2-day public hearing under judicial tribunal

The tribunal consisting of four retired judges, Justice V R Krishna Iyer (former judge of the Supreme Court), Justice Rajinder Sachar (retired Chief Justice of the Delhi High Court), Justice S M Daud and Justice Hosbet Suresh, former judges of the Bombay High Court will hear depositions by slumdwellers as well as those connected with the entire exercise, on Saturday and Sunday.

Speaking on the need for the tribunal, principal secretary of IPHRC, P A Sebastian said it had been set up following large-scale violations of human rights of slumdwellers during demolitions, which were continuing despite the state government making a solemn submission before the Bombay High Court that there will be no demolitions during the monsoon. “Yet, on July 22-23, demolitions took place in Bhimnagar slums, in which two persons lost their lives,” said Sebastian.

Around 60,000 slumdwellers in the area have been evicted by the forest officials in the state, following the directions of the Bombay High Court, in a petition filed by the Bombay Environmental Action Group (BEAG). The BEAG had prayed that all non-forest activities be stopped in the SGNP, following which the demolitions were directed.

However, while the government itself stated that around 33,000 slumdwellers in the area were eligible for rehabilitation since they were within the pre-1995 deadline, the high court directed that those desirous of an alternative accommodation would have to pay Rs 7,000 towards it. Of these, despite several deadlines given, only 5,000 have paid up till now. Rehabilitation measures are being undertaken at Ambarnath and Kalyan for these slumdwellers.

However, extensive enquiries conducted by the Nivara Hakk Suraksha Samiti have revealed that during demolitions, forest officials wielded the lathi freely, resulting in deaths of Chandappa Konhale and one Asha Sunil Pandey. Adivasis have complained the land belonging to them from generations have been taken away from them. They also have with them statements from the principal of the Chandrabhaga Vidya Mandir School at Pimpripada, Malad (E) where he has said the land survey papers of his school show it is out of the forest limits. Yet, his school was demolished, all fans and tubelights destroyed, and no notice was served before the demolitions started.

In their statements, while being critical of the “middle class” for believing the removal of slums was critical to a “clean environment”, the speakers were also critical of the courts for being insensitive to the human concerns. Justice Sachar said the exercise to dishouse around two lakh people from the national park was a violation of human rights. “How can environmental concerns weigh against humans?” he asked. He said the priority in all such cases was apparent, it had to be human beings. He pointed out that for all “concerns” of environmental groups, the deaths of tigers in the Nandankanan zoo evoked no response. Justice Daud said it was surprising that in this case, the government was more generous than the courts.

The hearings will take place at Buddha Mandir Hall, Otis Chowk, Kandivli (E) on Saturday and Sri Gurunanak Sachkand Durbar Hall, Mulund on Sunday morning and Jijamata Mandir School, Ananda Wadi, Kurar Village, Malad (E) on Sunday evening.