Even as group plans education programmes and a survey, doubts about TDR and complexities around the eligibility of slum dwellers remain
The past few weeks have been distressing for 48-year-old Karuna Patil and other residents of Sanjay Gandhi Nagar and Samata Nagar Chawl in Mumbai’s Dharavi, located next to railway lines. Patil, who works as a babysitter in Mahim, has rushed back home from her job to save her house twice. The dwellers have been served with multiple notices by the divisional railway manager (DRM) of the Central Railway Mumbai division to evict the area, claiming that they have encroached on railway land. The Railway Protection Force (RPF) and the Brihanmumbai Electric Supply and Transport Undertaking (BEST) also visited asking them to vacate the place and threatening to cut electricity and water lines.
Patil lives with her husband in a 100-sq-ft space, which they bought almost four decades ago. They've also managed to add a floor, which is occupied by her son, wife, and their child. “It was a scary situation for us because the officials asked us to leave without even offering an alternate house,†says Patil. After social workers protested and the Slum Rehabilitation Authority (SRA) wrote to the railway manager, there was an interim stay on the issued notice.
“The said land on which the chawl exists is part of the Dharavi redevelopment project area (land adjoining the harbour line connected to the Central Line and Western Railway from Matunga to Mahim station). Hence, the redevelopment of slums under the lease deed is the responsibility of a Special Purpose Vehicle Company appointed by the DRP/SRA,†said the letter sent to the central railway DRM from the SRA. “We are going to start a survey of the slum dwellers, and eligible hutments will get the benefits as per the Slum Act and rules,†it added.
In the last 60 days, there have been a number of developments around the revamp of Asia's largest slum spread across 600 acres. The latest one is the Maharashtra government's notification on Transfer of Development Rights (TDR). In November last year, the state government issued a notification to bring in changes to the Development Control Rules (DCR), which have allowed the use of TDR without an indexation. This modification will give more value to the Adani group for the TDR generated from the Dharavi Redevelopment Project (DRP) and mandate all builders in Mumbai to buy the first 40 percent of their required TDR from DRP. Political parties allege that the Maharashtra government favoured the Adani Group by approving this. Additionally, they claim that the government fixed the price of TDR at 90 percent of the ready reckoner rate, which could lead to a monopoly for the Adani Group and increase real estate prices in Mumbai.
But what is TDR? Transfer of Development Rights are issued by the local government or planning authority and allow for the transfer of development rights from one property to another. TDR is usually given to the owner of a piece of land when it is acquired by the government for infrastructure projects or when the full consumption of floor space index (FSI) is not possible due to restrictions. For instance, high-rise buildings cannot be built around the airport. In the case of Dharavi, the Adani Group in the special purpose vehicle (SPV) is allowed to sell TDR in lieu of rehabilitation of tenements to generate cash flow. The project, being a long-term one, requires huge investment. Hence, to allow the conglomerate to generate cash flow as and when the rehabilitation of the tenements gets completed, it is allowed to sell TDR in the market.