Nalasopara demolition will leave around 6,000 people homeless

Families evacuated with their belongings have been left homeless. Pics/Hanif Patel

The Vasai Virar City Municipal Corporation (VVCMC) on Thursday began a crackdown on the 41 illegal residential buildings, which were constructed on a huge plot reserved for a dumping ground and sewage treatment plant (STP), following a court order. More than 6000 people will be affected by the demolition drive, leaving them to stay in the open without any shelter.

A local activist from Nalasopara Terence Hendriques said, "The unauthorised buildings were constructed by the former corporator Sitaram Gupta, who was arrested last year by the Economic Wing Offences (EOW) of Mira Bhayandar Vasai Virar (MBVV) police. Gupta had illegally grabbed a 60-acre plot nearly two decades ago to construct these unauthorised buildings, which are being razed today."

Aerial view of the buildings that will be demolished

"A total of seven buildings were razed in the Vasant Nagari area of Nalasopara East on the first day of the demolition drive that was conducted in the presence of police personnel," said Sanjay Herwade, the additional Municipal Commissioner in VVCMC. "A total of 53 families had been staying in these seven buildings. We first safely removed them from their houses and demolished the illegal structures which were unauthorised," Herwade said.

When asked if these families have been rehabilitated, Herwade said, "The court has not asked us to rehabilitate them. We have got the order to demolish the unauthorised residential structures. We have no housing stock in the VVCMC area to rehabilitate them." "However, we have written to the Urban Development Department to know if we can do something to rehabilitate the families whose residential buildings are being razed," Herwade said.

The land mafia had allegedly grabbed a 60-acre plot, comprising 30-acre government land and a 30-acre private plot, when the property was under the control of City And Industrial Development Corporation Of Maharashtra Ltd (CIDCO). One of the owners of the private plot had filed a writ petition in Bombay HC that ordered the demolition of the illegal structures. The buyers of the flat intervened and told the court that ‘they have purchased the units in these buildings from the developer'.

Site earmaked for public work

However, the HC said, "The relief they seek cannot be claimed by seeking intervention. Secondly, the learned Counsel for the intervenors could not show that the buildings they occupy were constructed with any permission from any authorities. Admittedly, the buildings have been placed on site reserved for setting up a sewage treatment plant and a dumping ground. The sewage treatment plant and a dumping ground are, in fact, essential civic amenities, and such land cannot be used by any party to the detriment of the civic interest of all others in the locality."

After pulling up VVCMC for their inaction against the illegal construction in its jurisdiction, HC had directed the civic body not to execute the demolition order until September 30. However, the intervenor further approached the Supreme Court in the special leave petition, but they did not get any relief. "The site which is earmarked for a public project cannot be occupied by unauthorised buildings," read the Supreme Court order.

Occupants can sue developer

The high court in the impugned order had observed that the occupants are at liberty to sue the developer. The occupants are primarily concerned with loss of shelter." "In these circumstances, we are of the view that notwithstanding the dismissal of the Special Leave Petition, the occupants are at liberty to approach the Government Authorities for a commensurate scheme of rehabilitation. In the special facts of this case, the authorities should explore the possibility of rehabilitation of the affected occupants. However, it is made clear that the authorities are at liberty to go ahead with the demolition of the illegal construction. The feasibility of rehabilitation should be considered independent of the demolition action by the authorities," read the Supreme Court order.

"The builders and government officials were never booked in a case. Only the poor people are at the receiving end. Where will they go? Why no action was taken against the officials when the land mafia and bogus builders were encroaching upon the huge land to construct residential buildings?" said Hendriques.