Speak up Mumbai: Is forcible eviction the only escape route?

On August 31, 33 people lost their lives after Hussaini Building in Bhendi Bazaar collapsed. This building was issued notices for vacating the premises in 2011, yet residents continued to stay.

Of the 16,000 cessed buildings in south Mumbai, there are about 3,000 which are dilapidated, unsafe and dangerous. State Housing Minister Prakash Mehta has said the government will first target such crumbling structures for forcible eviction.

Many residents do not vacate dilapidated buildings despite MHADA issuing them a notice, because they fear that they will not return to their original homes once they are shifted to transit camps. These buildings are dangerous, and notices are issued to them from authorities, yet residents do not vacate them. There are provisions under the MHADA Act for forcible eviction, and section 95A talks about it in detail.

DNA spoke to Mumbaikars on whether sections of the MHADA Act should be invoked to forcibly evict residents of dilapidated buildings to avoid further tragedies.

PEOPLE SPEAK

If MHADA wants to forcefully evict tenants it should also ensure that the developer, who is appointed to redevelop the building, does so in time. In my case, we were forcefully evicted from Sewri in 2000 and have been staying in a transit camp since. If MHADA can’t ensure that, it shouldn’t forcefully evict tenants.
—Manoj Sawant, resident of a transit camp in Sewri

Not in all cases, but if someone is refusing to relent, then I believe, the only option will be forced eviction, for their own safety. But, MHADA and BMC should also ensure that they get proper transit accommodation. The authorities should also ensure that the reconstruction is done on time.
—Hamja Mohammad Usman Ansari, resident of Mumbai Central

The authorities can use force to evacuate residents from a dilapidated building. But, they must ensure that every resident gets immediate accommodation. The civic body has also looked upon timely redevelopment of the dilapidated buildings. And, in case there is delay in redevelopment of the buildings, the developer should be punished.
—Anshu Dokania, resident of Ghatkopar

I do not think anyone should be forced out of their homes just because their building is declared dilapidated. The government should provide them with alternate accommodation nearby. People who have lived in an area all their life, will want to continue to live there for several reasons. Some have invested their entire savings to acquire those houses. Anyway, if they refuse to move out despite the authorities following all procedures duly, force must be used.
—Rohit Naik, resident of Vile Parle

The government must ensure that residents of dilapidated buildings are treated well, and put up at proper rehabilitation centres. The use of force will only make people question the efficiency of the government. I hope that the government takes the issue seriously and rehabilitate people in good buildings rather than in transit camps, which are in a shabby state.
—Poorva Kamat, resident of Vikhroli

If people are not moving out of dilapidated buildings even after the civic body issues them a notice, it is high time the authorities, with the help of police,  forcefully evict such people. However, it is the duty of the authorities to arrange for immediate, alternate places of residence to them.
—Shekhar Bhandari, resident of Bhandup

If the building is in extremely poor condition, then compulsory eviction is justified, as a person’s life is more important than the house. However, a written assurance of time-bound construction of the flats is something the government and the developers are legally bound to provide. If the developer/government convinces the tenants that they will get back their homes in time, the tenants will definitely evacuate their dilapidated homes.
—Manda Shete, resident of Chembur

EXPERT SPEAK

The government, before forcibly evicting any resident, should make arrangements for their stay. If right to life is a constitutional right, then right to shelter should be followed by every government. Residents do not wish to leave fearing that they will be sent to transit camps that are far from their place of residence. Location is an important factor when it comes to moving to a new place.
—Advocate Shirish Deshpande, Chairman, Mumbai Grahak Panchayat.

MHADA has a special repair board. The work of this board is to evict residents of dilapidated buildings and shift them to transit camps. They collect cess and their work is to construct transit camps. Remove residents forcibly, but then, where will they stay? Are there enough transit camps to accommodate all?
—Dr Sanjay Chaturvedi, Executive Editor, Accommodation Times