Slum Redevelopment [DCR 33/10]
Slum Redevelopment DCR 33/10]
The total jurisdiction of Greater Mumbai is 437 Sq. K. Mtrs and is home to a population of more than 11 million people. Of this 6 million people, live in slums. The contribution of slum dwellers to the city’s economy – as industrial workers, construction labour, domestic helpers, rag- pickers and in a whole range of petty traders like vegetable and fruit sellers numbering more than three lakhs and 37% of which along provides vegetables to Mumbai. The five star culture and slum culture are complimentary. The slums have come up on private lands [50%], State government lands [25%], Municipal Corporation lands [20%], central government lands and housing boards land [5%].
Mumbai is largest city in a country, India. The city population is at least 12 million [could be more if we count the twin city if New Mumbai]. Half of the population lives in slums, roads and pavement dwellers. One of the estimates says slums occupy 8 percent of city’s land which totals about 43,000 hectors. The rest of city’s land is either industrial, low, middle and housing societies or vacant land under the public reservations. The influx of migrants to the city historically continues. Mumbai has always been a city of commerce. Unlike British built Calcutta, construction of 19th century Mumbai was principally financed by a non-British, “Native” merchant class. During this period, the city’s economic base expanded from maritime trading to include a robust textiles and related manufacturing sector. Textile became the primary engine of industrialization and economic growth in 1860’s, when the U.S. Civil war limited access to American cotton, and the opening of Suez Canal in 1869 consolidated Mumbai’s role in intercontinental trade. By the 1930’s, the textile industry employed nearly three-quarters of the urban population. Decline of the textile industry began toward the end of the 1970’s due to mismanagement by the textile mill owners and the frequent labor unions strikes. Instead of investing in the obsolete machinery, the mill owners choose to invest in emerging industries such as engineering and pharmaceuticals. Gradually Mumbai’s economy shifted from labor intensive to capital intensive production. The jobs during 1961 to 1991 in textile industry fell by 12 percent of total work force or 400000.
As we are aware, the Mumbai was given as dowry when the Portuguese princess married the British Queen. The British later leased out the city to East India Company for 99 years. The lapse of lease coincided with the first war of Indian independence in 1857, the political consequence of the rebellion, was non renewal of the Lease and instead, assumption of power by the Queen. What it implies essentially is, that the entire land in city, once upon time, belonged to the government and government statutory authorities. These statutory land owning authorities till 1970’s, sought to demolish slums and clear land of encroachment. This deterrent policy did not yield desired results as the slum dwellers simply built back their huts again once the demolition squad left or shifted to another location within the city limits. The slum dwellers, however, were essential players in voting process for elections of representatives to local bodies, state assembly and the parliament. The elected representatives intervened in the policy of demolitions justifying that the slum dwellers are an integral part of the forces that has made the city of Mumbai as financial capital and economic engine of the country. The city alone contributes 40% of India’s national income. It was therefore decided to offer the protection to them. First census of the slums was conducted in 1976. A new legislation known as Slum Act was introduced. The door to door survey of the huts was held to record the details of the families staying in the huts. An instrument of identity called ‘Photo pass’ was issued to them. The census slums became now eligible for spending of public funds from the authorities. A new budget head was introduced for expenditure on improving the hygienic and sanitation conditions in the slums. The small channels to carry the sewerage water for disposal, the storm water drains for carrying rain water, internal roads, toilets and other incidental amenities were built. The community structures like assembly hall, places of worship and such built up structures for common use of community were built.
The land that came from the process of acquisition could not be developed for the designated purpose due to lack of financial resources with the government. Some of the land that was encumbered with occupants was acquired with the occupants. The occupants, who were tenants of the earlier landlord, were treated as tenants of authorities. Not only the acquired land remained undeveloped but also remained unprotected. The vibrant economy of Mumbai offered limitless job opportunities. The lack of employment opportunities elsewhere in India, paved a way for population migration. The poor came in search of jobs to Mumbai. While the employment opportunities in Mumbai greeted them but unaffordable housing to dwell remained beyond economic reach of poor's. The unscrupulous anti social elements and the slumlords, with muscle power and with political and administrative patronage, seized the government and private lands, marked small pitches on it and sold it to gullible migrants entering the city. The gradual process of the emergence of the slums continued despite the acts of demolitions by authorities. However, the state after census of 1976 began treating slums with humane approach. It was presumed that those slum dwellers who built their huts prior to year 1976 and who were protected from demolition will be the first and last group. However in the anticipation of similar regularization by the state of encroachment in future, the encroachments continued. The huge voter’s base of slum dwellers vented their voice and the law makers had to heed and convert them in to legislative act. The encroachment on the government and private land was regularized and protected till 1986 and ultimately till 1995. From year 1995 onwards the some public spirited citizens grouped together to protest against the populist policies. However by year 2009, the protection was extended till year 2000 subject to confirmation of same by the Hon apex court of India.
The statutory right to protection of structures against demolition is right conferred upon the slum dwellers by the state laws enacted under the slum Act. The Indian constitution guarantees to its citizens certain fundamental rights. One of such fundamental rights is right to Life. The right to life includes the right to shelter. The living in shelter will not be meaningful till the structure is not of certain size. The size of the structure will be usable only when it has the basic amenities such as the potable clean drinking water, structural strength; proper sewerage disposal, electricity and such societal life as would promote the growth of the spiritual faculties of the individual.
The attainment of such objectives, it was deliberated, is difficult to achieve unless, the entire pocket of slums is subjected to redevelopment. The 54% of slum population in Mumbai live in1950 slum pockets. The brainy honchos in the bureaucracy began deliberating on bringing amendment to the slum laws. The adequate size of the structure in redeveloped buildings, prior to year 1995, was thought to be 180 Sq. feet. But the amendment in 1995 enlarged it to 225 Sq. Feet. By now in 2010 it is 269 Sq. Feet. It is till beyond the expectation of slum dwellers who want it to be extended to 400 Sq. Feet.
The year 1995 represents the year of golden era for the slum and pavement dwellers when the state first time announced its policy of redevelopment of the slums. The state constituted a special executive authority called Slum Redevelopment Authority [SRA]. The authority is headed by senior officer of Indian Administrative Services [IAS]. There is a board under the chairmanship of the Hon. Chief Minister, which review the speedy approvals to Slum Redevelopment Schemes. The procedure for the initiation of slum redevelopment was drafted. It was felt by the law makers that the redevelopment of slum is a consensus process in that those who are eligible for the benefits should themselves drive the proposal. It was held natural that instead of the slum dwellers expressing their will individually, whether to redevelop the slum or not, they should organize in group. The redevelopment of the slum is a public project and the project involves financials. The state has numerous functions to perform and the available finance could not be earmarked exclusively for slums. When the always burgeoning property prices in Mumbai was the gospel truth, it was prerogative of the state to cash on and mix the welfare of slums along with the inherent power of law making. The state came out with the legislation that was to create a win-win situation for both, the slum dwellers, the investor and the state itself. While the FSI in city is 1.33 and in the suburbs was 1, the FSI in case of redevelopment of the Slums is prescribed to be 2.5. Some of the difficult areas like Asia’s largest slum, Dharavi, it was prescribed to upto 3. The general bench mark of ‘Tenement Density’ was prescribed. In simple words, out of FSI of 2.5, FSI of 1 was to go in rehabilitating the slum dwellers, FSI of .5 was for the investor developer to recover the investment incurred in constructing Rehab Component building of slum dwellers and FSI of 1 was a profit. However, the incentive pattern differs. While in the island city it is 0.75 to 1 FSI built, in suburb it is 1: 1. The reasons being that the land prices in island city are higher than those in suburbs.
The beginning of the Slum Redevelopment Scheme [SRS] on a plot begins this way. At initial stage, all the slum dwellers residing on the plot prior to 1/1/1995 and are in use of the structure are eligible for the rehabilitation.
• At least 70% eligible slum dwellers in a slum unite and form proposed housing society. There should be atleast 25 huts on a plot. In case their strength is lesser than 25, in such case authorities have option to shift them to alternative accommodation and save the plot from dense construction.
• They appoint a chief promoter, collect share capital of Rs 50/ per member and Rs 1/-as entrance fee. The collection is deposited in the name of the proposed housing society in the bank such as Mumbai district central co-operative/Maharashtra state co-operating bank ltd.
• The documents essential for preparation of building plan are collected either by society or through their architect. The plot is surveyed through the licensed surveyor to identify the boundary of the plot, required for computation of FSI. The slum structures are properly demarcated.
• A survey of structures on the plot is carried out and the structures are numbered on the plan. A table of house number as per plan and the names of occupants are prepared. The proofs as fixed by the government are used to select the beneficiaries. The proof includes, namely, voters list of year 1/1/1995 made for state assembly election. Voter’s identity card, ration card [now deleted due to large number of irregularilities], any bills issued by the government authorities such as electricity, telephone, gas or court notices.
• Depending on the honesty and integrity of the managing committee members, the selection of the developer is preceded ahead. While some of them transparently invite the developers with their offer letter, some unscrupulous, fix the developers without calling the general body meeting. The developer appoints professional such as Architects,
• The Developer enters in to individual agreements with all the slum dwellers agreeing to participate in the scheme. The legal provisions does not mandate the appointment of developers. The society itself can develop the property with 2.5 FSI provided they can arrange the means of finance on their own. This is termed as ‘Self Development’.
• A development proposal with required plans showing the location of the rehab and sale building is prepared. The annexure of the eligible beneficiaries along with the supporting documents, is forwarded to the planning authority SRA.
In the office of SRA, the further processing takes place as under.
• Initial scrutiny of the proposal is carried out at the level of Sub engineer who examines and ensures that the proposal along with the documents is in order and as per the procedure.
• If the proposal is found to be in order, the scrutiny fess is calculated and informed to the developer. The developer pays the scrutiny fee. The acceptance of the fee indicates the proposal is accepted.
• The ownership status of the land from the Property card is checked. The annexure II containing the names and details of the proposed beneficiaries, is sent to the landlord for cross checking the facts whether the beneficiaries are eligible for the flats as per the legal norms.
• Annexure I is scrutinized by the engineering wing for correct computation of FSI generated on the plot.
• The annexure III is sent inside office for working out financial parameters of the scheme.
• The land owning authority, after receiving the annexure II, the documents proving the eligibility of beneficiaries are examined. The annexure is signed under the signature of the competent officer as mentioned in slum act. The annexure II and III after certification, are returned to the office of SRA.
• The SRA gives approval to Letter of Intent [LOI], layout, Intimation of Approval and commencement certificate to the first building for work upto plinth are processed. Depending on circumstances. The SRA makes effort to give all four documents in one go atleast in case of Rehab building.
• At the plot, the society draws lots for allotment of the tenements to the members who are ready to participate in the scheme. Draw for the non cooperating members from the remaining tenements is also drawn.
• Since the permissions are in hand and the slum dwellers are over with the draw, it’s time to vacate the plot.
• The developer arranges for the transit accommodation to the slum dwellers, which can be either on plot itself or in adjoining areas. The developer has to take into consideration the fact that the occupants have their jobs and schools for the children nearby failing which the resentment is evoked on the plot. The allotment for rooms in transit camp is also governed by the lot system.
• In case the developer is unable to find acceptable transit accommodation, the SRA may extend help by making him available plot in nearby location. Another agency of the government SPPL, may also rent out their transit camp in case they are available. The SRA and MMRDA through another provision of law called ‘3.11’ create the pool of PAP tenements by inviting the private landowners to built PAP tenements on their plot at the FSI of 2.5 and hand over the same to them. In lieu of building and handing over, the private land lord gets land TDR and construction TDR. However, the response seems good only if the prices of TDR are attractive in TDR market.
• The slum dwellers are shifted either to the transit camp or rented tenements and their hutments are demolished to pave way for construction. Those slum dwellers refusing to vacate their tenements are served with notice under the provisions No 33 and 38 of Maharashtra Slum Areas [Improvement, clearance and Redevelopment] Act 1971 so that the construction work on the plot is removed. However, sometimes, the before eviction, the non cooperating members, continue to protest until their all options are exhausted and they are forcibly removed.
• After demolitions of structures, work upto plinth level is completed. The SRA officials inspect the site and if no violation in the construction permission is found, further permission beyond the plinth is given by way of approvals to the sale building and Rehab building. However the building permissions for the tall buildings are given in the proportion of the permissions given to the rehabilitation building.
• After the completion of rehab building, list of allotment is drawn up. The allotment of flat in newly constructed rehab buildings, is made in the joint name of the head of the household and the spouse.
• The architect submits to office of SRA the building completion certificate. The landowning authority allots 30 years lease to the society to be renewable again by 30 years after the lapse of initial 30 years.
• After checking of the building and compliance of the conditions given in permissions, the Occupation certificate is granted. The slum dwellers as per the allotment list are given possession of the tenements. The SRA issues identity card to slum dwellers. Now the developer is free from part obligation and concentrates on his sale building to recover the cost of his investment.
• After completion of the last building in the layout, the separate property cards for the rehab building as well as reservation component [in case the plot where the slum was reserved for buildable reservation, the reservation is diluted and the developer has to construct at his cost the building].
In case the where the plot is thinly encumbered with the slums and when the minimum density of 500 tenements per hectors is to be followed in redevelopment, there are chances of creation of some surplus tenements which are handed over to the Project planning authorities for allotment of the same to the persons who are to be rehabilitated in case the land beneath their structures is to be used for public purposes. The various planning authorities working in the city is the Mumbai Municipal Corporation for implementation of the City Development Plan, the Mumbai Metropolitan Regional Development Authority [MMRDA} for wider and large infrastructural projects such as Major Roads, metros, bridges and so many of them. The Maharashtra Housing Development Authority [MHADA] is engaged in building the houses for high, middle and Lower Income Groups. The Public Works Department [PWD] is another state agency engaged in building and maintaining the major roads that connect eastern and western suburbs with the island city. The Airport Authority is another agency presently looking for tenements to rehouse the slum dwellers so that it can expand the airport. While the land with the state is limited, the state in the quest to obtain the additional land brought in a law that stipulates that the private persons who own the land and on which they built and hand over to the state the tenements of 269 Sq. Feet, then he will be entitled to receive land TDR and Construction TDR [ Transfer of Development Rights]. The TDR always what you hear, is an instrument [not part of statutory negotiable instrument] where the holder is authorized to built additional construction equivalent to the units mentioned in TDR. To illustrate if the FSI of suburbs is 1, but with loading of TDR, the law permits the construction at the FSI of 2R
The list of the documents to be collected depends on the plot to plot, the major documents are as follows.* Property Records Card:
The Revenue department of the government maintains the records of the ownership of the property. The PR Card contains the details of the owner, and occupant. It also indicates the tenure of the property of the holder whether as on free hold basis or leasehold or tenancy basis. The PR card most importantly shows the area of the plot which is the basis for the computation of the FSI. However the planning authorities insist measurement. This exercise help to confirm the boundaries which is helpful in approval of plans, sun division, Road Widening purpose, compulsory acquisition, different types of Reservations for purpose of computation of FSI and loading of the TDR etc. The names of the Holders are only incorporated if the property is non-agricultural. If the property is agricultural, only tenure is mentioned as agricultural in P.R.C. When the property is converted to N.A. and after producing necessary documents by the applicant name of the holder is incorporated in the P.R. card after N.A. measurement and following due procedure. The maps of City Survey are prepared in 1:500 scale .It also shows whether the plot belongs to private individual or the government. In case it belongs to the private individual, the No Objection Certificate is mandatory. In cases where the plot is declared as slum and where the landlord refuses to give NOC, the government has power to acquire the land for public purpose and the Redevelopment project is held to be public purpose. The acquisition is subject to payment of the compensation to the owner. In case where the land belongs to the Central Government, it is important to note that the Redevelopment policy is statute enacted by the federal state and is applicable to only on the land belonging to the state government and other autonomous bodies created under the state statute. Such authorities are Mumbai Municipal Corporation, MHADA, MMRDA, PWD, Collector, and Repair Board. The Redevelopment policy is not applicable on the land belonging to Central Government. Such lands in Mumbai are owned by central departments Central PWD. It is important to note that there are certain sensitive such as the department of Railway, Salt, Bombay Port Trust, defiance, and installations where the No Objection Certificate is required if the Development is falling within 300 mtrs of such installations. However, whether there is need to bring the NOC in such case is decided and included in the list of documents, by the Planning authority approving the plan of Redevelopment. CTS plan:
A CTS plan emerged from Cadastral survey. A cadastral survey refers to a detailed survey of the land, noting geographical features as well as Ownership boundaries. This is usually carried out in order to assess ownership as well as to provide a basis for taxation. Such a survey was never carried out in many Permanent Settlement areas, since the British, being assured of fixed revenue from the landlords, did not need such detailed information. The City Survey of Mumbai Sub-District has been carried out during the period 1962-68. The City Survey Record is prepared for all the villages in Mumbai Sub District. The City Survey record for each individual parcel of land has been created and given a particular number which is known as City Survey number. A property card for each City Survey number is also prepared.
In Bombay Suburban district there is system of 7/12 which similarly, gives details of the owner of the land. Further there is another document called 8/12 which gives mutation entries. Mutation means the necessary changes in the property to be carried out as the result of sale transactions. In other words, the detail of 7/12 has to be in line with the mutation entries. In case one has to dig out the past details of the property prior to 1968, in such one has to go for enquiry extract which will give survey numbers and ownership details.CS PLAN:
This denotes Cadestral Survey Number which is applicable only to the limits of island city. It is well known that during the British times, the limits of the city remained confined to island limits till Mahim. However later in 60’’s the suburbs were attached to the city. Thus the CS plan is applicable to the city while the CTS is applicable to the suburbs.Tikka Sheet:
The Tikka sheet is the mother of all the city survey plans. Development Plan Remarks:
DP Reservation remarks are the most important and the same will not be possible to be obtained unless there is reference to CTS plan.Ownership title and area:
The application for development permission should accompany the ownership documents such at attested copy or original sale/lease deed/ power of attorney/enabling ownership document wherever applicable, property register card of a date not earlier than twelve months of the date of submission of proposal, and statement of area of the holding by triangulation method from the qualified licensed architect. In case the land is on lease from the government, the No objection certification will be required.Road Length Remarks:
The proposed site of the development must be connected by the roads of appropriate width. It is natural that once the plan for development is approved, there is bound to be multi storied building. There will be necessity of connecting the building with many utilities. There will be vehicular traffic movements including movement of fire brigade vehicles in case of emergency. Therefore the DC Rules stipulates that, there should not be any encroachment on the road. The office of the Executive Engineer Traffic and coordination maintains the records on the width of the road. The record shows if there is any proposal for future widening. The remarks enables the approving authority to decide the front open space from proposed reference point of widening which in other word is also called ‘set back’ area. Survey remarks:
The Corporation has a department of survey, headed by Assistant Engineer [Survey], on receipt of the proposal for development, he scrutinize the proposal from zoning point of view.