Slums – Big problem for small city • GOI definition of “Slum” Settlements:-– Apparent physical sub-standardness, irrespective of land ownership or tenure status–legal settlements as Slums?– Unfit for human habitation due to dilapidation, overcrowding, lack of ventilation, light or sanitation facilities which are water, roads, healthcare, education?– If conditions met, settlements can be regularised as Slums
Classification of “Slum” Settlements• Freehold land , such as those in the inner city, blighted areas or – urban villages.• “Squatter” Settlements which are encroachments on public or private land. –• Illegal Land Sub-Divisions where quasi/legal land ownership but the land subdivision – undertaken illegally.• Public or Private Leasehold Land , such as cooperative-model in resettlement colonies or urban – villages.
Slums – The grim reality• 70% of slum dwellings’ were exposed or semi-permanent.• 25% of slums lacked “safe” drinking water & on average one community tap served 63 households – true access?• 72% of slums lacked community or individual toilets & on average, 1 seat for 376 persons – forced open defecation.• 68% of slums lacked municipal rubbish facilities & threw garbage in open areas – city-wide health epidemics.• 45% of slums lacked any drainage infrastructure – floods.• 85% of slums lacked underground sewerage – exposure.• 63% of slums had no fully-surfaced internal road – time.
Slums – Problem within the city• Mumbai Pune region has large slum settlement in the state.• 58% of Mumbai& 40% of Pune’s population lives in slums, much with lack of basic amenities (especially Dharavi and Pimpri Chinchwad & Pune area).• Threat of a new slum settlement, larger than Dharavi is on the rise at Nalasopara, near Mumbai.• These slums are now posing serious threat in terms of terrorist activity to the Maximum City.• Slums are increasing everyday, due to influx of people coming to Mumbai from all over country in search of jobs / opportunity. This is putting huge pressure on infrastructure of the city
Slum clearance – The Government way• From 1946 to 1974 Slum eviction and clearance with limited relocation was – predominant policy• From 1975 to 1977 During Emergency, slum clearance was notorious and unpleasant –• From 1980s to 1990s Various International donor agencies insisted on In-situ slum upgradation –• Year 1997 National slum development program was announced –• Year 2001 VAMBAY (Valmiki Ambedkar Malin Basti Avaash Yojana) launched for – urban population below poverty line.• Year 2001 Draft National slum Policy being prepared, with emphasis to In-situ – development of regularized and under serviced settlement.
SRA – The Genesis• Phase I – Prior to 1970, clearance of slums were the only solution thought of, by the State government – The encroachment would grow again, post the demolition drive. – This was not the permanent solution to the situation• Phase II – It became necessary to tolerate slum as housing structure – Census of hutments were carried and I.Card were issued to such dwelling, post Feb 1976 – It was agreed that whenever the slums are to be removed for public purpose, the dwellers would be located elsewhere
SRA – The GenesisPhase III• -- In the mid 80s, on the guidelines of World Bank, Slum upgradation work was carried out. -- Slum lands were given on 30 years lease to slum dweller society at nominal lease rent. Soft loans were provided for slum upgradation on as is where is basis -- Such schemes were limited to State Govt., Municipal and housing board lands.Phase IV•-- Post 1990, a comprehensive rehabilitation scheme was launched under therecommendation of Afzalpurkar committee, headed by Shri Dinesh Afzalpurkar,Ex.Chief Secretary-- Mah. Slum Area (Improvement, Clearance and Redevelopment) Act of 1971was amended and Slum Rehabilitation Authority was created vide notificationdated 16 Dec., 1995. It become functional from 25th December, 1995.-- It was given corporate status from 3rd Jan., 1997. It is now an independentautonomous body.
SRA – Constitution & function• The entity, thus created, consist of – Chairperson – CM of Maharashtra – CEO – Super time scale IAS Officer – 14 members – includes ministers of state, principal secretary, elected member of State legislature and non-official members from field of construction.• The main function of the authority are – Planning & implementation. – Building permission and supervision. – Eligibility certification, eviction of non-participants and declaration of slums and rehabilitation area. – Registration of Co-op housing society. – Land management, community development, General administration, Accounts and finance.
Slum Rdevelopment SchemeSlum redevelopment scheme was made operative from• 25th March, 1991.Under this scheme redevelopment of slums whose structure and inhabitant’s•name appeared in electoral list of 1985.Rehab area upto 180 sq.ft. Each dwellers had to pay Rs.15000/- to Rs.18000/- as•contribution.Profits for promoters were capped at 25% and FSI restricted upto 2.5 of total•area to accommodate both rehab and sale components.This scheme was later scrapped and new Slum rehabilitation scheme was•introduced with the formation of SR Authority.Every slum structure existing as on 1/1/1995 or prior there-to is eligible for•rehabilitation.
Slum Redevelopment SchemeSlum dwellers get a self contained 225 sq. ft. carpet area• tenement free of cost. (currently this is being amended to 269 sq. ft.)Cost of construction of the rehabilitation tenements is cross-subsidized from the•sale of free sale tenements in the open market.FSI generates from Rehab to Sale ratio which is 1:0.75 for City, 1:1 for suburbs &•1:1.333 for Dharavi.• FSI is generated on the basis of no of rehab units on the plot and NOT as per sizeof the plot “It may exceed 2.5”.No financial involvement of the government.•The entity developing the slum rehabilitation scheme is entitled to free•sale component in proportion to the rehab component.A sum of Rs. 20,000/- per tenement is recovered from the developer for subsidizing•the monthly maintenance of the building.
Types of rehabilitation scheme• The density of dweller should be 500 tenements per hectare.• TDR is available against Free sale component.• 1 Balwadi and 1 Welfare center of standard size of 225 sq. ft. for every 100 tenements.• Clubbing of 2 SRS scheme having same rehabilitation to sale ratio.
Slums – Big problem for small city As per the provisions of different sections of Development Control Regulations (DCR):33.10 scheme : In the schemes approved under the provisions of this DC• regulation, the slums are rehabilitated on the same site.3.11 scheme : In the schemes approved under the provisions of this DC regulation, an•owner of vacant unencumbered land can use it for construction of PAP tenements forwhich he is compensated by TDR for land and for construction.33.14 scheme : In this scheme, the landowner is allowed to consume the existing FSI•potential of the land, owned by him. The additional potential of 1.5 for suburbs, 1.66for difficult area & 1.00 for island city (only for government or public sector plots) isgranted under this scheme.The developer constructs transit tenements out of a prescribed part of this additionalpotential. The balance of the additional potential is allowed as free sale component.
Example of tenement calculation.• Under the In-situ scheme DCR 33(10) If a Plot are of 1000 sq mtr consist 50 eligible huts and on it there is a set back of 200 sq mtrs for DP Road, then 1000 – 200 = 800 sq mtrs with 50 huts. So the density per hectare is 50/800 X 10,000 = 625 huts per hectare Since > 500 huts therefore no PAP tenements If < 500 huts PAP would be generated and submitted to SRA, who in turn would use this to relocate project affected people due to public work or other displacement reason.
Example of FSI Continuing on previous example, • under the In-situ scheme FSI that would be available is calculated as below : Rehab component = 50 x 25 sq. mtr. (269 sq ft) = 1250 sq. mtrs. Additional component passage + society office Balwadi + Welfare cntr = 225 sq. mtrs. Rehab component = 1475 sq. mtrs. Tot FSI for salable portion = 1475 sq. mtrs.
Example of TDR• From previous example what we get – Rehab component = 1250 sq. mtr. – Salable component= 1475 sq. mtr. – BUA permissible = 2725 sq. mtr.• Maximum permissible FSI in-situ is 2.5 hence : – Plot size = 1000 sq mtr – Max FSI = 2500 sq mtr (1000 x 2.5) – Sale BUA= 1250 sq mtr (2500 – 1250) – TDR = 225 sq mtr
Stages of implementation – Stage 1 Doc (land papers etc) Appoints a Chief collected /70%of dwellers form Co- promoter / Plot measured op society opening of / Structure bank account demarcated Developer appointed / Developers enter into Structure survey & no. Developer individual Table no of appoints agreement house engineer / with dwellers prepared surveyors Proposal with plan annexure, documents Stage II commences submited to SRA
Stages of implementation – Stage 2 Annexure II submitted forScrutiny by sub-engineer / certification / Scrutiny fee paid by the scrutiny fee Annexure III developers calculated submitted to Finance Annexure II & III certified by Annexure I scrutinized by LOI, Layout , CC issued respective Engineering authority Dept Stages of implementation – Stage III commence Stage 2
Stages of implementation – Stage 3 Lots of allotments to Arrangement of transit Draw a lot for transit participant / accomodatio accommodat latter to non- n (Onsite or ion participants offsite) If non participants don’tAll structure demolished agree within Dwellers shifts to transit and work 15 days, they camp / non- upto plinth are physically participant level evicted from issued notices completed site After verifying plinth dimension, SRA grants permission to Stage IV commences construct beyond plinth level
Stages of implementation – Stage 4 Building permission for free Plan for further rehab and sale building Rehabilitation building free sale building given in completed approved proportion to rehab buildingBuilding and compliance with IoA conditions Building completion Lists of allotees prepared / verified/ certificate allotment of Occupation submitted by tenements made permitted architect in joint names Possesion as per allotment SRA issues I.Card to slum Stage V commences dwellers
Stages of implementation – Stage 5Commencement of Further building remaining free permission / OC sale building granted in due construction course Separate property card for rehab plot, free sale plot and reserved plot prepared
Where SRA scheme can be implemented ? Land area falling under following category• Category I – Slum falling under Residential, Commercial or Industrial zone.• Category II – Slums occupying more than 25% of non-buildable area such as playgrounds etc.• Category III – Slums occupying the area buildable for public purpose such as Primary or secondary schools.• Category IV – Area not covered under cat.II, cat.III and Cat V
Where SRA scheme can be implemented ? Land area falling under following category• Category V – Slums occupying area reserved for public housing/high density housing or housing for dishoused.• Category VI – Slum occupying area reserved for road widening projects.• Category VII – Any land not covered under any category above.SRA schemes are not applicable to any CRZs. They are governed as separate zones.
Costal regulation zones There are three zones. • CRZ I – Area between the high tide and low tide line, where no development is permitted. • CRZ II – where substantial development has already occurred, but further development is controlled. • CRZ III –where sporadic development has occurred, and only repairs and reconstruction is allowed.
Other facilities provided by SRA• Registration of Co-op societies for SRA projects.• Final demarcation and change in record of rights.• Leasing of land and transfer in records of right.• Reduction in stamp duty.• Reduction in property tax.
SRA – Requisites of a developerSolvency certificate to be provided by the developer from•the nationalized banks. Value of SRA Project Solvency certificate of More than 10 crores Rs.30 lac From 5 crores to 10 crores Rs. 15 lac Below 5 crores Rs. 5 lacProject record of last 5 years and the expenses incurred on such projects, duly•certified by the architect.Details of technical staff and equipments.•Atleast had develop 25% of the current size of project in last 5 years.•These terms are relaxed for the project of size less than 500 sq. mtrs. This is inview of encouraging new entrants in development.
Relaxation in building norms• No separate kitchen compulsory.• No size restriction on bath or water closet unit.• Lift not a compulsion for ground + 5 storey building.Area of 2 mtr width provided as common passage in rehab building•shall not be counted towards FSI.If the height of building is more than 24 mtrs due to stilt in rehab•building, it will not be considered as high rise building under Firesafety norms.
Developers grievances• No availability of Pre-sale finance.• Lack of formal institutions to provide construction finance.• Rigid red tapism and huge under the table transaction.• Nuisance created from local slum dwellers due to vested interest.• Slum lands considered as tricky collateral by most lenders
Some allegations of misdoings• Laskaria Developers Allegedly acquired 52 hectares in Malwani, Malad – for Rs.53 crores. Total Finance available, including loan and capital, is Rs.52 lac – 2.5 hectare of total plot is under CRZ. –• Shivalik Ventures False claim of acquiring 70% approval from residents – Also claims of receiving NOC from private landowners, no relevant paper – submitted to authority.• Lokhandwala Developers 6.9 hectares of plot in Haji Ali and Worli acquired – Norm of 70% approval from locals was asked to be ignored by officials – The cut-off was advised to be extended till 2000 instead of 1995 –
Final word• One must beware of ministers who can do nothing without money, and those who want to do everything with money.• Late Smt. Indira Gandhi (November 19, 1917 - October 31, 1984)
References• SRA website www.sra.gov.in• Research paper by Prof.Vinit Mukhija “Enabling Slum development in Mumbai – Policy paradox in practice”• Presentation on housing scams by Dr.Kirit Somaiya – BJP national secretary.