Challenging The Chawl

A recent Supreme Court ruling could irretrievably alter Mumbai’s inimitable chawls, improving the structure, while reducing the quality of life on offer, says RANA AYYUB

MUMBAI’S CHAWLS, an inherent part of the cityscape, glamourised by Bollywood and television (Katha, Chakra, Salim Langde Pe Mat Ro, Dharavi, Raju Ban Gaya Gentleman, Nukkad and Hathiyaar), have long represented the triumph of hope over the despair of reality. But a ruling by the Supreme Court last week may immeasurably alter the architecture of this urban landmark. Unfortunately, despite good intentions, the judgement could herald a change that is drastic, but not necessarily one that improves living conditions.

The court ruled that A-cessed buildings (buildings constructed prior to 1940) can be redeveloped under the provisions of Section 33(7) of the Development Control Regulation (DCR) Act. This means that owners and tenants can redevelop such buildings without having to obtain permission from the Maharashtra Housing Area Development Authority (MHADA), which was made mandatory in 2005 by the Bombay High Court under Section 88(3) of the MHADA Act.

For residents of Momin Mansion, a dilapidated building in congested Nagpada, it’s a Daniel’s judgement. For Rashid Shaikh, 64, who has lived 30 years in Momin Mansion, the order represents a chance at more space — and safety. “We won’t have to live every day wondering if we would be safe enough to see the next day, like those of Sadaf building (nearby Sadaf Manzil collapsed, killing 11 residents three years ago).” Rashid is also delighted with the possibility that his three granddaughters may now have a private bathroom, a basic amenity denied to most families in the area.

However, city activists are worried. Urban planner Shirish Patel, a petitioner in the case along with others like Cyrus Gazdar and the late JB D’Souza, had filed a PIL in the Bombay High court challenging the misuse of DCR 33(7). According to the PIL, builders showed an increased number of tenants to get extra floor space index, which was compromising the existence of open spaces.

“The Supreme Court has made a mockery of the entire concept of open spaces. Now, skyscrapers will come at a close distance. Also, what the builders will do now is demolish those cessed buildings too which are in good condition,” he says.

Debbie Goenka, a senior member of the Bombay Environment Action Group, is appalled at the decision: activists feel it does not take into account the island city’s ground realities. “First it was the mill land case, in which the Supreme Court overturned the High Court decision and allowed mill-owners to retain and develop the land, which should have ideally been granted for public amenities and now this. The Supreme Court has shown that it does not care for infrastructure, but only drafts rules to support the builders lobby,” he says.

For builders and developers though, it seems to be time to celebrate. Pujit Aggrawal, managing director of Orbit Constructions and spokesperson for the Property Redevelopers Association (PRA), which had challenged the Bombay High Court order, has naturally welcomed this judgement. “The order will pave the way for the city’s development and help solve the shortage of residential areas in a city whose population is increasing everyday. It is expected that around Rs one lakh crore will be invested in the redevelopment process in the next 15 years. We are planning to invest Rs 2,000 crore in greenfield redevelopment of dilapidated buildings in the central mill land area,” he says.

Anand Gupta, general secretary of the Builders Association of India, feels it’s not just the builders who will reap the profits — the common man will also gain. “Tenants who were staying in dingy apartments (80 to 100 sq ft) will now get 225 sq ft, equipped with basic facilities.”

As per current records with the state government, an estimated 25 lakh people live in chawls across the city of Mumbai. “They will have to relocate initially and then again located back in the zone,” a state government official told TEHELKA.

Here’s what Bhuleswar resident Manikbhai Shah, who did get more space (after his chawl was demolished, he was allotted a 275 sq ft room), says: “In our chawl, at least I and my wife could have our evening tea with a verandah outside and chat with our neighbours. Here, when we look out of the window, the wall of the building opposite stares at us. It’s claustrophobic.”

ACTIVISTS ARE also concerned about the pressure such development will put on Mumbai’s already compromised infrastructure. Organisations such as Remaking of Mumbai Federation have drafted a proposal that a clause that requires developers to enhance surrounding infrastructure be added. “Although we welcome the decision of the court, we feel there should be a provision wherein an undertaking should be taken from redevelopers and builders that they will develop in tandem with Section 33(9), which is being amended and according to which MHADA, tenants, landlords and developers must jointly develop a property,” says Lalit Gandhi, the federation’s president.

Municipal Commissioner Jairaj Pathak also welcomed the move cautiously: in a press conference after the ruling he said: “The ruling will help redevelop dilapidated buildings, where residents were in danger. But there is reason to be concerned if the development is not systematic: it will end up putting pressure on civic infrastructure such as drainage, power and water supply.” Amrit Gangar, film scholar and writer, who compiled a package of five films on Mumbai’s chawls, Chalchitra-Chawlchitra says that films not just showed the real Mumbai but also predicted its future. “The 1984 movie Mohan Joshi Haazir Ho spoke about the politician-builder nexus that we are seeing today,” he says.

He feels that the way the government plans to go about redevelopment will destroy the city’s essense. “Chawls once formed the major housing infrastructure in Mumbai. Today, they are giving rise to isolated high-rise apartments,” he laments.

Some residents also fear the redevelopment will also change the culture of tolerance that prevailed in the city, wrought in no small measure by the closeness essential to chawl life. As the Mumbai skyline looks set to change in its most densely populated areas, the famous Mumbai harmony too could become more discordant. •

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