Mumbai’s Pipe Dream: A case for rehabilitation of the

Project Affected People along Tansa Pipeline

-By Ipshita Karmakar and Justin Thomas,

2019
The 160 km Tansa Pipeline is one of the major sources of water

supply in the city of Mumbai. Over the course of 50 years,

about 16,000 houses have been built over and around the

pipeline, thereby hampering the maintenance of the pipeline

and leading to frequent bursts. As per an order issued by the

Bombay High Court in 2009, the settlements along the pipeline

are being demolished in order to ensure the safety and security

of the pipeline. Further, the Municipal Corporation of Greater

Mumbai (MCGM) was commissioned to build a 300 crore

cycling track along the pipeline’s stretch from Mulund to

Antop Hill, titled Green Wheels along Blue Lines, in order to

protect it from encroachment. One of the demolished

settlements and the subject of the study is Indira Gandhi Nagar,

situated in Bandra (E). The affected settlements along the

Tansa Pipeline were allotted rehabilitation in areas such as

Vashi Naka, Mahul etc. However, only 19% of the 796

households in Indira Gandhi Nagar have been provided

adequate rehabilitation so far. Furthermore, the rehabilitation

tenements in Mahul have been less than satisfactory, with

depreciating health, job opportunities and income of those

rehabilitated thus far.

This paper aims to study the rehabilitation scheme and policy

framework adopted for the residents of Indira Gandhi Nagar

along Tansa Pipeline, and the struggles that residents are faced

with as they attempt to get rehoused as Project Affected

2
Persons. The paper outlines the timeline of rehabilitation

process, criteria for eligibility, change in the standard of living

both post and pre rehabilitation of those eligible and the

subsequent petitions that have been raised to bring to attention

the inhabitable conditions of the rehabilitation tenements. On

site interviews of the residents of Indira Gandhi Nagar and of

concerned ward officials have been collated and compared with

the Maharashtra Slum Clearance Act 1971 and the

Development Control Regulations 1991 in order to understand

the discrepancies within the mandated process of rehabilitation.

The paper also outlines the subsequent attempts for

implementation of the cycle track project and the concerns

raised about the same.

3
Table of Contents

1. Introduction ..................................................................... 6

2. Tansa Pipeline ................................................................. 7

3. Indira Gandhi Nagar ..................................................... 10

4. Rehabilitation scheme for Tansa pipeline residents’

resettlement .......................................................................... 14

5. A study of rehabilitation at Mahul ................................ 17

6. Former schemes of PAP Rehabilitation in Mumbai ..... 21

7. Mumbai Urban Transport Project Resettlement and

Rehabilitation (MUTP) ........................................................ 21

Context: ........................................................................ 21

Policy Framework: ....................................................... 22

Eligibility criteria: ........................................................ 23

Survey methodology: ................................................... 23

Present situation ........................................................... 24

8. Sanjay Gandhi National Park Rehabilitation (SGNP) .. 25

Context: ........................................................................ 25

Policy Framework ........................................................ 26

Eligibility criteria ......................................................... 26

Survey Methodology.................................................... 26

Present situation: .......................................................... 26

4
9. CIDCO Airport Rehabilitation Policy .......................... 27

Context: ........................................................................ 27

Policy Framework ........................................................ 27

Eligibility criteria: ........................................................ 28

Survey Methodology:................................................... 28

Present Situation: ......................................................... 28

10. Way forward .............................................................. 28

1. Context of Resettlement: .......................................... 29

2. Eligibility Criteria: ................................................... 30

3. Survey Methodology: ............................................... 31

4. Policy Framework: ................................................... 32

11. ‘Green Wheels along Blue lines’ .............................. 34

List of Figures: ..................................................................... 38

Glossary:............................................................................... 43

Acknowledgement:............................................................... 45

Author Details: ..................................................................... 46

5
 1. Introduction

Within the fabric of Mumbai through the years, there have been

several instances of displacement of people due to development

projects, redevelopment of land, security etc. One such project

is the demolition of settlements along the 160 km long Tansa

Pipeline, a major source of water supply for Mumbai where

several settlements have developed in approximately the last 50

years. This pipeline supplies 490 MLD of water (Municipal

Engineers's Association, 2003) to the citizens of Mumbai. One

of these settlements and the subject of the study is Indira

Gandhi Nagar, situated in Bandra (East). On a major

demolition drive in October 2017, all the settlements near the

Tansa pipeline were razed to implement a 2009 High court

order (PIL No. 140 of 2006, 2014). This specified the

demolition of all settlements within 10 m of the pipeline and

then securing it by building a boundary wall. Further, the

Municipal Corporation of Greater Mumbai (MCGM) was

commissioned to build a cycling track along its stretch from

Mulund to Antop Hill, titled Green Wheels along Blue

Lines(Indian Express, 2017), in order to protect it from

encroachment.

The Project Affected People (PAPs) of Tansa were allotted

rehabilitation in areas such as Vashi Naka, Mahul etc.

However, only 19% of the 796 households in Indira Gandhi

Nagar have been provided adequate rehabilitation.

6
As the pendulum of city governance swings from measures that

can upgrade slums to liveable standards; to ambitious projects

such as the cycling track, the residents of Indira Gandhi Nagar

perch on a precarious edge. As the residents of Indira Gandhi

Nagar attempt to be rehoused as Project Affected Persons, the

paper studies previous rehabilitation schemes that have taken

place in Mumbai such as Mumbai Urban Transport Project

(MUTP), Sanjay Gandhi National Park (SGNP) and the Navi

Mumbai International Airport (NMIA) schemes to see how the

rehabilitation of settlements demolished on the Tansa pipeline

compares and if a way forward can be charted.

2. Tansa Pipeline

The high pressure 1,800 – 3,000 mm diameter main Tansa

Pipeline got constructed in 1892 as a major pipeline for

supplying water to Mumbai city (Municipal Engineers's

Association, 2003).

The trunk water mains travels above ground outside the city

limits and rests on ring girders and concrete pedestals. The

above ground water mains are provided with rigid fixities and

expansion joints at regular intervals and periodic repairs of

these are required.

Due to the settlement of around 16,000 houses built along

Tansa Pipeline, the access to the pipeline and the provision of a

service road is hindered affecting regular maintenance. In

addition, the pipeline has been sporadically tapped for water,

7
contributing to frequent bursts. According to ‘Water’, a booklet

published by the Municipal Engineer’s Association, the actual

repairing of the pipeline is not a problem, it is the plugging and

isolating of a stretch of supply during the water burst that

becomes a hassle. One of the major bursts in the Tansa Pipeline

was at Indira Gandhi Nagar on July 2017 wasting around 20

lakh liters of water (Express, 2017). It resulted in the death of

two children and washing away of people, property and homes.

On 14 March 2014, a Public Interest Litigation (PIL) was

submitted by the Janhit Manch, (a judicial activist non-

governmental organisation based in Mumbai) which called for

the demolishing of settlements along the Tansa Pipeline, to

ensure security of the high pressure water pipeline (PIL No.

140 of 2006, 2014). The PIL requested the implementation of

an earlier order by the High Court to ensure a buffer of 10m

along the pipeline. The basic order was as follows (PIL No.

140 of 2006, 2014):

“We passed the order on 29.7.2009 and appointed a Committee

headed by the Chief Secretary of the State. It is not disputed

that the pipes carrying water from the source to Mumbai

citizens are more than hundred years old, and they carry water

for 160 kilometres. The Ninety kilometres of the pipes are over

the ground and sixty kilometres are underground. There are

8
hutments constructed by illegal encroachers in and around the

pipes.

Apparently, there is threat to the security as well to the health

of the citizens of Mumbai. According to the Corporation, there

are more than 15000 hutments either adjacent to the pipeline

or even at the place over it. The Committee has made and has

chalked out a plan by which the hutments would be removed by

2015 and the eligible encroachers would be rehabilitated.”

This resulted in the implementation of a High Court order to

secure a 10 m buffer from the Tansa Pipeline, and lead to the

demolition of around 10,000 hutments in totality along the

pipeline, till the time of research.

Tansa pipeline is an essential infrastructure, the loss of which

would be catastrophic for Mumbai, which relies heavily on it

for its water supply needs. The move therefore, to secure the

pipeline has been a step in the right direction. However, the

rehabilitation of the people occupying the settlements on the

pipeline has been nothing short of disastrous. The primary

focus of the paper will be on Indira Gandhi Nagar, but the

plight of those in the area has been echoed throughout all

settlements along the pipeline.

9
 3. Indira Gandhi Nagar

Figure 3.1: Indira Gandhi Nagar; a settlement next to the

Bandra Terminus in the H (East) Ward.

Figure 3.2: Indira Gandhi Nagar plots marked in the Land

Records Map. (Maharasthra, 2018)

About 500 meters of the Tansa Pipeline passes through Indira

Gandhi Nagar. The informal settlement is situated right next to

10
Bandra Railway station (H East Ward) sharing boundaries with

Behrampada and Naupada slums. On top of the Tansa water

pipelines, 3050 residents (Census of India 2011) resided in 796

informal hutments (Alap, 2018)

Over the course of 20 interviews conducted from 2016 –18, a

questionnaire was developed to understand the situation at

Indira Gandhi Nagar post and pre demolition.

Figure 3.3: A nullah containing solid waste running along the

Indira Gandhi Nagar slum in Bandra East

Indira Nagar shanties were perched precariously at the edge of

the main water pipeline and housed mostly daily wage

labourers and construction workers who worked in the

neighbourhood. The children living there used to go to schools

in the vicinity. Within the settlement itself, the pipeline became

a pathway for settlements on either side of it. The shanties were

built as double storeyed construction, with windows, at lower

11
levels, directly opening on to a nullah. Two formal separate

water pipeline connections provided potable water to this area

(Damle, 2016). At junctions along the main pipeline, water was

seen to be siphoned through subsidiary connections, tapping the

leaks and perforations in the main water pipe through smaller

rubber hoses. Water supply was scarce, and was available only

2-3 hours a day. Inadequate essential infrastructure had led to

citizens from the shanties taking the reins into their own hands,

by tapping on the water mains.

Figure 3.4: Tapping of main Tansa water pipeline at Indira

Gandhi Nagar.

Post demolition in 2018, nothing remains of this sprawling

settlement apart from the naked water pipeline. The families

that weren’t provided rehabilitation by the government have

resorted to staying in tarpaulin and scrap metal hutments along

the edge of the road. Starting 2014, a minority of hutments that

have come up after 1995, as per the Maharashtra Slum Areas

12
(Improvement, Clearance and Redevelopment) Act, 1971;

deemed eligible for rehabilitation have been allotted houses in

Mahul, Chembur, Vashi Naka etc. Mahul, a heavily-

industrialised locality, has tenement style housing with

chemical and petroleum refineries operating around the area.

The rest, even though eligible for rehabilitation according to an

amendment in the Slum Areas Act of 1971, have been through

major hassles to secure rehabilitation.

Figure 3.5: Indira Gandhi Nagar post demolition

Mr. Aasad, who runs a small paan shop along the roadside, is a

resident of one of the temporary shanties. “Roughly 150 houses

so far have been given accommodation in Mahul. They prefer

staying here, since it is closer to their places of work, and

schools.”

13
The existing trunk infrastructure in Indira Gandhi Nagar, such

as electricity lines and water supply lines have been broken

down during the demolition. So far, no applications have been

made by any NGO that the residents are aware of. The families

who were out of town at the time of preliminary surveys, or

who did not have the requisite documentation on them, were all

denied housing. No socio economic or other such additional

surveys were conducted.

According to Mrs. Malar, a garbage collector at the nearby

Bandra west station, “women harassment looms large in these

plastic shanties without doors.” It has become a constant

security threat for her to be staying at the roadside.

On 16 February 2018, the Bombay High Court took cognizance

of the fact that several shanties have been rebuilt on the

pipeline post the October demolition and ordered their clearing

while directing the MCGM to prepare an action plan for their

rehabilitation. (PIL 140 of 2006, 2018)

4. Rehabilitation scheme for Tansa pipeline residents’

resettlement

The residents of the settlements along the Tansa Pipeline are

being rehabilitated in accordance to the Section 33(10) clause

3.11 (PAP rehabilitation), of the Draft Development Control

Regulations (DCRs) of 1991 and Maharashtra Slum Areas

(Improvement, Clearance and Redevelopment) Act, 1971.

14
Section 33(10) directs the rehabilitation process of slum

dwellers that have been evicted during the process of

developing land. It directs the various criteria through which

slums can be denoted, the rights of hutment dwellers and the

eligibility criteria for the same.

The Maharashtra Slum Areas Act of 1971 mentions the need

for a photo pass as a document of identification.

The following are the criteria for rehabilitation of the residents

along Tansa Pipeline and an approximate timeline of the

process:

1) Tansa Pipeline is an essential infrastructure that needs

to be secured as per the PIL 140 of 2006 filed by Janhit

Manch. As per the directive, all hutments built along

and over the pipeline are encroachments on the pipeline

and need to be cleared.

2) The PIL led to the issuance of the Government

Resolution (GR) No.SIMP-2010/C.R.1 Slum Imp-1

dated 2 January, 2012, which directed the rehabilitation

of all slum dwellers with hutments built before January

1995. Within this, all slum dwellers whose hutments

were built before 1995 are eligible for rehabilitation.

The first phase of rehabilitation that took place

beginning in 2011 include those people who abide by

this criteria.

15
 3) The Section 33(10) mandates a residential tenement

having a carpet area of 25 sq m including balcony, bath

and water closet, but excluding common areas as

rehabilitation to those displaced. The same is being held

true for the Tansa Pipeline rehabilitation.

4) Earlier, photo passes were issued to only those slum

dwellers whose hutments had been built before 1995.

An amendment in the Government Resolution issued on

16 May 2015 (Government Resolution, No.Zopudho-

1001/Case No.125/14/Zopsu-1) directs that those whose

houses were built before 1.1.2000 are also eligible for

rehabilitation. This constitutes the second phase of

rehabilitation that shall take place in the coming years.

5) The Bombay High Court directed the MCGM to

formulate an action plan for the rehabilitation. (PIL 140

of 2006, 2018) The said action plan is still under

deliberation with no effects on ground.

As per Mr. Anil Alap, an officer in the housing department of

H (E) Ward office, of which Indira Gandhi Nagar is a part;

there are 2,090 structures in the entire H(E) ward office that are

going to demolished due to the Tansa Pipeline demolition. Of

those, only 713 structures (584 residential, 129 commercial) are

eligible for rehabilitation. The situation in Indira Gandhi Nagar

is even worse with only 155 of the 796 structures getting

rehabilitated (Alap, 2018). This is roughly 34% and 19.4 % of

16
the total population respectively. For the rest, residents who do

not have the proper documents or whose houses have been built

post 2000, no way forward has been charted out.

5. A study of rehabilitation at Mahul

Figure 5.1: The rehabilitation tenement at Mahul

Figure 5.2: Mahul as per Land Records Map (Maharasthra,

2018)

17
Mahul Gaon is located near Chembur and is part of the M ward

of Mumbai. The 18.30 hectares of land owned by

Ms/Eversmile construction was given for developing

rehabilitation as per the Slum Rehabilitation Scheme by the

Slum Rehabilitation Authority. The tenements were built on

Maharashtra Metropolitan Region Development Authority

(MMRDA) owned land by DB Realty under 3.11 scheme of the

DCR. In this scheme, developers can buy a plot of land for PAP

rehabilitation. In return, the developer gets Tranfer of

Development rights for his own construction elsewhere in the

city.The tenements were built initially to cater to the Project

Affected Persons of the BRIMSTOWAD (Brihan Mumbai

Storm Water Disposal System) which was a scheme developed

to improve Mumbai’s storm water drainage system after the

floods of 2005 (Hussain Indorewala, 2018, p. 4). The tenements

consist of 72 buildings and 17025 dwelling units which aim to

provide housing for approximately 86,000 inhabitants. At the

time of the site visit in April 2018, a number of buildings were

still in various stages of construction. The tenements are

flanked by large chemical industries such as Tata Power,

Bharat Petroleum (BPCL) Refineries and treatment facilities

(Hussain Indorewala, 2018). The unkempt tenements have

malfunctioning lifts, water shortage and electricity cuts from

time to time. The 25 sq m houses are cramped, with only a

18
single source of ventilation, inadequate lighting and families of

5-10 cramped in a single apartment.

Figure 5.3: Documentation for rehabilitation of

BRIMSTOWAD slum dwellers to Mahul

According to Nandkishore Kamble, a security personnel who

has moved to Mahul after his settlement near Powai and Saki

Naka after the Tansa Pipeline was demolished, the income loss

per month for his family has been 50%. Though he has housing

stability now, as the ownership of the houses have been handed

over to the residents, the maintenance and the scarce and

intermittent electricity and water supply costs have to be borne

19
by them. Each tenement is also under a bond for 10 years,

which makes it impossible for a tenant to sell the flat and move

out. Coupled with lack of employment opportunities and huge

transportation costs to travel to and fro for work/ school, the

move to Mahul has left these new residents more economically

hampered than before. For most of the residents, the new

accommodation has led to a feeling of being short-changed. It

is the same for Prabhunath Verma, a paan wala and grocer who

shifted here 3 years ago from the demolition of settlements

along Chembur nullah for BRIMSTOWAD.

A far more serious issue, as told by Deepa Verma, who shifted

to Mahul in 2017 from Chembur Nala are skin and lung

diseases that people are suffering from due to the close

proximity of chemical refineries. Her limbs have suffered

rashes. The elderly suffer from lung infections. The water too

comes in a yellowish hue that many suspect is because of the

nearby chemical factories. This has led to many sending out

applications to the MCGM deeming Mahul unfit for human

habitation. The National Green Tribunal (NGT) in 2015 had

directed the environment department to probe these complaints.

(Application No. 40/2014(WZ), p. 2). Studies have reported the

environment at Mahul unfit for habitation.

According to Mr. Alap of H (East) Ward office, there have

been several writ petitions at the Bombay High Court for better

rehabilitation than Mahul. There are talks of new plots of land

20
opening up in the new Development Plan 2034, and after a long

sustained process, there are talks of the residents of Mahul

being shifted to Borivali, Kurla and Ghatkopar. (Somaiya,

2019)

6. Former schemes of PAP Rehabilitation in Mumbai

The Tansa Rehabilitation project is one among many other such

schemes that have been carried out in the city of Mumbai as a

precursor to upcoming development projects. Prime among

them, and the ones that will be discussed further are the

Mumbai Urban Transport Project (MUTP) rehabilitation

process, the Navi Mumbai airport rehabilitation process and the

Sanjay Gandhi National Park (SGNP) rehabilitation project.

The projects are studied as a way to understand the failings of

the rehabilitation of the Tansa Project, and the way forward that

can be determined. All of these projects were floated under the

context of infrastructure development in Mumbai and led to

subsequent large scale rehabilitation. They will be studied

through the policy framework through which they operate, the

time frame and the context, survey methodology and the

percentage of successful rehabilitation that they achieved.

7. Mumbai Urban Transport Project Resettlement and

Rehabilitation (MUTP)

Context: MUTP was conceptualised by the Mumbai

Metropolitan Region Development Authority (MMRDA) to

improve the railway and other infrastructure in Mumbai

21
 Metropolitan Region along with funding from the World

Bank from 2002 - 2008. Around 10,000 families have been

resettled so far, with 40% in permanent homes and the rest

in transit accommodation (Burra, p. 4). Phase 1 addressed

the resettlement needs of 3,273 households and 688 shops.

(Bank, 2004) Rehabilitation was carried out in areas of

Mankhurd, Ghatkopar, Oshiwara, Majas and even parts of

Mahul. (Sonawane, 2007)

Policy Framework: As per the Government of Maharashtra

report on Resettlement and Rehabilitation Policy for the MUTP

project, there were approximately 45,000 households in the

preliminary survey who were to be resettled due to the project.

(1) The objectives of the policy were fivefold:

to minimize resettlement; to provide adequate

compensation and assistance to those who have to

be rehabilitated; and to give housing rights to the

same; to develop community linkages and establish

partnerships with community based organisations;

to retain existing community network (Resettlement

and Rehabilitation Policy for Mumbai Urban

Transport Project (MUTP), 2000, p. 2).

(2) The resettlement and rehabilitation was made

possible through private investment to offset the

cost of construction. Private investors who

agreed to build rehabilitation were given transfer

22
 of development rights (TDRs). The Government

also involved NGOs for a grassroots

involvement in the rehabilitation.

(3) A lump sum amount to be given for

transportation for a year to those whose travel

distances have been increased due to the

resettlement and to be given to those workers

who have lost their jobs in the resettlement

process for a year.

(4) Access to training and employment information

to those who have lost their jobs.

(5) A grievance redressal agency is also appointed

to consider any grievance of the affected PAPs.

Eligibility criteria: Project Affected Persons (PAPs) due to the

MUTP included all legitimate occupants of land and squatters

that had settled on the land till the time of the baseline survey.

It also attempted to continue community linkages by resettling

about 20% of non-affected people to affected people whose

community bonds would suffer economically or otherwise by

the resettlement. (Resettlement and Rehabilitation Policy for

Mumbai Urban Transport Project (MUTP), 2000, p. 4).

Survey methodology: The MMRDA along with local NGOs

such as Society for Promotion of Area Resouces (SPARC) and

the National Slum Dweller’s Federation (NSDF), based in

Mumbai, conducted community led surveys of the demolition

23
sites. The surveys included the number of structures to be

affected, as well as socio economic considerations such as

income, commercial entities and assets. (Bank, Mumbai Urban

Transport Project (IBRD Loan No. 4665-IN; IDA Credit No.

3662 -IN), 2005, p. 62)

Present situation: According to a report published by Ghar

Bachao Ghar Banao Andolan (NGO), the methodology for the

baseline survey was questioned. Concerns were raised about

the environmental impact assessment and involuntary

resettlement of some of the residents. The reports on the lack of

livelihood opportunities were similar to the impact that we see

on resettlement in Mahul (Connected Roads and disconnected

lives of the World Bank funded Mumbai Urban Transport

Project). Further. An investigative panel set up after complaints

by the rehabilitated, by the World Bank, acknowledges certain

failures of the scheme such as errors in the baseline survey,

insufficient environment assessment pre rehabilitation and a

discrepancy in providing adequate rehabilitation to small scale

businesses and the informal economy running the area. The

panel found the NGO led survey to be inaccurate, and the

MMRDA incapable of handling a project of this scale. The

report also mentioned the need for environment assessment at

the polluted rehabilitation site at Mankhurd (Bank, Mumbai

Urban Transport Project (IBRD Loan No. 4665-IN; IDA Credit

No. 3662 -IN), 2005)

24
 8. Sanjay Gandhi National Park Rehabilitation

(SGNP)

Figure 8.1: Sangharsh Nagar in Chandivali, near Powai, is a

rehabilitation colony for the residents of Sanjay Gandhi

National Park. Images sourced from ©2017 PKDas.com.All

rights reserved.

Context: PIL 305 of 1995 was filed by the Bombay

Environmental Action Group to raze and demolish all illegal

structures within the SGNP, on account of them having an

ecologically ‘disastrous’ impact on the forest and causing

‘deforestation’ in the area. On 7 May 1997, the High Court

directed the rehabilitation of all structures built before 1995

within the SGNP premises (around 80,000) to be relocated

outside the SGNP within 18 months of the issuance of the

order. Around 12,000 hutments have been demolished so far in

areas such as Chandivali and Powai within the Phase 1 of the

project, with 15,000 people in transit camps, says a report by

Nivara Hakk (NGO). (Hakk, 2018)

25
Policy Framework: The informal settlements at SGNP were

rehabilitated as per Maharashtra Slum Areas (Improvement,

Clearance and Redevelopment) Act, 1971.

Eligibility criteria: The settlements were deemed eligible for

rehabilitation through similar methods of photo pass issuance

according to the Maharashtra Slum Areas (Improvement,

Clearance and Redevelopment) Act, 1971 and rehabilitated as

per section 33(10) of the DCR.

Survey Methodology: No known method of survey was

carried out prior to demolition. However, biometric surveys are

requested from the rehabilitation authority by the authorities at

SGNP. (Conduct biometric survey of slum-dwellers: SGNP to

SRA, 2018)

Present situation: The process of rehabilitation was hindered

due to resistance from residents, a refusal to pay the ‘rehab’ fee

and use of force and coercion by the government to ensure

demolition. A disruption of jobs for PAPs was caused due to

provision of tenements 60 km away from SGNP.

26
 9. CIDCO Airport Rehabilitation Policy

Figure 9.1: Pushpak Nagar rehabilitation. (CIDCO, 2015)

Context: The Navi Mumbai International Airport (NMIA) will

lead to the rehabilitation of 3,500 koli villagers that are

occupying The City and Industrial Development Corporation of

Maharashtra (CIDCO) owned land. Around 10 villages of

varying population are to be displaced for the construction of

the airport to be built on 600 acres of that land.

Policy Framework: Farmers whose land has been acquired for

the project will get 22.5% developable land at Pushpak Nagar;

500m from the boundary of NMIA (Rajak, 2016, p. 10),

Vadghar, Vahal etc. The plots are provided close to the place of

displacement, through a method of lottery.

Each family receives a homestead land, cash compensation for

construction by way of INR 1,000 per sq ft and a house shifting

27
grant. In addition, an agricultural wage is given to farmers

whose livelihoods are disrupted in the process of shifting

(Rajak, 2016, p. 10).

Trunk infrastructure is promised, but the onus of construction

of the house is on the resettled people, which primarily happens

through cash compensation. (Appendix IX, CIDCO

Compensation scheme, 1975)

Eligibility criteria: The Land Compensation scheme as

mentioned in the Government Resolution CID1812/C.R.

274/UD10, dated 1st March 2014, provides compensation for all

land holders whose lands have been acquired after 1st March

2014.

Survey Methodology: No survey of the affected population

was conducted surveying socio economic capacities. However,

an environment impact assessment was carried out on ground

before site selection. (CIDCO, 2015)

Present Situation: The rehabilitation process still remains

incomplete, with only 150 families availing of this scheme. The

NMIA project is also underway and incomplete. Of the 3,500

families, 1,000 are yet to be given letters of relocation

(Financial Express, 2017).

10. Way forward

It has become clear that the small amount of rehabilitation at

Mahul has negatively impacted the health and economic

28
prospects of the people. On learning from the above examples,

an overview key issues that a rehabilitation policy for Tansa

should implement is as follows:

1. Context of Resettlement:

a) Health and safety:

1) The health and safety issues that Mahul tenements pose by

virtue of their proximity to chemical factories and treatment

plants need to be addressed. HPCL, BPCL and other

refineries in the area emit carcinogens and volatile organic

compounds (VOCs) as stated by the National Green

Tribunal. It is important to create a comprehensive action

plan to deal with VOC emission and health impact

assessment surveys need to be conducted. On the basis of

this, either a source control plan for emission reduction can

be drafted or alternate sites need to be looked at. It is highly

recommended that alternate sites be looked at.

2) Environmental Impact assessment should have been

conducted prior to rehabilitation and environmental

clearance should have been sought. It is recommended that

the above is done for the new sites of rehabilitation.

b) Site Allocation:

1) It is important that sites for PAP rehabilitation be chosen in

the vicinity or close to the location of the original

settlement, if not in the same location. In the case of

residents of Tansa Pipeline, even though in situ

29
 rehabilitation may not be a feasible solution, the

resettlement in a far off location has led to a disruption in

jobs and education for the residents.

c) Amenities:

1) Amenities such as schools, hospitals and healthcare

facilities, should be provided in the vicinity, or within the

premises. As per National Building Codes (NBC), it is

recommended, to provide 0.32 sq m of schools, 0.07 sq m

of health facilities and 0.6 sq m of market area. On

inspection, it is apparent that Mahul tenements are deficient

in all of these criteria.

2) The nearest railway station near Mahul is the Sion railway

station (7 km) and that is impractical as daily transportation.

Financial compensation can be provided for those whose

distances of travel have increased exponentially due to

rehabilitation.

3) The foremost criteria for site allocation for PAP of Tansa

pipeline should be the proximity for opportunities for

employment. It is essential that the PAPs regain, if not

improve their earlier standard of living and earning capacity

post resettlement.

2. Eligibility Criteria:

1) Perhaps the gravest of issues that any rehabilitation policy

has to address, is the cut-off date. Approximately 80% of

the population of Indira Gandhi Nagar are rendered

30
 homeless due to not owning the required documents

showing proof of existence, while others whose houses are

built post January 2000 suffer similarly. Is it therefore

feasible to consider all settlers at the time of the baseline

survey? It is imperative that all residents, notwithstanding

the date, are treated as Project Affected Persons and given

adequate compensation and/or rehabilitation.

3. Survey Methodology:

1) It is important to develop a methodology to conduct

accurate and precise surveys prior to demolition and

subsequent rehabilitation. It is important to carry out

surveys with a party efficient in community interaction, i.e.

NGOs that have worked in the locality for a substantial

period of time. The methodology of survey should bear in

mind the following:

i) Time periods: It is essential that all data is collected

close to the date of demolition as possible with

accurate on ground census, considering all

eligibility criteria and not be conducted over the

years as is common practice.

ii) It is important to define terms and units consistently

such as household, unit etc. and define the role of

the occupant i.e. owner/ renter. As is evidenced by

the Indira Gandhi demolitions, most people who

rented out houses were not given rehabilitation

31
 iii) It is important to include commercial enterprises

such as small scale household businesses, shops etc.

and provide rehabilitation accordingly.

iv) Socio economic surveys to determine income levels,

occupations and land status are to be accurately

tabulated to measure the impact of rehabilitation.

v) It is important to conduct community led

participatory surveys in order to disseminate

information and address grievances prior to

demolition.

4. Policy Framework:

2) A pitfall the Tansa rehabilitation faces is the absence of

NGOs to understand rehabilitation at grassroots levels both

post and pre rehabilitation.

3) The Tansa rehabilitation at Mahul could also benefit from a

system of grievance redressal and conciliation of disputes

post rehabilitation that so far has not been undertaken.

4) As with the MUTP policy and CIDCO’s rehabilitation

policy, it is favourable to also provide compensation for

those residents that suffered income loss due to the lack of

job opportunities post displacement.

5) The rehabilitation policy should also develop transportation

systems within the area to supplement the inadequate

existing systems or provide adequate compensation as per

the MUTP policy as a lump sum amount.

32
6) The provision of training and dissemination of information

about employment opportunities to those that have lost their

source of income will be beneficial in the long run.

7) Mahul gaon tenements flout the norms prescribed by the

NBCs, where in the density per hectare at Mahul (1327

tenements per hectare) is exponentially more than the

prescribed 500 tenements per hectare (Hussain Indorewala,

2018). Additionally, the tenements are built only 6 m apart

from one another, flouting the NBC regulation of having

setbacks half the height of the building. The tenements have

poorly functioning infrastructure and malfunctioning lifts,

and are dark and unkempt. Design of such tenements are

unacceptable. All rehabilitation tenements should adhere to

the NBC and further provide a living experience better than

the ones afforded by the demolished settlements.

8) Allocated funds for `the Green wheels project and the

rehabilitation scheme should be available for inspection. A

thorough imbalance in fund allocation has led to the

floating of a 300 cr cycle track project with only a meagre

29 cr to be allocated to the development of Mahul gaon.

The residents of Mahul have vehemently denied this fund

allocation, instead demanding a new site for rehabilitation.

33
 11. ‘Green Wheels along Blue lines’

Figure 6.1: Map of the parts of Tansa Pipeline within Mumbai

that will be a part of the ‘Green Wheels along Blue Lines’

project (MCGM, 2019)

Figure 7: Map of the proposed cycle track (MCGM, 2019)

34
Figure 11.3: The proposed cycle track project passing through

Indira Gandhi Nagar

The Hydraulic Engineering department of the MCGM is

managing the construction of the upcoming cycle track along

the Tansa pipeline along with private parties. Though the aim

of the project is security of the pipeline, how it can be kept

secure by inviting an influx of people and making it a public

space is difficult to understand. Corporators are backing out of

the Tansa cycle track project due to the unfeasibility of the

project (Mumbai Mirror, 2018) and its high projected cost of 11

crore per km. A similar example was the Bandra Kurla

Complex (BKC) cycle track in Mumbai which was 16 km long.

It was inaugurated in April 2011, with a project cost of 6

crores. The project was considered a failure, because the usage

of a cycle track in the predominantly corporate district was

35
doomed since its conception. After the failure of the ambitious

cycle track at BKC, the corporators are apprehensive about

another project that could lead to an impending failure.

The Tansa cycle track, with its Bollywood walk, Mumbai book

route and artistically painted pipelines with its astronomical

cost seems like a waste of public money as compared to its

monetary utilisation for adequate rehabilitation.

With the spate of recent demolitions, it becomes obvious that in

the wrestle with Mumbai’s infrastructure development, however

inadequate and ill-ambitioned, the residents of Indira Gandhi

Nagar lose out. The cycle track, along with similar ambitious

projects, all seem to be full steam ahead on their way to

construction without understanding the ground realities.

A systemic change needs to be brought about in how we

prioritise growth and development of our city vis-à-vis the

quality of life of all its citizens. It is important that essential

services and infrastructure which are basic rights to life are

provided first, and only once these are in place, should additional

projects be implemented which can upgrade and complement

existing facilities. As a number of citizen groups and government

bodies attempt to realign and reshape the development of the city

of Mumbai; already buckling under the volatile real estate sector

and high land prices, settlements like Indira Gandhi Nagar are

caught in the continuous tussle.

36
While certain infrastructure security projects do necessitate

rehabilitation, there are several others within the city that

actively target legitimate households in prime areas for monetary

gains. How can we justify certain infrastructure development

projects within the city in relation to loss of settlements and

standard of living? Of necessary infrastructure projects, it is

possible to envision an inclusive and effective rehabilitation

scheme that can effectively manage to safeguard our

infrastructure and provide a comprehensive rehabilitation action

plan for the PAPs, but that will require precise planning of

several factors such as time and a clear and balanced allocation

of funds, managing resources, extensive prior research before

rehabilitation etc. Furthermore, well intentioned policies have

been inadequately implemented. Strong implementation of a

holistic rehabilitation policy, stringent quality control and an

answerable body of a panel of experts headlining the

rehabilitation process is a must. A successful rehabilitation

policy can be implemented by a successful collaboration

between the government body, grassroots NGOs, developers and

the PAPs. It is only then that an inclusive environment can be

shaped in the cities of today.

37
List of Figures:

Figure 3.1: Indira Gandhi Nagar; a settlement next to the

Bandra Terminus in the H (East) Ward. .................................. 10

Figure 3.2: Indira Gandhi Nagar plots marked in the Land

Records Map. (Maharasthra, 2018) ......................................... 10

Figure 3.3: A nullah containing solid waste running along the

Indira Gandhi Nagar slum in Bandra East ............................... 11

Figure 3.4: Tapping of main Tansa water pipeline at Indira

Gandhi Nagar. .......................................................................... 12

Figure 3.5: Indira Gandhi Nagar post demolition .................... 13

Figure 5.1: The rehabilitation tenement at Mahul ................... 17

Figure 5.2: Mahul as per Land Records Map (Maharasthra,

2018) ........................................................................................ 17

Figure 5.3: Documentation for rehabilitation of

BRIMSTOWAD slum dwellers to Mahul ............................... 19

Figure 8.1: Sangharsh Nagar in Chandivali, near Powai, is a

rehabilitation colony for the residents of Sanjay Gandhi

National Park. Images sourced from ©2017 PKDas.com.All

rights reserved. ......................................................................... 25

Figure 9.1: Pushpak Nagar rehabilitation. (CIDCO, 2015) ..... 27

Figure 11.1: Map of the parts of Tansa Pipeline within Mumbai

that will be a part of the ‘Green Wheels along Blue Lines’

project (MCGM, 2019) ............................................................ 34

Figure 11.2: Map of the proposed cycle track (MCGM, 2019)

.................................................................................................. 34

38
Figure 11.3: The proposed cycle track project passing through

Indira Gandhi Nagar ................................................................ 35

References:

Alap, A. (2018, May 12). Officer at H(East) Ward office. (I. K.

Thomas, Interviewer)

Ghar Banao Ghar Bachao Andolan (n.d.). Connected Roads

and disconnected lives of the World Bank funded

Mumbai Urban Transport Project. Mumbai.

Appendix IX, CIDCO Compensation scheme. (1975). In

CIDCO General Development Control Regulaions.

Navi Mumbai,India.

Application No. 40/2014(WZ) (National Green Tribunal

February 3, 2015), Pune, India

Bank, W. (2004), Bank management response to request for

inspection panel review of the India Mumbai,Urban

Transport Project Mumbai.

Bank, W. (2005). Mumbai Urban Transport Project (IBRD

Loan No. 4665-IN; IDA Credit No. 3662 -IN). Mumbai:

World Bank.

Burra, S. (2001). Resettlement and Rehabilitation of the Urban

Poor: MUTP,10(4), Mumbai, Society for the Promotion

of Area Resource Centres

39
CIDCO, N. (2015). 'Smart' Communities Pushpak Nagar.

Mumbai.

Conduct biometric survey of slum-dwellers: SGNP to SRA.

(2018, October 19). Free Press Journal.

Damle, S. (2016, June). Centre for Right to Housing. (P. B.

Ipshita Karmakar, Interviewer)

Department of Housing (2000). Resettlement and

Rehabilitation Policy for Mumbai Urban Transport

Project (MUTP). Mumbai: Government of Maharashtra.

Sharma, R. (2017, January 16). Navi Mumbai International

Airport, hit by hurdles, is a long way from take-off.

Retrieved from Financial Express:

https://www.financialexpress.com/economy/navi-

mumbai-international-airport-hit-by-hurdles-is-a-long-

way-from-take-off/509367/

Hakk, N. (2018). Retrieved from Nivara Hakk:

http://www.nivarahakk.com/slum-movement-national-

park.php

Indorewala,H. and Wagh,S. (2018). From Basti to Slum: Mahul

PAP Township. Collective for Spatial Alternatives.

Sarkar,A. (2017, October 3). Tansa pipeline project in Mumbai:

Encroachments in three wards yet to be removed, work

on cycle track begins. Mumbai, Maharashtra, India.

40
Maharasthra, G. o. (2018). Retrieved from

mumbaisuburban.gov.in:

https://mumbaisuburban.gov.in/land-records-maps/

Marpakwar, C. (2018, January 13). Tansa cycle track runs into

trouble over 'unreal' cost. Retrieved from Mumbai

Mirror:

https://mumbaimirror.indiatimes.com/mumbai/cover-

story/tansa-cycling-track-runs-into-trouble-over-its-

unreal-cost/articleshow/62481237.cms

MCGM (Director). (2019). Green Wheels Along Blue Lines

[Motion Picture].

Municipal Engineers's Association, M. (2003). Water:

Brihanmumbai Licensed Plumber's Association.

PIL 140 of 2006 (Bombay High Court February 16, 2018).

PIL No. 140 of 2006 (High Court Judicature at Bombay March

19, 2014), Mumbai.

Rajak, R. (2016). Development Project, Land Acquisition and

Resettlement in Maharashtra: A study of Navi Mumbai

International Airport Project. Mumbai.

Somaiya, D. K. (2019). Retrieved from kiritsomaiya.com:

https://kiritsomaiya.com/3249/

41
Sonawane, R. (2007). Resettling PAPs for Urban Infrastructure

in the Mega City of the Largest Working Democracy.

Mumbai: MMRDA, Government of Maharashtra.

List of Abbreviations:

BEST: Brihanmumbai Electricity Supply and Transport

BKC: Bandra Kurla Complex

BPCL: Bharat Petroleum Corporation Limited

BRIMSTOWAD: Brihanmumbai Storm water disposal system

CIDCO: City and Industrial Development Corporation

DCR: Development Control Regulations

GR: Government Resolution

MCGM: Municipal Corporation of Greater Mumbai

MMRDA: Mumbai Metropolitan Regional Development

Authority

MLD: Millions of Liters per Day

MUTP: Mumbai such as Mumbai Urban Transport Project

NBC: National Building Code of India

NGO: Non-Governmental Organisation

NGT: National Green Tribunal

NMIA: Navi Mumbai International Airport

42
NSDF: National Slum Dweller’s Federation

PAPs: Project Affected People

PIL: Public Interest Litigation

SGNP: Sanjay Gandhi National Park

SPARC: Society for Promotion of Area Resource Centres

TDR: Transfer of Development Rights

VOC: Volatile Organic Compounds

Glossary:

Basic order: A basic court order is an official proclamation by

a judge (or panel of judges) that defines the legal relationships

between the parties to a hearing, a trial, an appeal or

othercourt proceedings.

Baseline survey: baseline survey needs to be developed and

created when social data is being collected at the beginning of a

project.

Chandivali: Mumbai, L ward

Chembur: Mumbai M West ward no. 147

Government Resolution: a written motion adopted by a

deliberative body

Health Impact Assessment: Health impact assessment is

defined as "a combination of procedures, methods, and tools by

which a policy, program, or project may be judged as to its

43
potential effects on the health of a population, and the

distribution of those effects within the population."

Homestead land:

a dwelling with its land and buildings, occupied by the owner a

s a home and exempted by a homestead law from seizure

or sale for debt.

Hutments: Informal settlements

Koli: Fishing communities indigenous to Maharashtra

Lump sum: A single payment made at a particular time, as

opposed to a number of smaller payments or instalments.

Nullah: A watercourse, riverbed, or ravine.

Paan: Tobacco leaves (hindi)

Paan wala: Tobacco leaves seller (hindi)

Photo pass: People who are living in the slums before the year

2000 are entitled for a photo pass that is issued on the name of

only one member of the family. These passes not only enables

the eligible slum dwellers to reap the benefits of the SRA

scheme but also gives a photo-pass holder the right to select

their builder for the redevelopment of their area.

Service road: A subsidiary road running parallel to a main road

and giving access.

Shanties: Informal settlements

44
Tenements: A house divided into and let as separate residences

Transfer of Development Rights: Transfer of Development

Rights (TDR) is a voluntary, incentive- based program that

allows landowners to sell development rights from their land to

a developer or other interested party who then can use

these rights to increase the density of development at another

designated location

Transit accommodation: Temporary accommodation for slum

dwellers

Vashi Naka: Mumbai M East ward

Writ petitions: Writs in India are the Formal order of the court

directing the authorities in case there is a violation of

fundamental rights by a government authority or body.

Acknowledgement:

We would like to express our special thanks of gratitude to

Pankaj Joshi, executive director of the Urban Design Research

Institute (UDRI), who has helped us formulate this research and

provided his guidance. We would also like to thank Omkar

Gupta and Urmi Kenia, directors of the UDRI for their inputs.

We express thanks also to Hussain Indorewala (Kamla Raheja

Vidyanidhi school of Architecture and Environmental studies)

and Sitaram Shelar for the information and the guidance that

they have provided. We would also like to extend our gratitude

to Parth Batavia, Abhaya Kadam, Manali Patil and Riddhesh

45
Ghadi for the research that we conducted in 2016 prior to

demolition of Indira Gandhi Nagar.

A special thanks to Afreen Sheikh of the Research and

Resource centre of UDRI for allowing us access to books and

material for our research.

Author Details:

Ipshita Karmakar worked as a Research Associate with the

Urban Design Research Institute, Mumbai at the time of

research in 2017. She currently works as an architect for post-

earthquake rehabilitation of heritage sites in Nepal.

Justin Thomas is an architect currently employed with Perkins

Eastman, Mumbai.

They have both graduated from Kamla Raheja Vidyanidhi

Institute for Architecture and Environmental Studies, Mumbai

in 2017.

46