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Urban Encroachment

Age of slums is why BMC hesitates to remove settlers around water mains

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Indian Express  29.06.2010

Age of slums is why BMC hesitates to remove settlers around water mains

Stuti Shukla Tags : BMC water mains protection project, mumbai Posted: Tue Jun 29 2010, 00:18 hrs

Mumbai:  More than a year after the Brihanmumbai Municipal Corporation (BMC) came up with a project to protect the water mains and the adjoining municipal land from encroachments, barely 7 per cent of the total work has been completed. Of the total encroached area of 1.42 lakh square metres adjacent to water pipelines, reservoirs and pumping stations identified by the hydraulic engineering department, only 10,000 square metres of such land has been cleared until now. The reason for the delay in the Rs.81-crore project is that over 70 per cent of the slums along pipelines have been built before 1995 and the civic body needs to provide alternative housing for them before demolishing the hutments.

The proposal was passed with a view to prevent damage to pipelines that happen through frequent thefts and pilferage by those residing in the encroached areas. Nearly 20 per cent of the total water supplied to the city is lost owing to thefts and leakages.

The civic body had in May 2009 passed a proposal for protection of pipelines, reservoirs and pumping stations and the adjoining land owned by the hydraulic engineering department by constructing compound walls, fencing and developing gardens on the land. The proposal also included surveillance of pipelines by security guards. The contract was awarded to Krystal security firm for carrying out surveillance for a period of two years. However, after spending of Rs 13.85 crore —the total allocated budget is Rs 81 crore— only seven percent of the work has been completed. 

In a survey conducted by the hydraulic engineering department of the BMC, a total area of 1,42,158 square metre was found to be encroached upon by hutments close to a stretch of 61.7 kilometres of water pipelines and a number of reservoirs and pumping stations across the city, eastern and western suburbs. As many as 15,743 such structures were identified.

In the past one year, 6000 square metres of encroached land adjacent to water pipelines near the international airport in Andheri and 3000 suqare metres of encroached land near the BMC ward office in Bandra has been cleared by demolishing hutments.

“In most cases, we can’t demolish slums because they are protected. Following the court’s clearance to the demolish slums near airport and in Bandra, we have constructed compound walls, pathways and gardens around it after razing hutments. We have also posted security guards to prevent encroachments. However, for the rest of the places, we need to constrcut alternative housing before carrying out demolition drive,” said Deputy Hydraulic Engineer Pramod Guhe. However, he added that the remaining work would be completed before May 2011.

Last Updated on Tuesday, 29 June 2010 10:44
 

To protect or to pull down: state hopes SC will show way out of Thane dilemma

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Indian Express   28.06.2010

To protect or to pull down: state hopes SC will show way out of Thane dilemma

Shweta Desai Tags : high court, encroachment Posted: Mon Jun 28 2010, 03:22 hrs

Mumbai:  Illegal structures: HC says demolish all in Thane, state wants 2000 cutoff

The government is walking a tightrope between a Bombay High Court directive to demolish all unauthorised structures in Thane and its own commitment to protecting such structures built in or before 2000.

Amid the confusion over whether to protect or demolish buildings constructed between 1995 and 2000, the state government has urged the High Court to wait till the Supreme Court delivers a judgment on extension of protection till 2000.

Following a public interest litigation by Harit Vasai Sanrakshan Samiti (HVSS), the High Court had slammed the state for allowing unauthorised structures to mushroom. Although the government has now prepared an action plan to carry demolition on public land by December 31, it hopes the court will allow it to go soft on illegal residential structures, of which there are so many that demolition could backfire for the government

According to an affidavit by the Thane deputy commissioner, the district has 2,36,462 illegal structures, of which over 75,000 are in Kalwa and 41,671 in Mumbra.

“While the government grants protection to encroachments prior to January 1, 1995, a request to extend this till 2000 is pending in the Supreme Court since 2007. Therefore, the High Court may allow the government to wait till the Supreme Court decision and proceed accordingly,” the urban development department (UDD) says in a note it submitted to the High Court a few days ago, following a meeting of a high-powered committee headed by Chief Secretary J P Dange. 

A bureaucrat said, “While we are keen to demolish the illegal structures by the year-end, there is a possibility that the Supreme Court will deliver its verdict and grant protection till 2000. We are awaiting that judgment and want the High Court to consider it.”

Officials said they will wait for the High Court to specify whether to demolish unauthorised structures built till 2000 or those constructed thereafter. The hearing is scheduled on July 1.

The UDD meeting has also asked all civic bodies in Thane district to chalk out a plan for removal of unauthorised constructions on public land. Non-residential structures on foothpaths, pathways and other public land will have to be identified, sent notices and razed by September.

HVSS lawyer Uday Warandikar said the High Court had asked for demolition of all illegal structures till date. “In any case, the policy decision should be in accordance with the welfare of citizens.”

Last Updated on Monday, 28 June 2010 11:24
 

HC raps Vadodara municipal commissioner

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The Times of India     22.06.2010

HC raps Vadodara municipal commissioner

 
AHMEDABAD: Gujarat High Court, on Monday, came down heavily on Vadodara municipal commissioner MK Das in connection with a demolition drive and rebuked him saying, “Encroachment takes place in cities because of your negligence.”

Hearing a case filed by People’s Union for Civil Liberties (PUCL) after Vadodara Municipal Corporation (VMC) demolished houses in Dholikui area despite court’s instruction that the 540 residents should be provided alternative arrangement first, a bench headed by Chief Justice SJ Mukhopadhaya pulled up authorities. However, the court also observed that immigrants to cities like Ahmedabad and Vadodara are not landless. Nowadays, the government have policies like NREGA so that people do not have to leave their villages.

The judges also made oral observation that there should be schemes to provide shelter to those who are landless.

Earlier this month, VMC demolished 77 structures in a locality in Dholikui without providing them any alternative shelter. After PUCL approached high court, the commissioner was summoned, who was asked to discuss the issue with collector and provide temporary shelter to residents.

The commissioner has also been asked to see that after proper discussion between urban development department and revenue department, a permanent alternative arrangement is done for the residents. He has been asked to file an affidavit in this regard by Friday, when further hearing is scheduled.
 


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