The Bombay High Court has paved the way for the Maharashtra Housing and Development Authority (MHADA) to carry out redevelopment of Dharavi Sector 5,but the state government would have to struggle to find a way of evicting 63 per cent slumdwellers who have been found ineligible for rehabilitation under the ambitious Dharavi Redevelopment Project (DRP). Assistant government pleader Milind More has submitted an affidavit on behalf of the state government during the hearing of a public interest litigation filed by slumdwellers and owners of commercial establishments in Dharavi opposing the government decision to hand over the redevelopment of Sector 5 to MHADA. The government conceded in the affidavit that the eviction of the non-eligible slumdwellers,approximately 59,000 families that live in the sprawling slum,could lead to a law and order problem. The affidavit,filed on March 15 by Sugriv Dhapate,Under Secretary,Housing Department,states,The Dharavi Redevelopment Project (DRP) received a progress report from the competent authority,Assistant Commissioner,G/North Ward,MCGM vide letter dated October 16,2009 stating that only 37 per cent of the occupants are found eligible and the eviction of the non-eligible would be extremely difficult. It says DRP officials had written a letter to the Chief Secretary on October 20,2009 to call for a meeting of the committee of secretaries after receiving the report. The affidavit further states,The residents of Dharavi are encroachers on the government,BMC and local authorities and owners land. However,it added,those eligible under the provisions of the law and government policy will be protected. However,those who are not found eligible are to be evicted. However,Respondent No. 1 (state government) is taking all possible efforts under the purview of the law to accommodate as many hutment dwellers as possible and for that only (sic) DRP came into force and is being implemented, it states. It also mentions that the slumdwellers had demanded that those residing in Dharavi post January 1,2000 should also be rehabilitated under the DRP. The government,after a litigation in the Supreme Court,decided to accept January 1,2000 as the cut-off date as the criterion for eligibility for rehabilitation. However,the affidavit states that on January 2,the government decided to consider a slumdweller who has arrived after January 1,2000 as eligible for rehabilitation in the Dharavi notified area by regularising the transfer of a slum structure,constructed prior to the cut-off date,in his name. Defending the decision to hand over Sector 5 to MHADA for redevelopment,the affidavit states that the number of bidders for the DRP reduced drastically over time. It adds,.and there is also a major issue of non-eligible hutment dwellers residing in the Dharavi area and therefore,the problem may crop up about their eviction which may result to law and order problem. It is at such a time,as stated in the affidavit,that the MHADA submitted a proposal and after due scrutiny and considerations the government handed over the redevelopment of Sector 5 to MHADA. Stating that Sector 5 would be a pilot project,the affidavit also states,However,that does not mean that the Respondent No. 1 left the other hutment dwellers (outside Sector 5) residing in Dharavi to the mercy of God. The Respondent No 1 is keen to develop the whole area in a systematic manner and efforts are being taken in that direction for compliance. Of the 592 acres that Dharavi stretches over,377 acres is being considered for redevelopment under the DRP. The number of families living in Sector 5 is not available with the government,More said.
