The Bombay High Court, on Monday, directed the Maharashtra government to find alternative accommodation for Project Affected Persons (PAP) residing in Mahul within 12 weeks. Until that happens, the court ordered that the residents be paid Rs. 15,000 as monthly transit rent along with a deposit of Rs. 45,000 as a security deposit.

This judgement comes after a long battle by Mahul residents for their right to clean and safe air. The court noted that the level of air pollution in Mahul was ‘alarming’ and the residents were breathing in air filled with carcinogens (cancer causing substances).

The verdict stated by Division bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre held that no family be rehabilitated to Mahul or Ambapada PAP colonies due to slum clearance and current residents of these colonies be rehabilitated elsewhere.

Case Background
In the past few decades, Mahul witnessed growth by becoming home to 9 major industrial units like the Tata Power Thermal Plant, Aegis Logistics, Sealord Containers, along with refineries of the HPCL, BPCL and Rashtriya Chemicals and Fertilizers among others. But this, also made Mahul one of the worst polluted parts of the city.

The Eversmile PAP colony is separated by a 15 metre road from the BPCL refinery, is within 300 metre radius of Sealord Containers – a logistics company serving oil and gas industries by providing containers and storage terminals for hazardous chemicals; on its southern end is the Tata Power Thermal Energy Plant and in close proximity to BARC, the largest nuclear reactor in the country bearing weapons-grade plutonium for India’s nuclear weapons program.

The approximate 17,205 residents from 72 buildings of the Eversmile PAP colony challenged the allotments of these tenements when they started suffering from respiratory infections, skin infections and other health issues due to carcinogenic air pollution.

Around 256 people have already lost their lives over the course of this battle. The fight for the rights of the residents of Mahul took steam when in 2015, the NGT passed an order that said, ““…there is a perceptible threat to health of residents of village Mahul and Ambapada due to prevailing air quality in the area”.

Judgement
The court heard three petitions – one filed by a group of PAP who had been offered accommodation at the Eversmile Colony, second by a group of residents already living at Eversmile and a third by the state government, challenging a 2015 order of the National Green Tribunal (NGT) that had issued directions regarding the PAP Colony.

Petitioners from the Eversmile Colony spoke of three issues that render the Colony uninhabitable. The first being the close proximity to the refineries that expose them to high levels of carcinogens, the second; a threat to the security of industries and refineries for being in the vicinity of residential premises and the safety of the residents lives itself; and the third and most appalling being the fact that the Colony is devoid of hygienic conditions and basic facilities like schools and medical centres.

The state government opposed this plea arguing that the NGT should not have generalized living conditions that prevailed at that certain period and stressed that the situation had improved.

The HC, however, taking into account the reports from the state pollution boards, the National Environment Engineering Research Institute (NEERI) and IIT Bombay, refused to believe in the state’s claim.

The judges noted, for example, the presence of a high quantity of harmful organic compounds like Benzene. While the permissible limit of Benzene according to air quality standards is a maximum of 5 microgram / cubic metre, the IIT-B report revealed a marked presence of Benzene in the range of 11.4 micrograms per cubic metre to 1039.7 micrograms per cubic metre. The bench took this as proof to be the deterioration of ambient air quality at the site.

The judges also took note of a report by the KEM Hospital, which elaborately stated that the health issues of the PAP were brought on by acute air pollution in the area.

On March 5, 2019 the Supreme Court upheld the NGT’s judgement which was earlier challenged by the State in 2018. Taking into account the reports from three government agencies, the SC said that the NGT’s judgement was beyond the purview of being challenged.

Verdict
Citing a judgement of the Bombay HC in Oswal Agro Mills Ltd. Vs. Hindustan Petroleum Corporation Ltd. & ors, the bench ruled that no family in rehabilitation as a result of slum clearance would be shifted to the PAP colonies in Mahul and Ambapada and those rehabilitated would be offered accommodation elsewhere, up until then for which they are to be paid transit rent and a security deposit.

Also citing the Article 11 (1) of the International Covenant on economy, Social and Cultural Rights (ICESCR) which states – “Right to an adequate standard of living including basic income, food, housing, water, sanitation and clothing and the continuous improvement of living conditions”, the court said, “The state parties will take appropriate steps to ensure realization of this, recognizing to this effect the essential importance of international cooperation based on free content.”

Speaking of the verdict, Bilal Khan, an activist from the NGO Ghar Banao Ghar Bachao Andolan which has tirelessly fighting for the rights of these Mahul residents said, ““We are all extremely happy and prepared that the BMC will go to the SC but this time, the government will have to act. We are going start filing applications seeking to move out from tomorrow itself.”

The court has granted the State a period of 12 weeks to comply with the given directions.

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The post M’tra Govt must give alternate Accommodation & Rent to Mahul Project Affected: Bombay HC appeared first on SabrangIndia.

 
New Delhi: The Supreme Court on Monday stayed the Bombay High Court order directing BMC and the Maharashtra government to pay reparations to Mahul residents.

India’s richest civic body, the Brihanmumbai Municipal Corporation had decided to move the Supreme Court of India against the order. Newly-appointed BMC commissioner Praveen Pardeshi had confirmed earlier that the civic body would approach the apex court against the order.
 
After more than a year of struggle by the people of Mahul demanding relocation, the government had lost the case in Bombay HC in April when the court directed the govt to pay rent of Rs. 15000 to Mahul residents and other project affected persons (PAPs).
 
The Court had directed the govt to pay a monthly rent of Rs. 15000 and a deposit of Rs. 45000 as long as the finding of NGT regarding pollution remain intact.
 
Mahul was declared unfit for Human habitation by NGT in 2015 as well as IIT, Bombay this year, in spite of this, the Government of Maharashtra was adamant to not move people out of Mahul. Now, the Court order is binding on the govt.
 
“Municipal corporation has been directed to take consent of the people whoever wants to opt for rent and submit the estimated amount to the state government so that the govt can release the fund to the corporation which in turn will deposit the yearly amount to the bank account of Mahul residents and other PAPs. After receiving the amount, Mahul residents will have to vacate their houses within one month and acquire a house on rent elsewhere,” National Alliance of People’s Movements had said in a statement.
 

The post Setback for Mahul residents as SC stays order against Maharashtra govt appeared first on SabrangIndia.

 
Mumbai: National Alliance of People’s Movement (NAPM) and Mahul residents have claimed that MHADA president Mr. Uday Samant confirmed a housing deal for the Mahul residents. They said that he confirmed on a telephonic conversation yesterday that MHADA has sanctioned the proposal to allot 300 houses to Mahul residents. “He has invited us to discuss the procedure of allotment which will also entail more details. The allotment of houses by MHADA also disapproves Maharashtra governments stand in the Court about non-availability of alternative houses,” they said in a statement.
 
On August 8, the Bombay High Court directed the Maharashtra Government to provide alternative housing to the residents of Mahul whose lives are threatened due to the toxic atmosphere in that area.
 
“Instead of coming up with solutions, the Maharashtra Government shamefully submitted in the Court that there are no houses available which can be allotted to Mahul residents. Agitated by this stand of the Government, the residents of Mahul have been staging an indefinite dharna since October 28. On the third day of the protest, the Shive Sena party intervened and held a meeting with MHADA. The president of MHADA is an MLA of Shiv Sena. Since the party is sensitive about the issue which involves the lives of 30,000 residents, they decided to handover as many houses as possible to the residents of Mahul. MHADA presidents decided to allot 300 houses in the first meeting itself. While two other major housing agencies such as the MMRDA and SRA, which are under the chairmanship of Chief Minister Devendra Fadnavis have still not found time to take a decision that affects the lives of thousands of residents. They have instead filed false affidavits in the Court,” they said.
 
The level of toxicity in Mahul is so high that it is claiming lives on a daily basis. The day before yesterday, two people died. One due to cancer and the other due to a heart attack. They were healthy before they were forcefully shifted in Mahul last year. So far, more than 150 people have been killed since 2015 in Mahul. 
 
On the other hand, the Bombay High Court, in its order based on hearing on December 13, 2018, rapped the Government for its failure to implement the Court’s order. On August 8, 2018, the Court directed the Maharashtra government to provide alternative housing to Mahul residents. The Court was allegedly seething with anger after reading the fact-finding report by IIT Bombay with regards to the infrastructure facility, health, multiple hazardous risks, pollution and other dangerous situations in Mahul. The Court said that the report by IIT Bombay confirmed the complaints by Mahul residents that they had been making since more than a year.
 
The protest ‘Ghar Bachao Ghar Banao Andolan’ has entered it 55^th day today. Residents of Mahul are demanding a meeting with Chief Minister to resolve this issue. “So far, the state chief doesn’t care to hear the plight of the residents who are facing life and death situations. It’s high time that the Chief Minister took quick action to save thousands of lives. Until then the dharna of Mahul residents will continue in Azad Maidan. The police are continuously harassing the peaceful protestors in Azad Maidan. Protestors are forced to move out of Maidan every night and forced to sleep without any shelter in the cold at CST station,” they said.
 

The post MHADA confirms 300 houses for Mahul residents, CM Fadnavis still mum appeared first on SabrangIndia.

Sewage water leaks into the street in Mahul’s MMRDA Colony. Photo Courtesy: Aniruddha Chowdhury/Mint
 
Mumbai: Residents of the inhabitable Mahul area in Mumbai were detained by local police in Tilak Nagar on Monday. Around 100 residents who were protesting for the Right to Life in the area were picked up by the Mumbai police in the morning and taken to Tilak Nagar Police station.
 
More than 100 residents have died due to the inhabitable conditions of the Mahul area. The region has critical levels of industrial pollution. The Bombay HC had given a judgement in the favour of Mahul residents and had declared the conditions unfit for living. The court had ordered the govt to compensate for the faulty resettlement and provide proper rehabilitation which has not been implemented yet.
 
“While Maharashtra govt has not fulfilled any of their demands till now, it has ordered their arrest and trying to subvert the people’s voices. It is nothing less than the attempt to dismantle the movement fighting for Right to Life. Maharashtra Govt must stop the genocide of Mahul Residents. We appeal to everyone in Mumbai to join the fearless residents of Mahul at Tilak Nagar Police station and extend the solidarity with the movement. Pressurize the government to release the Mahul residents immediately. We appeal to citizens of India to make calls, write emails to the concerned authorities and demand the release of Mahul residents,” said National Alliance of People’s Movements (NAPM), which is spearheading the campaign for the release of Mahul residents.
 
“Please check Ghar Bachao Ghar Banao Andolan Facebook Page for Live Video from Tilak Nagar Police Station: https://www.facebook.com/GBGBandolan/ The Contacts of Senior Police Official of Mumbai is attached. Please see and make calls to them urgently. We are mentioning few here as well. 1. Subodh Kumar Jaiswal – Commissioner Of Police – (Office) 022 – 22620826, 22613552, (Fax) 22621835, (M) 9136032777 – cp.mumbai@mahapolice.gov.in 2. Deven Bharti – Joint Commissioner of Police ( L & O) – (Office) 022 – 22624405, (M) 9870744000, (Fax) 22655010 – cp.mumbai.jtcp.lo@mahapolice.gov.in,” wrote NAPM.
 
It was reported that BMC has ignored Bombay HC orders and is moving ahead to renovate more 4500 in the area even though it poses a huge threat to life to all residents. Mahul is located in the Trombay area of Mumbai and is often dubbed as the place “where poor are sent to die.”

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