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Write Petition against demolition of slums.
Date : 09th November 2013
Mathews J. Nedumpara
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. OF 2013
(1) Rohini M. Amin & Anr. … Petitioners
Versus
(1) State of Maharashtra & Ors. … Respondents
SYNOPSIS
The Petitioners are approaching this Hon'ble Court against violation of their fundamental and human rights, seeking a writ of mandamus and other relief against the demolition of shanties and rendering of thousands of citizens homeless while it is the duty of the state to provide for the basic amenities, shelter, bare minimal food to keep their soul and body together and clothing, the very basic needs for self preservations.
Acts to be referred upon: -
i) Constitution of India;
ii) Coastal Zone Regulations;
iii) Maharashtra Regional & Town Planning Act;
iv) Bombay Municipal Corporation Act;
v) Any other Act.
Authorities to be cited:
At the time of arguments.
Date: 11th January, 2013.
Place: Mumbai
Mathews J. Nedumpara & S.M. Faizal Warsi
Advocates for the Petitioner With kind regards and Seasons Greetings,
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. OF 2013
In the matter of Article 226 of the Constitution of India;
AND
In the matter of the Coastal Zone Regulations;
AND
In the matter of the Maharashtra Regional & Town Planning Act; AND In the matter of the Bombay Municipal Corporation Act;
1. Rohini M. Amin,
Advocate, Adult, Indian inhabitant,
Having my office address at 23, Great Western Building,
Room No.132, 2nd Floor, Kalaghoda, Fort, Mumbai-400 023.
2. Govind N Kulkarni,
Adult, Indian Inhabitant,
Residing at Jari Mari, Indra Nagar, Indra Ekta Chawl,
Kurla, Andheri Road, Mumbai- 400 070
3. Parvathi Lal Singh
Lane No. 14, Ganpat Patil Nagar,
Near I.C Colony, Borivali (W) Mumbai- 400 103
… Petitioners
Versus
1. The State of Maharashtra,
Represented by its Chief Secretary,
Mantralaya, Mumbai - 400 032.
2. Union of India,
Represented by its Secretary in the Ministry of Environment & Forests,
Government of India, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi - 110 003.
3. The Secretary to the Government of India,
Department of Women & Child Welfare, Nirman Bhavan, New Delhi.
4. The Secretary to the Government of India,
Ministry of Poverty Alleviation,
Nirman Bhavan New Delhi.
5. The Chairperson,
National Human Rights Commission, New Delhi.
6. The Chairperson, Maharashtra State Human Rights Commission
Hajarimal Somani Marg, Chhatrapati Shivaji Terminus,
Mumbai - 400 001
7. The Municipal Commissioner,
Brihan Mumbai Mahanagar Palika, Mumbai.
8. The Ward Officer in charge of Dahisar,
Brihan Mumbai Mahanagar Palika, BMC Building,
Fort, Mumbai 400 001.
9. The Commissioner of Police,
Greater Mumbai.
… Respondents.
TO THE HONOURABLE THE CHIEF JUSTICE AND THE OTHER HONOURABLE PUISNE JUDGES OF THIS HONOURABLE Court HUMBLE PETITION OF THE Petitioners ABOVENAMED
MOST RESPECTFULLY SHEWETH:
1. The Petitioners are citizens of India. The 1st Petitioner is a lawyer practising in this Hon'ble Court, the 2nd Petitioner is a slum dweller and the 3rd Petitioner is a widow with all her worldly possession, consisting of a few utensils, a sheet of aluminum which constitutes a roof over her head living in Ganpat Patil Nagar in the midst of dirt, filth all around without any water supply, electricity, toilet et al. The 3rd Petitioner’s makes a lively hood by working as a house maid in the nearby homes and her son makes a small money as a daily wage earner. Her family consists of herself, her only son, two grandsons: aged 3 and 2 respectively and her daughter-in-law who is at present in the advance stage of pregnancy. The 3rd Petitioner works as a maid to the first Petitioner. Yesterday, namely 10th of January, 2013 about 1400 shanties of hapless like the 3rd Petitioner were reduced to rubbles by using JCB by the MMCs armed with a swathe of Policemen. Thousands of fellow citizens, the poor and the helpless are rendered homeless. Many are hurt as the Police lathi charged. One of the poor ladies aged about 35 years died seeing her neighboring homes being demolished.
The instant Writ Petition involves great public interest, but the Petitioners are hesitant to call it as a Public Interest Litigation (PIL) since, as legendary Justice Krishna Iyer has repeatedly lamented borrowing the words of Jesus Christ, PIL is nothing but a “ravenous wolf In sheep's clothing”. The Petitioners are constrained to institute the instant Writ Petition for the enforcement of their fundamental and constitutional rights, which also would mean enforcement of fundamental and constitutional rights, the very right to existence of millions of people who constitute the poorest of the poor of the populace of Mumbai, namely, the slum dwellers.
The right of self-preservation, the right of existence, the right to shelter, the right to livelihood to keep one’s body and soul together, the bare basic needs, and the right for clothing, are not only fundamental rights, but they also mean a fundamental duty vested in the State to provide them to those who out of their disability and deprivation are not able to secure for themselves.
2. The island of Mumbai is one of the most blessed islands in the whole world. The city of Bombay (now Mumbai) during the British times was considered to be one of the finest cities in the world. Governmental policies and the absolute apathy to address the basic needs of the people like shelter, drinking water, sanitation etc., have reduced the city to the worst city on earth, the most unlivable city in the world, the worst city according to a recent survey conducted by a reputed international agency. The instant Writ Petition is prepared in a hurry. It had to be so prepared since around 1,500 shanties in Ganpat Nagar in Dahisar were demolished by the Bombay Municipal Corporation and thousands of people living in the most unthinkable, unimaginable and inhuman conditions are rendered homeless. The Petitioners intend to prepare a detailed Writ Petition, which cannot be hoped to be done before this Hon'ble Court assembles at 11.00 a.m. today. Therefore, the Petitioners crave leave of this Hon'ble Court to amend this petition suitably to incorporate further facts and grounds in support of the reliefs sought infra. The Petitioner is only touching upon the crux in a few sentences as infra.
3. Laws and particularly the Coastal Zone Regulations (CRZ), the Development Rules, the Maharashtra Regional and Town Planning Act, the Bombay Municipal Corporation Act, which have made it impossible for building enough housing stocks, particularly for the middle class and lower middle class, the slum dwellers, are responsible for rendering 80% of the population of the city living in utmost inhuman conditions. The first thing to be done is to throw these legislations, which are anti-people, to the Arabian Sea. As stated at the outset, Mumbai island has got enormous resources of land, space, etc., to accommodate the entire 1.5 or 1.6 crores of people living in the city, including the slum dwellers that constitute 80% of the population. The solutions are simple; allow the entire land of the city of Mumbai, which constitutes not even 1/1000th of the total area of the State of Maharashtra, for construction of housing stock for the people.
The Petitioners are environmentalists; they would like to have the environment protected; large areas brought under afforestation and discharge of carbon emission, which leads to global warming, to be reduced by taking both effective legislative and administrative measures which will curtail and prevent avoidable luxuries. For instance, the main building of this Hon'ble Court built by the British, which provided for sea breeze a free flow and did not require any kind of air-conditioning, as of now is centrally air-conditioned, which means enormous environmental damage in terms of carbon emission. The environment of the globe, nay, of India, nay, of Mumbai, is not dependent upon less than square 200 kilometers of Mumbai island; the global environment is not dependent upon the protection of a few thousand acres of mangroves in and around Mumbai; the global environment is not dependent on the salt pans which is identified to be 5,000 acres. There are hundreds of cities in the world built on sea shores and islands and in all these cities multi-storied buildings are constructed close to the sea shores. There is nothing like CRZ, the kind of nonsense which we have today, in any of the Port cities of the world. An acre of land in Mumbai is worth Rs.2,000 crores.
The Government could raise huge amount of money by opening up the salt pans and vast expanse of vacant land, the so-called mangroves, for development. The Petitioners are no experts, but they are made to understand that Rs.10 lakh crores of rupees could be raised by allowing commercial utilization of the vast expanse of land, the so-called mangroves. With 1/5th of this money, Mumbai could be converted into not merely a Shanghai but even a better city with world class amenities like roads, rails, mono-rails, public transport, water supply, sanitation etc. With a small portion of the money which could be so raised, lakhs and lakhs of degraded forests in Maharashtra could be converted into a better forest by adopting water harvesting and other measures for aforestation.
4. Rex est procurator factuoram - it is the duty of the King to protect those who cannot protect themselves – is a fundamental principle of constitutional law. It is the duty of the State to provide for the basic amenities for the preservation of life, shelter, food and basic needs of clothing, sanitation and, in a modern society, health care, education, etc., to its subjects. The State of Maharashtra, however, instead of providing its subjects such basic amenities, like a devil – even that would not be a mild expression – renders homeless thousands of poor slum dwellers. That is what happened many times in the past. It took place in 1995, though unfathomable, under orders of this Hon'ble Court which is expected to render justice to the poor. The legendary Justice Krishna Iyer suffered a near heart shock after seeing the savage crime committed upon nearly four lakhs of slum dwellers in the name of preservation of Sanjay Gandhi National Park. What is practiced today is not environmental protection, but a savage attitude in the name of environment. Environmental protection requires sacrifice on the part of the rich, powerful and the mighty, who should avoid air-conditioned Court Halls and other luxuries so that the environment is protected. Lawyers, Barristers and Judges emulate Mahatma Gandhi and they all accept what that great soul did, whose all possessions were two loin clothes, two towels, a spinning wheel and a reading glass. It is a war on humanity to render the poorest of the people homeless, who have set up their shanties on dirty and marshy land, in the name of protection of mangroves. In Mumbai only a microscopic minority has their own homes; the vast majority either lives in slums or rented premises. An ordinary lawyer like the 1st Petitioner and a slum dweller like the 2nd Petitioner cannot ever hope of owning a home in Mumbai. This is all because of the insanity in the name of protection of environment.
The Petitioners wish to repeat and reassert that they in no way are against protection of environment; they are environmentalists from their toe to head. But the environmental protection which they understand is not making the poor people, who live in slums, prey for the hungry tigers. Had any of the worthy souls who live in Malabar Hill and Cuffe Parade run the risk of they or their children being eaten by leopards and tigers, would they be speaking about maintaining the Sanjay Gandhi National Park in the midst of the city? They would have ensured that there is no leopard or tiger in the park, a threat to human life, but those who are attacked and eaten away are the voiceless poor people. It is near insanity to keep almost half of Mumbai island, including the Sanjay Gandhi National Park, as forest when millions of people have no place to live even in matchbox-like apartments. The Petitioners still out of their love for trees and forest are not even suggesting that Sanjay Gandhi National Park ought to be converted for development of housing stock for the homeless.
5. As aforesaid, this petition is prepared in great hurry. The 1st Petitioner’s heart bleeds because the poor slum dwellers homes have been demolished and her maid faces imminent threat of demolition. Therefore, the Petitioners consider it appropriate to file a more detailed and comprehensive petition in due course. The Petitioners beg to annex copies of the news reports dated 11th January, 2013 published in the Timers of India under the caption “One dies of heart attack as 1,410 huts razed in Dahisar” and in the Free Press Journal under the caption “BMC at demolition slipper post, woman dies of heart attack” as Exhibits “A” and“B”, respectively.
6. The Petitioners craves leave of this Hon’ble Court to add to, alter, amend and/or modify the Writ Petition as and when required. Despite the inability to explain at fair length for want of time the real solution for the problem which the 80% of the population the slum dwellers, the poor, the working class, the lower middle class, nay, the middle class, nay even the entire citizenry of Mumbai is to allow the city to grow vertically as almost all island city across the globe are, which leads to high density of population and the resultant congestion and a mechanism of efficient public transport, rail, mono-rails, buses and inland water ways which, could sustain only where there is a high density of population and the resultant congestion. A city with high rise buildings with highest density of population can make a metro rail system which could run profitably even while providing a train in every two minutes or even in one minute. Creation of satellite cities and expansion of the city is no answer for it will bring about a system where people will be forced to travel more from distant suburbs to the heart of the city. It will mean more traffic chaos, more carbon emission and a model, nay, a blunder which Delhi constitute to be a solution for congestion of cities by expansion. While Mumbai is confined to less than 200 Sq. Kms Delhi is 40 x 40= 1600 Sq. Kms. The Petitioners are no experts. Nay would even plead know nothing.
The ideal city of high rises with wide roads, advance mono rail and even inland water transport system which the Petitioner hereby canvass for the city of Mumbai is no brain child of them. The Petitioners being genuinely concerned and with the problem in the city and their own dream of owning a home and a city where fellow human beings are not treated worse than animals, to live in dearth and filth, has been consulting the issue with many a experts on the subject, some of whom happen to be products of IIT Powai. The further solutions which the Petitioners venture to just make a note of and no further to elaborate for want of time is not to permit any more constructions except in plots of a minimum of 5000 Sq. Ft. which could be absolutely self sufficient and self contained in terms of requirement of drinking water, sanitation and waste disposal. Mumbai enormous ground water resources. The water may be saline to an extent. But technology today is so advances and economical and viable that ground water could be treated and got rid of all impurities and even salinity, even at minimal cost. It could be far cheaper than the cost of bringing drinking water in tankers, it could even be cheaper than the municipal water assuming that the BMC able to give fresh connections. The Technology is so advanced to that housing stock an optimal size as indicated above, the entire waste water could be treated and recycled for use and no burden is cast on the drainage system not to speak of the environmental damage, which is none. Even the solid waste could be treated and converted into compost and even electricity could be generated. These are a few suggestions. An expert body, which the executive government has to form consisting of experts on the subject and representatives of people from all walks of life and particularly the lower middle class and slum dwellers decide these questions of policy.
The Petitioner do not even in their wildest of dreams imagine that they could expect the courts to substitute the Government and even if it could, something forbidden by the concept of separation of powers, that could be fruitful. But many a great injustice has been committed, the poorest of the poor of the citizens, the slum dwellers, the helpless, the hungry, the disabled and orphaned who have nothing in the world which could claim to possess except hunger and pain, agony and desperation, vagrancy and destitution been further been inflicted with demons, the Petitioner find no better word to describe them, while being sorry for the apparent intemperate language, who as Krishna Iyer had lamented… had instituted PIL in this Court, ravenous wolves in the clothing of a Sheep and even got this Court, the Sentinel qui vive of the of the lives, properties and liberties of the people even pass orders directing the executive to cause savagery crimes on the poorest of the poor. The demolition which had taken place and which at least 5 Million people apprehend that could happen any day for they are all underdogs with no voters I.D Proof, No Ration Card, no Pan Card, nothing of the sort and whose welfare nobody is interested, the Petitioners are afraid to say not even the political parties for they have no right of franchise. The Petitioners have probably used strong expressions could be even bordering on intemperate language but the Petitioners honestly believe that the training which the First Petitioner has received as a lawyer and the solemn advice “always use the most temperate language if has an exception, it is the instant cause. Gandhi was a great advocate of moderation in language, both as a lawyer and a leader of the freedom struggle but there are occasions where even that great saint was furious. Christ too, the messiah who preached tolerance, forgiveness and the highest sacrifice of sacrificing oneself as a penance of others have at occasions been most blunt.
In his famous sermons from the mount he said Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother's eye. However, if the Petitioners, for the First Petitioner and her counsel who have drafted this petition has crossed the ‘laxman rekha’, in terms of the moderation of the language, the First Petitioner seeks unconditional apology. While the Petitioners may be forgiven making an allusion of the words of Christ… Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother's eye as the self introspection, the enlightened citizen, the rich and the powerful which certainly include political leaders, bureaucrats, police officials, judges, professionals, doctors, engineers, advocates and even the ordinary lawyers, though majority of them constitute to be economically weaker section of the society to introspect and ask to themselves what little they have contributed for wiping out the tears of the emaciated, poverty stricken fellow human beings living in slums, in condition worse than even fit for animals to live.
7. No other application in respect of the subject-matter of this Petition has been filed either in the Hon’ble Supreme Court of India or in this Hon’ble High Court.
8. The Petitioners state that requisite Court-fee as per Rules has been paid.
9. The Petitioners state that there is no period of limitation for preferring this Petition and hence the same is within limitation.
10. The Petitioners state that the cause of action has arisen in Mumbai and hence this Hon’ble Court has jurisdiction to entertain this Petition.
THE PETITIONERS,
THEREFORE, PRAY THAT THIS Hon'ble Court BE GRACIOUSLY PLEASED TO:-
A. Permit the Petitioners to file a fresh petition or amend the instant Writ Petition which is drafted post haste so as to secure the relief against the ongoing demolition, a prohibition thereof and extension of humanitarian aid to the slum dwellers such as their rehabilitation, providing food, clothing etc.;
B. To issue a writ of mandamus or any appropriate writ or direction, directing the Central Government, the State of Maharashtra and the MMC, to constitute an Experts Committee consisting of the secretaries to the Government of India as also of the State of Maharashtra in the ministries of Urban Development and Poverty Alleviation, Environment and Forests, transport, including of shipping and surface transport, the national and states human rights commission, National and states women’s commission, National commission for schedule castes and schedule tribe, national and state planning commission and eminent experts on the subjects of town planning, transport, drinking water, sewage and eminent men like Ratan Tata, Naryana Murthy, scientists of the ISRO and even defense research and development organization, eminent judges, philanthropist like Mr. Azim Premji so that the entire laws both Central and State regarding consideration of forest, salt pans, mangroves and in particular the CRZ and the development rules particularly concerning the FSI are revisited and appropriate legislations become a reality, where all slums are regularized and all slum dwellers are extended at the basic amenities shelter drinking water, sanitation so that the dream of the first Petitioner who constitute to be the middle class section of the society, the second Petitioner, a slum dweller who visit this court premises every day carrying his employers’ (lawyers) bags who constitute to be the lower middle class and the 3rd Petitioner, a poor slum dweller living in the filth and dirt all around without access to water supply, electricity, sanitation, even the very basic necessities of life, become true with the entire loss concerning environment and forest, development rules which by putting meaningless restrictions on FSI and thus has disastrously cut down the availability of housing stocks and space, leading to a situation where for eg. a two bedroom apartment as in Borivali could be costing 1 Crore, whereas comparable price even in Delhi is 1/4th of the same;
C. Declare that the Coastal Zone Regulations and Development Rules are unconstitutional and void inasmuch as they prevent utilization of coastal land for housing, which has led to a serious dent to the availability of housing stock and an unachievable dream of owning a home for the entire middle class and lower middle class section of the society;
D. Declare that keeping of the salt pans to the extent of about 5,000 acres as non-development land has resulted in a serious dent to the availability of housing stock and an unachievable dream of owning a home for the entire middle class and lower middle class section of the society;
E. Issue a writ of mandamus or any other appropriate writ or order or declaration directing the Respondents to open up the land mass and stock kept unavailable for development of housing stock in the name of Coastal Zone Regulations and Development Rules and utilize the revenue so raised for building housing stocks, roads, rails, etc.;
F. Issue a writ of mandamus or any other appropriate writ or order directing the National and State Human Right Commissions, which are practically a mammoth who have failed to serve the purpose for which they are constituted, to look into the large scale violation of human rights of the slum dwellers in the name of environmental protection;
G. To issue a writ of mandamus or any other appropriate writ or order directing the Central and State Government to implement the Rajiv Gandhi Avhas Yojana and Jawaharlal Nehru Urban Renewal Scheme and to provide basic amenites llike shelter, sanitation, drinking water and electricity to every slum dweller and to hold that the classification of slum dwellers based on cut of date like: 1.1.1995 and 1.1.2000 are all unconstitutional;
H. To issue an order of injunction restraining and prohibiting the Respondent MMC and the State Government from demolishing the shanties of the 3rd Petitioner and hundreds of similarly placed and further to provide emergent humanitarian aid to all those thousands of voiceless citizens of this country who were rendered homeless as a consequence of demolition drive carried out on 10.01.2013 where 1410 hutments were razed and to provide them shelter, food, clothing and other basic need on a war footing;
(i) Pending the hearing and final disposal of the present Petition, stay all demolitions which are going on;
(j) Pass such further and other orders as the nature and circumstances of the case may warrant.
Advocates for the Petitioners
Petitioner No.1
V E R I F I C A T I ON
I, Mrs. Rohini M. Amin, Advocate, having my address at 23, Great Western Building, Room No.132, 2nd Floor, Kalaghoda, Fort, Mumbai-400 023, do hereby do hereby solemnly declare that what is stated in paragraphs 1 to 67 of the foregoing Petition is true to my own knowledge, information and belief and what is stated in remaining paragraphs 7 to 10 is based on information which I verily believe to be true and correct.
Solemnly declared at Mumbai
on this ___ day of January, 2013.
Petitioner No.1
(MATHEWS J NEDUMPARA)
Advocates for the Petitioners
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