operate fair price shops where such societies have been
education classes, adult education, recreation activities, set up and are seen to be running effectively. This will
etc. It is to be emphasised that community have the dual effect of strengthening the CDS structure
management and control on the use of community and maximising public satisfaction and welfare.
centres is desirable to avoid misuse of this facility.
10. Municipal services to be brought under
3. Community management in education: Consumer Protection Act
Mobilising the community and use of resource
It will be desirable to bring Municipal Services under
persons from within the community to supervise
the Consumer Protection Act to monitor quality and
and monitor the educational activity would greatly
enhance the delivery of this service. Contributions reliability of basic infrastructure services delivered at
by way of space and building would build stakes of settlement level. This should be uniformly applied
the community in the process of creating awareness irrespectively of tenure and land status of the
and demand for this service. settlement, with a specific mandatge to monitor
absolute levels of service coverage and differential
4. Education incentive scheme: Innovative
levels of service availability throughout the ULB area.
incentive schemes may be establised for those
communities that show good performance in It is recommended that a special consumer panel be
improving school attendance particularly in relation established in each municipality comprising members
to the female child in both the formal and non- from different settlement categories (in proportion
formal systems. to their total number in the population) with authority
to report to the council.
5. Literacy: A strong emphasis should be placed
on developing literacy skills especially for women 11. Economic empowerment
and children. The ULB should ensure that all slum a) Financial services for the poor
development schemes are properly integrated into The poor primarily require mechanisms that will
state and national literacy initiatives and campaigns. encourage savings for small jump sums that can be
Community halls and other public spaces may be used for a variety of consumption (including
used for holding literacy classes. The NGOs wishing emergency) and production purposes. These
to participate in literacy schemes for slum dwellers mechanisms can also be used for credit purposes
should be given access to such halls and other facilities. based on group (solidarity) lending principles, which

involve incremental borrowing against social Providing improved access to raw materials and
collateral (peer pressure). Such approaches have been marketing support
seen to be far more successful ways of providing Legal rights and redressal systems
the poor with convenient access to credit on a
sustainable basis (good internal discipline and low It would be desirable for the ULB to involve the
rates of default than many of the subsidised schemes private sector in such initiatives wherever possible.
run by the government which suffer from low levels 12. Financing sustainable slum improvement &
of credit discipline, poor rates of repayment and service
high levels of leakage. The savings and credit groups a) Resource mobilisation: Positive and proactive
can be further strengthened and supported through interventions for enlarging the resource base shall include
networking of such groups with each other to form a series of initiatives at Central/State/local levels:
a federated structure that may also access formal i) State financing: A slum development fund
sources of credit. the (SDF) should be created at state level to
support slum development activities taken up
The ULBs should identify organisations with the expertise
by the ULBs. The SDF shall include:
in-group based savings and credit to promote financial
service initiatives in slums wherever possible. The ULB Contribution from central devolution of
may also wish to consider using such organisations and funds from the Planning Commission and
methodologies to implement government sponsored as earmarked by the Central Finance
Commission.
credit schemes such as SJSRY. To facilitate this process,
it is recommended to create an apex body of saving Bilateral/ Multi-lateral funding (directly to
and credit groups at city and state level. Possibility to the SDF or town specific)
enlarge the saving and credit services by contracting out Contribution from states own revenue
to authorised financial intermediaries in the private sector resources
shall also be explored. ii) Municipal Convergence Funding: At
Municipal level a variety of sources of funds
The guiding principles for organising savings and
could be converged to finance slum
credit groups shall include: The group to identify its
developments as indicated in each ULB’s
own members, help develop their own rules and Integrated municipal development plan and
regulations, encourage them to take decisions in terms annual action plan. These sources may include:
of money to be saved, periodicity of savings, the
Transfers from the state slum development fund
purpose for which the money can be lent, amount
to be lent, interest rates to be charged, repayment Private contributions (with tax concessions)
period etc. Any imposition or interference in this from business, industry and trade
process will promote dependency and affect their Contribution from other domestic donors
confidence levels in terms of taking decisions and Contributions form the shelter fund to
implementing the activities. The organisers of the finance shelter needs in slums
community should also help people to acquire Matching contributions from community
capacities in terms of maintenance of accounts, resource through the CDSs
monitoring savings and loan Programmes etc., to Revenues from a Vacant Land tax
ensure that the discipline is established and sustained.
Special cess on new layouts (for slum
b) Economic support/ enterprise development development)
Revenues from any other taxes/cess or
There is a need for the ULBs to support interventions
service charges
designed to address livelihood needs of the urban
poor. This will include: ULB priority sector allocations under the
category of the SC/ST/BC
The provision of vocational training facilities Contributions from the general municipal
Implementation of savings and credit schemes fund as decided by the ULB
for self-employment Percentage contribution from the MPs/
Addressing constraints in the labour market MLAs Councillors funds.

iii) Role of the Private Sector: It may be desirable tax (as part of property tax family) on properties
to leverage additional resources for slum located in slums (tenable and untentable) should be
improvement by involving the private sector in certain levied to raise resources from the users. Similarly, other
projects which will utilise revenues from the land based taxes on specific developments such as
commercial development of high value inner city illegal sub-division (regularised-unauthorised) should
slums for resettlement and rehabilitation schemes be applied to recover costs on the basis of paying
which will result in bringing about a substantial capacities and used to cross-subsidise the development
improvement in the physical, economic and social of the slums. These could include:
quality of life of slum dwellers. Betterment Levy
Any private sector development scheme must strictly Valorisation
comply with state resettlement and rehabilitation Exactions
guidelines and must be approved by the ULB after
full consultation with the community. Only those Impact fees
schemes which will cover the full cost of R&R and The levying of such taxes may require the
associated services (transportation, communication, modification of state municipal Acts.
etc.,) should be considered by the ULB. The ULB
must satisfy itself that any land development and R&R vii) User charges: At the administrative and political
scheme will produce a clear win/win situation for all level any unwillingness to charge for services delivered
Parties but most particularly for the slum community. should be discouraged. The standard and
effectiveness of service delivery can only be
Construction Programmes by government agencies improved if sufficient funds are recovered from the
tend to have excessive time and cost overruns. To operation of services. ULBs may consider cross-
avoid this and provide greater accountability and subsidy from user charges where appropriate. It may
competitiveness such projects would be best assigned be important to utilise the services of private agencies
to the private sector. and the CBOs in the process.
iv) Private sector funding: The contribution of viii) Community cost sharing: Slum improvement
slum dwellers in helping to maintain the productivity projects should encourage contributions from the
of local business, industry and trade is substantial. community right from the beginning as a means of
ULBs should take initiatives to mobilise resources sharing costs and extending works from the stage
from the private sector either for the adoption of of prioritising/inclusion of slums for service delivery
specific development works at the slum level in to further stages of assessment of needs and
accordance with the priorities identified in the demands followed by planning and implementation.
municipal slum development plan (MSDP) and The cost sharing approach enhances, commitment
annual action plans (see Section 7 above) or through and self-reliance.
direct contributions to the ULB convergence fund. ix) Selling of land title: The ULBs may consider
State governments and the ULBs may consider selling of title on an installment basis as a means of
introducing fiscal incentives such as tax exemptions, raising capital for upgrading and improvement as
etc., as incentives to mobilising contributions. also to meet the expenses for operations and
maintenance. Regularisation and grant of tenure
v) Institutional finance: The ULBs may also should be linked with (a) loans to beneficiaries for
consider other means of attracting capital for meeting the costs (partially) on infrastructure
investment in city and slum infrastructure such as provision, and (b) mobilisation of community
raising bonds and institutional loan finance. A resources (as done under Madras urban development
refinancing scheme may be extending (in line with project – MUDP). In this regard community/
the NHB refinancing) to facilitate city governments collective collateral may be used as security to finance
to raise funds from identified commercial banks. subsequent provision of infrastructure.
vi) Extending tax base: The slum areas, particularly 13. Improving creditworthiness of the slum dwellers
those which have been provided with services should Improving slum dwellers creditworthiness will help
be de-notified (refer to earlier point 3) and brought in accelerating the flow of private funds for slum
under the net of municipal taxes. A consolidated service development especially if this results in the coverage

of the large group of ineligible households under Some specific suggestions to reduce and rationalise the
formal financing schemes. This would not only inherent subsidies may include the following measures:
provide an additional flow funds for shelter and other
infrastructure but would also have the additional Reforming subsidies
benefit of ensuring greater Programmes ownership, - Provision of individual household services such
sustainability and effectiveness. Making slum dweller as water supply, electricity and sanitation would
creditworthy, establishing funding mechanism with facilitate recovery of user charges and wherever
these services are to be subsidised they can be
transparent subsidy arrangements and innovations are
quantified and used judiciously.
important issues, which require policy interventions.
The nature of financial intermediation should be such - Subsidies could be more clearly focussed on
that it encourages suitable local financial institutions specific components such as roads, drains and
to work alongside the ULBs (e.g. SEWA Bank). other social infrastructure facilities such as pre-
school provision, nutrition Programmes to
a) Making slum dwellers creditworthy: Savings children and pregnant women, managing
and credit at the group level (see section 11 a) with primary health care centre and a host of such
upward linkages to formal sector finance will have a other related activities of common benefit or
substantial impact on overall slum development and benefiting specific individuals or groups.
urban poverty alleviation. - Subsidies should be discouraged in employed
generation schemes, economic support
- Financial discipline: This process would require
Programmes, and housing/shelter upgradation.
support for establishing grass roots financial Here access to affordable and efficient loans will
discipline and group capacity building which could be more important.
be undertaken by specialist savings and credit
organisation. Financial institutions should also be 14. Strengthening municipal gover nance and
allowed to cover the non-eligible segment through management
acceptance of community and collective in line a) Urban governance: The nature of urban
with the HUDCO scheme for the NGOs. governance has import implications for national slum
development policy, which requires the adoption of
- Social collateral: Institutional mechanisms
should be evolved in line with the community new approaches to urban management and urban
development societies (CDS) system to mobilise poverty alleviation. Urban governance should be
community-based resources to be linked as defined as the relationship between civil society and
collateral to extend institutional loans. the municipality/ ULB. This implies a shift, away
from a perspective that defines infrastructure and
b) Rational use of subsidies: Subsidies in slum services provision as exclusive concerns of
improvement programmes have become an all- government, to a new perspective that acknowledge
encompassing feature firmly based on a welfare state the potential role, responsibility and impact of civil
approach. Even though subsidies for genuinely poor society. Civil society groups include: civic association,
households are inevitable as a means of fulfilling their
community groups, women’s groups, social
access to basic shelter and services, it has become
movements, non-governmental organisations,
imperative to make a shift towards establishing more
community based organisations, private sector, etc.
sustainable financing mechanisms with the participation
of the users to bring about desired change. These groups already play a significant role in areas
such as housing development, sale and rental of land,
- Firstly, this shift could be facilitated by transportation and enterprise.
quantifying/making explicit the quantum of
subsidies and also making them more transparent. The 74th Constitutional Amendment Act shall form
the basis for converging new partnerships and creating
- Subsidies can also be used as security to leverage
an environment wherein the urban local body, as the
more funds for slum development.
city government will have the prime responsibility as
- Subsidies could be rotated as revolving funds a coordinator. One of the important features of the
rather than being simple one-time grants. 74 th Amendment is the Constitution of ward
- Subsidies could be used as partial captive recovery committees, which should be extended to cover local
as has been done in some of the housing projects. bodies of all sizes. In particular community structures

of the poor should nominate ward committee application of double entry accounting,
members rather than the political parties. reporting and recording formats and
timely auditing.
In keeping with the spirit of the 74th Constitutional - Borrowing and debt. management –
Amendment, the activities, which are hitherto updating of debt register and optimum
performed by the state level agencies like Slum clearance recovery from assets created by debt.
board, housing board etc., needs to be operated through - Automation – asset, receivable, payable
the local body. Till such time the institutinal restructuring accounting, budgeting.
is not full accomplished, the local body in each town - Property tax reforms
shall mandatorily be consulted and shall guide all activities - Public private partnerships.
of such state level agencies particularly with regard to
iii. Human resource development: Human
provision of amenities and services.
resource management and development shall
b) Capacity building: A series of capacity building cover the promotion of specific cadre under
initiatives should be promoted to enable ULBs to community development cell within ULB
effectively carry out slum development in accordance to prepare, implement and monitor IMDP
with the National slum development policy. This should at town level. The deployment of cadre at
include skill development, financial administration and the ULB level shall be for a minimum
management and human resource development. prescribed period so as to have continuity
i. Skill development shall be taken up under a three in the slum development activity.
tier training strategy covering: iv. Multi-lateral and bilateral Cooperation
- Seminars for senior level functionaries (both should be promoted to have financial and
officials and elected representatives). technical support to carry out capacity
- Mid carrier training at decentralised locations building and develop a backup of research,
evaluation and impact assessment studies for
- On-the-job training. dissemination in a wider context of skill
development. This should be taken up by
Skill areas direct contribution to slum development
- Listing of slums and identification of eligible funds as well as implementation of
households demonstration projects.
- Classification of Slums
- Assessment of overall requirements for slum c) Partnerships: In order to realise the above-
development in the town and preparation suggested changes, it will be necessary to consider
of the IMDP. practical ways of developing partnerships with civil
- Mobilisation of the slum community in a society groups for the improvement of informal
three-tire structure in line with the CDS. settlements. Partnerships need to be institutionalised
- Preparation of annual action/Investment plans. and not person-based. For achieving this, there is
- Development of projects for in-situ need to create a mandate for partnerships and
development and resettlement of slums. recognise capacity building as a thrust area in
- Identification of modes and modalities to programmes with definite budgets and plans. The
involve Private Sector, NGOs, etc., in the capacity building should be applicable across the
implementation of the IMDP. board to communities, officials, the NGOs, non-
officials (elected representatives) and all stakeholders.
ii. Financial Management: This component will
be essential to the implementation of Partnership principles: Important guiding
improved financing of slum development. It principles for partnership development shall include:
will be necessary to build financial management i) widening the base to include a wide variety of
capacity in a number of areas such as: community organisations like youth groups,
- Asset management – development of Mahila Mandals, saving and credit groups,
inventory, classification, valuation, assesment association of interest groups/trades etc; and
of returns and mobilisation strategy. give the interlinking responsibility to the
- Financial planning – normative community development unit;
budgeting and investment planning. ii) the nature of financial intermediation should be
- Accounting and internal control – such that, it facilitates creation of community

based financial institutions suitable to local needs a) Land for affordable housing: This can be
and situations; facilitated by modifying planning legislation and
iii) Women should share decision-making with the planning instruments (Master Plans, etc.), as indicated
local body, so as to learn to do the same on their in Section 7, to regularise the concept of high density,
own when they become more active as members mixed use occupation for slum areas. This will have
or managers in the local CBOs. the effect of helping to keep costs down and ensure
that the market for land in slum areas will be
iv) Invest in capacity building in respect of various
determined by high density, low income characteristics
activities and ensure dovetailing of training with
and not subject to widespread commercial
the activity itself; for instance balwadi teachers may
speculation as elsewhere in the urban area.
require skill training and encouragement for the
innovative use of using local materials and b) Security of tenure: The lack of security of
models in the day-to-day teaching activity; tenure is one of the major reasons why poor
v) The CBOs must have a choice to select from a households are unable or unwilling to engage in
range of technical or professional expertise in shelter upgradation. The possible of future eviction
legal, infrastructure, sanitation and other aspects and or resettlement is a distinct disincentive to
with local body assistance. investing private money for improved dwellings. At
the same time, without proper tenure and thus
vi) Develop flexible instruments to facilitate collateral, households are unable to access formal
infrastructure development to be demand driven sources of loan finance for housing. This policy is
and evolving. designed the issue of improving land tenure for the
d) Community development: To give a focus and poor through the new provisions laid out for granting
direction for establishing partnerships arrangements, of tenure (see Section 5 above). These provisions
in particular between the communities and the will expedite the process of obtaining greater security
of tenure for all slum dwellers on government land
departments of the local body, a nucleus of
categorised as tenable and will also speed up and
community development unit has to be established
improve the process of land acquisition and
in each and every local body. This unit should take a
negotiated compensation on tenable settlements on
lead role in converging all activities of slum
private land by adopting innovative methods such
development through community organisations, the
as land sharing arrangements and increased FSI/FAR
NGOs and other civil society actors. by way of compensation.
15. Shelter upgradation c) Rationalisation of norms and standards:
This section of the slum policy is intended to Whilst making endeavours to formalise and regularise
emphasise the fundamental importance of the concept of higher density, mixed use occupation
empowering and enabling the urban poor to fulfil of land in existing slum areas, certain minimum
their own housing needs just like other city dwellers norms governing dwelling space should be specified
by facilitating access to serviced land, home loan by each the state/ULB. Such norms and standards
financing and other technical and institutional support. should be redefined so as to allow for high density,
Given the magnitude of urban poverty and the low cost housing units with provision for adequate
availability of public funds is neither practical nor access, ventilation, light, safety and privacy. Provision
desirable to provide free housing for all the urban for a range of plot/house options to accommodate
poor, especially since this would undermine the varying needs would be desirable.
inherent capacity of most slum dwellers to provide d) Creative incremental unit design and layout
for their own shelter needs within an enabling policy patterns: Innovative designs and layout patterns such
framework. Consequently, this policy is committed as cluster planning (see Indian Standards:
to a shelter upgradation approach that will enable,
Requirements of Clusters Planning for Housing –
support and extend individual and community
Guide; IS 13727: 1993) which maximise the use of
initiatives for housing provision.
common open spaces are to be encouraged. There
This policy envisages the primary role of the ULB in should be flexibility for dwelling units to expand
shelter upgradation as one of addressing and incrementally in keeping with a family’s changing
resolving the following critical bottlenecks: requirements and economic situation.

e) Community participation: Participatory projects. Project management services to prepare
approaches to housing design and alternatives for feasibility reports and other project documents are an
housing improvement and development both in-situ important service that needs to be strengthened. The
and in resettlement areas should be evolved through individual members, community groups, the NGOs
a process of dialogue. A range of supporting and even some of the government/semi-government
measures to facilitate more effective participation in agencies often feel demand for such services.
shelter upgradation might include: g) Financing shelter upgradation: Given the absence
i) Improved market information: This is required of long term (mortgage) finance for low income
to bridge the gap in information about market housing, this policy encourages states and the ULBs
condition in terms of availability and prices of to seek new ways to financing shelter for the urban
both land and housing. Compiling systematic poor. This may include:
information and exchanging the same will be i. Creation of a evolving shelter fund: This fund
useful to both potential buyers and seller should be created from the current minimum
(including private and public agency) and will 10percent allocation of the NSDP funds
ultimately lead to market efficiencies. earmarked for housing. This revolving fund
ii) Cost effective technology: Technical assistance should be linked to community savings and credit
is required to enable households to have access to initiatives with appropriate safeguards. This
better technology and materials at cheaper prices would then provide immediate cash injection into
through better information, design advice as well a new system of informal housing loans
as a better assessment of costs of shelter operated on group/solidarity lending principles.
upgradation and provision of household level Such monies would be far more accessible to
basic services. Local and outside experts can be the poor households than the present system of
invited to build this capacity. Establishing housing institutional finance.
guidance centres and utilising the existing building ii. Partnership with savings and credit societies:
centre network is recommended for this purpose. The ULBs may consider placing such funds with
iii) Legal services: Legal services are required for a savings and credit organisation capable of
determining the status of different housing supporting group based approaches in an
options and land parcels. The need for reliable effective manner.
and affordable legal services is substantial. The iii. Leveraging additional funds: An apex body
main legal services that the ULBs should make
of savings and credit groups at city and possibly
available to the community would relate to
even state level may then provide funds to lending
information on planning laws, building
institutions at neighbourhood/area level which
regulations and bye-laws. In particular, this would
are capable of promoting sustainable housing
consist of making communities more aware of
finance on the basis of innovative loan repayment
the modified planning laws and redefined house
mechanisms with low default rates. This will entail
plot/building norms and standards.
providing training to borrowers, supporting
iv) Training, documentation and advocacy: The group savings and lending, peer monitoring and
concept of “Housing Clinics” where practical the establishment of flexible repayment
training is imparted to grassroots leaders is schedules/installments. Such lending institutions
recommended to enable them to act as key should leverage additional finance for housing
sources of information in relation to points i-iv finance from formal banking institutions.
above. Documentation support like training
iv. Loans and guarantees: In addition to
materials, pamphlets and booklets to support
supporting group savings and lending
the training efforts in housing clinics is necessary. mechanisms cash loan facility will be established
f) Project planning and management: All to enable poor residents to access to housing
potential housing development schemes need to be finance with government guarantees.
undertaken on a project basis. This would facilitate v. Innovative lending methods: Increased access to
identifying the opportunities that exist and also identify institutional funds for housing would be facilitated
and mobilise opportunities for developing fundable by a combination of the following measures:

Better targeting of groups and individuals Programmes and projects for implementation of
who can establish their creditworthiness this policy should include firm arrangements for
through participation in savings and credit monitoring not only during implementation but also
groups after that to be sure of the result of how the situation
develops after each strategic intervention. Monitoring
Utilising subsidies as security against loans
may render essential information and highlight the
Institutional interventions through local necessity to adjust the strategic interventions under
bodies and other government departments the slum policy and its different Programmes to meet
which agree to take up housing development the stated objectives. Adequate provisions shall be
on their own land. needed for monitoring and evaluation of the various
slum policies and programmes.
vi) Targeting the EWS/ LIG housing schemes:
The EWS and LIG housing schemes should be A common management information system in
targeted at registered slum dwellers. In-situ respect of each of the identified activity shall have
upgradation should be given priority within such to be developed and put into place to be
schemes. implemented for effective follow up actions so that
field functionaries of the concerned departments, at
vii) Private sector participation: It is imperative that
the state and local levels report and fill up same set
the housing stock for poorer families be increased.
of forms at the grassroots level.
This policy advocates exploring ways of achieving
this objective. Existing land owners, the NGOs or Provision should also be made to ensure participation
CBOs, for example, may be encouraged to of the community in monitoring and to use the
undertake upgrading as per norms and standards response as a constructive resource for improvement.
defined provided that any increase in house values Feedback of the community is considered the best
and rents be formally agreed with the community yardstick to assess the general satisfaction with any
and the ULB prior to works being undertaken. slum Programme or project. Participatory
monitoring can be achieved through including
16. Monitoring and Evaluation (M&E) community representatives in the monitoring team,
The M&E is a tool for effective objectives-oriented regularly consulting key-person in the community or
management of development projects and Programmes regular surveys among those covered under different
aimed at benefiting the poor and disadvantaged groups. projects programmes.
In order to find out the extent to which the Programmes
For all slum development projects specially relating to
and projects of each strategic intervention under the
resettlement and rehabilitation an extensive ex-post
National Slum Policy are being implemented and
evaluation of the project should be made a clear part
whether defined policy objectives are being achieved, a
of the project. The project completion report should
system of monitoring and evaluation shall have to be
evaluate the outcome of relocation and its impact on
established at different levels of government with the
the beneficiaries/resettled households for their standard
department of urban employment and poverty
of living. Results appearing from evaluations may be
alleviation, ministry of urban affairs and employment,
crucial information for the planning/implementation
Government of India at the apex level.
of other such projects within the city or state as well
A well-defined monitoring and evaluation as out-side the state. The information is also essential
framework should be developed for every essential to build up experience. It is necessary for the ULBs to
strategic intervention by utilising different conduct ex-post evaluations at different time intervals
performance indicators to evaluate and assess the (say, after one year and five years) since some impacts
changes that take place as a result of implementing are only recognisable after considerable time. Of the
the Programme and project under this policy. It is Parties affectted by the implementation of such
also considered essential to ensure that the monitoring projects, those interested in evaluation should be the
systems provide feedback for further developing and state Governments, the ULBs, affected residents,
improving this policy framework and that a learning affected business, The CBOs and NGOs of these,
process takes place so that implementation and NGOs may be considered for a leading role for
management of various slum development evaluations while the ULBs may play the leading role
Programmes and projects can be improved in future. in implementation and monitoring of all such projects.

Monitoring and evaluation teams should be staffed with legislative frameworks and other necessary actions
multi-disciplinary background with economic, achieve conformity with the National Slum Policy.
sociological, anthropological and technical expertise
2. All states that have not formulated a slum Act
including specialists on gender aspects. The evaluation
should consider formulating and notifying an
teams need the credibility that their findings will be taken
Act, which reflects the current policy principles
seriously, and the ability to communicate that will make
and guidelines.
their findings effective in improving performance.
3. It is essential that the States re-examine the
Monitoring and evaluation of resettlement projects
implementation of the relevant sections of the Slum
should also be linked into the overall monitoring process
Act with a view to ensuring that the land acquisition
of the ‘push’ projects (projects which pressurise
procedures in respect of slum and informal
resettlement for other use of the land in public interest).
settlements are simplified to ensure the speedy
A well functioning monitoring and evaluation system resolution of disputes and negotiations and that
is the best insurance that various interventions under the proceedings should not last longer that a period
this policy will be implemented and that there will of six calendar months from initiation.
be learning process. Much of the slum development
4. States should take immediate action to ensure
is still “trial-and-error”. The M&E, therefore, as an
that all laws relating to encroachments on
aid to the learning process must be seen as an integral
government land are revised and modified in
part of projects and Programmes of slum
the light of the National Slum Policy.
development and is essential to build up the
institutional capacity that is necessary to manage the 5. States should take immediate action to compile
slum problem on a sustainable basis in our cities. clear guidelines on resettlement and rehabilitation
(R&R) in accordance with the principles laid
Monitoring and evaluation – action points
down in Section C.6
Each intervention, programme or project under this policy
shall need a monitoring and evaluation mechanism. Based 6. States should identify the main training and capacity
on the guiding principles given above, key points necessary building requirements for the efficient
to design and build effective monitoring and evaluation into implementation of the National Slum Policy and
the various projects of strategic interventions for achieving devise a programme of action to address skill
the objectives of the National Slum Policy are given as under: gaps and needs.
Monitoring and evaluation should be built into every 7. The ULBs must compile a comprehensive list
Programme and its management from the beginning of all slums/informal settlements in the urban
in terms of clear responsibility and budgets. area within a period of one calendar year from
Ensure that procedures and conditions are connected the announcement of this Policy and must
to the results of monitoring and evaluation. establish a system for the on-going registration
Try to ensure that monitoring and credible bodies and issuing of identity cards for all urban poor
carry out evaluation. These may include both the households regardless of their current tenurial
communities’ affected themselves and status in accordance with Section C.2
independent third Parties. 8. The ULBs must ensure that the land status of all
Monitoring and evaluation should allow both listed slums/informal settlements is classified as either
immediate feedback to action and more tenable or untenable strictly according to the
considered reflection and response. definition outlined in this Policy in Section C.4
Monitoring should be frequent in the early stages, 9. Wherever slums/informal settlements are classified as
but requires follow up over an extended period tenable, the ULB must facilitate the granting of tenure
until the desired and acceptable levels of project on all government occupied land and initiate acquisition
programme objectives are achieved. proceedings and/or negotiations on all privately
d. Immediate steps required occupied land in accordance with section C.5
1. All state governments should establish a working 10. The ULBs should take necessary action to formulate
group to ensure that institutional arrangements, an integrated municipal development plan which will

coverage all development activities and resources to structures and systems for ensuring community
provide a clear picture of the different levels of participation in environmental improvement, social
infrastructure and services in the ULB area and the development and economic development for the
relative gap or deficiency in infrastructure and services urban poor.
between the better serviced and under serviced
wards and neighbourhoods. As a priority the IMDP 13. The ULBs must take immediate action to identify
should then propose actions and financial allocations specific financial resources that may be converged
to reduce this gap as far as possible in accordance for slum development in accordance with Section
with Section C.7 of the Policy. C.12 of this Policy.
11. The ULBs should also take action to modify their bye- 14. The ULBs should identify any competent
laws and building regulations so as to facilitate the organisations/agencies with expertise in group
implementation of the National Slum Policy Section C.7 savings and credit schemes that would be able to
work in the ULB area to promote financial services
12. The ULBs should implement slum development and
for the poor including the operation of a revolving
urban poverty Programmes in conformity with this
shelter fund using the minimum 10percent housing
National Slum Policy emphasising the principle of
allocation under the NSDP.
community participation in all aspects of policy
implementation. Each ULB must establish concrete

Annexure - XII
The Urban Land (Ceiling & Regulation) Act, 1976

[Act number 33 of 1976]
[February 17, 1976]
Statement of objects and reasons (ii) acquisition of the excess vacant land by the state
There has been a demand for imposing a ceiling on urban government with powers to dispose of the vacant
property also, especially after the imposition of a ceiling on land to subserve the common good;
agricultural lands by the state governments. With the growth
of population and increasing urbanisation, a need for orderly (iii) payment of an amount for the acquisition of the
development of urban areas has also been felt. It is, therefore, excess vacant land, in cash and in bonds;
considered necessary to take measures for exercising social (iv) granting exemptions in respect of certain specific
control over the scarce resource of urban land with a view categories of vacant land;
to ensuring its equitable distribution amongst the various
sections of society and also avoiding speculative (v) regulating the transfer of vacant land within the
transactions relating to land in urban agglomerations. ceiling limit;
With a view to ensuring uniformity in approach (vi) regulating the transfer of urban or urbanisable land
Government of India addressed the state governments with any building (whether constructed before or
in this regard; eleven states have so far passed resolutions after the commencement of the proposed
under Article 252(1) of the Constitution empowering legislation) for a period of 10 years from the
Parliament to undertake legislation in this behalf. The commencement of the legislation or the
present proposal is to enact a parliamentary legislation in construction of the building, whichever is later;
pursuance of these resolutions.
(vii) restricting the plinth area for construction of future
The Bill is intended to achieve the following residential buildings: and
objectives:
(i) to prevent concentration of urban property in the (viii) other procedural and miscellaneous matters.
hands of a few persons and speculation and Preamble
profiteerings therein; An Act to provide for the imposition of a ceiling on
(ii) to bring about socialisation of urban land in urban vacant land in urban agglomerations, for the acquisition
agglomerations to subserve the common good by of such land in excess of the ceiling limit, to regulate the
ensuring its equitable distribution; construction of buildings on such land and for matters
connected therewith, with a view to preventing he
(iii) to discourage construction of luxury housing
concentration of urban land in the hands of a few persons
leading to conspicuous consumption of scarce and speculation and profiteering therein and with a view
building materials and to ensure the equitable to bringing about an equitable distribution of land in
utilisation of such materials; and urban agglomerations to subserve the common good.
(iv) to secure orderly urbanisation.
WHEREAS it is expedient to provide for the imposition
The Bill mainly provides for the following: of a ceiling on vacant land in urban agglomerations, for
(i) imposition of ceiling on both ownership and the acquisition of such land in excess of the ceiling limit, to
possession of vacant land in urban agglomerations, regulate the construction of buildings on such land and
the ceiling being on a graded basis according to the for matters connected therewith, with a view to preventing
classification of the urban agglomeration; the concentration of urban land in the hands of a few

persons and speculation and profiteering herein and with Land (Ceiling and Regulation) Bill, 1976 in Parliament;
a view to bringing about an equitable distribution of land and
in urban agglomerations to subserve the common good;
(ii) in relation to any state which adopts this Act under
AND WHEREAS Parliament has no power to make laws clause (1) of Article 252 of the Constitution, the date
for the states with respect to the matters aforesaid except of such adoption;
as provided in Articles 249 and 250 of the Constitution; (b) “building regulations” means the regulations
AND WHEREAS in pursuance of clause (1) of Article contained in the Master Plan, or the law in force
252 of the Constitution resolutions have been passed by governing the construction of buildings;
all the Houses of the Legislatures of the States of Andhra (c) “ceiling limit” means the ceiling limit specified in
Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, section 4;
Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and
West Bengal that the matters aforesaid should be regulated (d) “competent authority” means any person or authority
in those states by Parliament by law; authorised by the state government, by notification
in the official gazette, to perform the functions of
BE it enacted by Parliament in the twenty-seventh year the competent authority under this Act for such area
of the Republic of India as follows: as may be specified in the notification and different
persons or authorities may he authorised to perform
Chapter- I different functions;
Preliminary
1. Short title, application and commencement (e) “dwelling unit”, in relation to a building or a portion
of a builiding, means a unit of accommodation, in
(1) This Act may be called The Urban (Ceiling and
such building or portion, used solely for the purpose
Regulation) Act, 1976.
of residence;
(2) It applies in the first instance to the whole of the
(f) “family” in relation to a person, means the individual,
states of Andhra Pradesh, Gujarat, Haryana the wife or husband, as the case may be, of such
Himachal Pradesh, Karnataka, Maharashtra, individual and their unmarried minor children.
Orissa, Punjab, Tripura, Uttar Pradesh and West
Bengal and to all the union territories and it shall Explanation: For the purpose of this clause,
also apply to such other state which adopts this “minor” means a person who has not completed
Act by resolution passed in that behalf under his or her age of eighteen years;
clause (1) of Article 252 of the Constitution. (g) “land appurtenant”, in relation to any building,
(3) It shall come into force in the states of Andhra means—
Pradesh, Gujarat, Haryana, Himachal Pradesh (i) in an area where there are building regulations,
Karnataka, Maharashtra, Orissa, Punjab, Tripura, the minimum extent of land required under such
Uttar Pradesh and West Bengal and in the union regulations to be kept as open space for the
territories at once and in any other state which enjoyment of such building, which in no case
adopts this Act under clause (1) of Article 252 shall exceed five hundred square metres, or
of the Constitution, on the date of such
adoption and, save as otherwise provided in this (ii) in an area where there are no building regulations,
Act, any reference this Act to the commencement an extent of five hundred square metres
of this Act shall, in relation to any state or union contiguous to the land occupied by such building.
territory, mean the (sic) on which this Act comes and includes, in the case of any building
into force in such state or union territory. constructed before the appointed day with a
dwelling unit therein, an additional extent not
Chapter II: Definitions exceeding five hundred square metres of land,
2. Definitions if any, contiguous to the minimum extent
In this Act, unless the context otherwise requires—
referred to in sub-clause (i) or the extent referred
(a) “appointed day” means,— to in sub-clause (ii), as the case may be;
(i) in relation to any state to which this Act applies in the Master Plan in relation to an area within an urban
first instance, the date of introduction of the Urban agglomeration or any part thereof, means the plan
247 The Urban Land Ceiling Act

(by whatever name called) prepared under any law so declared shall be deemed to belong to
for the time being in force or in pursuance of an category D in that schedule and the peripheral
order made by the state government for the area therefore shall be one kilometre;
development of such area or part thereof and
(B) in relation to any other state or union territory,
providing for the stages by which such development
means any area which the state government may, with
shall be carried out;
the previous approval of the central government,
(i) “person” includes an individual, a family, a firm, a having regard to its location, population (population
company, or an association or body of invididuals, being more than one lakh) and such other (sic) factors
whether incorporated or not; as the circumstances of the case may require, by
notification in the official (sic) declare to be an urban
(j) “prescribed” means prescribed by rules made under
agglomeration and any agglomeration so declared (sci)
this Act;
be deemed to belong to category D in Schedule I and
(k) “state” includes a union territory and “State the peripheral area therefor shall be one kilometre;
Government”, in relation to any land or building situated
in a union territory or within the local limits of a (o) “urban land” means—
cantonment declared as such under section 3 of the (i) any land situated within the limits of an urban
Cantonments Act, 1924, means the central government; agglomeration and referred to as such in the
Master Plan; or
(l) “to hold” with its grammatical variations, in
relation to any vacant land means— (ii) in a case where there is no Master Plan, or where
the Master Plan does not refer to any land as
(i) to own such land; or urban land, any land within the limits of an urban
(ii) to possess such land as owner or as tenant or as agglomeraton and situated in any area included
mortgagee or under an irrevocable power of within the local limits of a municipality (by
attorney or under a hire-purchase agreement or whatever name called), a notified area committee,
partly in one of the said capacities and partly in a town area committee, a city and town
any other of the said capacity or capacities. committee, a small town committee, a
Explanation: Where the same vacant land is held cantonment board or a panchayat, but does not
by one person in one capacity and by another person include any such land which is mainly used for
in another capacity, then, for the purposes of this the purpose of agriculture.
Act, such land shall be deemed to be held by both Explanation: For the purpose of this clause and
such persons; clause (q),—
(m) “Tribunal” means the urban land tribunal constituted (A) “agriculture” includes horticulture, but does not
under section 12; include -
(i) raising of grass,
(n) “urban agglomeration” (ii) dairy farming,
(iii) poultry farming,
(A) in relation to any state or union territory specified
(iv) breeding of live-stock, and
in column (1) of Schedule I means.—
(v) such cultivation, or the growing of such plant,
(i) the urban agglomeration specified in the as may be prescribed;
corresponding entry in column (2) thereof and
(B) land shall not be deemed to be used mainly for
includes the peripheral area specified in the the purpose of agriculture, if such land is not entered
corresponding entry in column (3) thereof; and, in the revenue or land records before the appointed
(ii) any other area which the state government may, day as for the purpose of agri-culture:
with the previous approval of the central
Provided that where on any land which is entered in
government, having regard to its location, the revenue or land records before the appointed
population (population being more than one day as for the purpose of agriculture, there is a
lakh) and such other relevant factors as the building which is not in the nature of a farm-house,
circumstances of the case may require, by then, so much of the extent of such land as is
notification in the official gazette, declare to be occupied by the building shall not be deemed to be
an urban agglomeration and any agglomeration used mainly for the purpose of agriculture:

Provided further that if any question arises whether any (a) where the vacant land is situated in an urban
building is in the nature of a farm-house, such question agglomeration falling within category A specified
shall be referred to the state government and the decision in Schedule I, five hundred square metres;
of the state government thereon shall be final:
(b) where such land is situated in an urban
(C) notwithstanding anything contained in clause (B) agglomeration falling within category B specified
of this explanation, land shall not be deemed to be in Schedule I, one thousand square metres;
mainly used for the purpose of agriculture if the
land has been specified in the Master Plan for a (c) where such land is situated in an urban
purpose other than agriculture; agglomeration falling within category C
specified in Schedule I, one thousand five
(p) “urbanissable land”, means land situated within an
hundred square metres;
urban agglomeration, but not being urban land
(q) “vacant land”, means land, not being land mainly (d) where such land is situated in an urban
used for the purposes of agriculture, in an urban agglomeration falling within category D specified
agglomeration, but does not include - in Schedule I, two thousand square metres.
(i) land on which construction of a building is not (2) Where any person holds vacant land situated in two
permissible under the building regulations in or more categories of urban agglomeration
force in the area in which such land is situated; specified in Schedule I, then, for the purpose of
calculating the extent of vacant land held by him—
(ii) in an area where there are building regulations,
the land occupied by any building who has been (a) one square metre of vacant land situated in
constructed before, or is being constructed on, an urban agglomeration falling within
the appointed day with approval of the category A shall be deemed to be equal to
appropriate authority and the land appurtenant two square metres of vacant land situated
to such building; and in an urban agglomeration falling within
category B, three square metres of vacant
(iii) in an area where here are no building regulations, land situated in an urban agglomeration
the land occupied by any building which has been falling within category C and four square
(sic) before, or is being constructed on, the metres of vacant land situated in an urban
appointed day and the land appurtenant to such agglomeration falling within category D;
building:
(b) one square metre of vacant land situated in
Provided that where any person ordinarily keeps his
an urban agglomeration falling within
cattle, other than for the purpose of dairy farming or
category B shall be deemed to be equal to
for the purpose at of breeding of live-stock, on any
land situated in a village within an urban agglomeration one and one-half square metres of vacant
(described as a village in the revenue records), then, so land situated in an urban agglomeration
much extent of the land as has been ordinarily used falling within categoy C and two square
for the keeping of such cattle immediately before the metres of vacant land situated in an urban
appointed day shall not be deemed to be vacant land agglomeration falling within category D; and
for the purposes of this clause. (c) one square metre of vacant land situated in
Chapter III: Ceiling on vacant land an urban agglomeration falling within
3. Persons not entitled to hold vacant land in category C shall be deemed to be equal to
excess of the ceiling limit one and one-third square metres of vacant
Except as otherwise provided in this Act, on and land situated in an urban agglomeration
from the commencement of this Act, no person falling within category D.
shall be entitled to hold any vacant land in excess of
the ceiling limit in the territories to which this Act (3) Notwithstanding anything contained in sub-
applies under sub-section (2) of section 1. section (1), where in respect of any vacant land
any scheme for group housing has been
4. Ceiling limit sanctioned by an authority competent in this
(1) Subject to the other provisions of this section, in behalf immediately before the commencement
the case of every person, the ceiling limit shall be— of this Act, then, the person holding such vacant

land at such commencement shall be entitled to circumstances, if any, specified therein, then, for the
continue to hold such land for the purpose of purposes of this sub-section, any transfer by way of
group housing: sale of such property, being vacant land, made by
Provided that not more than one dwelling unit in the any person under a registered deed for valuable
group housing shall be owned by one single person: consideration in accordance with the provisions of
such law or in pursuance of any sanction or
Provided further, that the extent of vacant land which permission granted under such law, shall be deemed
such person shall be entitled to hold shall in no case, to be a bona fide sale.
extend—
(5) Where any firm or unincorporated association or
(a) the extent required under any building regulations body of individuals holds vacant land or holds any
governing such group housing; or
other land on which there is a building with a dwelling
(b) the extent calculated by multiplying the number unit therein or holds both land and such other land,
of dwelling units in the group housing and the then, the right or interest of any person in the vacant
appropriate ceiling limit referred to in sub-section land or such other land or both as the case may be,
(1), whichever less. on the basis of his share in such firm or association
Explanation: For the purposes of this sub-section or body shall also be taken into account in calculating
and sub-section (10).— the extent of vacant land held by such person.
(i) “group housing” means a building constructed (6) Where a person is a beneficiary of a private trust and
or to be constructed with one or more floors, his share in the income from such trust is known or
each floor consisting of one or more dwelling determinable, the share of such person in the vacant
units and having common service facilities; land and in any other land on which there is a building
with a dwelling unit therein, held by the trust, shall be
(ii) “common service facility” includes facility like deemed to be in the same proportion as his share in
staircase, balcony and varandah.
the total income of such trust bears to such total
(4) (a) In any state to which this Act applies in the income and the extent of such land apportionable to
first instance, if, on or after the 17th day of his share shall also be taken into account in calculating
February 1975, but before the appointed day, the extent of vacant land held by such person.
any person has made any transfer by way of
(7) Where a person is a member of a Hindu undivided
sale mortgage, gift, lease to otherwise (other than
family, so much of the vacant land and of any other
a bona fide sale under a registered deed for
land on which there is a building with a dwelling unit
valuable consideration) of any vacant land held
therein, as would have fallen to his share had the
by him and situated in such state to any other
entire vacant land and such other land held by the
person, whether or not for consideration, then,
Hindu undivided family been partitioned amongst
for the purposes of calculating the extent of
its members at the commencement of this Act shall
vacant land held by such person the land so
also be taken into account in calculating the extent
transferred shall be taken into account, without
of vacant land held by such person.
prejudice to the rights or interests of the
transferee in the land so transferred: (8) Where a person, being a member of a housing co-
operative society registered or deemed registered under
Provided that the excess vacant land to be
any law for the time being in force, holds vacant land
surrendered by such person under this chapter shall
allotted to him by such society, then, the extent of land
be selected only out of the vacant land held by him
so held shall also be taken into account in calculating the
after such transfer.
extent of vacant land held by such person.
(b) For the purpose of clause (a) the burden of
(9) Where a person holds vacant land and also holds
proving any sale to be a bona fide one shall be
any other land on which there is a building with a
on the transferee.
dwelling unit therein the extent of such other land
Explanation: Where in any state aforesaid, there occupied by the building and the land appurtenant
was or is in force any law prohibiting transfer of thereto shall also be taken into account in calculating
urban property in that state except under the the extent of vacant land held by such person.

(10) Where a person owns a part of a building, being a Provided that where such person has transferred his
group housing, the proportionate share such person in vacant land to more than one person, balance, or, as
the land occupied by the building and the land the case may be, the entire excess vacant land
appurtenant thereto shall also be taken in account in aforesaid, shall be selected out of the vacant land
calculating the extent of vacant land held by such person. held by each of the transferees in the same proportion
(11) For the removal of doubts it is hereby declared that as the area of the vacant land transferred to him
nothing in sub-sections (5), (6), (7), (9) and (10) shall bears to the total area of the land transferred to all
be construed as empowering the competent authority the transferees.
to declare any land referred to in sub-clause (ii) or (2) Where any excess vacant land is selected out of
sub-clause (iii) of clause (q) of section 2 as excess the vacant land transferred under sub-section (1), the
vacant land under this chapter. transfer of the excess vacant land so selected shall be
Explanation: For the purposes of this section and deemed to be null and void.
sections 6, 8 and 18 a person shall be deemed to
(3) In any state to which this Act applies in the first
hold any land on which there is a building (whether
or not with a dwelling unit therein) if he - instance and in any state which adopts this Act under
clause (1) of Article 252 of the Constitution, no person
(i) owns such land and the building; or holding vacant land in excess of the ceiling limit
(ii) owns such land but possesses the building or immediately before the commencement of this Act
possesses such land and the building, the shall transfer any such land or part thereof by way of
possession, in either case, being as a tenant under sale, mortgage, gift, lease or otherwise until he has
a lease, the unexpired period of which is not furnished a statement under section 6 and a notification
less than ten years at the commencement of this regarding the excess vacant land held by him has been
Act, or as a mortgagee or under an irrevocable published under sub-section (1) of section 10; and
power of attorney or a hire-purchase agreement any such transfer made in contravention of this
or party in one of the said capacities and partly in provision shall be deemed to be null and void.
any other of the said capacity or capacities; or
6. Persons holding vacant land in excess of
(iii) possesses such land but owns the building the ceiling limit to file statement
possession being as a tenant under a lease or as (1) Every person holding vacant land in excess of the
a mortgagee or under an irrevocable power of ceiling limit at the commencement of this Act shall,
attorney or a hire-purchase agreement or partly within such period as may be prescribed, file a statement
in one of the said capacities or partly in any before the competent authority having jurisdiction
other of the said capacity or capacities.
specifying the location, extent, value and such other
5. Transfer of vacant land particulars as may be prescribed of all vacant lands and
(1) In any State to which this Act applies in the first of any other land on which there is a building, whether
instance, where any person who had held vacant land or not with a dwelling unit therein held by him (including
in excess of the ceiling limit at any time during the the nature of his right, title or interest therein) and also
period commencing on the appointed day and specifying the vacant lands within the ceiling limit which
ending with the commencement of this Act, has he desires to retain:
transferred such land or part thereof by way of sale,
mortgage, gift, lease or otherwise, the extent of the Provided that in relation to any state to which this
land so transferred shall also be taken into account in Act applies in the first instance, the provisions of this
calculating the extent of vacant land held by such sub-section shall have effect as if for the words;
person and the excess vacant land in relation to such “Every person who hold vacant land in excess of
person shall, for the purposes of this chapter, be ceiling limit at the commencement of this Act”, the
selected out of the vacant land held by him after words, figures and letters; “Every person which
such transfer and in case the entire excess vacant land vacant land in excess of the ceiling limit on or after
cannot be so selected, the balance, or, where no the 17th day of February, 1975 and before the
vacant land is held by him after the transfer, the entire commencement of this Act and every person holding
excess vacant land, shall be selected out of the vacant vacant land in excess of the ceiling limit at such
land held by the transferee: commencement” had been substituted.

Explanation: In this section, “commencement of from India or is mentally incapacitated from
this Act” means— attending to his or her affairs, by the husband
or wife who is not so absent or mentally
(i) the date on which this Act comes into force in
incapacitated and where both the husband
any state;
and wife are absent from India or are mentally
(ii) where any land, not being vacant land, situated incapacitated from attending to their affairs,
in a state in which this Act is in force he become by any other person competent to act on
vacant land by any reason whatsoever, the date behalf of the husband or wife or both;
on which such land becomes vacant land;
(c) in the case of a company, by the principal
(iii) where any notification has been issued under officer thereof;
clause (n) of section 2 in respect of any area in
(d) in the case of a firm, by any partner thereof;
a state in which this Act is in force; the date of
publication of such notification. (e) in the case of any other association, by any
member of the association or the principal
(2) If the competent authority is of opinion that— officer thereof; and
(a) in any State to which this Act applies in the (f) in the case of any other person, by that
first instance, any person held on or after person or by a person competent to act on
the 17th day of February, 1975 and before his behalf.
the commencement of this Act or holds at
Explanation: For the purposes of this sub-section,
such commencement or
“principal officer”,—
(b) in any state which adopts this Act under
clause (1) of Article 252 of the Constitution, (i) in relation to a company, means the secretary,
any person holds at the commencement of manager or managing-director of the company;
this Act. (ii) in relation to any association, means the secretary,
Vacant land in excess of the ceiling limit, then, treasurer, manager or agent of the association.
notwithstanding anything contained in sub-section (1), and includes any person connected with the
may serve a notice upon such person requiring him management of the affairs of the company or the
to file, within such period as may be specified in the association, as the case may be, upon whom the
notice, the statement referred to in sub-section (1). competent authority has served a notice of his intention
(3) The competent authority may, if it is satisfied of treating him as the principal officer thereof.
that it is necessary so to do, extend the date for
filing the statement under this section by such 7. Filing of statement in cases where vacant land held
further period or periods as it may think fit; so, by a person is situated within the jurisdiction of two
however, that the period or the aggregate of or more competent authorities
the periods of such extension shall not exceed (1) Where a person holds vacant land situated within
three months.
the jurisdiction of two or more competent
(4) The statement under this section shall be authorities, whether in the same state or in two
filed— or more states to which this Act applies, then, he
(a) in the case of an individual, by the individual shall file his statement under sub-section (1) of
himself; where the individual is absent from section 6 before the competent authority within
India, by the Individual concerned or by the jurisdiction of which the major part thereof
some person duly authorised by him in this is situated and thereafter all subsequent
behalf; and where the individual is mentally proceedings shall be taken before that competent
incapacitated from attending to his affairs, authority to the exclusion of the other competent
by his guardian or any other person authority or authorities concerned and the
competent to act on his behalf; competent authority, before which the statement
(b) in the case of a family by the husband or is filed, shall send intimation thereof to the other
wife and where the husband or wife is absent competent authority or authorities concerned.

(2) Where the extent of vacant land held by any (iv) the particulars of the right, title or interest
person and situated within the jurisdiction of of the person in the vacant lands; and
two or more competent authorities within the (v) such other particulars as may be prescribed.
same state to which this Act applies is equal, he
shall file his statement under sub-section (1) of (3) The draft statement shall be served in such manner
section 6 before any one of the competent as may be prescribed on the person concerned
together with a notice stating that any objection
authorities and send intimation thereof in such
to the draft statement shall be preferrd within
form as may be prescribed to the state thirty of the service thereof.
government and thereupon, the state government
shall, by order, determine the competent (4) The competent authority shall duly consider any
authority before which all subsequent objection received, within the period (sic) in the
proceedings under this Act shall be taken to the notice referred to in sub-section (3) or within
exclusion of the other competent authority or such further period as may be specified
competent authority for any good and sufficient
authorities and communicate that order to such
reason from the person on whom a copy of
person and the competent authorities concerned. the statement has been served under that sub-
(3) Where the extent of vacant land held by any section and the competent authority shall, after
person and situated within the jurisdiction of giving objector a reasonable opportunity of
two or more competent authorities in two or being heard, pass such orders as it deems fit.
more states to which this Act applies is equal, 9. Final statement
he shall file his statement under sub-section (1) After the disposal of the objections, if any, received
of section 6 before any one of the competent under sub-section (4) of section 8, the competent
authorities and send intimation thereof in such authority shall make the necessary alterations in the
form as may be prescribed to the central draft statement in accordance with the orders passed
government and thereupon, the central on the objections aforesaid and shall determine the
government shall, by order, determine the vacant land held by the person concerned in excess
competent authority before which all of the ceiling limit and cause a copy of the draft
subsequent proceedings shall be taken to the statement as so altered to be served in the manner
exclusion of the other competent authority or referred to in sub-section (3) of section 8 on the
authorities and communicate that order to such person concerned and where such vacant land is held
person, the state governments and the under a lease or a mortgage, or hire-purchase
competent authorities concerned agreement or an irrevocable power of attorney, also
8. Preparation of draft statement as regards vacant land on the owner of such vacant land.
held in excess of ceiling limit 10. Acquisition of vacant and in excess of
ceiling limit
On the basis of the statement filed under section 6
(sic) of the statement under section 9 on the person
and after such inquiry as the competent authority concerned the competent (sic) giving the particulars
deem fit to make the competent authority shall of the vacant land held by such person in excess of
prepare a draft statement in respect of the person the ceiling limit and stating that—
who filed the statement under section 6.
(i) such vacant land is so he acquired by the concerned
(2) Every statement prepared under sub-section (1) state government and
shall contain the following particulars, namely:
(ii) the claims of all persons interested in such vacant
(i) the name and address of the person; land may be made by them personally or by their agents
(ii) the particulars of all vacant lands and of giving particulars of the nature of their interests in such
any other land on which there is a building, land, to be published for the information of the general
who or not with a dwelling unit therein, public in the official gazette of the state concerned and
held by such person; in such other manner as may be prescribed.
(iii) the particulars of the vacant lands which such (2) After considering the claims of the persons
person desires to retain within the ceiling(sic) interested in the vacant land, made to the

competent authority in pursuance of the (a) any vacant land owned by the central government,
notification published under sub-section (1), the means the central government;
competent authority shall determine the nature
(b) any vacant land owned by any state government
and extent of such claims and pass such orders
and situated in a union territory or within the
as it deems fit.
local limits of a cantonment declared as such
(3) At any time after the publication of the under section 3 of the Cantonments Act, 1924,
notification under sub-section (1), the competent means that state government.
authority may, by notification published in the
official gazette of the state concerned, declare 11. Payment of amount for vacant land
that the excess vacant land referred to in the acquired
notification published under sub-section (1) shall, (1) Where any vacant land is deemed to have been
with effect from such date as may be specified acquired by any state government under sub-
in the declaration, be deemed to have been section (3) of section 10 such state government
acquired by the state government and upon the shall pay to the person or persons having any
publication of such declaration, such land shall interest therein —
be deemed to have vested absolutely in the state
(a) in a case where there is any income from
government free from all encumbrances with
such vacant land, an amount equal to eight
effect from the date so specified.
and one-third times the net average annual
(4) During the period commencing on the date of income actually derived from such land
publication of the notification under sub-section during the period of five consecutive years
(1) and ending with the date specified in the immediately preceding the date of
declaration made under sub-section (3)— publication of the notification issued under
sub-section (1) of section 10; or
(i) no person shall transfer by way of sale,
mortgage, gift, lease or otherwise any excess (b) in a case where no income is derived from
vacant land (including any pan thereof) such vacant land, an amount calculated at a
specified in the notification aforesaid and rate not exceeding—
any such transfer made in contravention of (i) ten rupees per square metre in the case
this provision shall be deemed to be null of vacant land situated in an urban
and void; and agglomeration falling within category A
or category B specified in Schedule I; and
(ii) no person shall alter or cause to be altered
the use of such excess vacant land. (ii) five rupees per square metre in the case
of vacant land situated in an urban
(5) Where any vacant land is vested in the state agglomeration falling within category C
government under sub-section (3), the competent or category D specified in that schedule.
authority may, by notice in writing, order any
person who may be in possession of it to (2) The net average annual income referred to in
surrender or deliver possession thereof to the clause (a) of sub-section (1) shall be calculated in
state government or to any person duly the manner and in accordance with the principles
authorised by the state government in this behalf set out in Schedule II.
within thirty days of the service of the notice. (3) For the purpose of clause (b) of sub-section
(6) If any person refuses or fails to comply with an (1), the state government shall—
order made under sub-section (5), the competent
(a) divide, by notification in the official gazette,
authority may take possession of the vacant land
every urban agglomeration situated within the
or cause it to be given to the concerned state
state into different zones, having regard to
government or to any person duly authorised by
such state government in this behalf and may for the location and the general use of the land
that purpose use such force as may be necessary. situated in an urban agglomeration, the utility
of the land in that urban agglomeration for
Explanation: In this section, in sub-section (1) of the orderly urban development thereof and
section 11 and in sections 14 and 23, “state such other relevant factors as the
government”, in relation to— circumstances of the case may require; and

(b) fix, subject to the maximum rates specified with the provisions of this section as also the
in that clause, the rate per square metre of person, or, where there are several persons
vacant land in each zone, having regard to interested in the land, the persons to whom it
the availability of vacant land in the zone, shall be paid and in what proportion, if any.
the trend of price rise of vacant land over a
period of twenty years in the zone before (8) Before determining the amount to be paid, every
the commencement of this Act, the amount person interested shall be given an opportunity to
invested by the government for the state his case as to the amount to be paid to him.
development of the zone, the existing use
(9) The competent authority shall dispose of every
of vacant land in the zone and such other
relevant factors as the circumstances of the case for determination of the amount to be paid
case may require. as expeditiously as possible and in any case within
such period as may be prescribed.
(4) Different rates may he fixed under clause (b) of
sub-section (3) for vacant lands situated in (10) Any claim or liability enforceable against any vacant
different zones within each urban agglomeration. land which is deemed to have been acquired under
sub-section (3) of section 10 may be enforced
(5) Notwithstanding anything contained in sub- only against the amount payable under this section
section (1) where any vacant land which is in respect of such land and against any other
deemed to have been acquired under sub-section property of the owner of such land.
(3) of section 10 is held by any person under a
grant, lease or other tenure from the central 12. Constitution of urban land tribunal and
government or any state government and— appeal to urban land tribunal
(1) The state government may, by notificationin the
(i) the terms of such grant, lease or other tenure official gazette, constitute one or more urban
do not provide for payment of any amount land tribunal or tribunals.
to such person on the termination of such
grant, lease or other tenure and the (2) The tribunal shall consist of a sole member who
resumption of such land by the central shall be an officer of the rank of a commissioner
government or the state government, as the of a division or a member of the board of revenue.
case may be; or (3) The tribunal shall have jurisdiction over such area
(ii) the terms of such grant, lease or other tenure as the state government may, by notification in
provide for payment of any amount to such the official gazette, specify.
person on such termination and resumption, (4) If any person is aggrieved by an order of the
then - competent authority under section 11, he may,
(a) in a case falling under clause (i), no amount within thirty days of the date on which the order
shall be payable in respect of such vacant is communicated to him, prefer an appeal to the
land under sub-section (1); and tribunal having jurisdiction over the area in which
the vacant land (in relation to which the amount
(b) in a case falling under clause (ii), the amount has been determined) is situated or where such
payable in respect of such vacant land shall land is situated within the jurisdiction of more
be the amount payable to him under the than one tribunal to the tribunal having jurisdiction
terms of such grant, lease or other tenure over the area in which a major part of such land
on such termination and resumption or is situated or where the extent of such land
the amount payable to him under sub- situated within the jurisdiction of two or more
section (1), whichever is less. Tribunals is equal to any of those tribunals:
(6) Notwithstanding anything contained in sub- Provided that the Tribunal may entertain the appeal
section (1) or sub-section (5), one amount after the expiry of the said period of thirty days if it
payable under either of the said sub-sections is satisfied that the appellant was prevented by
shall, in no case, exceed two lakhs of rupees. sufficient cause from filing the appeal in time.
(7) The competent authority may, by order in writing (5) In deciding appeals the tribunal shall exercise all
determine the amount to be paid in accordance the powers which a civil court has and follow the

same procedure which a civil court follows in 16. Certain persons to file statements when the
deciding appeals against the decree of an original Act is adopted subsequently by any State
court under the Code of Civil Procedure, 1908. (1) Where any person holds any vacant land in any
state to which this Act does not apply in the first
13. Second appeal to High Court
instance but which subsequently adopts this Act
Subject to the provisions of the Code of Civil
under clause (1) of Article 252 of the
Procedure 1908, applicable to appeals from original
Constitution and the extent of such land together
decrees, an appeal shall lie to the High Court from
with the extent of the vacant land, if any, already
the decision of the Tribunal under section 12.
held by him in any other state to which this Act
14. Mode of payment of amount applies in the first instance, exceeds in the
(1) The state government shall, within a period of aggregate the ceiling limit, then, he shall, within
six months from the date of the order of the three months of the commencement of this Act
competent authority determining the amount to in the State first mentioned, file a statement
be paid under section 11, or, in a case where an before the competent authority having
appeal has been preferred against such order under jurisdiction specifying the location, extent, value
section 12 or under section 13, within a period and such other particulars as may be prescribed
of six months from the date of the final appellate of all vacant lands held by him in that state and in
order, pay the amount referred to in section 11 such other state and also specifying the vacant lands
to the person or persons entitled thereto. within the ceiling limit which he desires to retain.
(2) Twenty-five percent, of the amount or twenty- (2) The provisions of sections 6 to 14 (both inclusive)
five thousand rupees, which ever is less, shall be shall, so far as may be, apply to the statement
paid in cash and the balance in negotiable bonds filed under this section and to the vacant land
redeemable after the expiry of twenty years carrying held by such person in excess of the ceiling limit.
an interest at the rate of five percent, per annum
with effect from the date on which the vacant land 17. Power to enter upon any vacant land
is deemed to have been acquired by the state The competent authority or any person acting under
government under sub-section (3) of section 10. the orders of the competent authority may, subject
to any rules made in this behalf and at such
15. Ceiling limit on future acquisition by reasonable times as may be prescribed, enter upon
inheritance, bequest or by sale in execution any vacant land or any other land on which there is a
of decrees, etc building with such assistance as the competent
(1) If, on or after the commencement of this Act, authority or such person considers necessary and
any person acquires by inheritance, settlement or make survey and take measurements thereof and to
bequest from any other person or by sale in any other act which the competent authority or such
execution of a decree or order of a civil court person considers necessary for carrying out the
or of an award or order of any other authority purposes of this Act.
or by purchase or otherwise, any vacant land the
extent of which together with the extent of the 18. Penalty for concealment, etc., of particulars
vacant land, if any, already held by him exceeds of vacant land
in the aggregate the ceiling limit, then, he shall, (1) If the competent authority, in the course of any
within three months of the date of such proceedings under this Act, is satisfied that any
acquisition, file a statement before the competent person has concealed the particulars of any vacant
authority having jurisdiction specifying the land, or of any other land on which there is a
location, value and such other particulars as may building, whether or not with a dwelling unit
be prescribed of all the vacant lands held by therein, held by him or furnished inaccurate
him and also specifying the vacant lands within
particulars of such land or of the user thereof, it
the ceiling limit which he desires to retain.
may, after giving such person an opportunity of
(2) The provisions of sections 6 to 14 (both inclusive) being heard in the matter, by order in writing direct
shall, so far as may be, apply to the statement that, without prejudice to any other penalty to
tiled under this section and to the vacant land which he may be liable under this Act, such person
held by such person in excess of the ceiling limit. shall pay, by way of penalty, a sum which shall

not be less than, but which shall not exceed twice, institution which the central government or the state
the amount representing the value of the vacant government concerned may, by notification in the
land or of such other land or both, as the case official gazette, specify in this behalf:
may be, in respect of which the particulars have
(iv) any public charitable or religious trust (including
been concealed or in respect of which inaccurate
wakf) and required and used for any public
particulars as aforesaid have been furnished.
charitable or religious purposes:
(2) Any amount payable under this section, if not
Provided that the exemption under this clause shall
paid, may be recovered as if it were an arrear
apply only so long as such land continues to be
of land revenue.
required and used for such purposes by such trust;
19. Chapter not to apply to certain vacant lands
(v) any co-operative society, being a land mortgage
(1) Subject to the provisions of sub-section
bank or a housing co-operative society, registered
(2) nothing in this Chapter shall apply to any vacant or deemed to be registered under any law
land held by— relating to co-operative societies for the time
being in force:
(i) the central government or any state
government, or any local authority or any Provided that the exemption under this clause,
corporation established by or under a central in relation to a land mortgage bank, shall not
or provincial or state Act or any government apply to any vacant land held by it otherwise
company as defined in section 617 of the than in satisfaction of its dues;
Companies Act, 1956;
(vi) any such educational, cultural, technical or
(ii) any military, naval or air force institution: scientific institution or club [not being a
corporation established by or under a central or
(iii) any bank. provincial or state Act referred to in clause (i) or
Explanation: In this clause, “bank” means any a society referred to in clause (viii)] as may be
banking company as defined in clause (c) of section approved for the purposes of this clause by the
5 of the Banking Regulation Act, 1949, and state government by general or special order,
includes— on application made to it in this behalf by such
institution or club or otherwise:
(a) the Reserve Bank of India constituted under the
Reserve Bank of India Act, 1934; Provided that no approval under this clause shall
be accorded by the state government unless the
(b) the State Bank of India constituted under the government is satisfied that it is necessary so to
State Bank of India Act, 1955; do having regard to the nature and scope of the
activities of the institution or club concerned,
(c) a subsidiary bank as defined in the State Bank the extent of the vacant land required bona fide
of India (Subsidiary Banks) Act, 1959; for the purposes such institution or dub and other
(d) a corresponding new bank constituted under relevant factors;
section 3 of the Banking Companies (Acquisition (vii) any society registered under the Societies
and Transfer of Undertakings) Act, 1970; Registration Act, 1860, or under any other
(e) the Industrial Finance Corporation of India, corresponding law for the time being in force
established under the Industrial Finance and used for any non-profit and no(sic)
Corporation Act, 1948, the Life Insurance commercial purpose: (viii) a foreign state for the
Corporation of India, established under the Life purposes of its diplomatic and consular missions
Insurance Corporation Act, 1956, the Unit Trust or for such other official purposes as may be
of India, established under the Unit Trust of India approved by the central government or for the
Act, 1963, the Industrial Development Bank of residence of (sic) members of the said missions:
India Act, 1964, the Industrial Credit and Investment (ix) the United Nations and its specialised agencies
Corporation of India, the Industrial Reconstruction for any official purpose or for the residen(sic)
Corporation of India and any other financial of the members of their staff:

(x) any international organisation for any official (b) where any person holds vacant land in excess
purpose or for the residence of the members of the ceiling limit and the state government,
the staff of such organisation: either on its own motion or otherwise, is
satisfied that the application of the provisions
Provided that the exemption under this clause
of this chapter would cause undue hardship
shall apply only if there is an agreement between
to such person, that government may by order,
(sic) Government of India and such international
exempt subject to such conditions, if any, as
organisation that such land shall be so exempted.
may be specified in the order, such vacant land
(2) The provisions of sub-section (1) shall not be from the provisions of this chapter:
construed as granting any exemption in fav(sic)
Provided that no order under this clause shall
of any person, other than an authority, institution
be made unless the reasons for doing so are
or organisation specified in sub-section (1), (sic)
recorded in writing.
possesses any vacant land which is owned by
such authority, institution or organisation or who (2) If at any time the state government is satisfied that any
owns a vacant land which is in the possession of of the conditions subject to which any exemption under
such authority, institution or organisation:(sic) clause (a) or clause (b) of sub-section (1) is granted is
not complied with by any person, it shall be competent
Provided that where any vacant land which is in the
possession of such authority, institution organisation, for the state government to withdraw, by order, such
but owned by any other person, is declared as excess exemption after giving a reasonable opportunity to such
vacant land under this Chapter, su(sic) authority, person for making a representation against the proposed
institution or organisation shall, notwithstanding withdrawal and thereupon the provisions of this chapter
anything contained in any of the foregoi(sic) shall apply accordingly.
provisions of this Chapter, continue to possess such 21. Excess vacant land not to be treated as excess in
land under the State Government on the same ter(sic) certain cases
and conditions subject to which it possessed such
land immediately before such declaration. (1) Notwithstanding anything contained in any of the
foregoing provisions of this chapter, where a person
Explanation: For the purposes of this sub- holds any vacant land in excess of the ceiling limit
section, the expression “to possess vacant land” and such person declares within such time, in such
mean to possess such land either as tenant or as form and in such manner as may be prescribed before
mortgagee or under a hire-purchase agreement the competent authority that such land is to be utilised
or under irrevocable power of attorney or partly for the construction of dwelling units (each such
in one of the said capacities and partly in any dwelling unit having a plinth area not exceeding eighty
other of the s(sic) capacity or capacities. square metres) for the accommodation of the weaker
20. Power to exempt sections of society, in accordance with any scheme
(1) Notwithstanding anything contained in any of approved by such authority as the state government
the foregoing provisions of this chapter - may, by notification in the official gazette specify in
this behalf, then, the competent authority may, after
(a) where any person holds vacant land in excess making such inquiry as it deems fit, declare such land
of the ceiling limit and the State Government not to be excess land for the purposes of this chapter
is satisfied, either on its own motion or and permit such person to continue to hold such
otherwise, that, having regard to the location land for the aforesaid purpose, subject to such terms
of such land, the purpose for which such and conditions as may be prescribed including a
land is being or is proposed to he used and condition as to the time limit within which such
such other relevant factors as the buildings are to be constructed.
circumstances of the case may require, it is
necessary or expedient in the public interest (2) Where any person contravenes any of the conditions
so to do, that government may, by order, subject to which the permission has been granted
exempt, subject to such conditions, if any, under sub-section (1), the competent authority shall,
as may be specified in the order, such vacant by order, and after giving such person an opportunity
land from the provisions of this chapter. of being heard declare such land to be excess land

and thereupon all the provisions of this chapter shall and such building has been subsequently
apply accordingly. demolished by the state government, then, such
land shall be deemed to be vacant land acquired
22. Retention of vacant land under certain circumstances
under such other law:
(1) Notwithstanding anything contained in any of the
(b) ‘industry’ means any business, profession, trade,
foregoing provisions of this chapter, where any person
undertaking or manufacture.
demolishes any building on any land held by him or
any such building is destroyed or demolished solely (2) In making an order of allotment under sub-section
due to natural causes and beyond the control of human (1), the State Government may impose such
agency and as a consequence thereof, in either case, conditions as may be specified therein including a
the land on which such building has been constructed condition, as to the period within which the industry
becomes vacant land and the aggregate of the extent shall be put in operation or, as the case may be, the
of such land and the extent of any other vacant land residential accommodation shall be provided for:
held by him exceeds the ceiling limit then, he shall,
within three months from the date of such demolition Provided that if, on a representation made in this
or destruction file a statement before the competent behalf by the allottee the state government is satisfied
authority having jurisdiction specifying the location, that the allottee could not put the industry in
value and such other particulars as may be prescribed operation, or provide the residential accommodation,
of all the vacant lands held by him. within the period specified in the order of allotment,
for any good and sufficient reason, the state
(2) Where on receipt of a statement under sub-section government may extend such period to such further
(1) and after such inquiry as the competent authority period or periods as it may deem fit.
may deem fit to make, the competent authority is
satisfied that the land which has become vacant land (3) Where any condition imposed in an order of allotment
is required by the holder for the purpose of is not complied with by the allottee, the state
redevelopment in accordance with the Master Plan, government shall, after giving an opportunity to the
such authority may, subject to such conditions and allottee to be heard in the matter, cancel the allotment
restrictions as it may deem fit to impose, permit the with effect from the date of the non-compliance of
holder to retain such land in excess of the ceiling such condition and the land allotted shall revest in the
limit for such purpose and where the competent state government free from all encumbrances.
authority is not so satisfied and docs not so permit, (4) Subject to the provisions of sub-sections (1), (2) and
the provisions of sections 6 to 14 (both inclusive) (3), all vacant lands deemed to have been acquired
shall so far as may be, apply to the statement filed by the State Government under this Act shall be
under sub-section (1) and to the vacant land held by disposed of by the state government to subserve
such person in excess of the ceiling limit. the common good on such terms and conditions as
23. Disposal of vacant land acquired under the Act the state government may deem fit to impose.
(5) Notwithstanding anything contained in sub-sections
(1) It shall be competent for the state government to
(1) to (4), where the state government is satisfied that
allot, by order, in excess of the ceiling limit any vacant
it is necessary to retain or reserve any vacant land,
land which is deemed to have been acquired by the
deemed to have been acquired by that government
state government under this Act or is acquired by
under this Act, for the benefit of the public, it shall
the state government under any other law, to any
be competent for the state government to retain or
person for any purpose relating to or in connection
reserve such land for the same.
with, any industry or for providing residential
accommodation of such type as may be approved 24. Special provisions regarding disposal of vacant lands
by the state government to the employees of any In favour of certain persons
industry and it shall be lawful for such person to
hold such land in excess of the ceiling limit. (1) Notwithstanding anything contained in section 23,
where any person, being the owner of any vacant
Explanation: For the purposes of this section - land, had leased out or mortgaged with possession
(a) where any land with a building has been acquired such land or had given possession of such land under
by the state government under any other law a hire-purchase agreement to any other person and as

a consequence thereof he has no vacant land in his 26. Notice to be given before transfer of vacant
possession or has vacant land in his possession less in lands
extent than the ceiling limit, and where the land so (1) Notwithstanding anything contained in any other law
leased or mortgaged or given possession of is deemed for the time being in force, no person holding vacant
to have been acquired by the state government under land within the ceiling limit shall transfer such land
this chapter, then, such person shall be entitled to make by way of sale, mortgage, gift, lease or otherwise
an application to the state government in such form except after giving notice in writing of the intended
and containing such particulars as may be prescribed transfer to the competent authority.
within a period of three months from the date of
such acquisition for the assignment to him - (2) Where a notice given under sub-section (1) is for the
transfer of the land by way of sale, the competent
(a) in a case where he has no land in his possession authority shall have the first option to purchase such
of so much extent of land as is not in excess of
land on behalf of the state government at a price
the ceiling limit; or
calculated in accordance with the provisions of the
(b) in a case where he has land in his possession less Land Acquisition Act, 1894 or of any other
in extent than the ceiling limit, of so much extent corresponding law for the time being in force and if
of land as is required to make up the deficiency: such option is not exercised within a period of sixty
days from the date of receipt of the notice, it shall
Provided that nothing in this sub-section shall be
he presumed that the competent authority has no
deemed to entitle a person for the assignment of land
in excess of the extent of the land leased or mortgaged intention to purchase such land on behalf of the
with possession or given possession under a hire- state government and it shall be lawful for such person
purchase agreement as aforesaid by such person. to transfer the land to whomsoever he may like:
(2) On receipt of an application under sub-section (1), Provided that where the competent authority exercises
the state government shall, after making such inquiry within the period aforesaid the option to purchase
as it deems fit, assign such land to such person on such land the execution of the sale deed shall be
payment of an amount equal to the amount which completed and the payment of the purchase price
has been paid by the state government for the thereof shall be made within a period of three months
acquisition of the extent of land to be assigned. from the date on which such option is exercised.
1. For such modification, see Mah. Govt Gaz, 5-8-1976. (3) For the purpose of calculating the price of any vacant
Pt IV-A p 507 land under sub-section (2), it shall be deemed that a
notification under sub-section (1) of section 4 of
Chapter IV: Regulation of transfer and use of the Land Acquisition Act, 1894 or under the relevant
urban property provision of any other corresponding law for the
25. Definition: time being in force, had been issued for the acquisition
In this Chapter, “plinth area”, in relation to— of such vacant land on the date on which the notice
(i) a dwelling unit in a building consisting of only was given under sub-section (1) of this section.
one floor, means the area of the dwelling unit at
27. Prohibition on transfer of urban property
the floor level and includes the thickness of the
outer walls thereof; (1) Notwithstanding anything contained in any other law
for the time being in force, but subject to the
(ii) a dwelling unit in a building consisting of two provisions of sub-section (3) of section 5 and sub-
or more floors, means the area of the dwelling -section (4) of section 10, no person shall transfer by
unit at the floor level where the dwelling unit is way of sale, mortgage, gift, lease for a period
proposed to be situated and includes the thickness exceeding ten years, or otherwise, any urban or
of the outer walls thereof and the proportionate
urbanisable land with a building (whether constructed
area intended for any common service facility at
the floor level aforesaid. before or after the commencement of this Act) or a
portion only of such building for a period of ten
Explanation: For the purposes of this clause, years of such commencement or from the date on
“common service facility” shall have the same which the building is constructed, whichever is later
meaning as in sub-clause (ii) of the Explanation below except with the previous permission in writing of
sub-section (3) of section 4. the competent authority.

(2) Any person desiring to make a transfer referred to building, the execution of the sale deed shall be
in sub-section (1), may make an application in writing competent and the payment of the purchase price
to the competent authority in such form and in such thereof shall be made within a period of three months
manner as may be prescribed. from the date on which such option is exercised.
(3) On receipt of an application under sub-section (2), (6) For the purpose of calculating the price of the land
the competent authority may, after making such inquiry and building or, as the case may be, a portion only
as it deems fit, by order in writing, grant or refuse to of such building under clause (a) of sub-section (5),
grant the permission applied for: it shall be deemed that a notification under sub-section
(1) of section 4 of the Land Acquisition Act, 1894
Provided that the competent authority shall not refuse or under the relevant provision of any other
to grant the permission applied for unless it has recorded corresponding law for the time being in force had,
in writing the reasons for doing so and a copy of the been issued for the acquisition of that land and
same has been communicated to the applicant. building or, as the case may be, a portion only of
such building on the date on which the application
(4) Where within a period of sixty days of the date of was made under sub-section (2).
receipt of an application under this section the competent
28. Regulation of registration of documents in
authority does not refuse to grant the permission applied
certain cases
for or docs not communicate the refusal to the applicant,
Notwithstanding anything contained in any other law
the competent authority shall be deemed to have granted for the time being in force, where any document
the permission applied for. required to be registered under the provisions of
(5) (a) Where the permission applied for is for the clauses (a) to (e) of sub-section (1) of section 17 of
transfer of the land with the building or, as the the Registration Act, 1908, purports to transfer by way
of sale, mortgage, gift, lease or otherwise any land or
case may be, a portion only of such building
any building (including any portion thereof) -
referred to in sub-section (1) by way of sale,
and the competent authority is of the opinion (a) in the case of any transfer referred to in Section
that such permission may be granted, then, the 26, no registering officer appointed under that
competent authority shall have the first option Act shall register any such document unless the
to purchase such land with building or a portion transferor produces before such registering officer
evidence to show that he has given notice of the
only of such building on behalf of the state
intended transfer to the competent authority under
government at such price as may be agreed upon
that section and, where such transfer is by way of
between the competent authority and the sale, the period of sixty days referred to in sub-
applicant or, in a case where there is no such section (2) of that section has elapsed:
agreement, at such price calculated in accordance
with the provisions of the Land Acquisition Act, (b) in the case of any transfer referred to in section
1894 or of any other corresponding law for the 27, no registering officer appointed under that
time being in force. Act shall register any such document unless the
transferor produces before such registering officer
(b) If the option referred to in clause (a) is not the permission in writing of the competent
exercised within a period of sixty days from the authority for such transfer or satisfies the registering
date of receipt of the application under this officer that the period of sixty days referred to in
section, it shall be presumed that the competent sub-section (4) of that section has elapsed.
authority has no intention to purchase such land 29. Regulation of construction of buildings
with building or a portion only of such building with dwelling units
on behalf of the state government and it shall No person shall construct any building with a dwelling
be lawful for such person to transfer the land to unit having a plinth area -
whomsoever he may like:
(a) where the building proposed to be constructed is
Provided that where the competent authority exercises situated in an urban agglomeration falling within
within the period aforesaid the option to purchase category A or category B specified in Schedule 1,
such land with building or a portion only of such in excess of three hundred square metres;

(b) where the building proposed to be constructed is Provided that, where the construction of any building
situated in an urban agglomeration falling within has not been completed at the time of the making
category C or category D specified in Schedule 1, of the order for the demolition or modification, no
in excess of three hundred square metres: order staying the enforcement of the order for the
demolition or modification shall be made by the
30. Demolition and stoppage of buildings in tribunal unless security, sufficient in the opinion of
certain cases and appeal the tribunal, has been given by the appellant for not
(1) Where the construction of a building has been proceeding with such construction pending the
commenced on or after the commencement of this
disposal of the appeal.
Act, and is carried on and completed in contravention
of the provisions of section 29, the competent (4) The provisions of sub-section (5) of section 12
authority having jurisdiction over the area in which the and of section 13 shall apply to or in relation to an
building is situated may make an order directing that appeal preferred under sub-section (2) as they apply
such construction shall be demolished, either wholly to or in relation to an appeal preferred under sub-
or partly, or modified by the person at whose instance section (4) of section 12.
the construction has been commenced and is being
carried on and completed, to the extent such (5) Save as provided in this section, no court shall
demolition or modification does not contravene the entertain any suit, application or other proceeding
provisions of that section within such period (not being for injunction or other relief against the competent
less than fifteen days and more that thirty days from authority to restrain him from taking any action or
the date on which a copy of the order of demolition making any order in pursuance of the provisions of
with a brief statement of the reasons therefor has this section.
been delivered to that person) as may be specified in
the order for the demolition or modification: (6) Where no appeal has been preferred against an order
Provided that no order for the demolition or for the demolition or modification made by the
modification shall be made unless the person has competent authority under sub-section (1), or where
been given by means of a notice served in such an order for the demolition or modification made
manner as the competent authority may think fit, a by the competent authority under that sub-section
reasonable opportunity of showing cause why such has been confirmed on appeal, whether with or
order shall not be made: without variation, the person against whom the order
has been made shall comply with the order within
Provided further that, where the construction has
the period specified therein, or, as the case may be,
not been completed, the competent authority may,
within the period, if any, fixed by the tribunal or the
by the same order or by a separate order, whether
made at the time of the issue of the notice under the High Court on appeal and on the failure of the
first proviso or at any other time, direct the person person to comply with the order within such period,
to stop the construction until the expiry of the period the competent authority may himself cause the
within which an appeal against the order for the construction to which the order relates to be
demolition or modification, if made, may be demolished or modified and the expenses of such
preferred under sub--section (2). demolition or modification shall be recoverable from
such person as an arrear of land revenue.
(2) Any person aggrieved by an order of the
competent authority made under sub-section (1) may
prefer an appeal against the order to the tribunal Chapter V: Miscellaneous
having jurisdiction over the area in which the building 31. Powers of competent authority
is situated within the period specified in the order The competent authority shall have all the powers
for the demolition or modification of the of a civil court, while trying a suit under the Code
construction to which it relates. of Civil Procedure, 1908, in respect of the following
matters, namely -
(3) Where an appeal is preferred under sub-section
(2) against the order for the demolition or (a) summoning and enforcing the attendance of any
modification, the tribunal may stay the enforcement person and examining him on oath;
of that order on such terms, if any, and for period (b) requiring the discovery and production of any
as it may think fit: document;

(c) receiving evidence on affidavits; against which no appeal has been preferred under section
(d) requisitioning any public record or copy thereof 12 or section 30 or section 33 for the purpose of
from any court or office; satisfying itself as to the legality or propriety of such
order or as to the regularity of such procedure and
(e) issuing commissions for the examination of
pass such order with respect thereto as it may think fit:
witnesses or documents; and
(f) any other matter which may be prescribed. Provided that no such order shall be made except
after giving the person affected a reasonable
32. Jurisdiction of competent authorities and opportunity of being heard in the matter.
Tribunals in special cases
Where under sub-section (2) or sub-section (3) of section 35. Power of state government to issue orders
7, the state government or the central government, as and directions to the competent authority
the case may be, determines the competent authority The state government may issue such orders and
or where, for the reason that the extent of the vacant directions of a general character as it may consider
land granted within the jurisdiction of two or more necessary in respect of any matter relating to the
tribunals is equal, an appeal has been preferred to any powers and duties of the competent authority and
thereupon the competent authority shall give effect
one of the tribunals under sub-section (4) of section
to such orders and directions.
12, then, such competent authority or tribunal, as the
case may be, shall, notwithstanding that any portion of 36.Power to give directions to state government
the vacant land to which the proceedings before the (1) The central government may give such directions to
competent authority or the appeal before the tribunal any State Government as may appear to the central
relates, is not situated within the area of its jurisdiction, government to be necessary for carrying into
exercise all the powers and functions of the competent execution in the state any of the provisions of this
authority or Tribunal, as the case may be, having Act or of any rule made thereunder.
jurisdiction over such portion of the vacant land under (2) The central government may require any state
this Act in relation to such proceedings or appeal. government to furnish such returns statistics, accounts
and other information, as may be deemed necessary.
33. Appeal
(1) Any person aggrieved by an order made by the 37. Returns and reports
competent authority under this Act, not being an order The competent authority shall furnish to the state
under section 11 or an order under sub-section (1) of government concerned such returns, statistics,
section 30, may, within thirty days of the date on which accounts and other information as the State
the order is communicated to him, prefer an appeal Government may, from time in time, require.
to such authority as may be prescribed (hereinafter in 38. Offences and punishments
this section referred to as the appellate authority): (1) If an person who is under an obligation to file a
Provided that the appellate authority may entertain the statement under this Act fails, without reasonable
appeal after the expiry of the said period of thirty cause or excuse, to file the statement within the time
days if it is satisfied that the appellant was prevented specified for the purpose, he shall be punishable with
by sufficient cause from filing the appeal in time. imprisonment for a term which may extend to two
years or with fine which may extend to five thousand
(2) On receipt of an appeal under sub-section (1), the rupees or with both.
appellate authority shall, after giving the appellant an
opportunity of being heard, pass such orders thereon (2) If any person who, having been convicted under
as it deems fit as expeditiously as possible. sub-section (2) continues to fail, without reasonable
cause or excuse, lo file the statement, he shall be
(3) Every order passed by the appellate authority under punishable with fine which may extend to five
this section shall be final. hundred rupees for every day during which such
contravention continues after conviction for the first
34. Revision by state government
such contravention.
The state government may, on its own motion, call for
and examine the records of any order passed or (3) If any person who is under an obligation to file a
proceeding taken under the provisions of this Act and statement under this Act files a statement which he

knows or has reasonble belief to be false he shall be officer authorised by the competent authority in this
punishable with imprisonment for a term which may behalf and no court inferior to that of a metropolitan
extend to two years or with fine which may extend magistrate or a judicial magistrate of the first class
to one thousand rupees or with both. shall try any such offence.
(4) If any person contravenes any of the provisions of 42. Act to override other laws
this Act for which no penalty has been expressly The provisions of this Act shall have effect
provided for, he shall be punishable with notwithstanding anything inconsistent therewith in any
imprisonment for a term which may extend to two other law for the time being in force or any custom,
years or with fine which may extend to one thousand usage or agreement or decree or order of a court,
tribunal or other authority.
rupees or with both.
43. Court-fees
39. Offences by companies
Notwithstanding anything contained in the Court-
(1) Where an offence under this Act has been committed fees Act, 1870, every application, appeal or other
by a company every person who, at the time the offence proceeding under this Act shall bear a court-fee stamp
was committed, was in charge of, and was responsible of such value as may prescribed.
to the company for the conduct of the business of the
company as well as the company, shall be deemed to 44. Certain officers to be public servants
be guilty of the offence and shall be liable to be Every officer acting under, or in pursuance of, the
proceeded against and punished accordingly: provisions of this Act or under the rules made
thereunder shall be deemed to be a public servant within
Provided that nothing contained in this sub-section the meaning of Sec. 21 of the Indian Penal Code.
shall render any such person liable to any punishment
if he proves that the offence was committed without 45. Correction of clerical errors
his knowledge or that he exercised all due diligence Clerical or arithmetical mistakes in any order passed by
to prevent the commission of such offence. any officer or authority under this Act or errors arising
therein from any accidental slip or omission may at any
(2) Notwithstanding anything contained in sub-section time be corrected by such officer or authority either on
(1), where an offence under this Act has been his or its own motion or on an application received in
committed by a company and it is proved that the this behalf from any of the Parties.
offence has been committed with the consent or
connivance of, or is attributable to any neglect on 46. Power to make rules
the part of, any director, manager, secretary, or other (1) The central government may, by notification in
officer of the company, such director, manager, the official gazette, make rules1 for carrying out
secretary or other officer shall also be deemed to be the provisions of this Act.
guilty of that offence and shall be liable to be (2) In particular and without prejudice to the generality
proceeded against and punished accordingly. of the foregoing power, such rules may provide
Explanation: For the purposes of this section.— for all or any of the following matters, namely:
(a) the cultivation or growing of plant which
(a) “company” means any body corporate and includes
will not be agriculture under clause (A) of
a firm or other association of individuals; and
the Explanation to clause (o) of section 2;
(b) “director”, in relation to a firm means a partner (b) the period within which the statement may
in the firm. be filed under section 6;
40. Indemnity (c) the form of intimation under sub-sections
No suit or other legal proceeding shall lie against the (2) and (3) of section 7;
government or any officer of government in respect (d) the particulars to be mentioned in the
of anything, which is in good faith done or intended statement referred to in sub-section (1) of
to be done by or under this Act. section 6, sub-section (2) of Section 8, sub-
41. Cognisance of offences section (1) of section 15 and sub-section (1)
No Court shall take cognisance of any offence of section 16;
punishable under this Act except on complaint in (e) the manner of serving the draft statement
writing made by the competent authority or any under sub-section (3) of section 8;

(f) the manner of publishing the notification (p) the value of the court-fee stamp to be
under sub-section (1) of section 10; affixed on an application, appeal or other
(g) the time within which the competent proceedings under section 43;
authority shall dispose of a case under sub- (q) the other matter which is to be, or may be,
section (9) of section 11; provided for by rules under this Act.
(h) the time during which the competent (3) Every rule made under this section shall be laid,
authority or any person acting under the
as soon as may be, after it is made, before each
orders of such authority may enter upon
House of Parliament, while it is in session, for a
any vacant land under section 17;
total period of thirty days which may be
(i) the time within which and the form and the comprised in one session or in two or more
manner in which a declaration under sub-
successive sessions, and if, before the expiry of
section (1) of section 21 shall be made
the session immediately following the session or
before the competent authority;
the successive sessions aforesaid, both Houses
(j) the terms and conditions subject to which a agree in making any modification in the rule or
person permuted under sub-section (1) of both Houses agree that the rule should not be
section 21 may hold land in excess of the
made, the rule shall thereafter have effect only in
ceiling limit;
such modified form or be of no effect, as the
(k) the particulars to be mentioned in the case may be; so, however, that any such
statement referred to in sub-section (1) of modification or annulment shall be without
section 22; prejudice to the validity of anything previously
(l) the form in which an application under sub- done under that rule.
section (1) of section 24 may be made and
the particulars to be mentioned in such 47. Power to remove difficulties
application; (1) If any difficulty arises in giving effect to the
provisions of this Act, the central government,
(m) the form and the manner in which an may by order, do anything not inconsistent with
application for transfer of land may be such provisions which appears to it to be
made under sub--section (2) of section 27; necessary or expedient for the purpose of
(n) the powers of the competent authority removing the difficulty.
under clause (f) of section 31; (2) No order under sub-section (1) shall be made
(o) the appellate authority under sub-section (1) after the expiration of a period of two years
of section 33; from the commencement of this Act.

Annexure - XIII
The Urban Land (Ceiling And Regulation)

Repeal Act, 1999
[Act number 15 of 1999]
[March 18, 1999]
Preamble
An Act to repeal the Urban Land (Ceiling and Regulation) Act, 1976.
BE it enacted by Parliament in the fiftieth year of the Republic of India as follows:
1. Short title, application and commencement
(1) This Act may be called the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
(2) It applies in the first instance to the whole of the States of Haryana and Punjab and to all the union territories;
and it shall apply to such other state which adopts this Act by resolution passed in that behalf under clause (2)
of Article 252 of the Constitution.
(3) It shall be deemed to have come into force in the states of Haryana and Punjab and in all the union territories
on the 11th day of January, 1999 and in any other state which adopts this Act under clause (2) of Article 252
of the Constitution on the date of such adoption; and the reference to repeal of the Urban Land (Ceiling and
Regulation) Act, 1976 shall, in relation to any state or union territory, mean the date on which this Act comes
into force in such state or union territory.
2. Repeal of Act 33 of 1976
The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the principal Act) is hereby repealed.
3. Savings
(1) The repeal of the principal Act shall not affect -
(a) the vesting of any vacant land under sub-section (3) of section 10, possession of which has been taken over by
the state government or any person duly authorised by the state government in this behalf or by the competent
authority;
(b) the validity of any order granting exemption under sub-section (1) of section 20 or any action taken thereunder,
notwithstanding any judgment of any court to the contrary;
(c) any payment made to the state government as a condition for granting exemption under sub-section (1) of
section 20.
(2) Where -
(a) any land is deemed to have vested in the state government under sub-section (3) of section 10 of the principal
Act but possession of which has not been taken over by the state government or any person duly authorised by
the state government in this behalf or by the competent authority; and
(b) any amount has been paid by the state government with respect to such land, then, such land shall not be
restored unless the amount paid, if any, has been refunded to the state government.
4. Abatement of legal proceedings
All proceedings relating to any order made or purported to be made under the principal Act pending immediately
before the commencement of this Act, before any court, tribunal or other authority shall abate:
Provided that this section shall not apply to the proceedings relating to sections 11, 12, 13 and 14 of the principal
Act in so far as such proceedings are relatable to the land, possession of which has been taken over by the state
government or any person duly authorised by the state government in this behalf or by the competent authority.
5. Repeal and saving
(1) The Urban Land (Ceiling and Regulation) Repeal Ordinance, 1999 (Ord. 5 of 1999) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to
have been done or taken under the corresponding provisions of this Act.
Annexure XIV
Madhya Pradesh Patta Act, 1984

Act number 15 of 1984 (India)
Slum Dwellers Protection Act
(Amended in May 1998)
Section 3: Settlement of land

3(1) Notwithstanding anything contained in any law for the time being in force, the land occupied by a landless
person in any urban area on the 31st day of May 1998 shall subject to the provisions of sub-section (2) be
deemed to have been settled in his favour on the said date. (Tenure is allotted in the joint names of the head
of the household and spouse, subject to the provision that single woman or single man headed households
are not precluded from having full tenure rights.)
3(2) The authorised officer may either settle the land in actual occupation of the landless person not exceeding 450
sqft in leasehold rights in his favour or any other land up to 450 sqft.
3(3) The leasehold rights accrued under sub-section (1) shall not be transferable by sub-lease or in any other
manner whatsoever except by inheritance.
3(4) If the landless person to whom leasehold rights have accrued in respect of any land under this Act, transfers
such land in contravention of the provisions of sub-section (3), the following consequences shall ensue,
namely (i) the lease shall stand cancelled on the date of such transfer; (ii) such transfer shall be null and void; (iii)
no leasehold rights shall accrue to the transferee in respect of such land.
Section 4: Restoration of possession
4(1) If any landless person to whom leasehold rights have accrued in the land under section 3 is dispossessed from
that land or any part thereof otherwise than in due course of law, the authorised officer shall on an application
made to him by the said landless person within six months from the date of dispossession restore such
possession...
Section 5: Penalty
5(1) Any person who - (i) wrongfully dispossesses or attempts to dispossess an occupier of a dwelling house; or
(ii) recovers or attempts to recover rent in any manner from an occupier of a dwelling house-shall be punished
with rigorous imprisonment which shall not be less than three months....
Section 11 of Rules under the Act: Residents’ association

A residents association has been formed which consists of men and women not less than the age of 18 years
from the community. A residents association shall consist of a minimum of seven and a maximum of 15
members. Not less than 50 percent of the total members of a residents association shall be from the
scheduled castes, the scheduled tribes or other backward classes. Not less than one-third of the total number
of members shall be women according to Section 11. Every person who is a resident of the locality and who
is not less than 18 years of age shall be entitled to contest the election for a member of the resident association.
267
Annexure -XV
Basic services to the urban poor
Guidelines - 2005 management and financing of urban Infrastructure

Guidelines for the projects on basic services to the urban would be clearly delineated.
poor (BSUP), to be taken up under Jawahar Lal Nehru
3.4. Funds for identified cities would be released to
National Urban Renewal Mission (JNNURM) the designated state nodal agency, which in turn would
1. Need for sub-mission on basic services to leverage additional resources from the state
the urban poor (BSUP) under Jawahar Lal government, their own funds, funds of implementing
Nehru National Urban Renewal Mission agencies and funds from the financial institutions/
(JNNURM) private sector/capital market and external aid. A
As per 2001 population census, 285.35 million revolving fund would be created to take care of
people reside in urban areas. It constitutes 27.8percent operation and maintenance of various assets created
of the total population of the country. In post- under the mission.
Independence era while population of India has 4. Mission objectives
grown three times, the urban population has grown 4.1. Focused attention to integrated development of
five times. The rising urban population has also given basic services to the urban poor in the cities covered
rise to increase in the number of urban poor. As per under the Mission.
2001 estimates, the slum population is estimated to
be 61.8 million. The ever-increasing number of slum 4.2. Provision of basic services to urban poor
dwellers causes tremendous pressure on urban basic including security of tenure at affordable prices,
services and infrastructure. In order to cope with improved housing, water supply, sanitation and
massive problems that have emerged as a result of ensuring delivery through convergence of other
rapid urban growth, it has become imperative to already existing universal services of the Government
draw up a coherent urbanisation policy/strategy to for education, health and social security. Care will be
implement projects in select cities on mission mode. taken to see that the urban poor are provided housing
2. Mission statement near their place of occupation.
Reforms driven, fast track, planned development of 4.3. Secure effective linkages between asset creation
identified cities with focus on efficiency in urban and asset management so that the basic services to the
infrastructure/services delivery mechanism, urban poor created in the cities, are not only maintained
community participation and accountability of the efficiently but also become self-sustaining over time.
urban local bodies (ULBs) towards citizens.
4.4. Ensure adequate investment of funds to fulfill
3. Mission strategy deficiencies in the basic services to the urban poor.
3.1. Planned urban perspective frameworks for a
period of 20-25 years (with 5 yearly updates) indicating 4.5. Scale up delivery of civic amenities and provision
policies, Programmes and strategies of meeting fund of utilities with emphasis on universal access to urban
requirements would be prepared by every identified poor.
city. This perspective plan would be followed by
preparation of the Development plans integrating land 5. Duration of the mission
use with services, urban transport and environment The duration of the Mission would be seven years
management for every five-year plan period. In this beginning from the year 2005-2006. During this
context, a city development plan (CDP) would be period, the Mission will seek to ensure sustainable
required before the city can access mission funds. development of select cities. An evaluation of the
experience of implementation of the mission would
3.2. Cities will be required to prepare detailed project
be undertaken before the commencement of
reports for undertaking projects under identified areas.
eleventh five-year plan and if, necessary, the
3.3. Private sector participation in development, Programme calibrated suitably.

6. Scope of mission programme including specific project components, viz, health,
The main thrust of the sub-mission on basic services education and social security. However, the schemes
to the urban poor will be on integrated development of health, education and social security will be funded
of slums through projects for providing shelter, basic through convergence of schemes and dovetailing of
services and other related civic amenities with a view budgetary provisions available under the Programmes
to provide utilities to the urban poor. of respective sectors (health, human resource
development, social justice and empowerment and
7. Mission components labour, etc.), but will also be monitored by the ministry
The sub-mission on basic services to the urban poor of urban employment and poverty alleviation in so
will cover the following: far as urban poor are concerned.
(a) Admissible components 8. Sub-mission coverage
i. Integrated development of slums, i.e., housing 8.1. Keeping in view the paucity of resources and
and development of infrastructure projects in administrative constraints in taking up all cities and
the slums in the identified cities. towns under this sub-mission, only selected cities will
ii. Projects involving development/improvement/ be taken up, as per norms/criteria mentioned below.
maintenance of basic services to the urban poor.
Category number
iii. Slum improvement and rehabilitation projects. ‘A’ cities with 4 million plus population as per 2001
iv. Projects on water supply/sewerage/drainage, census population
community toilets/baths, etc. ‘B’ cities with 1 million plus but less than 4 million
v. Houses at affordable costs for slum dwellers/ population
urban poor/EWS/LIG categories. ‘C’ selected cities (of religious/historic and tourist
vi. Construction and improvements of drains/ importance)
storm water drains.
8.2. List of these cities is at Annexure-A
vii. Environmental improvement of slums and solid
8.3. The national steering group may consider
waste management. addition or deletion of cities/towns under Category-
viii. Street lighting. C (other than state capitals). Total number of cities
ix. Civic amenities, like, community halls, child care under the mission shall, however, remain about the
centres, etc. same i.e. 60.
x. Operation and maintenance of assets created 9. Agenda of reforms
9.1. The main thrust of the revised strategy of urban
under this component.
renewal is to ensure improvement in urban governance
xi. Convergence of health, education and social so that the urban local bodies (ULBs) and para-statal
security schemes for the urban poor agencies become financially sound with enhanced credit
NOTE: Land cost will not be financed except for rating and ability to access market capital for undertaking
new Programmes and expansion of services. In this
acquisition of private land for schemes/ projects in
improved environment, public-private participation
the north eastern states and hilly states, viz., Himachal
models for provisioning of various services would also
Pradesh, Uttaranchal and Jammu & Kashmir. become feasible. To achieve this objective, state
(b) Inadmissible Components: Projects pertaining governments, urban local bodies and parastatal agencies
to the following will not be considered: will be required to accept implementation of an agenda
of reforms. The proposed reforms shall broadly fall
i) Power into two categories:
ii) Telecom i) Mandatory reforms
iii) Wage employment Programme & staff ii) Optional reforms
component
9.2. List of mandatory and optional reforms is at
iv) Creation of fresh employment opportunities Annexure-B.
Note: The DPRs will have to be prepared by the 9.3. National Steering Group may add additional
implementing agencies for funding under the mission reforms to the identified reforms.
269 Basic services to the urban poor

10. Memorandum of agreement (MoA) Depending upon the cost of the projects under the sub-
The state governments and the ULBs/Parastatals will mission on the BSUP, ministry of urban employment
be required to execute a memorandum of agreement and poverty alleviation will ensure approval of competent
(MoA) with the Government of India indicating their authorities as envisaged in the ministry of finance
commitment to implement the identified reforms. (department of expenditure) O.M.No. 1(26)-E.II(A)/
The MOA would also spell out specific milestones to 2002 dated 21.12.2002 as amended from time to time.
be achieved for each item of reform. Signing of
this tripartite MOA will be a necessary condition to Sanction of projects under the mission
access central assistance. This tripartite MoA would There would be a central sanctioning and monitoring
be submitted along with detailed project reports committee in the ministry of urban employment and
(DPRs). The central assistance will be predicated upon poverty alleviation for sanctioning the projects submitted
the state governments and the ULBs/parastatals by identified states, which would comprise:
agreeing to the reforms platform. Secretary (UEPA) –– chairman
11. National Steering Group under JNNURM Secretary (UD) –– member
11.1. To steer the mission objectives, a national steering Principal adviser (HUD), Planning Commission –– member
group will be constituted. The composition of the Joint Secretary & FA –– member
national steering group will be as follows: Chief Planner, TCPO –– member
Adviser, CPHEEO –– member
National steering group
CMD, HUDCO –– member
Minister for urban development –– chairman
Joint Secretary (UEPA) –– member-secretary
Minister for urban employment & poverty alleviation
––co-chairperson The Committee would assign priority in sanctioning projects
Secretary (UEPA) –– member of housing and development of infrastructure, basic
Secretary, Planning Commission –– member services and other related civic amenities.
Secretary (Expenditure) –– member
National technical adviser __ member Projects with private sector participation will be given
Secretary (urban development) –– member-convener priority over projects to be executed by the ULBs/
parastatals themselves, as this will help leverage private
11.2. The national steering group may consider
capital and bring in efficiency.
addition or deletion of cities/towns under Category
C (other than state capitals). The total number of Advisory group
cities under the mission shall, however, remain around In addition, at the national level, an advisory group would
the same. be constituted for the mission/sub-mission. The Group
would be headed by a technical adviser drawn from civil
11.3. Under sub-mission on the BSUP, a high level
Committee will be set up under the chairmanship society with proven experience in mobilising collective
of Minister (UEPA). action for reforms in urban governance. The group would
enable the mission to create similar voluntary technical corps
Mission directorate in each city identified for the missions/sub-mission… It
There shall be a mission directorate under the charge of would encourage private sector participation, citizen’s
joint secretary under ministry of urban employment and involvement in urban governance at grassroots level and
poverty alleviation for ensuring effective co-ordination transparency in municipal governance.
with state governments and other agencies for expeditious
processing of the project proposals. The joint secretary State Level steering committee
in-charge of the mission directorate would be designated In order to decide projects and their priorities for
as mission director. The national technical adviser would inclusion in the National Urban Renewal Mission
also be kept associated with the mission directorate. programme, there would be a state level steering
committee with following composition:
Appraisal of projects
The detailed project reports would be scrutinised by the i. Chief Minister of the state/ — chairman
technical wing(s) of the ministry or specialised/technical Minister for urban development/ Minister for
agencies to be outsourced for the purpose before placing housing of the state
such proposals for sanction by central sanctioning and ii. Minister, urban development/ – vice-chairman
monitoring committee. minister housing of the state

iii. Concerned mayors/chairpersons of the ULBs – Central share
member State/ULB/ parastatal share, including
iv. Concerned MPs/MLAs – member Beneficiary contribution
v. Secretary, Finance of the state government – member Cities with four million plus population as per 2001 census
fifty-fifty percent
vi. Secretary (PHE) of the state government – member Cities with million plus but less than 4 million population
vi. Secretary (municipal administration/affairs) – as per 2001 census fifty percent fifty percent
member Cities/towns in North Eastern States and Jammu &
vii. Secretary (housing) of the state government – Kashmir ninety percent ten percent
member Other Cities 80 percent:20 percent
viii. Secretary (UD)/LSG/municipal affairs – member- Note: The percentage is on the total project cost. The
secretary central assistance, as aforesaid, would be the maximum
Nodal agency assistance available under the JNNURM. The central
The scheme would be implemented through a state level assistance provided under the mission can be used to
nodal agency designated by the state government. The leverage market capital, if and where required.
nodal agency would, inter-alia, perform following
Mobilisation of state share
functions:
If necessary, internal resources of implementing agencies,
a. Appraisal of the projects submitted by the ULBs/ Member of Parliament local area development and member
para-statal agencies; of legislative assembly local area development funds may
b. Obtaining sanction of state level steering committee be substituted for institutional finance or for state/ULB/
for seeking assistance from central government under parastatal share. However, MPLAD/MLALAD fund
JNNURM; would not substitute beneficiary contribution.
c. Management of grants received from the central and In case any mission project is also approved as externally
state government; aided project (EAP), the EAP funds can be passed through
d. Release of funds to the ULBs/Para-statal agencies as ACA to the state government as funds contributed by
either as grant, or soft loan or grant cum loan. the state / ULBs / FIs and mission funds can be used as
Government of India contribution.
e. Management of revolving fund;
f. Monitoring physical and financial progress of Beneficiary contribution
sanctioned projects; Housing should not be provided free to the beneficiaries
by the state government. A minimum of 12percent
g. Monitor implementation of reforms as committed
beneficiary contribution should be stipulated, which in
in the MoA.
the case of SC/ST/BC/OBC/PH and other weaker
Revolving fund sections shall be 10percent.
Under sub-mission on the basic services to the urban In order to enable cities to prepare city development
poor (BSUP), wherever state level nodal agency releases plan, detailed project reports (DPRs), training & capacity
the central and state funds to the implementing agencies building, community participation, information,
as soft loan or grant-cum-loan, it would ensure that at education and communication (IEC), a provision of five
least 10percent of the funds released are recovered and percent of the grant (central and state) or the actual
ploughed into the revolving fund. This fund will be utilised requirement, whichever is less, would be set apart for
to meet operation & maintenance expenses of the assets cities covered under the mission.
created under the Sub-Mission. At the end of the mission
period, the revolving fund may be graduated. In addition, not more than five percent of the grant
(central and state) or the actual requirement, whichever is
The state basic servicses to the urban poor fund less, may be used for administrative and other expenses
Financing pattern (A&OE) by the states.
Financing of projects under the mission would be as
under: Release of funds
Grant The funds would be released as far as possible in four
Category of cities instalments by the ministry of urban employment and

poverty alleviation as additional central assistance (100 monitor the progress of projects sanctioned under
percent grant in respect of central share) to the state the mission.
government or its designated state level agencies. The Monitoring of progress of implementation of reforms
first instalment of 25 percent will be released on signing may be outsourced to specialised/technical agencies.
of the memorandum of agreement by the state
government/ULB/ parastatal for implementation of the Annexure-A
JNNURM projects. The balance amount of assistance List of Identified cities/urban agglomerations (UAs)
shall be released as far as possible in three instalments under sub-mission on basic services to the urban poor
upon receipt of utilisation certificates to the extent of 70 (BSUP)
percent of the central fund and also that of state/ULB/
parastatal share, and subject to achievement of milestones Serial number
agreed for implementation of mandatory and optional City name of the state population (in lakh)
reforms at the state and ULB level as envisaged in the a) Mega Cities/UAs
memorandum of agreement. Outcomes of Jawahar Lal 1. Delhi 128.77
Nehru National Urban Renewal Mission on completion 2. Greater Mumbai, Maharashtra 164.34
of the mission period of seven years, it is expected that 3. Ahmedabad, Gujarat 45.25
the ULBs will achieve the following outcomes: 4. Bangalore, Karnataka 57.01
5. Chennai, Tamil Nadu 65.60
Modern and transparent budgeting, accounting, 6. Kolkata, West Bengal 132.06
financial management systems, designed and adopted
7. Hyderabad, Andhra Pradesh 57.42
for all urban services and governance functions;
City-wide framework for planning and governance b) Million-plus Cities/UAs
will be established and become operational; 1. Patna, Bihar 16.98
All urban poor people will be able to obtain access 2. Faridabad, Haryana 10.56
to a basic level of urban services; 3. Bhopal, Madhya Pradesh 14.58
Financially self-sustaining agencies for urban 4. Ludhiana, Punjab 13.98
governance and service delivery will be established, 5. Jaipur, Rajasthan 23.27
through reforms to major revenue instruments; 6. Lucknow, Uttar Pradesh 22.46
Local services and governance will be conducted in a 7. Madurai, Tamil Nadu 12.03
manner that is transparent and accountable to citizens; 8. Nashik, Maharashtra 11.52
E-governance applications will be introduced in core 9. Pune, Maharashtra 37.60
functions of the ULBs resulting in reduced cost and 10. Cochin, Kerala 13.55
time of service delivery processes. 11. Varanasi, Uttar Pradesh 12.04
Monitoring progress of projects sanctioned under 12. Agra, Uttar Pradesh 13.31
the mission with a view to fine-tuning and calibrating 13. Amritsar, Punjab 10.03
activities, evaluation of experience under the mission 14. Visakhapatnam, Andhra Pradesh 13.45
will be carried out before continuation in the eleventh 15. Vadodara, Gujarat 14.91
plan. A provision of five percent of the grant will 16. Surat, Gujarat 28.11
be earmarked under the ministry’s budget for 17. Kanpur, Uttar Pradesh 27.15
undertaking evaluation of the mission. 18. Nagpur, Maharashtra 21.29
Ministry of urban employment & poverty alleviation 19. Coimbatore, Tamil Nadu 14.61
will periodically monitor the scheme. 20. Meerut, Uttar Pradesh 11.61
State level nodal agency would send quarterly 21. Jabalpur, Madhya Pradesh 10.98
progress report to the ministry of urban employment 22. Jamshedpur, Jharkhand 11.04
& poverty alleviation. 23. Asansol, West Bengal 10.67
Upon completion of the project, nodal agency 24. Allahabad, Uttar Pradesh 10.42
through the state government, would submit 25. Vijayawada, Andhra Pradesh 10.39
completion report in this regard. 26. Rajkot, Gujarat 10.03
Central sanctioning & monitoring committee may 27. Dhanbad, Jharkhand 10.65
meet as often as required to sanction and review/ 28. Indore, Madhya Pradesh 16.40

c) Identified cities/UAs with less than one million iv) Levy of reasonable user charges by the ULBs/
population parastatals with the objective that full cost of
1. Guwahati, Assam 8.19 operation and maintenance is collected within the
2. Itanagar, Arunachal Pradesh 0.35 Mission period. However, cities/towns in the north-
3. Jammu, Jammu & Kashmir 6.12 east and other special category states may recover at
4. Raipur, Chhattisgarh 7.00 least 50 percent of operation and maintenance charges
5. Panaji, Goa 0.99 initially. These cities/towns should graduate to full
6. Shimla, Himachal Pradesh 1.45 O&M cost recovery in a phased manner.
7. Ranchi, Jharkhand 8.63 v) Internal earmarking within local body budgets for
8. Thiruvananthapuram, Kerala 8.90 basic services to the urban poor.
9. Imphal, Manipur 2.50
vi) Provision of basic services to urban poor including
10. Shillong, Meghalaya 2.68
security of tenure at affordable prices, improved
11. Aizawal, Mizoram 2.28
housing, water supply, sanitation and ensuring delivery
12. Kohima, Nagaland 0.77
of other already existing universal services of the
13. Bhubaneswar, Orissa 6.58
government for education, health and social security.
14. Gangtok, Sikkim 0.29
15. Agartala, Tripura 1.90 State Level Reforms
16. Dehradun, Uttaranchal 5.30 i) Implementation of decentralisation measures as
17. Bodh Gaya, Bihar 3.94 envisaged in the seventy fourth Constitutional
18. Ujjain, Madhya Pradesh 4.31 Amendment. States should ensure meaningful
19. Puri, Orissa 1.57 association/engagement of the ULBs in planning
20. Ajmer-Pushkar, Rajasthan 5.04 function of parastatals as well as delivery of services
21. Nainital, Uttaranchal 2.20 to the citizens.
22. Mysore, Karnataka 7.99 ii) Rationalisation of stamp duty to bring it down to
23. Pondicherry, Pondicherry 5.05 no more than 5 percent within the mission period.
24. Chandigarh, Punjab & Haryana 8.08
iii) Enactment of community participation law to
25. Srinagar, Jammu & Kashmir 9.88
26. Haridwar, Uttaranchal 2.21 institutionalise citizen participation and introducing
27. Mathura, Uttar Pradesh 3.23 the concept of the area sabha in urban areas.
28. Nanded, Maharashtra 4.31 iv) Assigning or associating elected ULBs into “city
planning function” over a period of five years;
All state capitals and capitals of two union territories transferring all special agencies that deliver civic services
with legislatures are proposed to be covered. The national
in urban areas and creating accountability platforms
steering group may add or delete cities/towns under
for all urban civic service providers in transition.
category-C other than the state capitals. However, the
total number of category-C cities under JNNURM will Optional reforms
be kept at a reasonable level. i) Repeal of the Urban Land Ceiling and Regulation
Annexure-B Act.
Urban reforms may include: ii) Amendment of Rent Control Laws balancing the
Mandatory Reforms: interest of landlords and tenants.
Urban Local Body Reforms (at ULB Level) iii) Enactment of Public disclosure law to ensure
i) Adoption of modern, accrual-based double entry preparation of medium-term fiscal plan of ULBs
system of accounting in the urban local bodies. and release of quarterly performance information
ii) Introduction of system of e-governance using IT to all stakeholders.
applications like GIS and MIS for various services
iv) Revision of bye-laws to streamline the approval
provided by the ULBs.
process for construction of buildings, development
iii) Reform of property tax with the GIS, so that it
of sites, etc.
becomes major source of revenue for the ULBs
and arrangements for its effective implementation v) Simplification of legal and procedural frameworks
so that collection efficiency reaches at least 85 percent for conversion of agricultural land for non-
within the mission period. agricultural purposes.

vi) Introduction of property title certification system in schemes, non-filling up of posts falling vacant due
the ULBs. to retirement etc., and achieving specified milestones
vii) Earmarking at least 20-25 percent of developed land in this regard.
in all housing projects (both public and private
xii) Structural reforms
agencies) for the EWS/LIG category with a system
of cross subsidisation. xiii) Encouraging public-private partnership.
viii) Introduction of computerised process of registration
of land and property. NOTE: States/ULBs will be required to implement all
ix) Revision of bye-laws to make rain water harvesting the mandatory reforms and optional reforms within the
mandatory in all buildings to come up in future and mission period. The states/ULBs need to choose at least
for adoption of water conservation measures. two optional reforms each year for implementation. The
x) Bye-laws on reuse of recycled water. details of reforms which have already been implemented
xi) Administrative reforms, i.e., reduction in and/or proposed to be taken up should be included in
establishment by bringing out voluntary retirement the detailed project reports.

Annexure - XVI
Integrated Housing & Slum Development

Programme
Guidelines - 2005 disadvantaged sections of the slum population and
1. Introduction difficult areas.
1.1 Integrated Housing & Slum Development
4. Components
Programme (IHSDP) aims at combining the
4.1 The components for assistance under the scheme
existing schemes of VAMBAY and NSDP under
will include all slum improvement/ upgradation/
the new IHSDP Scheme for having an integrated
relocation projects including upgradation/new
approach in ameliorating the conditions of the
construction of houses and infrastructural facilities, like,
urban slum dwellers who do not possess adequate
water supply and sewerage. Cost of land for such
shelter and reside in dilapidated conditions.
projects will not be provided under the programme
1.2 The scheme is applicable to all cities and towns and has to be borne by the state government. In case
as per 2001 census except cities/towns covered the project is to be undertaken on private land, which
under Jawahar Lal Nehru National Urban is to be acquired by the state, cost of land may also be
Renewal Mission (JNNURM). part of the project costing only in the case of the
north eastern states and the hilly states of Himachal
1.3 The scheme seeks to enhance public and private Pradesh, Uttaranchal and Jammu & Kashmir.
investments in housing and infrastructural
development in urban areas. 4.2 Title of the land: Title of the land should
preferably be in the name of the wife and alternatively
2. Objectives jointly in the names of husband and wife. In
The basic objective of the Scheme is to strive for exceptional cases, title in the name of male beneficiary
holistic slum development with a healthy and enabling may be permitted.
urban environment by providing adequate shelter and
basic infrastructure facilities to the slum dwellers of 4.3. A&OE: Not more than 5percent of the total
the identified urban areas. allocation of funds under the scheme for A&OE
purposes for preparation of project reports and for
3. Coverage administrative purposes which may be distributed among
3.1 The scheme will apply to all cities/towns, excepting Ministry and States/UTs/Implementing Agencies.
cities/towns covered under JNNURM. The target
group under the scheme is slum dwellers from all 4.4 Ceiling cost for dwelling unit: will be @
sections of the community through a cluster approach. Rs.80,000 per unit for cities other than those covered
under the Jawahar Lal Nehru National Urban
3.2 Allocation of funds among states will be on the Renewal Mission (JNNURM). This ceiling cost will,
basis of the states’ urban slum population to total however, be reviewed after one year. For special
urban slum population in the country. category/hilly states and difficult/far flung areas, 12.5
3.3 States may allocate funds to towns/cities basing percent additionality will be permissible over and
on similar formula. However, funds would be above the prescribed ceiling cost per dwelling unit.
provided to only those towns and cities where 4.5 Selection of beneficiaries: By SUDA/
elections to local bodies have been held and elected DUDA/ULBs/government nodal agency authorised
bodies are in position. by the state government.
3.4 The State Governments may prioritise towns 4.6 Minimum floor area of dwelling unit: Not
and cities on the basis of their felt-need. While less than 25 sq mtrs area and preferably two room
prioritising towns, States would take into account accommodation plus kitchen and toilet should be
existing infrastructure, economically and socially constructed.
275
4.7 Infrastructure development and maintenance empowerment and labour, etc.), but will also be
in the slums: State governments should ensure a monitored by the ministry of urban employment
separate provision for upkeep and maintenance of and poverty alleviation in so far as urban poor are
the public assets created under the scheme. concerned.
4.8 Beneficiary contribution: Housing should not 4.10 The scheme may be converged with other state
be provided free to the beneficiaries by the state sectoral and departmental Programmes relating to
government. A minimum of 12 percent beneficiary achieving social sector goals similar to those envisaged
contribution should be stipulated, which in the case in this scheme.
of SC/ST/BC/OBC/PH and other weaker sections 5. Financing pattern
shall be 10 percent. 5.1 The sharing of funds would be in the ratio of
80:20 between the central government and state
4.9 Admissible components
government/ULB/ parastatal. States/implementing
i) Provision of shelter including upgradation and
agencies may raise their contribution from their own
construction of new houses.
resources or from beneficiary contribution/ financial
ii) Provision of community toilets. institutions.
iii) Provision of physical amenities like water supply, 5.2 For special category states, the funding pattern
storm water drains, community bath, widening between Centre and the states will be in the ratio of
and paving of existing lanes, sewers, community 90:10.
latrines, street lights, etc.
5.3 Funds from the MPLAD/MLALAD could be
iv) Community infrastructure like provision of canalised towards project cost and to that extent state
community centres to be used for pre-school share could be suitably reduced. However, the
education, non-formal education, adult MPLAD/MLALAD fund would not substitute
education, recreational activities, etc. beneficiary contribution.
v) Community primary health care centre buildings 5.4 The scheme will be implemented through a
can be provided. designated state level nodal agency.
vi) Social amenities like pre-school education, non- 5.5 In case externally aided project (EXP) funds are
formal education, adult education, maternity, available, these can be passed through as ACA to the
child health and primary health care including state government as funds contributed by the state/
immunisation, etc. ULBs/FIs.
vii) Provision of model demonstration projects. 6. Release of central assistance
viii) Sites and services/houses at affordable costs for 6.1. Central assistance (grant) released will go directly
the EWS and LIG categories. to the nodal agencies identified by the state
ix) Slum improvement and rehabilitation projects. government as additional central assistance.
x) Land acquisition cost will not be financed except 6.2 Release of the central share to nodal agency will
for acquisition of private land for schemes/ depend on availability of state share and submission
projects in the northeastern states and hilly states, of utilisation certificates in accordance with the
viz., Himachal Pradesh, Uttaranchal and Jammu provisions of general financial rules (GFRs).
and Kashmir. 6.3 The criteria for release of funds are as under: State
share has to be deposited in a separate account to
Note: The DPRs will have to be prepared by the
become eligible for the central grant. Fifty percent of
implementing agencies for funding under the IHSDP
including specific project components, viz, health, the central grant will be released to the state nodal agency
education and social security. However, the schemes after verification of the state share, and on signing the
of health, education and social security will be funded tripartite memorandum of agreement. Second
through convergence of schemes and dovetailing of installment will be released based on the progress.
budgetary provisions available under the 7. Incentives
Programmes of the respective sectors (health, human 7.1 After due assessment of status of implementation
resource development, social justice and of activities for which incentives are sought,

central sanctioning committee /state level co- 10. State level coordination committee (SLCC)
ordination committee may sanction/recommend 10.1 The composition of the state level coordination
additional central grant upto a maximum of 10 committee (SLCC) will be decided by the states.
percent to incentives implementing agencies as 10.2 The SLCC will ensure the following
indicated below:
• For adoption of innovative approaches and a. Examine and approve project reports
adoption of proven and appropriate submitted by the local bodies/implementing
technologies. agencies taking into account the appraisal
reports;
• For information, education and
communication (IEC) b. Periodically monitor the progress of
sanctioned projects/ schemes including funds
• For training and capacity building relating
mobilisation from financial institutions.
to project/ scheme.
c. Review the implementation of the scheme
• For preparation of detailed project reports.
keeping in view its broad objectives and
• For bringing about efficiencies in the projects. ensure that the Programmes taken up are in
8. State level nodal agency accordance with the guidelines laid down.
8.1 The state government may designate any existing d. Review the progress of urban reforms being
institution as nodal agency for implementation undertaken by the ULBs/ implementing
of the scheme. agencies.
8.2 The nodal agency will be responsible for the 10.3 The SLCC shall meet as often as required but
following: shall meet quarterly to review the progress of
(i) Inviting project proposals from theULBs/ ongoing projects and for sanction new projects.
Implementing agencies;
(ii) Techno-economic appraisal of the projects
11. Central sanctioning committee
either through in-house expertise or by 11.1 The composition of the central sanctioning
outside agencies through outsourcing; committee (CSC) will be as per the VAMBAY
Scheme with following composition:
(iii) Management of funds received from the
central and state governments; i) Secretary, UEPA - chairperson
(iv) Disbursement of the funds as per the ii) Joint Secretary (UEPA) - member
financing pattern given in the guidelines; iii) JS&FA - member
(v) Furnishing of utilisation certificates, in iv) JS(UD) - member
accordance with the provisions of the GFRs, v) CMD, HUDCO - member
and quarterly physical and financial progress
vi) Director(UPA) - convener
reports to the ministry of urban
development; 11.2 The CSC will examine and approve the
(vi) Maintenance of audited accounts of funds projects relating to the housing and integrated
released to the ULBs and implementing projects on housing and infrastructure
agencies development, submitted by the state nodal
agencies on the recommendations of the state
9. Project appraisal level co-ordination committee.
9.1 Urban local bodies and implementing agencies
11.3 The state level co-ordination committee will
will submit detailed project reports to the
examine and approve the projects relating to
designated State Level nodal agencies for appraisal. providing only basic amenities/ improvement
9.2 The state level nodal agency will forward the of infrastructure to the slum dwellers.
appraised projects to ministry of urban 12. Agenda of reforms
employment and poverty alleviation for The main thrust of the revised strategy of urban renewal
consideration of the CSC/state level including providing basic services to the urban poor
coordination committee, as the case may be. (BSUP) is to ensure improvement in urban governance
277 Inegrated Housing & Slum Dev. Programme

so that urban local bodies (ULBs) and para-statal agencies 15.2 The implementing agencies at the ULB/
become financially sound with enhanced credit rating and implementing agency level will be required to open
ability to access market capital for undertaking new and maintain separate bank account for each project
programmes and expansion of services. In this improved in a commercial bank for receipt and expenditure
environment, public-private participation models for of all money to be received and spent. The ULBs/
provisioning of various services would also become implementing agencies should maintain registers for
feasible. To achieve this objective, state governments, utilisation of funds separately for central and state
urban local bodies and parastatal agencies will be required shares and loan from financial institutions.
to accept implementation of an agenda of reforms. The
15.3 The nodal agency will maintain institution-wise
proposed reforms shall broadly fall into two categories:
and project-wise accounts under the scheme.
i) Mandatory reforms
15.4 Projects taken up under the on-going schemes
ii) Optional reforms
under VAMBAY during the last five years beginning
List of mandatory and optional reforms is at from 2001-2002 will continue to be funded as per
Annexure. National Steering Group may add the existing guidelines of VAMBAY Scheme till
additional reforms to the identified reforms. completion of those projects. Further, till the IHSDP
Scheme is put in place, even fresh proposals may be
The state governments, ULBs and para-statal agencies
taken up under VAMBAY for the year 2005-06.
will be required to execute a memorandum of
agreement (MoA) with the Government of India 15.5 Ministry of urban employment and poverty
committing to implement the reform programme. alleviation, in consultation with the ministry of finance,
MoA would also spell out specific milestones to be may effect changes in the scheme guidelines, other
achieved for each item of reform. Signing of this than those affecting the financing pattern as the scheme
tri-partite MoA will be a necessary condition to access proceeds, if such changes are considered necessary.
central assistance.
Annexure
13. Monitoring Urban reforms
• Ministry of urban employment and poverty alleviation Urban reforms may include: Mandatory reforms:
will periodically monitor the scheme through designated Urban Local Body Reforms (at ULB Level)
officer of the ministry for each state/UT.
i) Adoption of modern, accrual-based double entry
• State level nodal agency would send quarterly progress system of accounting in urban local bodies.
report to the ministry of MoUEPA.
ii) Introduction of system of e-governance using IT
• The SLCC/CSC would ensure quarterly monitoring applications like GIS and MIS for various services
of various projects recommended/ sanctioned under the provided by the ULBs.
Programme.
iii) Reform of property tax with the GIS, so that it
14. Training and capacity building becomes major source of revenue for the urban local
The central and state governments will make bodies (ULBs) and arrangements for its effective
continuous efforts for training and up-gradation of implementation so that collection efficiency reaches
the skills of the personnel responsible for the project at least 85 percent within the Mission period.
and the elected representatives. The state government iv) Levy of reasonable user charges by ULBs/Parastatals
may organise suitable training as well as capacity with the objective that full cost of operation and
building programmes through reputed institutions maintenance is collected within the Mission period.
in the field. The same will form part of DPR to be However, cities/towns in the northeast and other
submitted by the implementing agency. special category states may recover at least 50 percent
15. Miscellaneous of operation and maintenance charges initially. These
15.1 It will be the responsibility of the urban local cities/towns should graduate to full O&M cost
bodies/implementing agencies to keep an inventory recovery in a phased manner.
of assets created and also to maintain and operate v) Internal earmarking within local body budgets for basic services
the assets and facilities created. to the urban poor.

vi) Provision of basic services to urban poor including security of v) Simplification of legal and procedural frameworks
tenure at affordable prices, improved housing, water supply, for conversion of agricultural land for non-
sanitation and ensuring delivery of other already existing universal agricultural purposes.
services of the government for education, health and social security. vi) Introduction of property title certification system in
State level reforms the ULBs.
i) Implementation of decentralisation measures as vii) Earmarking at least 20-25percent of developed land
envisaged in the 74th Constitutional Amendment. in all housing projects (both Public and private
States should ensure meaningful association/
agencies) for the EWS/LIG category with a system
engagement of the ULBs in planning function of
parastatals as well as delivery of services to the citizens. of cross subsidisation.
ii) Rationalisation of stamp duty to bring it down to viii) Introduction of computerised process of registration
no more than 5 percent within the Mission period. of land and property.
iii) Enactment of community participation law to ix) Revision of bye-laws to make rain water harvesting
institutionalise citizen participation and introducing mandatory in all buildings to come up in future and
the concept of the Area Sabha in urban areas. for adoption of water conservation measures.
iv) Assigning or associating elected ULBs into “city x) Bye-laws on reuse of recycled water.
planning function” over a period of five years;
transferring all special agencies that deliver civic services xi) Administrative reforms, i.e., reduction in
in urban areas and creating accountability platforms establishment by bringing out voluntary retirement
for all urban civic service providers in transition. schemes, non-filling up of posts falling vacant due
to retirement etc., and achieving specified milestones
Optional reforms in this regard.
i) Repeal of theUrban Land Ceiling and Regulation
Act. xii) Structural reforms
ii) Amendment of Rent Control Laws balancing the xiii) Encouraging public-private partnership.
interest of landlords and tenants.
NOTE: States/ULBs will be required to implement the
iii) Enactment of Public Disclosure Law to ensure
preparation of medium-term fiscal plan of the ULBs mandatory reforms and optional reforms within the
and release of quarterly performance information mission period. The states/ULBs need to choose at least
to all stakeholders. two optional reforms each year for implementation. The
iv) Revision of bye-laws to streamline the approval details of reforms, which have already been implemented
process for construction of buildings, development and/or proposed to be taken up should be included in
of sites, etc. the detailed project reports.
279 Inegrated Housing & Slum Dev. Programme

Annexure XVII
The Valmiki Ambedkar Awas Yojana
T
he Valmiki Ambedkar Awas Yojana (VAMBAY) Two million housing programme
was launched by Government of India in 2001- The Government of India is implementing two million
02 to provide shelter or upgrade the existing housing units programme since 1998, which envisages
shelter for people living below poverty line in urban slums construction of 20 lakh additional houses every year. Out
which will help in making cities slum free. of the 20 lakh houses, 13 lakhs are to be constructed in
rural areas and seven lakh in urban area. Under this
This scheme has an objective to provide shelter and
programme, every year HUDCO has been entrusted with
upgrade the existing shelter for below poverty line families
the task of providing loan assistance to facilitate the
in urban slums. The scheme is shared on 50:50 basis with construction of six lakh houses in rural houses & four
states. Preference is given to women headed households. lakh in urban areas.
The government will release subsidy on a 1:1 basis with
loan. Also a national city sanitation project under one title There is at present no housing scheme in the central sector
of “Nirmal Bharat Abhiyan” is an integral sub for the urban poor. There are two central sector
component of VAMBAY in which 20% of total programmes targeted towards the urban poor, namely,
allocation under VAMBAY wil be used. SJSRY and NSDP. SJSRY attempts to provide
employment in order to bring the urban poor above the
VAMBAY is a national level housing scheme of the poverty line while NSDP is basically a programme for
ministry of urban employment & poverty alleviation, the environmental improvement of urban slums. The
Government of India for the benefit of the slum dwellers. urban poverty alleviation strategy is incomplete without
The objective of VAMBAY is primarily to provide shelter a significant component pertaining to housing delivery
or upgrade the existing shelter for people living below for the slum dwellers.
poverty line in urban slums in a march towards the goal In order to fill this gap in a major policy initiative, the prime
of cities without slums and for enabling healthy urban minister announced a new centrally sponsored scheme called
environment. The target group under VAMBAY is all the Valmiki Ambedkar Awas Yojana (VAMBAY) on
slum dwellers in urban areas who are below the poverty the August 15, 2001 to ameliorate the conditions of the
line including members of economically weaker section urban slum dwellers living below poverty line.
(EWS) who do not possess pucca shelter.
The objective of VAMBAY is primarily to provide shelter
VAMBAY is a centrally sponsored Scheme shared on a or upgrade the existing shelter for people living below the
50:50 basis, which envisages an annual subsidy of Rs 1000 poverty line in urban slums in a march towards the goal of
crores from ministry of urban employment & poverty slumless cities with a healthy and enabling urban environment.
alleviation, Government of India, to be matched by an The target group under VAMBAY will be all slum dwellers
equal amount of long term loan from HUDCO to be in urban areas who are below the poverty line including
availed against state government guarantee. members of EWS who do not possess adequate shelter.
The Ministry of urban employment & poverty alleviation, Another very important basic amenity for slum dwellers
Government of India, has sanctioned Rs. 75 Lakhs to especially in congested metropolitan cities is the lack of
Building Materials & Technology Promotion Council rudimentary toilet facilities. A new national city sanitation
(BMTPC), an autonomous body of the ministry, for project under the title of the “National Bharat Abhiyan”
construction of 125 VAMBAY houses as demonstration is an integral sub component of VAMBAY. 20% of the
housing project using cost effective building materials total allocation under VAMBAY will be used for the same
and construction techniques. at the rate of Rs 200 crore as loan from HUDCO and Rs

200 crore as subsidy. The state governments/local bodies and drainage facilities should be ensured under these
of course will be free to supplement this amount with programmes. On an average, 25% of the funds under
their own grant or subsidy as the case may be. The average the scheme will be spent for providing water and sanitation
cost of community toilet seat has been estimated to be Rs facilities including approximately 20% of the amount for
40,000/- per seat. Therefore, a 10-seat or a 20-seat toilet community sanitation project – Nirmal Bharat Abhiyan.
block meant for men, women and children with separate
Selection of beneficiaries will be made by SUDA/
compartments for each group and special design features
DUDA in consultation with the local authorities. Help
will cost around Rs four lakhs or Rs eight lakhs respectively.
of reputed NGOs may be enlisted. They will also
Each toilet block will be maintained by a group from
formulate projects, prepare estimates and submit the
among the slum dwellers who will make a monthly
same for sanction to the state government, which will in
contribution of about Rs.20 or so per family and obtain a
turn recommend them to the Government of India for
monthly pass or family card.
release of funds allocated for each state.
During the financial year, 2001-02, a limited sum of Rs
In selecting the beneficiaries the following reservation/
100 crore was made available out of the savings of the
percentage will be followed:
ministry of urban development. However, during the
Tenth Plan period when VAMBAY launched, the annual 1. SC/ST - not less than 50%
allocation was Rs 1000 crores, which matched with a
2. Backward classes - 30%
long-term loan by HUDCO of Rs 1000 crore on a 1:1
basis. The rate of interest of this loan will be the same as 3. Other weaker sections - 15% (OBC, BC, etc.)
the rate of interest charged by HUDCO for EWS housing. 4. Physical & mentally - 5%
State government has the option to mobilise its matching disabled & handicapped
portion of 50% from other sources, such as their own persons and others.
budget provision, resources of local bodies, loans from
other agencies, contributions from beneficiaries or NGOs, After identification of the beneficiaries, the latter must
etc. In all cases, however, the Government of India be provided title as a pre-condition for the loan or
subsidy will only be released after the states’ subsidy. This may be done by the state government/
matching share of 50% has been released. Both the local body either by regularisation in-situ or by relocation.
subsidy and the loan (when it is required) will be released The title to the land should be in the name of the husband
by HUDCO. The funds will be released by HUDCO and wife jointly or preferable in the name of the wife.
either to the State Urban Development Agency (SUDA), Till the repayment of the loan, if any, the house built
District Urban Development Agency (DUDA) or any with VAMBAY funds along with the land shall be
other agency designated by the state government. mortgaged to the State government / implementing
agency. It may please be noted that no provision is
Integrated low cost sanitation scheme made for land acquisition in VAMBAY. No hard
The Government of India, ministry of urban affairs and and fast type/design is prescribed for VAMBAY dwelling
employment and ministry of welfare alongwith HUDCO units. However, the plinth area of a new house should
have joined hands in taking up a major programme for normally be not less than 15 sq. mts.
integrated low cost sanitation for conversion of dry latrine
The upper financial limit for construction of VAMBAY
system into water borne low cost sanitation system and
units normally will be Rs 40,000/- with provision for
at the same time liberating the manual scavengers through
sanitary toilet also. However, for metro cities with more
appropriate rehabilitation measures. In addition, than 1-month population, it will be Rs 50,000/- and mega
HUDCO has also been extending assistance to basic cities (Delhi, Mumbai, Kolkata, Chennai, Hyderabad and
sanitation schemes. Bangalore) it will be Rs 60,000/- per unit. In hilly and
The Government of India has programme for complete difficult areas this ceiling may be enhanced by 12.5%. A
eradication of manual scavenging in the country. portion, say 20% of the funds may be used also for
HUDCO’s contribution to integrated low cost sanitation upgrading existing dwelling units in slums. The upper
system, therefore, would have a major significance. limit for upgradation of an existing unit shall not be more
than 50% of the ceiling specified for construction of a
The implementation of VAMBAY will be dovetailed and new house. The norms for town & country planning of
synergised with other existing programmes such NSDP the state government and the rules and bye-laws of the
and SJSRY. The availability of drinking water, sanitation local bodies should, of course, be kept in view.
281 The Valmiki Ambedkar Avas Yojana

Night shelter determined on the basis of slum population in the State
The Government of India and HUDCO have introduced or UT. The state government are required to allocate the
a scheme of providing night shelters for pavement share for cities and towns within the State/UT also on
dwellers and thereby improving the living conditions of the same norm i.e. in proportion to the slum population
the pavement dwellers. as a percentage of the total slum population of the State.
It envisages a minimum level of basic infrastructure
The detailed proposals with cost estimates will be
facilities such as community toilets and bathing units,
drinking water facilities in addition to dormitory sleeping processed and submitted by HUDCO to a committee
accommodation and locker facilities for which a nominal headed by the secretary, department of urban employment
amount is charged from the beneficiaries. & poverty alleviation, Ministry of Urban Development &
Poverty Alleviation. If, however, sufficient proposals under
Monitoring of VAMBAY will be done by the State VAMBAY are not forthcoming from some of the states,
Government and status report submitted to GOI regularly.
the balance funds can be reallocaotion to other states, which
Entitlement of State /UT under VAMBAY will be initially have submitted their proposals.

Annexure XVIII
(Draft) National Urban Housing and Habitat

Policy- 2005
Ministry of urban employment and poverty match between demand and supply of sites and
alleviation services at affordable cost and inability of most new
Government of India, Nirman Bhawan, New Delhi and poorer urban settlers to access formal land
September 6, 2005 markets in urban areas due to high costs and their
own lower incomes, leading to a non-sustainable
Contents situation. This policy intends to promote sustainable
Item Page development of habitat in the country, with a view
1. Preamble 1 to ensure equitable supply of land, shelter and services
2. Aims 6 at affordable prices.
3. Role of government and other agencies 8 Urbanisation and development
Central govt/state govt./local authorities 1.2 Urbanisation and development go together and rapid
HFCs pace of development leads to rapid growth of urban
sector. Urban population of India is likely to grow
Housing and land development agencies
from 285.3 million in 2001 (Census 2001) to 360
Corporate, private and cooperatives million in 2010, 410 million in 2015, 468 million in
4. Role of research, standardisation and technology 11 2020 and 533 million in 2025 (Annexure-I), as per
Transfer organisations the projections based on historical growth pattern
of population (1901 – 2001).
5. Specific action areas 11
5.1 Land 1.3 India is undergoing a transition from rural to semi-
urban society. Some States (Maharashtra, Mizoram,
5.2 Finance
Tamilnadu and Goa), as per Census 2001, have already
5.3 Legal & regulatory reforms attained urbanisation level of 35 to 50%. As per the
5.4 Technology support & transfer projections based on historical growth pattern (1901
5.5 Infrastructure – 2001), nearly 36% of India’s population is likely to
be urbanised by 2025. However, since the current pace
5.6 Sustainability concerns
of development (with around 7% growth of GDP)
5.7 Employment Issues in the building sector is particularly high and will increase further with
5.8 Slum improvement and upgradation growing investments, the actual growth of urban
6. Action plan/ follow up 22 population is likely to be more than these projections.
ANNEXURES : I - IV 1.4 The decadal growth rate of urban population in India

1. Preamble is significantly higher than rural population, being 23.9
and 20.0 during 1981 – 1991 and 21.4 and 18.0
The need for policy
during 1991-2001 respectively. Average annual rate
1.1 Shelter is one of the basic human needs just next to of change (AARC) of total population in India
food and clothing. Need for a National Housing during 2000-2005 is estimated at 1.41% as compared
and Habitat Policy emerges from the growing to 2.81% for urban and 0.82% for rural sectors
requirements of shelter and related infrastructure. (Annexure-II). AARC for urban areas during 2025-
These requirements are growing in the context of 30 will increase to 2.25% whereas AARC for total
rapid pace of urbanisation, increasing migration from population will decline to 0.77% during the same
rural to urban centres in search of livelihood, mis- period, as per United Nations estimates (1999).
283
1.5 Although India is undergoing rapid pace of under PURA shall promote four connectivities namely,
development, job opportunities are not growing in physical, electronic, knowledge and economic to
the same proportion. This is largely attributed to a hinterland of selected clusters.
near stagnation of employment in agriculture during
1993-2000, although employment in the services such
Role of housing
as trade, hotel, restaurant, transport, insurance, 1.10 Housing, besides being a very basic requirement for
communication, financial, real estate and business the urban settlers, also holds the key to accelerate the
services have shown significant increase in a range pace of development. Investments in housing like any
of 5-6%. (NSSO- Different Rounds). This factor other industry, has a multiplier effect on income and
contributes to rapid pace of urbanisation. employment. It is estimated that overall employment
generation in the economy due to additional investment
Rural to urban shift of labour force in the housing/construction is eight times the direct
1.6 The share of agriculture in the total workforce has employment (IIM-Ahmedabad Study, 2000). The
shown considerable decline from 60% in 1993-94 construction sector provides employment to 16% of
to 57% in 1999-2000. The share of primary sector is the work force (absolute number 146 lakh-1997). It is
likely to decline further to 37% in 2030 (see Annexure- growing at the rate of 7%. Out of this, the housing
III). This means a large number of rural workforces sector alone accounts for 85.5 lakh workers. However
will migrate to urban areas in search of jobs in nearly 55% of them are in the unskilled category. Skill
secondary and tertiary sector. It is important for them upgradation would result in higher income for the
to have access to employment, shelter and related workers. Housing provides employment to a cross-
services failing which they will contribute to section of people which importantly include poor.
mushrooming growth of slums and substandard Housing also provide opportunities for home-based
habitat. economic activities. At the same time, adequate housing
1.7 The growth of rural population is declining constantly. also decides the health status of occupants. Therefore,
As per the UN (1999) estimates, average annual rate on account of health and income considerations,
of change of total rural population will decline from housing is a very important tool to alleviate poverty
0.82% during 2000-2005 to (-) 0.40% during 2025- and generate employment.
30. This indicates the shift of agricultural workforce
Housing requirements
to other sectors.
1.11 Magnitude of housing requirements is linked to
Regional balance pattern of growth, settlement status and overall shelter
1.8 In this context of rural to urban shift in the labour quality. The cities and towns, which are growing at
force distribution and rapid pace of urbanisation, faster rate need to develop and deliver a faster and
there is a need to ensure a balanced regional growth greater supply of housing.
along with suitable supply of land, shelter and
Growth of slums in India has been at least three
employment opportunities with the overall focus to
times higher than the growth of urban population,
divert flow of migrants across various urban centres
leading to sizeable number of urban population living
and contain concentration of urban population in
in the slums. As per TCPO estimate 2001, 21.7
mega/metro cities.
percent urban population lives in slums. Housing
In-situ urbanisation activities are to be planned according to the growth
1.9 At the same time, it is also important to promote in- pattern of different settlements/cities. Second area
situ urbanisation to reduce overall pace of rural to of concern for adequate housing is the upgradation
urban migration. This again has to among others focus of existing houses including access to minimum
on supply of land, shelter, related infrastructure and services. As per Planning Commission estimates, the
employment opportunities among rural areas. Budget total requirement of urban housing during the 10th
speech for union budget 2005-06 included a special Plan period (2002-2007) works out to 22.44 million
reference to provision of urban amenities in rural areas dwelling units in urban areas consisting of urban
through expansion of unorganised enterprises around housing backlog of 8.89 million dwelling units at the
existing clusters of individual activities and services as beginning of 10th Plan (2002) and additions of new
well as formation of new clusters. These activities housing of 13.55 million dwelling units.

Magnitude of poverty Policies and programmes
1.12 Adequacy of housing is directly linked to magnitude 1.15 This policy is in continuation of public sector
of poverty. Extreme lack of housing in terms of interventions and related developments of human
tenure, structure and access to services. As per Planning settlement sector in India during a period of last 15
Commission (1999-2000) estimate, 23.6% of urban years which began with the Economic Liberalisation
population in India lives below poverty line. There is Policy of 1991, National Housing Policy, 1994,
a strong correlation between slum and poverty. National Housing & Habitat Policy, 1998 and follow
up of 74th Constitution Amendment of 1992. These
As per Planning Commission estimation 67.1 million policy initiatives focused on transition of Public Sector
urban population in 1999-2000 lived below poverty role as ‘facilitator’, increased role of the private sector,
line whereas the population living in slums in 2001 decentralisation, development of fiscal incentives and
has been estimated by TCPO at 61.8 million. concessions, accelerated flow of housing finance and
Therefore, adequate access to shelter and habitat is promotion of environment-friendly, cost-effective
also linked to state of poverty. In quantitative terms, and pro-poor technology.
access to basic amenities in urban areas reflects 9%
deficiency in drinking water, 26% in latrine and 23% Positive policy results
in drainage (Census of India, 2001). However, the 1.16 The policy framework and subsequent development
gap in qualitative terms could be much higher. of programmes and schemes covering two-million
housing, VAMBAY, NSDP, SJSRY, etc., have yielded
Emergence of sustainable habitat fairly positive results in the area of housing and
1.13 In order to generate suitable strategies for housing and human settlements. There has been a quantum jump
sustainable development of human settlements, this in the supply of serviced land, habitable shelter and
policy takes note of shelter conditions, access to services related infrastructure. For example, in the first two
and opportunities for income and employment years of the Tenth Plan period, financial assistance
generation with particular reference to poor. was provided (which was 93% of the targeted
amount) for construction of 218764 dwelling units
This policy also takes into account the growth pattern under VAMBAY scheme. Similarly, total number of
of settlements, the investment promotion beneficiaries under NSDP and SJSRY were 37.28
opportunities, environmental concerns, magnitude million and 31.77 million respectively during the same
of slums and sub-standard housing. This policy also period. As per Census 2001, the period of 1991 to
examine the importance of sustainable urban 2001 witnessed a net addition of 19.52 million
structure which is able to (i) absorb urban population dwelling units in the urban housing stock, amounting
with suitable access to shelter, services and to average annual construction of 1.95 million houses.
employment opportunities and (ii) also able to serve
as service centre to their vast hinterland. The share of ownership housing in urban areas has
increased from 63% in 1991 to 67% in 2001 (Census
1.14 This policy re-affirms the importance of small and 2001). It is important to note that households having
medium sized urban centres which have vast one room accommodation declined significantly in
potential for future urban growth and also urban areas from 39.55 percent to 35.1 percent
promoting a regional balance. These centres, as per during the period 1991 to 2001 (Census 2001). This
Census 2001, constitute only 31% of urban is a result of upward shift of accommodation and
population, although they constitute over 90% of accelerated supply of housing stock.
cities and towns, being 3975. Our policy should be 1.17 This policy recognises that despite appreciable increase
able to promote growth potential of these 3975 in the supply of housing and related infrastructure,
towns to divert rural to megacity/metro city the magnitude of backlog is fairly high. As per Planning
migration and contain urban to urban migration in Commission estimates, the difference of households
a desirable manner (Annexure-IV). At the same time, over houses in 2002 was to the tune of 2.16 million
this policy also focuses on in-situ urbanisation of rural dwelling units in urban areas.
settlements so that connectivity at cluster level is This difference if added with the housing
improved for better provision of shelter, services requirements to replace, upgrade or reconstruct
and employment opportunities. houses to remove congestion, obsolescence and
285 (Draft) National Habibat Policy - 2005

unserviceable kutcha houses, leads to a fairly high affordable prices. In this regard, specific initiatives
backlog of 8.89 million dwelling units for urban are suggested to further reorient the public sector
areas only. This deficit and subsequent additions role as facilitator. At the same time, convergence of
would need huge investments. resources is also essential to provide synergy by
involving various stakeholders in the supply of
Focus areas housing and infrastructure in the overall context of
1.18 It is in this context that a housing and habitat policy sustainable development of human settlements.
is needed to focus on status of livelihood covering
shelter and related infrastructure to promote 1.22 This policy also draws from the innovations in the
sustainable development of habitat. In this regard, area of housing and infrastructure in India and
cities play significant role to operate as engines of elsewhere. It also gives a menu of actionable points
economic growth and also rural development by which interalia includes promotion of FDI (foreign
providing linkages to their hinterland. At the same direct investment), public-private-partnerships,
time, in-situ urbanisation has also to be promoted securitisation and development of secondary mortgage
to improve connectivity of rural sector clusters by markets, and encourage savings to accelerate supply
of investible funds, pro-poor development of
inter-alia providing shelter, services and income
partnerships, conservation of natural resources,
generating activities.
development of environment-friendly, pro-poor,
1.19 This policy takes note of government’s special focus investment-friendly and revenue-generating
on shelter for all and development of related regulations and bye-laws, etc. The purpose is to guide
infrastructure with a particular reference to poor and various stakeholders to take well-planned, concerted,
promotion of economic development, quality of transparent, mutually-acceptable and pro-poor
life and safe environment. In this regard, Government initiatives in a best possible manner.
of India has initiated NURM (National Urban
1.23 This policy also plans further expansion of fiscal
Renewal Mission) with the objective to accelerate
concessions and incentives to motivate, persuade and
the supply of land, shelter and infrastructure taking
into account the requirements of economic encourage various stakeholders to participate in the
development with a particular reference to balanced delivery of housing and infrastructure. However,
regional development, poverty alleviation and rapid the public sector shall continue its direct interventions
economic development. to safeguard the interests of the poor and
marginalised sections of the Indian society.
1.20 NURM with the annual outlay of approximately
Rs.5,500 crore in 2005-06 would support 60 cities (7 1.24 Finally, this policy tends to build synergy, convergence
mega cities, 28 metro cities and 25 category ‘C’ cities) and integration of housing and related infrastructure
across the country in terms of investments into interventions. This policy also aims to act as
infrastructure gaps, taking the urban system from a complementary to poverty alleviation, generation of
income and employment to achieve overall objective
non-conforming state to a conforming state with
of shelter for all and sustainable development of
proper planning and all urban infrastructure in place
human settlements.
– having roads, water, sanitation, sewerage, etc., after
removing deficiencies. The mission approach will be 1.25 This policy dwells upon role of various stakeholders
reform based with releases being made subject to and specific actions pertaining to land, finance, legal
specified reform agenda. It will encourage private and regulatory reforms, technology support and
sector participation with the government providing transfer, Infrastructure, sustainability concerns,
viability gap funding through the mission to such employment issues in the building sector, slum
housing and urban infrastructure projects. In addition Improvement and upgradation, social housing, etc.
to these 60 cities, urban infrastructure and slums would along with the Action Plan and follow up related aspects.
also be addressed in the remaining non-mission cities 2. Aims
through specific programmes/schemes, which will The housing and habitat policy aims at
also be reform based. (i) Creation of adequate housing stock both on rental
1.21 This policy seeks a solution to bridge the gap between and ownership basis.
demand and supply of housing and infrastructure (ii) Facilitating accelerated supply of serviced land and
to achieve a policy objective to increase supply at housing with particular focus to EWS and LIG

categories and taking into account the need for the construction industry to participate in every
development of supporting infrastructure and basic sphere of housing and urban infrastructure.
services to all categories. (xv) Meeting the special needs of SC/ST/disabled/freed
(iii) Facilitate upgradation of infrastructure of towns bonded labourers/ slum dwellers, elderly, women,
and cities and to make these comparable to the street vendors and other weaker and vulnerable
needs of the times. sections of the society.
(iv) Ensuring that all dwelling units have easy accessibility (xvi) Involving disabled, vulnerable sections of society,
to basic sanitation facilities and drinking water. women and weaker sections in formulation, design
(v) Promotion of larger flow of funds to meet the and implementation of the housing schemes.
revenue requirements of housing and infrastructure (xvii) Protecting and promoting our cultural heritage,
using innovative tools. architecture, and traditional skills.
(vi) Providing quality and cost effective housing and (xviii)Establishing a management information system in
shelter options to the citizens, especially the the housing sector to strengthen monitoring of
vulnerable group and the poor. building activity in the country.
(vii) Using technology for modernising the housing 3. Role of government and other agencies
sector to increase efficiency, productivity, energy 3.1 The objectives of the Policy would be carried out
efficiency and quality. Technology would be through action-oriented initiatives at all levels of
particularly harnessed to meet the housing needs Government.
of the poor and also specific requirements of
‘green’ housing. 3.1.1 The central government would:
(viii) Guiding urban and rural settlements so that a planned - take steps to bring in planning, housing, financial,
and balanced growth is achieved with the help of regulatory, institutional and legal reforms.
innovative methods such as provision of urban - devise macro economic policies to enable flow of
amenities in rural areas (PURA) leading to in-situ resources to the housing and infrastructure sector
urbanisation. - evolve plans, strategies and parameters for optimal
(ix) Development of cities and towns in a manner which, use of available resources including land for
provide for a healthy environment, increased use sustainable development
of renewable energy sources and pollution free - devise action plans for the provision and creation of
atmosphere with a concern for solid waste disposal, adequate infrastructure facilities like water sources,
drainage, etc.
connectivity and power supply
(x) Using the housing sector to generate more
- develop and enforce appropriate ecological
employment and achieve skill upgradation in housing
standards to protect the environment and provide a
and building activity, which continue to depend on
unskilled and low wage employment to a large extent. better quality of life in human settlements
(xi) Removing legal, financial and administrative barriers - continue and pursue urban reforms with focus on
for facilitating access to tenure, land, finance and revision of bye-laws, municipal laws, simplification
technology. of legal and procedural framework, initiation of
(xii) Progressive shift to a demand driven approach and partnership, reduction of municipal manpower,
from a subsidy based housing scheme to cost introduction of property title, introduction of
recovery-cum-subsidy schemes for housing through regulators, implementation of urban street vendor
a pro-active financing policy including micro- policy, etc.
financing, self-help group programmes. - provide fiscal concessions for housing, infrastructure,
(xiii) Facilitating, restructuring and empowering the regulatory and monitoring mechanism to ensure that
institutions at state and local governments to the concessions are correctly targeted and utilised
mobilise land and planning and financing for housing - develop convergence and integration between urban
and basic amenities. sector initiatives and financial sector reforms
(xiv) Forging strong partnerships between private, public - mobilise global resources (including FDI) in housing
and cooperative sectors to enhance the capacity of and urban infrastructure sectors

- advise and guide respective state governments to safe water supply, waste treatment and disposal, public
adopt and implement the National Urban Housing transport, power supply, health, educational and
& Habitat Policy 2005 in a time bound manner recreational facilities, etc.
- strengthen a nationwide management information - promote participatory planning and funding based
system (MIS) on house building activities to help in on potential of local level stakeholders
designing and developing housing programmes and - devise programmes to meet housing shortages and
also assist in decision making augment supply of land for housing, particularly for
.- promote research and development, innovative the vulnerable group
building material, transfer of technology, energy - support private sector participation in direct
efficient construction to these sectors procurement of land and subsequent development
of housing
3.1.2 The state government would:
- devise capacity building programmes at the local level
- prepare the state urban housing & habitat policy
- prepare long term programmes and short term - Implement central and state sector schemes and
programmes pertaining to housing and infrastructure
strategies to tackle problems in housing and basic
sector
services and synergise the provision of adequate
infrastructure facilities like water sources, connectivity, - enforce effectively regulatory measures for planned
drainage, sewerage, sanitation, solid waste development
management and power supply 3.2 The Housing finance institutions (HFIs) would
- review the legal and regulatory regime to give a boost - reassess their strategies and identify potential areas
to housing and supporting infrastructure for further expansion of their operations towards
- Facilitate, restructure and empower the local bodies housing projects and slum improvement and
upgradation and infrastructure
in regulatory and development functions
- promote innovative mechanism like mortgage
- amend the existing laws and procedures or guarantee and title insurance to augment fund for
promulgate legislation for the effective housing sector
implementation of SUHHP with a particular
- devise innovative lending schemes to cover poorer
reference to easy and affordable access to land by segments, which depend on the informal sector e.g.
government/private sector micro credit for housing to EWS and LIG of the
- promote and incentivise private sector and population. The funding of these programmes could
cooperatives in undertaking housing and be done through NGOs/CBOs who could
infrastructure projects for all segments in urban areas undertake the tasks of confidence building and
- Encourage NGOs/CBOs and Partnership with mobilising small savings from the beneficiaries
ULGs/Government bodies in housing, micro - HFIs would also look at ploughing part of their
finance and infrastructure activities resources towards financing slum improvement and
- facilitate training of construction workers by upgradation programmes
converging other development programmes - adopt a more flexible and innovative approach in
- promote and incentivise decentralised production and their credit appraisal norms
availability of building material - encourage EWS and LIG housing beneficiaries to
- develop MIS at state and local levels take insurance cover
- R&D activities in the field of housing through 3.3 Public agencies / parastatals would
appropriate capacity building programmes - revisit their method of working and redefine their
3.1.3 The urban local governments/ development role for facilitating land assembly, development and
authorities would provision of infrastructure
- identify specific housing shortages and prepare local - devise flexible schemes to meet the users’ requirement
level urban housing action plans. - suitably involve private sector a to the advantage of
- promote planning of housing and industrial estates the poor and the vulnerable sections and forge
together with infrastructure services including roads, partnerships with the private sector and cooperatives

in the provision for housing LIG. This could be for e.g. 20-25% in any new
- use land as a resource for housing with a particular housing colony in public/private sector. This would
reference to economically weaker sections and low also help in checking the growth of slums
income groups v. an action plan needs to be initiated to provide tenurial
- reduce their dependence on budgetary support in a rights either insitu or by relocation at affordable prices
phased manner to urban slum dwellers with special emphasis on
persons belonging to SC/ST/Weaker sections/
3.4 Private and cooperative agencies would physically handicapped
- undertake an active role in terms of land assembly, vi. urban Land needs to be planned to provide for
construction of houses and development of rationalised and optimum density use
amenities within the projects
vii. while allotting house-sites/houses in urban areas
- work out schemes in collaboration with the public developed by either state agencies or the private
sector institutions for slum reconstruction on cross sector with finance from financial institutions/banks,
subsidisation basis some percentage as specified by the state government
- create housing stock on ownership and rental basis would be allotted to the families belonging to the
Scheduled Castes/Scheduled Tribes communities,
4. Research & development organisations
weaker sections, BC/OBC and physically
would
handicapped
(i) undertake research to respond to the different climatic
conditions with a focus on transition from 5.2 Finance
conventional to innovative, cost effective and i. affordable finance is the next most critical input for
environment friendly technologies housing and infrastructure services. It is imperative
to develop a debt market for housing and
(ii) develop and promote standards on building infrastructure, fully integrated with the financial
components, materials and construction methods market, in the country
including disaster mitigation techniques ii. a secondary mortgage has already been initiated by
(iii) Intensify efforts for transfer of proven technologies the National Housing Bank (NHB). HUDCO and
and materials other leading HFIs act as market makers and
(iv) accelerate watershed development to conserve water, supporters. NHB would take necessary and adequate
stop soil erosion and re-generate tree cover in order measures required to strengthen and develop a sound
to improve the habitat and sustainable secondary mortgage market. The
5. Specific action areas government would provide a conducive and
5.1 Land supportive fiscal and regulatory framework
i. public agencies would continue to undertake land iii. stamp Duty on the instruments of residential
acquisition for housing and urban services along with mortgage-backed securitisation (RMBS) across all the
more feasible alternatives like land sharing and land states would be rationalised (waived/reduced) on
pooling arrangements, particularly in the urban the lines of Gujarat, Tamil Nadu, Karnataka, West
fringes, through public and private initiative with Bengal, etc. The central government would incentivise
appropriate statutory support. Statutory cover to land the state governments for undertaking such reform-
acquisition by/for private builders for housing and oriented measures. Regulatory framework for banks
urban infrastructure may also be considered subject to engage in RMBS transactions, both as originator
to guidelines and investor would be supportive
ii. land assembly and development by the private sector iv. housing is to be considered at par with infrastructure
would be encouraged as far as funding and concessions are concerned, in
iii. the repeal of the Urban Land (Ceiling & Regulation) order to encourage investment in these sectors
Act, 1976 is expected to ease the availability of land v. incentives are to be provided for encouraging
and development of suitable follow-up investments by financial institutions, HFIs, mutual
iv. in the local plans, it is necessary to earmark a portion funds, companies, trusts and foreign institutional
of land at affordable rates for housing for EWS & investors into rental housing

vi. for encouraging rental housing including building of xii. in view of the limited domestic institutional
service apartments, fiscal concessions in the form capacity to fund fully the investment requirement,
of imposition of flat rate of 10 percent of tax on HFCs would be allowed to raise external commercial
the income on renting of new properties for first borrowings (ECBs) from the international markets
five years and depreciation allowance of 50 percent in line with the guidelines of fully convertible
per year on investment made by employers in housing commercial bonds (FCCB). This would enlarge
projects for employees, is recommended resource base for housing sector as also bring in
vii. housing finance companies would develop innovative international stake holding
instruments to mobilise domestic saving in the country xiii. in the matter of resource mobilisation by HFCs,
to meet their need for finance, along with resources Section 80 C (xvi) (a) of IT Act may be amended to
from provident funds, insurance funds. Mutual funds permit the benefit to all companies in public or private
in the real estate sector would also be encouraged as a sector. This will widen the deposit base for HFCs in
means of finance. Provident fund managers would the private sector. Currently, the section allows
be persuaded to come forward to provide long term subscription to deposit schemes of only a public
funds for housing at reasonable rates sector company in housing finance
viii. a National shelter fund with an initial contribution xiv. “real estate investment trusts (REITS)” / real
of Rs. 500 crore from the government is estate mutual funds (REMF) would be
recommended to be created under the aegis of NHB recommended to be set up to serve as a mutual
to provide financial support to primary lending fund for real estate development. REITs through
institutions to address the housing requirement of the pooling in of resources would allow individuals
poor/EWS with small amounts of cash to take advantage of
Further it is recommended that additional resources returns available from the buoyant housing and real
for NSF be allowed to be raised through tax-free estate market. Larger funds would thus, become
EWS housing bonds, on tap. An investment by general available for investment in housing related projects
public in EWS housing bonds upto Rs.20,000 is xv. to enable housing finance institutional mechanism
recommended to be allowed as eligible deduction to serve all segments of society in urban areas,
over and above the limits prescribed under Section constraints like non-availability of clear land title,
80 C of IT Act by incorporating a new section absence of guarantee mechanism for weaker
ix. “a risk fund” with an initial corpus of Rs 500 crore segments may be removed. Appropriate insurance
(to be contributed by the government) under the aegis scheme to cover disputes/default in title deeds may
of NHB is recommended to be set up. To enlarge be introduced. One time premium in this regard may
the corpus of risk fund, the housing finance institutions be shared by government and the primary lending
including commercial banks would be asked to institutions
contribute one percent of their incremental housing xvi. to encourage primary lending institutions to
loans disbursed, on yearly basis. The contribution made enhance their credit flow to poor/EWS in urban
by HFIs in this fund would be allowed complete tax and slum settlements, government may allow
exemption. For this purpose, it is recommended that complete exemption of profit derived from the
government bring in the necessary legislation/ business of long term housing finance for these
guidelines for all lending institutions segments. In this context, the existing institutional
x. private sector would be incentivised to invest a part mechanism as available through self-help
of their profits for housing needs of the poor. groups/NGOs in N-E region and micro finance
Development authorities/private sector would be institutions would be actively involved in
advised to earmark 20-25% in new Housing extending housing loans to poor and EWS
developments for EWS/LIG sections of population xvii.to encourage HFCs to increase their lending for
xi. foreign direct investments, investment from non- EWS and LIG categories which involves
resident Indians and persons of Indian origin would comparatively higher risk and operational costs,
be encouraged in housing, real estate and the benefit under Section 36 (1) (viia) of IT Act
infrastructure sectors. FIIs would also be allowed to as available to banks, public finance institutions
invest in RMBS issues etc. may be extended to HFCs

xviii.government would encourage public-private (vi) rent control legislations in the states would be
partnership (PPP) to undertake integrated amended to stimulate investment in rental
housing projects. Tax incentives for such projects housing in line with a model rent control act as
and provision of at least 20-25% of the houses may be adopted by the union government along
for economically weaker sections and lower with such modification as may be necessary
income groups; should be given (vii) FAR/FSI need to be optimised and increased
xix. financial Institutions would be encouraged to wherever possible in relation to the adequacy of
forge joint ventures to augment supply of funds social and physical infrastructure services (e.g.
for development of housing and related water, drainage, solid waste management,
infrastructure electricity, road work, sewerage system etc.)
xx. plan funds and other assistance for housing and (viii) considering the specific requirements of housing
infrastructure would be dovetailed according to and urban infrastructure projects, a land policy
the action plan prepared and followed by the states would be drawn up. The provision in Land
xxi micro-financing especially for the poor residing Acquisition Act 1894 to acquire land for private
in urban slums and squatter settlements should companies, has not been used so far in the interest
be encouraged. In this context, microcredit for of the real estate developer. The existing rules,
housing should be given a strong push to guidelines, government orders would be
provide formal finance to non-eligible segments reviewed and necessary directions with guidelines
of households who do not qualify norms for would be issued by the concerned governments
formal sector lendings
(ix) the concerned land policy and land-use regulations
5.3 Legal and regulatory reforms should provide statutory support for land
(i) In line with the union government’s decision to assembly, land pooling and sharing arrangements
repeal the Urban Land Ceiling Act, the states,
other than those who have already repealed the (x) NGOs and CBO would be promoted as part
State Act, may adopt the repealing Act of P-P-P housing schemes
(ii) Procedures for sanctioning building plans would (xi) The Acts relating to the Insurance sector would
be simplified to eliminate delays through strict be amended to facilitate mortgage insurance in
enforcement of rules and regulations along with the country
simplified approval procedures to ensure that
(xii) title insurance would be encouraged for housing
the system is made user friendly. A single window
approach would be developed to prevent fraudulent transactions
Chartered registered architects would be allowed (xiii)SARFAESI Act would be made available to all
to sanction building plans, who would be HFCs for speedy foreclosure and faster recovery
responsible for enforcement of the norms. of NPAs
Professional responsibility would be vigorously (xiv) the laws relating to housing cooperatives need
enforced amendment to facilitate housing cooperatives to
(iii) the preparation of a Master Plan would be made take up slum rehabilitation projects
time bound and be put in place before expiry of (xv) States will, as part of the Reform Agenda of
current plan. The laws and procedure for notification Urban Reforms Incentive Fund (URIF)/National
of new Master Plan would be simplified Urban Renewal Mission (NURM) be strongly
(iv) Master Plans would make specific provision for advised to bring down and rationalise the scale
the involvement of private sector, who should of stamp duty on residential and non-residential
inevitably heap 20-25% of housing units reserved properties to about 2-3%
for EWS/LIG (xvi) With the introduction of information
(v) all states would be advised to adopt any “model technology, states would be persuaded to
municipal law” prepared by central government. simplify registration procedures in the conveyance
Provisions relating to housing and basic services of immovable properties. The Indian Registration
may be examined in line with the model law to Act and the rules, circulars, guidelines and
make specific recommendations for government orders issued by the respective state
implementation at the state and municipal level government would be amended within a time-

frame. The procedure of the process of provision of low income housing to exclude
registration would be made easy, and for that non- housing projects. There would also be provision
encumbrance certificate and other details would in the notification under which the state/
be readily available for any transaction of land development agency or a builder (whosoever
recover the external development charges for
(xvii) the land revenue records of the states and other
developing the trunk services) would only be
governments would be computerised and put made responsible for creation, maintenance and
on GIS mode within a time frame treatment of disposals; and for prevention of
(xviii) the present process of issue of stamp papers pollution which may be caused due to such reasons
from collectorate, treasuries and stamp vendors (xxv) the definition of ‘developed land’ may be specified
would be modified to pay the stamp duty directly in order to encourage marketability of housing.
in the proper head of account of the state
government in the specified bank 5.4 Technology support and its transfer
i. technology support would continue to play a vital
(xix) property tax reforms (such as unit area method) role in providing affordable shelter for the poor
would be undertaken
ii. bio-mass based housing would be encouraged
(xx) the states would be persuaded to enact to increase the life and quality of the shelter till it
Apartment Ownership Legislations. In this is possible to construct a house of more
regard, model byelaws may be framed by the permanent nature considering the needs and geo-
union government climatic conditions
(xxi) in areas where several Acts have concurrent iii. the government would take an active lead in
jurisdiction, the provision of Town & Country promoting and using building materials and
Planning Act and Development Act (or any other components based on agricultural and industrial
similar Act) only would operate. The concerned
waste, particularly those based on fly ash, red mud, etc
state governments would amend respective
provisions of Acts accordingly including that the iv. use of wood has already been banned by CPWD.
ceiling on agricultural land would not be operative State PWDs need to take similar steps in this
in a development area covered by the Town direction. Use of bamboo as a wood substitute
Planning and Development Acts and in other building components, would be
encouraged
(xxii)urban renewal of inner cities is becoming
imperative. The Municipal laws/building bye- v. in order to reduce energy consumption and
laws and planning regulations may be amended pollution, low energy consuming construction
to take care of upgradation. There would be an techniques and materials would be encouraged
Urban Renewal Mission to take up urban renewal vi use of prefabricated factory made building
in a systematic manner for tackling deteriorating
components would also be encouraged, especially
housing conditions, high magnitude of slums and
for mass housing, so as to achieve speedy, cost
the dilapidated structures in the cities. Restrictions
imposed by CRZ and Rent Control Act would effective and better quality construction
be reviewed vii. enforcement of the code for disaster resistant
(xxiii) clean environment and quality of life in the construction technologies and planning would
settlements depend on various legislations and be made mandatory and this would be ensured
coordination among the regulatory authorities by all state governments/UTs
There is a need to integrate policies regarding air viii. through appropriate technological inputs,
and water pollution, solid waste disposal, use of effectiveness of local building materials can be
solar energy, rain water harvesting, energy recovery enhanced. Innovative building materials,
from wastes and electricity supply in the planning construction techniques and energy optimising
process. Maintenance of internal feeder/ features would be made an integral part of
distribution lines free from pollution would be curricula in architecture, engineering colleges
the obligation of the developer/local bodies polytechnics and training institutions
(xxiv) the notification issued by ministry of
environment & forests dated 7.7.2004 is ix. transfer of proven cost effective building materials
recommended to be reviewed in the context of and technologies, from ‘lab to land’, would be

intensified through the vast network of institutions
Average annual rate of change of urban
x. states would include the specifications of new and rural population
building materials in their schedule of rates and (2000 - 2030) in percentage in India
promote them vigorously
Year Urban Rural
xi. government would promote use of such 2000 - 05 2.81% 0.82%
innovative and eco-friendly materials through
fiscal concessions and tax such materials which 2005 - 10 2.73% 0.43%
are high consumers of energy 2010 - 15 2.70% 0.12%
xii standardisation of various building components, 2015 - 20 2.74% (-) 0.90%

based on local conditions would be emphasised 2020 - 25 2.52% (-) 0.22%
so as to get better quality products at competitive 2025 - 30 2.25% (-) 0.40%
rates, through mass production. Source: United Nations (1999): World Table-15
Urbanisation Prospects, The 1999 Revision
5.5 Infrastructure
i. there is a need to find ways to achieve the required
vi. specific initiatives would be taken to use provision
upgradation of infrastructure of towns and cities
of urban amenities in rural areas (PURA) at
and to make these comparable to the needs of
the times different locations in a participatory manner using
contribution from various stakeholders. In this
ii. the areas that fall within the ambit of regards, feedbacks would be taken from
infrastructure in all human settlements encompass demonstration projects being implemented by
the provision and creation of a network of roads some of the states
for safe and swift commuting, adequate and safe
water supply, efficient waste treatment and vii. financial institutions, state governments and
disposal, convenient public transport, adequate central government would encourage and
power supply, a clean & healthy environment. support ‘local’ infrastructure development
Infrastructural amenities consist of educational efforts being made by local authorities as well as
facilities (School, Colleges, Universities, Research by the private sector for the development of all
Institutes), recreational facilities (Parks, Public areas referred to in (ii) above
Gardens, Play Grounds, entertainment centres), viii. the central government would take steps to declare
sports fields and stadia, medical facilities (hospitals
that infrastructure areas referred to in (ii) above be
and allied health care), connectivity via rail, road,
treated at par with infrastructure status under the
air and waterways and e-connectivity
income tax act (in order to attract private capital)
iii. ‘public-private - partnership, approach for
Infrastructure would be devised for the ix. steps would be taken to attract FDI as per
development of all the areas referred to in (ii) governmnet of India guidelines into
above. Macro-economic strategies would be infrastructure development at the local town and
devised to enable flow of resources including city levels
attracting private capital to the infrastructure sector
x. steps covering transparent and scientific
iv. the policy would also address issues to monitoring and assessment system would be
compensate investments made by the private taken up to rationalise the Property tax collection
sector through numerous innovative viable
and other revenue instruments at local levels and
alternatives other than direct monetary
improving the fiscal management of the local
compensation. A ‘habitat infrastructure action
plan’ would be developed to prevent and plug administrations to improve revenue at local level
losses, leakages and wastages that are existing in to fund infrastructure as above
the system at various levels xi. urban transport has a strong impact on urban
v. All states would be encouraged to develop growth. An optimum mix of reliable and eco-
‘habitat infrastructure action plan’ for all cities friendly public transport systems would be
with a population of over 1,00,000 planned to meet the city’s requirement

5.6 Sustainability concerns government and local authorities need to
i. no settlement can support unbridled consumption vigorously implement poverty alleviation and
of natural resources, such as land, water, forest employment generating programmes.
cover and energy. Norms for consumption of Development of income augmenting activities,
these resources and also conservation techniques expansion of the services sector and imparting
would be specified and enforced of training and skill upgradation would be taken up
ii. sustainable strategies would be devised for the 5.7 Employment issues in the housing sector
maintenance of housing and infrastructure .i. the construction workers also need to be trained
services to keep up with the technological advancement
iv. settlements would be planned in a manner which in this sector
minimise energy consumption in transportation, ii. the construction industry is the biggest employer
power supply, water supply and other services of women workers and is perhaps their biggest
v. the urban services are inter-tuned with ecological exploiter in terms of disparity in wages. The
and environmental growth of housing and solution lies in skill upgradation and induction of
settlements. Development strategy and regulatory women at supervisory levels and also encouraging
measures would be combined to direct planned women as contractors. Public agencies would take
urban growth and services a lead in this. All training institutions must enrol
vi. growth of a city beyond its capacity imposes women on a preferential basis
unbearable strain on its services. City planners iii. adequate provisions for the safety and health of
would lay down norms for development of
women engaged in construction activities, which
urban sprawls and satellite townships
are hazardous in nature would be made by the
vii. decongestion and decentralisation of metro and authorities executing the project
mega cities is urgently needed through
development of regional planning linked with iv. support services like crèches and temporary
fast transport corridors for balanced growth accommodation would be provided by the
implementing authority at the construction site
viii. model bye-laws would be drawn up for use of
renewable energy source particularly solar water v. a training and education cess would be levied
heating systems in residential and commercial on all construction projects except those being
buildings done on a self help basis. This amount could be
ix. poverty and unemployment are detrimental to spent on training and imparting new skills to the
healthy growth of any settlement. states construction workers
Share of urban population in 2001
Class/ Population No. of Urban Population

Category Towns (Percentage)
I > 1 lakh 393 68.67

II 50,000 to 1 lakh 401 9.67
III 20,000 to 50,000 1151 12.23
IV 10,000 to 20,000 1344 6.84
V 5,000 to 10,000 888 2.36
VI <5,000 191 0.23
All 4368 100
Source: Census of India 2001 Table-16

vi. concerned states would be advised to provide vii. specific projects would be taken up based on
decentralised training both for men and women. poverty alleviation strategies of National Urban
Several schemes of government for imparting Renewal Mission (NURM)
training and skill enhancement could be viii. income generating activities in slums have a direct
converged to integrate efforts in this direction bearing on housing and other environment issues.
5.8 Slum improvement and upgradation The various development programmes would be
i. Slum improvement programmes for upgrading converged to cover the target group completely
the services, amenities, hygiene and environment ix. it is realised that there is a need for integrating
would be taken up VAMBAY and NSDP. This process would be
ii. slum reconstruction programmes for creating a completed. Hurdles faced by the states and
better environment would be encouraged by implementing agencies in any integrated scheme
schemes with cross subsidisation. These would be would be removed. Issues like present unit cost,
based on the basis of audit of slum areas covering area norms and subsidy would be reviewed and
health status, education, sanitation, environment, would be revised upwardly, if necessary
employment status and income generation x. formation of multi-purpose cooperative societies
iii. land sharing and pooling arrangements would be of urban poor and slum dwellers would be
resorted to in order to facilitate development of encouraged across the country for providing better
land and improvement of basic amenities in slums housing and environment to improve the quality
iv. transferable development rights and additional of life as well as for undertaking multifarious
FAR would be released as an incentive for activities for the economic and social development
providing shelter to the poor. The private sector, 6. Action plan / follow up
community based organisations (CBOs), non- (i) The central government will support the states
governmental organisations (NGOs) and self- to prepare a state level urban housing and habitat
help groups would be involved in such activities policy and also specific action plans. This would
v. the land or shelter provided to the poor / slum cover preparation of model Acts, legal and
dweller would as far as possible be made non- regulatory reforms, fiscal concessions, financial
transferable for a period of ten years sector reforms and innovations in the area of
vi. ‘land as a resource’ would be used while taking resource mobilisation, etc
up slum rehabilitation (ii) in order to augment sustainable housing stock
with related infrastructure including water,
drainage and sanitation facilities, the action plans
Population projection for 2001-2025 and programmes will focus upon flow of funds
(in million) for housing, including various cost effective
Year Total Urban Rural shelter options, promotion of a planned and
balanced regional growth, creation of
2001 1027.30 285.30 742.00 employment, protection of weaker sections and
(27.75%) (72.25%) vulnerable groups, promotion of partnerships,
2005 1091.78 316.33 781.70 conservation of urban environment and
(28.97%) (71.03%) development of MIS
2010 1178.52 360.38 834.32 (iii) states will prepare a SUHHAP (state urban
(30.58%) (69.42%) housing and habitat action plan) giving a road
2015 1272.16 410.57 890.48 map of actions pertaining to
(32.27%) (67.63%) (a) institutional, legal, regulatory and financial
2020 1373.23 467.74 950.34 initiatives in relation to:
(34.06%) (65.94%) (i) supply of land
2025 1482.34 532.97 1014.41 (ii) modification of Acts/Bye-laws
(35.95%) (64.05%)
(iii) technology promotion
Source: Projections based on historical growth rate of Census Table-17 (iv) infrastructure provision
Population figures from 1901-2001using semi-log regression analysis (v) slum improvement, etc.

Sectoral employment growth projection
(Employment in Million)
Sector 1999- 2000 2001 2002 2003 2004 2005 2006

2000
Agriculture(0.02%) 190.94 190.98 191.02 191.05 191.09 191.13 191.17 191.21
(% share) 56.70 56.08 55.46 54.83 54.20 53.57 52.94 52.31
Industry (2.84%) 59.19 60.83 62.56 64.33 66.16 68.04 69.97 71.96
(% share) 17.57 17.86 18.16 18.46 18.77 19.07 19.38 19.69
Services (2.41%) 86.65 88.74 90.88 93.07 95.31 97.61 99.96 102.37
(% share) 25.73 26.06 26.38 26.71 27.03 27.36 27.68 28.01
Total 336.74 340.55 344.45 348.46 352.56 356.78 361.10 365.54

100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00
Sector 2007 2008 2009 2010 2011 2012 2013 2014
Agriculture(0.02%) 191.25 191.28 191.32 191.36 191.40 191.44 191.48 191.51

(% share) 56.68 51.04 50.41 49.78 49.14 48.51 47.87 47.24
Industry (2.84%) 74.00 76.11 78.27 80.49 82.78 85.13 87.54 90.03
(% share) 20.00 20.31 20.62 20.94 21.25 21.57 21.89 22.21
Services (2.41%) 104.84 107.36 109.95 112.60 115.31 118.09 120.94 123.85
(% share) 28.33 28.65 28.96 29.29 29.61 29.92 30.24 30.55
Total 370.08 374.75 379.54 384.45 389.49 394.65 399.96 405.40
100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00
Sector 2015 2016 2017 2018 2019 2020 2021 2022
Agriculture(0.02%) 191.55 191.59 191.63 191.67 191.71 191.74 191.78 191.82

(% share) 46.61 45.98 45.35 44.72 44.09 43.47 42.84 42.22
Industry (2.84%) 92.95 95.22 97.92 100.70 103.56 106.50 109.53 112.64
(% share) 22.53 22.85 23.17 23.50 23.82 24.14 24.47 24.79
Services (2.41%) 126.84 129.89 133.02 136.23 139.51 142.88 146.32 149.85
(% share) 30.86 31.17 31.48 31.79 32.09 32.39 32.69 32.98
Total 410.98 416.70 422.57 428.60 434.78 441.12 447.63 454.30

100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00
Sector 2023 2024 2025 2026 2027 2028 2029 2030
Agriculture(0.02%) 191.86 191.90 191.94 191.97 192.01 192.05 192.09 192.13

(% share) 41.60 40.99 40.37 39.76 39.16 38.55 37.95 37.35
Industry (2.84%) 115.84 119.13 122.51 125.99 129.57 133.25 137.03 140.92
(% share) 25.12 25.44 25.77 26.10 26.42 26.75 27.07 27.40
Services (2.41%) 153.46 157.15 160.94 164.82 168.79 172.86 177.03 181.29
(% share) 33.28 33.57 33.86 34.14 34.42 34.70 34.98 35.25
Total 461.15 468.18 475.39 482.78 490.37 498.16 506.15 514.34
100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00
Source: Economic Survey 2003-04. Table-18

Figures in Brackets indicate average annual growth rate (In percentages) for the period 1993-94 to 1999-2000.
Projections for the period 2000-2030 are made based on the average annual growth rate for 1993-2000.

(vi) SUHHAP would also cover actions to (d) carry out research, undertake field
motivate, guide and encourage visits, meetings, etc. to gather
participatory approach including private information on (a), (b) and (c)
sector, NGOs, CBOs, state parastatals and
above
ULBs for institutionalising community
sector and private sector resources along (vi) monitoring framework at state level may be set
with the government resources. up to review implementation of SUHHDP
(vii)a national commission on human
(vii) urban housing and habitat development plan
settlements (NCHS) may if necessary
be set up by government of India to: (UHHDP) shall be prepared at local level, which
(a) assess the status of ‘human would be an integral part of ‘state urban housing
settlements in India’ in terms of and habitat development plan’
‘sustainability’, ‘balanced regional
development’, ‘shelter status’, access (viii) a high level monitoring committee at central
to basic services, nature and government level would be set up to periodically
dimension of poverty review the implementation of National Urban
(b) review the progress made on the Housing & Habitat Policy 2005
decentralisation process initiated by
7. The ultimate goal of this policy is to ensure sustainable
the 74th constitution amendment
and inclusive development of human settlements
(c) suggest inter-sectoral action plan to
achieve housing and habitat related including “shelter for all” and a better quality of life
policy objectives to all citizens using potential of all the stakeholders.

Annexure XIX
The Delhi Laws (Special Provisions) Bill, 2006
T
o make special provisions for the areas of Delhi BE it enacted by Parliament in the Fifty-seventh year of
for a period of one year and for matters the republic of India as follows:
connected therewith or incidental hereto.
1. (1) this Act may be called Delhi Laws (special
WHEREAS phenomenal increase in the population Provisions) Act 2006.
owing to migration has put tremendous pressure on land (2) It extends to Delhi.
and infrastructure in Delhi resulting in developments which
(3) It shall cease to have effect on the expiry of one
are not in consonance with the Master Plan of Delhi
year from the date of its commencement, except
2001 and the building bye-laws;
as respects things done or omitted to be done
AND WHEREAS keeping in view the perspective for before such cesser, and upon such cesser section
the year 2021 and emerging new dimensions in urban 6 of the General Clauses Act 1897, shall apply as
development, the central government has proposed if this Act had been repealed by a Central Act.
extensive modifications in the Master Plan for Delhi, 2. (1) In this Act, unless the context otherwise requires:
which have been published and suggestions and
objections have been received in respect thereof from a) “Building bye-laws” means bye-laws under
the public, and the finalisation of the Master Plan 2021 is Section 481 of the Delhi Municipal Corporation
likely to take some more time; Act, 1957 or the bye-laws made under section
188, sub-section (3) of section 189 and subsection
AND WHEREAS the central government has constituted (1) of section 190 of the Punjab Municipal Act
a committee of experts to look into the various aspects 1911, as in force in New Delhi or regulations made
of unauthorised construction and misuse of premises under sub-section (1) of section 57 of the Delhi
and suggest a comprehensive strategy to deal with them; Development Act , 1957, relating to buildings;
AND WHEREAS a revised policy for relocation and b) “Delhi” means the entire area of the National
rehabilitation of slum dwellers in Delhi is also under Capital Territory of Delhi except the Delhi
consideration of the central government; Cantonment as defined in clause (11) of Section
2 of the Delhi Municipal Corporation Act 1957;
AND WHEREAS a strategy is proposed to be prepared
by the local authorities in Delhi in accordance with the c) “Encroachment” means unauthorised
National Policy for Urban Street Vendors; occupation of government land or public land
by way of putting temporary, semi-permanent
AND WHEREAS action for violation of the provision or permanent structure for residential use or
of the Master Plan 2001 and building bye-laws, before a commercial use or any other use;
final view is taken in the matter by the government, is
d) “Local authority” means the Delhi Municipal
causing avoidable hardship and irreparable loss to a large
corporation established under the Delhi
number of people;
Municipal Corporation Act, 1957 or the New
AND WHEREAS some time is required for making orderly Delhi Municipal Council established under the
arrangements in terms of the proposed Master Plan 2021; New Delhi Municipal Council Act 1994 or the
AND WHEREAS it is expedient to have a law to provide Delhi development authority established under
temporary relief to the people of Delhi against such action the Delhi Development Act , 1957, legally entitled
for a period of one year within which various policy issues to exercise control in respect of the areas under
referred to above, are expected to be finalised; their respective jurisdiction;

e) “Master Plan” means the Master Plan for Delhi the development of Delhi takes place in a
2001 notified under the Delhi Development Act, sustainable and planned manner.
1957; (2) Subject to the provision contained in sub-section
f) “Notification” means a notification published (1) and without prejudice to any judgment,
in the official gazette. decree or order of any court, status quo as on
g) “Punitive action” means action taken by a local the first day of January 2006 shall be maintained
authority under the relevant law against in respect of the categories of unauthorised
unauthorised development and shall include development mentioned in sub-section (1).
demolition, sealing of premises and displacement (3) All notices issued by any local authority for
of persons or their business establishment from initiating action against the categories of
their existing location, whether in pursuance of unauthorised development referred to in sub-
court orders or otherwise; section (1), shall be deemed to have been
h) “Relevant law” means in case of suspended and no punitive action shall be taken
i) The Delhi Development authority, the Delhi during the said period of one year.
Development Act, 1957; (4) Notwithstanding any other provision contained
ii) The New Delhi Municipal Corporation of in this Act, the cntral gvernment may, at any time
Delhi, the Delhi Municipal Corporation Act, before the expiry of one year, withdraw the
1957; and exemption by notification in the official gazette
iii) The New Delhi Municipal Council, the New in respect of one or more of the categories of
Delhi Municipal Council Act, 1994. unauthorised development mentioned in sub-
section (2) or sub-section (3), as the case may be.
i) “Unauthorised development” means use of land
or use of building or construction of building 4. During the period of operation of this Act, no relief
carried out in contravention of the sanctioned shall be available under the provisions of Section 3
plans or without obtaining the sanction of plans, in respect of the following categories of unauthorised
or contravention of the land use as permitted development, namely:
under the Master Plan or Zonal Plan, as the case (a) any construction unauthorisedly started or continued
may be, and includes encroachment. on or after the first day of January, 2006;
(b) commencement of any commercial activity in
(2) The words and expressions used but not defined
residential areas in violation of the provisions
herein shall have the meanings respectively assigned
to them in the Delhi Development Act, 1957, the of the Master Plan of Delhi 2001 on or after
Delhi Municipal Corporation Act, 1957 and the New the first day of January, 2006;
Delhi Municipal Council Act, 1994. (c) encroachment on public land on or after the first
day of January, 2006 except in those cases which
3. (1) Notwithstanding anything contained in any relevant
are covered under clause (c) of sub-section (1) 3;
law or any rules, regulations or bye-laws made
thereunder, the central government shall within a (d) removal of slums and jhuggi-jhonpri dwellers and
period of one year of the coming into effect of this hawkers and street vendors, in accordance with
Act, take all possible measures to finalise norms, the relevant policies approved by the central
policy guidelines and feasible strategies to deal with government for clearance of land required for
the problem of unauthorised development with specific public projects.
regard to the under-mentioned categories, namely:
5. The central government may, from time to time, issue
(a) mixed land use not conforming to the Master Plan;
such directions to the local authorities as it may deem
(b) construction beyond sanctioned plans; and fit, for giving effect to the provisions of this Act and
(c) encroachment by slum and jhug gi-jhonpri it shall be the duty of the local authorities to comply
dwellers and hawkers and street vendors so that with such directions.
299 (Draft) Right to Housing Act, 2006

Annexure - XX
(Draft) Right To Housing Act, 2006

Proposed by Sanjha Manch, New Delhi
Preamble etc., both at the household and the community

THE ACT is to provide for the constitutional guarantee of level with a separate kitchen space and individual
the right to housing for urban poor laid down as a basic toilets at the household level.
fundamental right in article 21 of the constitution of india.
b) “Basic amenities” means all facilities, such as work,
WHEREAS it is important for the State to improve the health, education, sanitation, transport etc., which
quality of life of every individual living in India and ensure are required to lead a decent living for all individuals.
life with dignity.
c) “Settlement” means the provision of adequate
AND WHEREAS India has ratified the International housing for all those families who have either
Covenant on Economic, Social and Cultural Rights in been born within the city or have come through
1966, and vowed to protect and respect the economic, migration in search of employment provided
social and cultural rights of each citizen. by the city through design or default in terms of
the capital investment that is made in the city
AND WHEREAS the UN Commission on Human
and gives rise to the work opportunities.
Rights adopted Resolution For Protection Against Forced
Eviction on March 10, 1993 that declared forced eviction d) “Resettlement” means resettlement of the
a gross violation of human rights. housing units with all facilities given under the
international and national norms before the
AND WHEREAS it is expedient to enact a law relating
process of eviction actually takes place.
to right to housing as it is necessary for every individual
of the State to get adequate housing in case of shortage e) “Forced evictions” means any eviction done
of available land and shelter, or migration, or demolition without due process of law such as mandatory
of the existing housing units. issue of notice to the cluster, or removal of their
It is hereby enacted as follows: houses against their will, presence of police force,
or without adequately resettling them elsewhere.
Chapter I
Preliminary f) “ Slum cluster” means densely populated areas
1. Short Tiltle and Commencement: without basic facilities.
(1) this act may be called the r ight to housing g) “Dweller” means any person who is in
act, 2006. occupation of the house at the time of the
(2) It extends to the whole of India. provision of adequate housing.
(3) It shall come into force on such date as the central h) “Habitable area” means the area which is
government may, by notification in the official developed with a proper layout plan, with all
gazette, appoint. infrastructural developments like roads, electricity
transformers, water pipes, drainage and
2. DEFINITIONS: In this Act, unless the context sewerage, school buildings, dispensaries,
otherwise requires: playgrounds, etc.
a) “Adequate housing” means every house should i) “Livelihood” means adequate employment of
not measure less than 50 sqm in area with all the dwellers to provide a decent quality of life
basic amenities like water, electricity, sewerage, to all members of the family.

Chapter II layout and other facilities in the same area of
Right to housing habitation.
3. (1) Every citizen of India shall have the right to iii) No slum cluster should be removed unless there
housing for the family. is a need as listed under Section 5 of the Act,
(2) The Right to Housing shall include: and relocation must be with the voluntary
consent of the dwellers.
a) Treating housing for the poor as a “public
purpose”, that is superior to all other “public” iv) Regularisation of the slum shall be done in
purposes. consultation with the community and other
representatives and through consensus.
b) A minimum plot size of 50 sqm for settlement
in terms of in-situ land reforms in a habitable v) A minimum of six-months notice shall be given
area within the limits of the city. to the dwellers before regularisation of slums.
vi) Reasonable charges, according to capacity to pay
c) The settlement of the cluster should be done on
of the dwellers, may be levied for the land.
habitable land within three km of the existing
cluster in order to secure the livelihood 5. No slum cluster be removed unless:
opportunities of the evictees. a) The geographical conditions of the slum cluster
d) The right to equal access to basic amenities at are not suitable for habitation.
household level like drinking water connections, b) Slum is lying under high-tension wire or near
electricity connections, sewerage, and at any hazardous activity.
community level like health facilities, schools, c) Slums are on the edge of a big drain and living
green spaces, public transport, child and welfare in unhygienic conditions.
services and playgrounds.
Chapter IV
(3) The right to housing should also ensure the Process of resettlement
security of long-term tenure of the dwellers for 6. The municipality or the ward, in cooperation with
a more secure life for future generations, against representatives of the slum cluster, should inspect
which the dwellers can also have access to credit, the slum cluster, to assess which slums can be
and such tenure must be compatible with the regularised, and which need to be resettled. The
livelihood needs of the dwellers. inspection report shall be made public by publishing
(4) Provisions must be made in all city plans for it in at least three dailies in vernacular medium and
setting aside adequate and affordable land for two English dailies within five days.
housing the urban poor as well as 7. Objections shall be invited within a period of three
accommodating all migrants coming in search months and proper public hearing of the objections
of livelihoods created by the city. be done by an independent authority according to
(5) Special building codes may be established for procedure.
providing adequate layouts and facilities in such
8. Complete survey of the number of dwellers shall be
settlements, and the land may be made available
undertaken by the municipality after the hearing, as
to specific organisations of the urban poor, such
specified under section 7, with the help of local people.
as cooperative societies and other associations.
9. The dwellers having any government document such
Chapter III
as ration card, voters identity card, school fee slips,
Regularisation of slum clusters dispensary or hospital receipts, etc., proving residence
4. i) The emergence of slums points to the failure of for a minimum period of two years prior to the
the State to provide adequate and affordable date of resettlement shall be resettled accordingly.
housing, hence such failure cannot be used as the 10. A notice shall be served to dwellers at least six months
basis for the removal of slums but must provide before they be removed.
the legitimacy for regularising slum housing built
11. For purposes of resettlement plots of land
at such low cost by the people themselves.
admeasuring at least 50 sqm should be allotted to all
ii) Slum clusters should be regularised with insitu the dwellers, and they should be given sufficient time
upgradation with due land reforms wherein all to construct their own houses according to their
dwellers will get minimum plot size with proper needs and capacity, prior to resettlement.
301 (Draft) Right to Housing Act, 2006

12. The dwellers should be allowed to occupy their new (4) No decision of the administration shall be final
houses, complete with all basic amenities provided and shall be subject to appeal in court.
by the State, and not through private parties, before
removing the existing cluster on the ground. Chapter VIII
Penalty
13. All families living in a cluster should be given the option 21. The officer-in-charge shall be penalised if found guilty
for being resettled together, instead of being scattered of not adhering to the provisions of this Act by the
to different resettlement colonies on the basis of court.
lottery, in order to preserve social harmony and security.
22. No court inferior to that of a magistrate of the first
14. The time of resettlement should not be in extreme class shall try any appeal.
weather conditions or during the school examinations.
Chapter IX
Chapter V Service of notices
Obligation of the state
23. State shall make all possible provisions for ensuring
15 The State shall ensure that due process of law has
the due process of law is compiled with. The order
been met with. All housing and resettlement must be
carried out in consultation with the local people. of eviction shall not be made until notices are issued
to the evicted families at least six months in advance.
16. The State shall raise all funds needed to provide
people adequate and affordable land and housing. 24. The notice shall contain details of the public purpose
for which the land is required, why the cluster needs
17. The State shall from time to time make provision to be removed, where the inhabitants are going to
for the settlement of people with special needs, be resettled, and what is the due process through
destitute women and children living on streets, which
may include temporary or permanent structures which inhabitants can apply for relocation.
constructed by the State for these people. 25. No notice is issued without the prior permission of the
18. Special assistance be given to all slum dwellers in community representatives in a formal meeting arranged
terms of easy loans for getting the plots and by the competent authority at daytime on a holiday.
construction cost of houses, free school, no other
taxes such as use and pay toilets be charged, etc…….. 26. Notices shall be issued only by the competent
authority, which is engineering the removal of the
Chapter VI families, or the competent authority responsible for
Protection of tenants in slums against eviction resettlement of the evicted families.
19. Every person living in the slum area as tenant shall
be protected under this Act from eviction. The Act 27. Every notice issued by competent authority under
shall be applicable to the tenant equally. this Act shall be signed by an officer authorised by
the competent authority.
Chapter VII
Appeals Chapter X
20. (1) Any person aggrieved by any notice or order of Miscellaneous
resettlement agency may appeal to the administration. 28. Central government may, by notification in the official
(2) No appeal shall be decided under this section gazette, make rules to carry out the purposes of this Act.
unless the aggrieved is given reasonable Provided the rules are published in at least three
opportunity of being heard. vernacular dailies and two English dailies and invite
(3) All appeals shall be disposed off within one objections or suggestions and proper hearing is done
month of the appeal being made. on that account.

Annexure XXI
(Draft) Housing for the Urban Poor Bill
D
raft VII (final), was released in New Delhi on Recalling further that the Convention for the Elimination
October 12, 2004 in consultation with different of all Forms of Discrimination Against Women, the
organisations prepared by the HRLN and Convention for the Rights of the Child and the
Nivara Hakk Suraksha Samiti, Mumbai. Convention for the Elimination of Racial Discrimination,
all having been ratified by India, commit this country to
Preamble guarantee the right to housing.
Taking note of the Supreme Court decisions in Chameli
Singh v/s State of UP and Shantistar Builders v/s N.K. Realising that the vast majority of the urban poor living
Totame to the effect that the right to housing inheres in in slums out of dire necessity ought not to be treated as
Article 21 of the Constitution of India. mere encroachers, since a multitude of factors force the
Relying on the decision of the Supreme Court in poor to the cities.
Ahmedabad Municipal Corporation v/s Nawab Khan Recalling that the Urban Land Ceiling Act was enacted,
wherein it was laid down that the State has a constitutional inter alia, to make surplus urban land available for housing
duty to provide adequate facilities, opportunities and the poor.
resources for shelter for weaker sections.
Realising that these evictions can never be a solution to
Reading the Universal Declaration of Human Rights and,
the urban problem; on the contrary this results in terrible
in particular, Article 25(1) describing the right to adequate
suffering for the urban poor.
housing as a basic human right.
Relying on Article 11(1) of the International Covenant Evictee
on Economic, Social and Cultural Rights (ICESCR), Now therefore, in tune with this nation’s constitutional
which India has ratified, and which commits this country and international obligations and to bring succour to the
to take appropriate steps to ensure the realisation of the millions of the urban poor; this Bill:
right to adequate housing.
Chapter I
Noticing that the ICESCR was interpreted by General
Preliminaries
Comment 7 on Forced Evictions which commits the
States not to carry out forced evictions until all possible 1. (i) The Preamble shall be read as an aid to the
alternatives are explored, and condemns the practice of interpretation of this Act.
forced evictions as a gross violation of human rights.
(ii) This Act shall be called “Housing for the Urban
Regretting the fact that a considerable part of the urban Poor, Bill, 2004
population lives in slums in utter misery.
(iii) This Act shall come into force on notification in
Alarmed at the results of the 1991 census, which the Government of India Gazette.
estimated the housing shortage in the country at 229
million units of which at least 90% was for the poor. (iv) This Act shall extend to the whole of the territory
of India.
Agreeing with the decision of the Constitutional Court
of South Africa in the case of Government of the Chapter II
Republic of South Africa v/s Irene Grootboom, wherein Definitions
it was said that rights ought not to exist on paper only 2. (i) “Slum” means any place of residence of the urban
and the State was held constitutionally liable to poor and unorganised labour, established on land
progressively realise the right to housing. either public or private.
303
(ii) “Progressive realisation of the right to adequate of the urban poor and their places of employment.
housing” means such scheme or plan which shall (iv) In so doing the representatives of the evictees and
substantially improve the conditions of slums civil society have equal rights of participation in the
within a decade while simultaneously providing framing and revising of the plans and schemes.
immediate relief to the most deprived sections.
(v) The State and other authorities shall frame schemes
(iii) “Housing” includes, but is not restricted to, land, to progressively realise the right to adequate housing.
sewage, electricity and water facilities. Such schemes may provide for the payment of a
(iv) “Basic services” reasonable amount by the beneficiaries, keeping in
(v) “Amenities” means all facilities, such as work, view their economic status.
health, education, sanitation, transport etc., which (vi) In framing schemes to house the urban poor
are required to lead a decent life for all individuals. emphasis shall be given to the State providing land
(vi) “Urban” means an area where the population is for housing coupled with credit for housing at
one lakh or above according to the latest census. subsidised rates.
(vii) ‘Blighted area’ means an area within a municipality Chapter IV
containing a majority of structures that have been Rights against eviction
extensively damaged or destroyed by a major 4. (i) All slums that are in existence as on the passing
disaster, or that, by reason of dilapidation, of this Act shall not be evicted.
deterioration, age or obsolescence, inadequate (ii) No future slum shall be evicted by the State or
provision for ventilation, light, air, sanitation, or any authority or person, unless there is a substantial,
open spaces, unsafe and unsanitary conditions pressing, overriding public project which cannot
which endanger lives or properties by fire or reasonably be located elsewhere.
other hazards and causes, or that, by reason of Ex planation: The setting up of a new institution,
location, in an area with inadequate street layout, of shopping complexes, commercial enterprises,
incompatible land uses or land use relationships, recreation facilities, gardens, garbage disposal facilities,
overcrowding of buildings on the land, excessive
roads and the like shall not be considered a public
dwelling unit density, or other identified hazards
project within the meaning of clause (ii) above.
to health and safety, are conducive to ill health,
(iii) Even when it is necessary to evict a slum only
transmission of disease, juvenile delinquency and
such households shall be evicted as are necessary for
crime and are detrimental to the public health,
the implementation of the project. Such households
safety, morals and general welfare.
are evicted, provided an alternate accommodation
(viii)‘Relocation’ means an alternate site within a radius within seven km radius of the evicted site, which
of seven km for the persons evicted. includes housing, basic services, amenities and
(ix) ‘Rehabilitation’ means providing relocated reasonable compensation is given.
persons with basic amenities, services including
Chapter V
means of livelihood.
Right to regularisation in-situ
Chapter III 5. (i) All slums that fall under clause 4 (i) shall be
The right to housing regularised in-situ.
3. (i) The inhabitants living in blighted areas have a right (ii) The states shall mobilise resources for the
to adequate housing. regularisation of slums. This will, however, not
(ii) The State has an obligation to progressively realise preclude the State from charging such reasonable
the right to adequate housing by providing adequate amounts from the beneficiaries keeping in view their
resources, facilities and opportunities for housing the financial capacity.
urban poor. (iii) Regularisation shall be done in collaboration with
the beneficiaries and their representatives.
(iii) The State and other authorities shall within a year of the
coming into force of this Act frame or revise Master Chapter VI
Plans and urban planning schemes to provide adequate Rights during eviction
land and other facilities for the urban poor after 6. (i) No slum falling under clause 4 (ii) shall be evicted
considering all relevant factors including the numbers unless the community is given notice at least six

months prior to the date of proposed eviction and very minimum the same or similar situation as
heard on the proposed eviction. prevailing at the existing site.
(ii) Such notice shall set out in detail the reason for the (ii) All rehabilitation schemes shall be framed in
eviction, the date of the proposed eviction, the consultation with the evictees.
relocation and rehabilitation scheme and other details
as may be necessary. Such notice shall be published (iii) No amount may be charged from the evictee
in a local newspaper circulated widely. for rehabilitation.
(iii) The State shall thereafter hear the evictee and in Chapter IX
writing, either rescind, modify or confirm the eviction The housing & Rehabilitation Commission
plan and the relocation and rehabilitation scheme. 9. (i) The state shall set up a four member housing &
This may be done within a period of three months rehabilitation commission consisting of director TCP,
from the date of the notice. expert in urban planning representative of evictees
(iv) The evictees shall have a right to all such information and the NGOs working in the housing sector.
from the authorities connected with the eviction and (ii) In case of dispute arising out of any of the provisions
the relocation and rehabilitation scheme. The of this Act, complaints may be made to the commission
authorities shall make all information available to the whose decisions shall be binding on the State.
evictees/ civil society or their representatives within
a period of 15 days in writing. Chapter X
Allocation of resources and land
(v) All evictions shall be carried out humanely. No eviction 10. (i) The State shall reserve, raise and allocate adequate
shall be done in inclement weather, or in undue haste, land resources for the practical and progressive
or with force, or during school examinations. realisation of the right to housing for the urban poor.
(vi) The authorities shall finalise the relocation site with (ii)Resource allocation of land must be
the facilities in place prior to the eviction.
proportionately increased.
(vii) The authorities shall put in place the benefits and facilities
of the rehabilitation scheme prior to the eviction. Chapter XI
Women’s right
(viii) In deciding upon the relocation site care shall be 11. (i) All documents relating to title, possession and
taken by the authorities to provide the same within the like and all compensation paid and all transactions
seven km of the existing site. entered into in respect of any of the provisions of
Chapter VII this Act shall be made out in the name of the female
Right to relocation head of the family in preference to the male, if such
7. (i) The authorities shall provide transportation to the a female head exist.
evictees at the new site for persons and household
Chapter XII
and other materials from the existing site with
reasonable compensation.
Homeless persons
12 (i) The State shall take such steps to construct one-
(ii) All relocation schemes shall be framed in third number of houses for the homeless and
consultation with the evictees or their representatives.
provide the same free to them in order to
(iii) No amount may be charged from the evictee progressively realise the right to housing and to close
for relocation. the gap between demand and supply.
Chapter VIII (ii) Till the above is substantially achieved the State
Right to rehabiltiation shall open and operate shelters for the homeless
8. (i) The Rehabilitation scheme shall provide inter alia,
providing therein free food to the beneficiaries.
for a site with reasonably hygienic surroundings, a
reasonable quantity of building material, electricity, Chapter - XIII
water, sewage facilities, toilets, schools, dispensaries Urban land ceiling
or hospitals and reasonable compensation and shall 13. (i) The repeal of the Urban Land Ceiling Act, 1999
be framed so as to create at the relocated site at the is hereby repealed.
305 (Draft) Housing for the Urban Poor Bill

Chapter - XIV (a) The framing of schemes for the improvement
Miscellaneous and regularisation of slums in-situ.
14 (i) This Act has have effect notwithstanding anything (b) The framing of relocation schemes
contained in any other Statute or provision having
the force of law. (c) The framing of rehabilitation schemes.
(ii) This Statute shall be included in XI Schedule of (d) The framing of schemes for homeless people.
the Constitution of India. (e) The framing of rules for housing and
(iii) This statute shall prevail over all other laws in rehabilitation commission.
force.
Chapter - XVI
Chapter XV Penalties
Rule making power 16. (i) A breach of the provisions of this Act shall be a
15 (i) The central government may make rules to cognisable offence in respect of which the punishment
effectively implement the provisions of this Act or conviction shall be upto one year simple imprisonment
including, but not limited to: and a fine which may extend to Rs. 5 lakh.

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ANDHRA PRADESH
MANIPUR 1-9-312/5/2
KVIC Building, Opposite Videocon House Opp Sree Play School, Achyutreddy Marg,
Paona Bazar, Imphal-795001. Manipur Vidyanagar, Hyderabad - 500044
Tel: +91-385-2442165 Tel: +91-40-27661883
309
KARNATAKA HIMACHAL PRADESH
20, Park Road Virnal Sadan, ear Co-operative Bank
Tasker Town, Shivaji Nagar Chotta Shimla - 171002 (HP)
Bangalore - 560051 Tel: 0177-2621108, Mobile: 09418141894
Tel: +91-80-57624757 E-mail: [email protected]
SIKKIM
MADHYA PRADESH Satey Bazar, 2nd Floor, Above Mahesh Saloon,
E-6/101, S-l,Vardhman Residency Upper Sichey Area, Gangtok
12, Arera Colony Sikkim - 737101
Bhopal-462016, Madhya Pradesh Tel: 91-03592-203557, Mobile: 09434382200
Tel: 0755-4202514 E-.mail: [email protected]
ANDAMAN
TAMIL NADU
AB-31, Aberdeen Bazaar, Babu Lane,
#319/155, 2ND floor, Linghi Chetty Street
Port Blair - 01.
Parry's, Chennai - 600001
Tel: 0319-230756, Mobile: 09434281880
Tel: 91-44-42165131/42165121
UTTAR PRADESH
RAJASTHAN
i) ALLAHABAD
49, Vivek Nagar, Station Road
Jaipur - 302006, Rajasthan 105, Ashok Nagar,
Tel: +91-141-2206139, 207446 Allahabad - 211001
E-mail: [email protected] Uttar Pradesh
Tel: +91-0532-623893
ARUNACHAL PRADESH
Ramesh Linggi (Asst. Director of sports) ii) VARANASI
Quarter No-7, Type IV J -19/ 66, Bari Bazar,
Raj iwas Area PS Jaitpura
Itanagar, Arunachal Pradesh Varanasi - 221002
Tel: 91-0360-2292561 Uttar Pradesh
Mobile: 0943605907, 09436040383 Tel: 91-542-586676/688

eviction watch india - ii presents the magnitude of the problem of forced evictions
and associated economic and human costs rendered by such inhuman actions. The
initial chapters of the volume present the findings of an enquiry into large-scale forced
evictions in seven major cities of India: Delhi, Mumbai, Chennai, Kolkata, Hyderabad,
Visakhapatnam and Ahmedabad. The articles included in the volume are contributed
by professors, lawyers, professionals, journalists, planners, architects and activists
recommending for a comprehensive pro-poor planning process to incorporate all
inhabitants within the legal framework. It undertakes a critical appraisal of changing
trends in laws, court judgments, housing policies and legislations. The volume
presents a critical review of the Jawaharlal Nehru Urban Renewal Mission and draws
on various legal and ethical maxims to stop the practice of forced evictions.
This volume is brought out with the hope to facilitate the establishment of a larger
network and linkages with housing rights organisations to strengthen and consolidate
solidarity with the urban poor struggle groups across the country. The Human Rights
Law Networks (HRLN), in collaboration with several other organisations is advocating
the right to housing initiative through various workshops, campaigns and legal
interventions.
The book is essential reading for anyone interested in the community development
programmes including the policymakers, planners, lawyers and human rights
activists as also those who are concerned of the magnitude of the housing problem in
the country.
ISBN 818947916-4
~ ~
9788189479169 >
65 Masjid Road,Jangpura, New Delhi - 110014 - India

Phone: +91-11-24376922124374501165908842
Email: [email protected]

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garibi hatao se garibon ko hatao ...

eviction watch india-H

human rights law network

© Socio Legal Information Centre*

Eviction Watch India-II: November 2006 (Second report)

(iv) Eviction Watch India - II

Section I: City overviews 15. Strategies to combat forced evictions

AAA Ashrai Adhikar Abhiyan ICESCR International Covenant on Economic,

(viii) Eviction Watch India - II

(x) Eviction Watch India - II

O campaigners in the country, Mr Jai Sen, had

Source: Census 2001

courtesy:aman path monthly

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delhi report: dehousing the poor from the national capital

6. Hindustan Times, Slums to be relocated, September 16, 2005

6 Eviction Watch India - II

7 The Right to Housing: The Indian Experience

8 Eviction Watch India - II

9 The Right to Housing: The Indian Experience

10 Eviction Watch India - II

11 The Right to Housing: The Indian Experience

12 Eviction Watch India - II

13 The Right to Housing: The Indian Experience

14 Eviction Watch India - II

15 The Right to Housing: The Indian Experience

16 Eviction Watch India - II

Dehousing the poor from the national capital

Demography In 1956, the Bharat Sewak Samaj36 conducted a survey

Housing shortage in the city39

18 Eviction Watch India - II

19 Dehousing the poor from the national capital

20 Eviction Watch India - II

21 Dehousing the poor from the national capital

42-year man commits suicide 'Illegal structures' identified

22 Eviction Watch India - II

1. 2000 Gautampuri JJ Cluster, Yamuna Pushta 500 Bhalswa Jahangirpuri

23 Dehousing the poor from the national capital

24 Eviction Watch India - II

26 Eviction Watch India - II

28 Eviction Watch India - II

Educational facilities The people from Metro Vihar

30 Eviction Watch India - II

Demolition spree in Mumbai city

Demography 2001, spatially the city had grown to 562.23 square

World Bank survey50

32 Eviction Watch India - II

33 Demolition spree in Mumbai city

34 Eviction Watch India - II

57. The NAPM press release on May 10, 2005

35 Demolition spree in Mumbai city

36 Eviction Watch India - II

Arrest of Raj Awasthi

37 Demolition spree in Mumbai city

Slum children narrate their experiences58

38 Eviction Watch India - II

39 Demolition spree in Mumbai city

Metropolitan areas 6. Ambuj Wadi, near Aakashwani Malwani, Malad

NAPM, YUVA and ICHRL contributed in

Housing campaign network in Mumbai