Introduction

It is to understand that the Slums are not a surprise element of Urban unauthorised Development. It is developed not in one day but over a period of time. It is very well in the notice of Government Machinery or Local Bodies like Municipal Authority, Development Authority and even Police machinery.

Some of the major guardians of land that is Municipal Corporation has a mandatory role to monitor the land use of any urban area proposed under planned development through the Master Plan tool. This unauthorised development is not a hidden development in a concrete jungle.

Slums

Slum is almost synonymous with urban poverty and hunger. The word ‘Slum’ was originally used as the ‘back slum’ meaning the backyard or ‘back room’ and later ‘back alley’. Other terms which many times used to portray slum include, ‘shanty town’, ‘favela’, ‘skid row’, ‘barrio’, ‘ghetto’, and ‘The hood’.

But, the Slums are actually referring to unplanned & unfit human Settlement. A slum is a byproduct of any process of Urbanization or an integral part of the phenomena of urbanization.

Slums were there even prior to the Britisher’s Rulings. The biggest examples are fishermen who settled near the Coastal region for their livelihood. For Instance in Kolkata and Mumbai. Some other settlements were near rivers or low lying areas near rivers where no sensible human settlement dare to settle due to any calamities. Centuries ago, the population was less and most of the land was vacant/ unused by the King/ any Government (if exists). So some the community vernacularly settled in these areas.

Since such communities were not professional enough to plan the settlement with consideration of light, ventilation and required facilities, the settlement grew of its own in an unplanned, unfit and informal manner.

Nowhere, Slum is defined in any content of Law/ Statute/ Rules. But only ‘the Slum Areas (Improvement and Clearance) Act 1956‘ defines the Slum Areas under Section 3 which gives the Declaration of slum areas as under Subclause

(1) Where the competent authority upon a report from any of its officers or other information in its possession is satisfied as respects any area that the buildings in that area―

(a) are in any respect unfit for human habitation; or

(b) are by reason of dilapidation, overcrowding, faulty arrangement and design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals,

it may, by notification in the Official Gazette, declare such area to be a slum area.

(2) In determining whether a building is unfit for human habitation for the purposes of this Act, regard shall be had to its condition in respect of the following matters, that is to say―

(a) repair; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of wastewater; and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition.

Who are Slum Dwellers?

In today’s context, the Slum dwellers are mainly labours from different parts of the country who come for better prospects in their life in an urban area than village life. Such population is also termed as ‘Floating Population.

They mainly look for work in the urban area where they are paid more than the village area. So, they look for someplace to reside or settle for a year or a decade alone or maybe with family. Such people have no idea how to encroach land.  On the actual ground, these People are not aware that they are encroaching a Public Land. These People enjoys land unless objected to by local bodies or by the judiciary. The Slum Dwellers are a floating population who are looking for a source of earning.

As per the 1981 census, there were around 22% of the population lived in the slums of the urban area when Election Commission had not introduced EVM. So, all votings were done manually. Eviction of such Slum Dwellers and the political debate about their retention gives rise to legal issues. The eviction of the Slum Dwellers of a huge population is not an easy task as the land already has a pre-assigned purpose. At the end of any litigation, due to the non-allocation of land in the master plan for the floating population, most of the slum dwellers are gifted with housing in an alternate area.

In a Slum Development 138^th report on “Legislative Protection for Slum and Pavement Dweller” presented by the Law Commission to the Law Minister dated 20^th Dec. 1990 vide no. D.O. No. 6(3)(12)/90-LC(LS), it was clearly shown inclination towards the Slum Dwellers. Here is a repugnant between Judiciary, Law, Planned Development Authorities, Local Bodies and State Policies.

Protection for Slums is actually referred to those Slums/ Slums Dwellers who originally settled on a parcel of land in a vernacular manner and living for centuries or decades but of course not on public land. Such land was vacant/ unused/ Flood prone areas/ Foothills or Landslides prone areas/ low lying where urban planning is not possible or not suggested due to calamities. It is important to know the Slums are not a recent phenomenon and it exists for centuries.

Slum Development

Slum Development is nothing but an encroachment on public or government land. The process of development is slow with the support of Politician and other influences. Mostly, the public land remains vacant for so many years. It is incorrect to say that Slum-dwellers capture the land but yes, they encroach on the Public Land with help of Local Political representatives.

Slum development is also referred to as ‘Jhuggi Jhopris’ which is the form of unorganised human settlement with a lack of amenities like a proper sanitation system, Light & ventilation, pathways and open spaces. Facilities like water supply & electricity are either through pilferage or on a temporary basis. By providing such facilities they come under sympathetic rehabilitation rather than systematic rehabilitation. Interestingly, such facilities are provided by the Local bodies only under the pressure.

Delhi: One of the examples of the Slum development was set between 1980 – 1990 just opposite to DDA Flats Kalkaji, Mini Market. The Land was actually allocated for Bus Stand but it was occupied by the Slum Dwellers later shifted to the multistoried building.

Mumbai (Bombay): Slums were seen from history since Portuguese in 1630 then to Moguls and at the end with East India Company under King of England. For e.g. Mumbai was a fishing village until the 16^th Century which later became an important town of business because of its potential of having a Port. This City flourished when Cotton growing hinterlands were connected with railways to Mumbai. Cotton were sent to England and other areas. So, the economy shifted to Mumbai, so as the Labours and started settling in Mumbai. So the city expands and so as the Slums as a byproduct with a solution to it.

Kolkata (Culcutta): The similar scenario in this city and slums were not abrupt. Agriculture in the Gangetic river basin was a good source of earning. River Hoogly was set as a regional economic node. In 1690, Sir Job Charnock realised the potentiality of the City. By seeing the potentials of this region, a foundations of British Calcutta was laid down on the site of the Sutanuti, Govindapur and Kalikata villages on the eastern banks of the Hugli River.  Due to this conglomeration of native & nearby people had started who started living in the proximity of such economic activities. Even Britishers had not objected. Such slums development started expanding as the business expanded. In 2001, it was near 40% of the total population were in slums spread in Kolkata’s Land.

Ahmedabad: It was/is known for gold, silk and cotton as ‘Manchester of India’. It was at its peak of the business. Here the economy and opportunities attracted people from various parts nearby to this city at the regional level.

Slums of Dharavi, Mumbai

At present 55% of the total population are slum dwellers occupying 13% of Mumbai’s Land. Dharavi which occupied about 175 hectares of land has a population of 0.35 million. Out of such population, only 70% are eligible to come under the policy of Slum Upgradation, Improvement and Rehabilitation.

Slums of  Kolkata

In Kolkata, there are two broad categories of slums i.e. Bustees as authorised and Squatters as Unauthorised settlement. Squatters are mostly settled in/around/nearby the Canals, Large drains, garbage dumps, railway tracks and road. These squatters are missing basic amenities.

The census also reveals that: there In the Calcutta Metropolitan Area (CMA), about 3 million people live in 5,000 slums. 90% of these slum dwellers have one room per family. About 1.7 million people (51%) out of the total of 3.3 million in the Calcutta Metropolitan Corporation (CMC) lives in 13 million huts (338,000 slum rooms).

Legal Infrastructure to resolves the disputes of Slum Development

The absence of proper allotment of land in the master plan, give rise to the issue of encroachment on the public land. Encroachment to individual land is not compromised by the owner at an individual level. Then how the encroaching of public or government land can be resolved especially as unsettling such a huge population give rise to multiple legal issues. Land monitoring is a difficult task and it is difficult to monitor and protect with limited public staff.

The Legal Framework for Slum Development

Constitution of India

There relevant Articles as mentioned in the Constitution of India 1950.

• Article 243W (12th Schedule), Item no. 10 – Slum Improvement & Upgradation which come under the Local Bodies i.e. Muncipal. The Article defines the Power and Responsibility of the Municipal.
• Article 12 which defines Local Authorities as State
• Article 19 (1) (e) – to reside and settle in any part of the territory of India (44^th Amendment)
• Article 19 (5) – its a Proviso that enable the State to Protect the Public Land
• Article 37 – Restrict Judiciary to enforce State to do their duty related Policies under ‘Directive Principles of State Policy.

Statute & Ordinance

Few statues were made towards Slum Developement but those towards Slum eviction and improvement.

1. The Slum Clearance & Improvement Act, 1956

• Its a Central Act which applicable to all.
  • Section 3 defines Slum Areas
  • Section 19 states about Protection of Slums (Original Owners)
  • Section 20A states about Restoration of Slum Dwellers after Improvement
  • Section 21 states about Protection of Public Land by Slum Dwellers where Section 19 & 20 is not applicable.
  • Section 28 states about Power of Competition Authority for Eviction.
  • Section 34: Restriction Court below 1^st Class.
  • Section 37: Protection of Competition Authorities & representatives
  • Section 37A: No Civil Jurisdiction and no injunction shall be granted by any Court.
  • Section 39: It overrides any other law.
  • Section 40: Power to make rules by the Local Bodies.

2. The National Capital Territory of Delhi Laws (Special Provisions) Act 2007, 2009 and 2011

• It extends to the National Capital Territory of Delhi. Its good model which can be applied in any part of the Country. It addresses the various issues related with Urban Development in which one of the challenging one is Encroachment on Public Land.
• Delhi Municipal Corporation Act, 1957: Local Body of the State. It states only about Slum Clearance and demolition.
• Section 336 (2)(e) – the building or work would be an encroachment on Government land or land vested in the Corporation
• Section 365 – Removal of congested buildings
• Section 366 – Power of Commissioner to require improvement of buildings unfit for human habitation
• Section 368 – Power of Commissioner to order demolition of buildings unfit for human habitation
• The Delhi Development Authority Act, 1957: Section 53 which in consistent with Slum Clearance and Improvement.
• The Limitation Act, 1963: First Division Suits, item no. 111 states that 30yrs in case of Public land to dispossession and item no. 64 states that 12yrs in case of Private land to dispossession.
• Delhi Development Authority (Master Plan & Zoning Development Plan) Rule 1959 states about the Slum Clearance, housing & rehousing and redevelopment schemes.

3. Slum Policies in India

Slum improvement and up-gradation as per National Housing Policy

There are many policies for Slum Development, these are as under:

The Jawaharlal Nehru Urban Renewal Mission

1. Slum improvement as well as in-situ slum rehabilitation along with Specific Areas of Action. The provision of security of tenure, affordable housing and basic services to the urban poor.
2. Specially designed slum improvement programmes will also be encouraged which focus on upgrading of basic services and environment improvement of urban slums with a participative, in-situ slum rehabilitation approach.
3. Inner-city slum redevelopment programmes for creating a better environment would be encouraged with cross-subsidization and special incentives.
4. Land pooling and sharing arrangements would be encouraged in order to facilitate land development and improvement of basic amenities in slums.
5. Release of Transferable Development Rights and additional FAR would be carefully considered for accelerating private investment in the provision of shelter to the poor. Community-Based Organizations (CBOs), Non-Governmental Organizations (NGOs) and Self-Help Groups (SHGs) would be involved in a partnership with the Private Sector.
6. The Policy gives primacy to the provision of shelter to the urban poor at their present location or near their workplace and efforts will be made to ensure that rights provided are non-transferable for a period of 10-15 years.
7. Only in cases, where relocation is necessary on account of severe water pollution, safety problems on account of proximity to rail track or other critical concerns relocation of slum dwellers will be undertaken. In such cases, special efforts will be made to ensure fast and reliable transportation to work sites.
8. Income-generating activities in slums, which are non-polluting, will be encouraged on a mixed land use basis. Efforts will be made to structure such activities as an integral part of housing and habitat projects.
9. The process for integrating the Valmiki Ambedkar Awas Yojana (VAMBAY) and the environmental improvement scheme titled National Slum Development Programme (NSDP) has been undertaken through the Basic Services to the Urban Poor (BSUP) in Mission Cities and Integrated Housing & Slum Development Programme (IHSDP) in Non-Mission cities. Efforts will be made to remove hurdles faced by the States/UTs in implementing these integrated schemes. Further, efforts will also be made to enhance funds under IHSDP Specific Areas of Action as well as develop a new scheme for meeting water, drainage, sanitation and sewerage concerns in slums located in smaller towns with a population below 5 lakhs.
10. Formation of Group Cooperative Housing Societies of urban poor and slum dwellers will be encouraged across the country for providing better housing serviced by basic amenities through thrift and credit-based CBOs.

Addressing Issues and Difficulties

• At the 1^st level, the Law: Slums are urban realities. The infrastructure and scarcity of land create the issue of settlement on public land and other criminal and civil legal issues.
• At the 2^nd level: The gap that if State has allocated for land for specific land use purpose and there is a reality of the existence of the floating population, then the provision of urban planning can better resolve the issue.
• At the 3^rd level: The Municipal who is assigned to develop, protect, monitor and be the guardian of Public Land.  The statute of the ‘Limitation Act’ also put a duty on the municipal bodies to ensure checks on cultivating slums on the public land. Delay in executing Planned development leads to such a problem.
• At 4^th level: The Police Machinery, although they have no official direct role of taking care of Public land unless Municipal ask them to do. The only thing is that every activity is under their notice as they are regular in visiting place to place wherever any construction is happening. It is their duty to inform the Municipal corporation
• At the 5^th level: At the policy level that is at the development authority who are planning for 21 years Master Plan without considering the facts if the people would come for work from outside the Urban area then where they will reside.
• At the 6^th Level:  The issuance of voter id does not resolve the issue and concerns of the slum dwellers. It is further enlarging the legal issue.

JUDGMENT

Delhi High Court: Tuglakabad Jhuggi Jhompri v. Union Of India And Others on 8 July 1996 Equivalent citations: AIR 1996 Delhi 370, (1996) 114 PLR 8

This judgment had supported the Local Body as there was an encroachment on Public Land. It is stated as:

“8. In view of the settled position of law and for the aforesaid reasons, there is no merit in the present petition. Reference to the assurances and to the so-called National Housing Policy as made by the petitioners does not specifically deal with the case of the dwellers who have unauthorisedly and illegally encroached upon the railway land and in any case, no statutory and constitutional rights can be established on that basis. The petition is, therefore, dismissed. To obviate the sufferings of the dwellers and to minimise the hardship involved in their eviction, I direct that the respondents shall not remove the Jhuggis and other unauthorised structures until 31st August 1996. There will be no order as to costs.”

Conclusion

Slums are truly a challenge whether it is vernacular or intentional. The growth of Slum Development is increasing every decade and hampering the Master Plan regulations. It is not only creating pressure on Land and it is leading to many more issues like Socio-economic effects which leads to crime as well. Although the major population of slum dwellers are engaged in domestic help but other negative aspects can’t be ignored when anonymous people live inside slum development.

It is to accept which even learnt in centuries that Slum development is a byproduct of Urbanization. Urbanization is actually for economic growth and without labours, economic growth can’t be imagined. There is a need to look at all round resolution of problem of floating population.

Recommendation

• It is also to give justice to those naturally evolved Slum Dwellers and protect the sanctity of the public land.
• As per the DPSP of the Constitution, the local bodies must bring schemes on yearly basis to settle them in an organised manner.
• It is also to address the ‘floating Population’ while proposing a Master Plan on serious notes along with a Plan of Action by providing suitable land to settle as such a slum dweller.
• Public land must monitor on daily basis with the help latest technology.
• Unclaimed land should also be monitored for any development of human settlement and a timely solution to be provided to any such development.

Image Curtsey: Indian Express