A recent Supreme Court ruling could
irretrievably alter Mumbai’s inimitable chawls, improving the
structure, while reducing the quality of life on offer.
Mumbai's chawls, an inherent part of the cityscape, glamourised by
Bollywood and television (Katha, Chakra, Salim Langde Pe Mat Ro,
Dharavi, Raju Ban Gaya Gentleman, Nukkad and Hathiyaar), have long
represented the triumph of hope over the despair of reality. But a
ruling by the Supreme Court last week may immeasurably alter the
architecture of this urban landmark. Unfortunately, despite good
intentions, the judgement could herald a change that is drastic, but
not necessarily one that improves living conditions.
The court ruled that A-cessed buildings (buildings constructed prior to
1940) can be redeveloped under the provisions of Section 33(7) of the
Development Control Regulation (DCR) Act. This means that owners and
tenants can redevelop such buildings without having to obtain
permission from the Maharashtra Housing Area Development Authority
(MHADA), which was made mandatory in 2005 by the Bombay High Court
under Section 88(3) of the MHADA Act.
The division bench of Justice Arijit Pasayat and Justice Satya Shivam
upheld the validity of the provisions of DCR 33(7). That clears the way
for redevelopment of 16,000 cessed buildings in south Mumbai, covering
pockets like Girgaum, Bhuleshwar, Grant Road, Charni Road and Nagpada.
For residents of Momin Mansion, a dilapidated building in congested
Nagpada, it’s a Daniel’s judgement. For Rashid Shaikh, 64, who has
lived 30 years in Momin Mansion, the order represents a chance at more
space — and safety. “We won’t have to live every day wondering if we
would be safe enough to see the next day, like those of Sadaf building
(nearby Sadaf Manzil collapsed, killing 11 residents three years ago).”
Rashid is also delighted with the possibility that his three
granddaughters may now have a private bathroom, a basic amenity denied
to most families in the area.
However, city activists are worried. Urban planner Shirish Patel, a
petitioner in the case along with others like Cyrus Gazdar and the late
JB D’Souza, had filed a PIL in the Bombay High court challenging the
misuse of DCR 33(7). According to the PIL, builders showed an increased
number of tenants to get extra floor space index, which was
compromising the existence of open spaces.
“The Supreme Court has made a mockery of the entire concept of open
spaces. Now, skyscrapers will come at a close distance. Also, what the
builders will do now is demolish those cessed buildings too which are
in good condition,” he says.
Debbie Goenka, a senior member of the Bombay Environment Action Group,
is appalled at the decision: activists feel it does not take into
account the island city’s ground realities. “First it was the mill land
case, in which the Supreme Court overturned the High Court decision and
allowed mill-owners to retain and develop the land, which should have
ideally been granted for public amenities and now this. The Supreme
Court has shown that it does not care for infrastructure, but only
drafts rules to support the builders lobby,” he says.
For builders and developers though, it seems to be time to celebrate.
Pujit Aggrawal, managing director of Orbit Constructions and
spokesperson for the Property Redevelopers Association (PRA), which had
challenged the Bombay High Court order, has naturally welcomed this
judgement. “The order will pave the way for the city’s development and
help solve the shortage of residential areas in a city whose population
is increasing everyday. It is expected that around Rs one lakh crore
will be invested in the redevelopment process in the next 15 years. We
are planning to invest Rs 2,000 crore in greenfield redevelopment of
dilapidated buildings in the central mill land area,” he says.
Anand Gupta, general secretary of the Builders Association of India,
feels it’s not just the builders who will reap the profits — the common
man will also gain. “Tenants who were staying in dingy apartments (80
to 100 sq ft) will now get 225 sq ft, equipped with basic facilities.”
As per current records with the state government, an estimated 25 lakh
people live in chawls across the city of Mumbai. “They will have to
relocate initially and then again located back in the zone,” a state
government official told TEHELKA.
Here’s what Bhuleswar resident Manikbhai Shah, who did get more space
(after his chawl was demolished, he was allotted a 275 sq ft room),
says: “In our chawl, at least I and my wife could have our evening tea
with a verandah outside and chat with our neighbours. Here, when we
look out of the window, the wall of the building opposite stares at us.
It’s claustrophobic.”
ACTIVISTS ARE also concerned about the pressure such development will
put on Mumbai’s already compromised infrastructure. Organisations such
as Remaking of Mumbai Federation have drafted a proposal that a clause
that requires developers to enhance surrounding infrastructure be
added. “Although we welcome the decision of the court, we feel there
should be a provision wherein an undertaking should be taken from
redevelopers and builders that they will develop in tandem with Section
33(9), which is being amended and according to which MHADA, tenants,
landlords and developers must jointly develop a property,” says Lalit
Gandhi, the federation’s president.
Municipal Commissioner Jairaj Pathak also welcomed the move cautiously:
in a press conference after the ruling he said: “The ruling will help
redevelop dilapidated buildings, where residents were in danger. But
there is reason to be concerned if the development is not systematic:
it will end up putting pressure on civic infrastructure such as
drainage, power and water supply.” Amrit Gangar, film scholar and
writer, who compiled a package of five films on Mumbai’s chawls,
Chalchitra-Chawlchitra says that films not just showed the real Mumbai
but also predicted its future. “The 1984 movie Mohan Joshi Haazir Ho
spoke about the politician-builder nexus that we are seeing today,” he
says.
He feels that the way the government plans to go about redevelopment
will destroy the city’s essense. “Chawls once formed the major housing
infrastructure in Mumbai. Today, they are giving rise to isolated
high-rise apartments,” he laments.
Some residents also fear the redevelopment will also change the culture
of tolerance that prevailed in the city, wrought in no small measure by
the closeness essential to chawl life. As the Mumbai skyline looks set
to change in its most densely populated areas, the famous Mumbai
harmony too could become more discordant.
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