CHAPTER 1- How did it all start?

PRIOR TO 1971-MUMBAI being the financial Capital of India had people coming
from states all over India to earn, to make a home and some who just got
captivated by the glamour of this dream city just would let go of this beautiful
charming city. When we say Mumbai was really populous back then, looking at
the condition today what did populous really mean then in the 70s.
Mumbai became really populous and the Govt all of a sudden decided to
go on a clearance mission. The Govt of Maharashtra started to demolish slums
thereby dishousing many squatters but the same was useless and a never
ending voyage. The Govt soon realised that no matter what you do, these
squatters are ging to move to a different place which is not very far. Oh may be in
the same place and start rebuilding their houses. Its like playing candy crush!!
1971- This is when the Govt felt that why not house them instead. I mean its
really a compelling situation for many as 14 million people to stay in this dream
city in a hut made of tin shed due to floods, landlessness etc., and live in such
inhuman conditions. The need to deal then seal was the need of time and then
came our very Mah Slum Act, 1971. 1971!! Thats like 46 years right and our so
called aim and object of having a slum free city is still not achieved. Well the
object of the Act is not to have a slum free city but to rehabilitate eligible slum
dwellers, give them proper amenities. So a 50 years more and we should be
close to achieving the objects of the Act. I am not being sarcastic!!
CHAPTER-2 SCENE TODAY?
Not so long ago the state Government introduced the concept of using land as a
resource by giving out FSI in form of tenements to be sold in open market and
cross subsidization for the slum dwellers free of cost. So today as we can see
lands are declared as Slum Rehabilitation Areas (section 3c of Act) or Slum
Areas (Section 4 of Act) and then slum schemes for housing slum dwellers who
are eligible are implemented. A slum dweller possessing a photo pass or
documents showing residence prior to 2000 is eligible slum dweller and now can
be rehabilitated. DCR 33(10) Appendix iv of DCR.
1998- A General Slum Rehabilitation Scheme for the Greater Mumbai area was
published on 9th April 1998.

CHAPTER-3 How is the scheme implemented?

Normally with too many slums and the need for being rehabilitated, societies
formed by slum dwellers or Developers appointed by these societies submit
Application u/s 3 c for declaration of property as slum Rehabilitation Area.
Only after a declaration under section 3c or section 4 of Slum Act, can a
Proposal for Slum Rehab Scheme be submitted.
First Let us understand the issues that arise after aforesaid declaration also
termed as Slum Rehabilitation Order is passed.
We need to understand that for passing of the aforesaid Slum Declaration
Order under section 3c(i) a Public Notice needs to be issued which has details
of persons whose names appear on property card concerning the property. A
Public Notice needs to be widely published in two local newspapers English
and Marathi. A Circular issued by SRA will show the procedure that needs to be
followed for declaring property as Slum Rehabilitation Authority.
Circular no.118 dated: 16/10/2010
1. Application by society or land owner to be submitted in 2 copies to SRA
which shall be processed by Dy Collector as per form annexed hereto.
Following documents to be annexed therewith.
a. 7/12 extracts and property Card.
b. List of slum dwellers/members, Map of structures signed by
Chief Promoter/Scretary/chairman.
c. General body meeting resolution.
d. Consent Letter of land owner/agreement of sale showing
purchase by developer.
e. Land Map
f. D.P Remarks
g. Other documents required from time to time.
2. Upon receipt of the aforesaid Proposal, the Deputy Collector shall
scrutiny the proposal and send a copy to City Survey officer for Report.
The CSO in lieu of Circular No.1 dated 18/06/2009 shall ascertain its
location, conduct site inspection, prepare panchnama and

map of

hutments in order to certify ownership rights. The CSO shall send

detailed report to the Dist.dy Collector.
3. If land owner does not consent, corresponding land owner shall be given
hearing by the Deputy Collector, SRA and thereby submit report to
Honourable Secretary, SRA for further decision.
4. The Deputy Collector shall conduct site inspection with a view to declare
SRA and then submit report to the Honourable Secretary, SRA.
Secretary sra will submit reports to Ceo for sanction of proposal.
5. The Secretary shall forward proposal to CEO for sanction. If ceo feels
necessary, will order Dy collector to take hearing or sanction proposal.

6. On receipt of sanction of proposal, the DY COLLECTOR shall published

notification in govt gazette and publish in two local newspapers through
PRO.
7. Dy Collector to maintain proper record of files and handle disputes
concerning the same.
8. All records to be kept in office of Dy Collector.
9. Dues of such publication shall be transferred to office of collector
Accounts section and then finance accounts dept shall pay the dues.
So, after the Public Notice in Point 6 is published which invites objections
and suggestions from interested persons within a period of 15 days from
date of publication.
The reason for the aforesaid site Inspection is to determine the conditions
that would justify the declaration. Report and panchnama play very
important role. Infact now Govt, is come up with something called as GIS
system which records the structures properly to avoid any litigation. SO if
the CEO is satisfied that the condition of the slum is bad for
humanhabitation for eg no water supply no electricity no WC Dirty and
filthy conditions, slums in clusters etc.,, the declaration will be passed. This
by the way if for their own good and these slum swellers only value it once
they are rehabilitated. They are so soaked up in their comfort zones that
they probably are fine with even having NO WC.
For People who think their slums are not slumlike and have all sufficient
amenities file Appeal under section 3 (2) of Act challenging the declaration.
The other grounds being that the show cause notice was not served or
personal hearing was not give or proposal is made by an person who dont
even live on the land in question. Now if you remember point 3 of the
Circular contemplates a hearing to the corresponding land owner if the
land in question owner does not agree to passing of the slum rehabilitation
area order. The Appeal has a limitation ane needs to be filed within four
weeks of Notification but the delay if any can be condoned if sufficient
cause is shown.
GROUND ONE- FIT OR UNFIT FOR HUMAN HABITATION.
This ground revolves around the report, panchnama that is annexed to the
reply filed by advocate of SRA which plays a very important role.
GROUND TWO- Show cause Notice not served. Although show cause
notice is not contemplated by the statue (SLUM ACT) The aforesaid
Circular entitles the corresponding owner to a personal hearing which is

also confirmed by a Judgment of HC (Sonawane vs SRA 2011). It is held

that minimal hearing needs to be read in section 3c I and in lieu of that
persons whose name appears on property card should be given personal
hearing keeping in mind the circular ofcourse and principles of Justice.

CHAPTER 3
AFTER DECLARATION UNDER SECTION 3C OF SLUM ACTAt least 70% of the slum dwellers in a slum unite under a slum dwellers
CO-OPERATIVE HOUSING SOCIETY.

1. Society appoints a CHIEF PROMOTER.

2. Collect share capital of Rs. 50/- per member and Re.1 as entrance fee which is then
deposited in the name of the Society (Mumbai district central co-operative Bank/
Maharashtra State co-operative bank ltd.)
3. starts collecting the title of land.
4. Plot is measured and the slum structures are properly demarcated and the
structures are numbered on the plan. A table of house number as per plan and the
name of the occupant is prepared.
5. Society appoints a DEVELOPER by General Body resolution or pursues through
chief promoter.
6. Developer appoints professionals like Architect/ Licensed surveyor;
Structural engineer; etc. to prepare the plans of the development of the
slum

area

as

per

DCR

33(10).

Developer

enters

INDIVIDUAL

AGREEMENTS with slum dwellers agreeing to participate in the scheme

(70%).
7. A proposal for implementation of slum scheme enclosing requisite plans;
annexures and documents is submitted by the architect to SRA.
-----------------------------------------------------------------------------------------------------CHAPTER-4 What happened to the proposal?
Initial scrutiny of the proposal is carried out by the concerned SUBENGINEER. It is ensured that all required documents such as building
plan, layout plan etc. along with Annexure I, Annexure II and Annexure III
are to be submitted to SRA by the architect along with the application for
approval of the slum rehabilitation scheme. The proposal so submitted is

subjected to a pre-scrutiny by a designated engineer of SRA to ensure

that it is complete with all documents and then the proposals are
accepted. Thereafter the scrutiny of Annexures I, II and III begins in
different wings such as Building Permissions, Eligibility Certification and
Accounts & Finance respectively. If the proposal is in order, the amount
of scrutiny fee to be paid which is worked out by the sub-engineer. The
scrutiny fee is paid by the developer.
Annexure 1 is prepared by Deputy Collector. Annexure II to be filled up
by the promoter/cooperative housing society itself for submitting building
proposal to SRA.
1. SRA

Forwards

Annexure

II

to

the

Deputy

Collector(Enc/Rem),Competent Authority for certification

and issuing Annexure III.
2. The Deputy Collector issues Annexure II and forwards
Annexure III simultaneously to the financial wing for
scrutiny.
3. Annexure I is scrutinized by the engineering wing.
4. After Annexure II & III are certified by the competent
authorities, approvals to LOI, layout. Intimation of
Approval and commencement certificate to the first
building for work upto plinth are processed. Endeavor is
made to issue all these four approvals at one go, at-least
for the first rehabilitation building.

The society draws lots for allotment of the tenements to the

members who are ready to participate in the scheme. Draw
for the non- participating members from the remaining
tenements is also drawn.
The developer arranges for transit accommodation to the slum
dwellers, which can be either on-site or off site, as mutually
agreed between the slum dwellers and the developers.
In case the developer has difficulty in arranging for suitable
transit accommodation, due to site constraints, SRA extends
all help to the developers to locate suitable site in the vicinity
for construction of transit camps and helps to obtain
permissions from concerned authorities for the same. In case
no suitable site is available in the vicinity, transit camps of
MHADA, MMRDA, etc can be taken on rental basis by the

developers. SRA extends all possible help for obtaining these

transit tenements from these authorities.
Draw of lots for allotment of transit
tenements is drawn.
The slum dwellers are shifted to the transit camps and their
hutments demolished. The slum dwellers who do not agree to
participate in the scheme are given notice by the society
stating the allotment details and requesting them to participate
in the scheme.
If these members do not agree to participate within 15 days of
the approval of the proposal, they are physically evicted from
the site under the provisions of Sec 33 & 38 of Maharashtra
Slum Areas (Improvement, Clearance and Redevelopment)
Act, 1971, to ensure that there is no obstruction to the
scheme.
After demolition of the structures, work upto plinth is
completed.
After checking the plinth dimensions, further permission to
carry out construction beyond plinth is granted.
Plans for the further buildings both for sale and rehabilitation
are then approved.
Building permissions for the sale buildings are given in the
proportion of the permissions given to the rehabilitation
buildings.
Upon completion of rehabilitation building/ wing, list of
allotment is drawn up. The allotment is done in the joint name
of the head of the household and the spouse.
Building completion certificate is submitted by the architect.
After checking of the building and compliance of the IOA
conditions Occupation permission to the building is granted.
The slum dwellers as per the allotment list are given
possession of the tenements.
SRA issues identity cards to the slum dwellers.
Further construction of the remaining building/s is then taken
up.

Further building permissions as well as

occupation permissions to the buildings is then
granted in due course.
Upon completion of the last buildings in the layout, the
underlying land is transferred on lease to the society of
slum dwellers. In case of Government lands, the lease
rent is nominal.
Separate property cards for the rehabilitation building
plot and the sale building plot as well as for the
reservation plots to be handed over are prepared.
SRA acts as facilitating agency in case of any difficulty
with the revenue authorities.