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This is an archive article published on March 10, 2010

Pavement dwellers hit by footpath makeover

A majority of the 25,000 pavement dwellers,who would be shifted as part of the state government’s drive to upgrade Mumbai’s footpaths,face the threat of being declared ineligible for alternative accommodation under the existing policy.

A majority of the 25,000 pavement dwellers,who would be shifted as part of the state government’s drive to upgrade Mumbai’s footpaths,face the threat of being declared ineligible for alternative accommodation under the existing policy.

According to a survey by YUVA,a non-governmental organisation,and the Nirmala Niketan College of social work,around 50%-70% of the people are being declared ineligible for rehabilitation once their makeshift homes are demolished under the Mahatma Gandhi Pathkranti Yojana (2007) for pavement dwellers. The Rs 752-crore project for resettling pavement dwellers and improving roads and footpaths has a cut-off date of 1995. Activists and pavement settlers are now demanding that the government should adopt the date of completion of a baseline survey as the cut-off date as in case of the World Bank-funded Mumbai Urban Transportation Project (MUTP).

The first phase of Mahatma Gandhi Pathkranti project includes 10 roads mainly in the island city along Worli,Sewri,Saat Rasta and the P D’Mello Road that has had footpath settlements for several decades now. The survey shows that in most areas,the 95 cut-off date would lead to displacement of a huge majority. For instance,41 per cent of these dwellers at Ambedkar Nagar at Wadala,51 per cent at Pandurang Budhkar Marg in Elphinstone Road and up to 72 per cent of people at Baradevi and Sangharsh Vasahat in Sewri would become ineligible for alternative shelters once they are forced to vacate their roadside homes for the project.

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“The concept of a cut-off date for basic human rights is unconstitutional. Also,the documents such as ration card and voter’s card demanded to prove eligibility for rehabilitation under the scheme are ordinarily not available with those living on footpaths,” said Justice Hosbet Suresh,retired judge of the Bombay High Court. Miloon Kothari,former special rapporteur to the UN on adequate housing,said instead of arbitrarily deciding on the eligibility criteria,a more progressive method like that followed for the MUTP should be adopted.

“The process of rehabilitation should also identify and take into account the vulnerabilities of a certain groups such as women,senior citizens or scheduled tribes. The Delhi High Court recently has given a landmark judgment stating that eligibility should be decided based on meaningful surveys and not on random cut-off dates,” said Kothari.

A committee of experts comprising Kothari and Justice Suresh will soon release its report on the implications of the scheme following deposition by project-affected people.

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