Illegal housing in India

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Wadala slums. Over the years, slum development had started in Wadala adjacent to the railway tracks and a large colony began to form. In 2006, the state government took action and cleared the area of slums. Wadala slums - Mumbai.jpg
Wadala slums. Over the years, slum development had started in Wadala adjacent to the railway tracks and a large colony began to form. In 2006, the state government took action and cleared the area of slums.

Illegal housing in India consists of huts or shanties built on land not owned by the residents (i.e., squatting) and illegal buildings constructed on land not owned by the builders or developers. Although illegal buildings may afford some basic services, such as electricity, in general, illegal housing does not provide services that afford for healthy, safe environments.

Contents

Collapses of illegal buildings made with inadequate building supplies and practices may result in the deaths of their occupants. A recent example is the 4 April 2013 collapse of an eight-story building in the Shil Phata area of Mumbra, in the greater Mumbai area; 72 people were killed in the collapse.

Strategies to curb or mitigate illegal housing include creating more affordable housing structures, redeveloping the safe illegal buildings, developing a plan of action for residents of shanties or illegal buildings, and policing the construction of illegal buildings or shanties.

An aerial view of the slums and shanties around Mumbai/Bombay Airport Mumbai International Airport, India. (13906862097).jpg
An aerial view of the slums and shanties around Mumbai/Bombay Airport

Definition

Illegal housing is a black economy activity, where individuals either encroach upon property illegally or pay for housing that is illegal. In such cases, there are little or no public services or utilities. In some cases electricity or water is accessed illegally. Illness is an issue due to poor water supply and the unavailability of sewage and garbage services. [2]

To ensure continued residency in the illegally occupied area, its inhabitants generally bribe corrupt officials, corruption being an everlasting problem in India. More often than not, relationships with municipal offices, police and local representatives are organised by a third party with interests in ensuring that the illegal housing is not demolished. Because illegal property is not taxed, there is no income stream to pay for health or other municipal services that are required for its inhabitants. [2]

History and background

Ineffective land reform and rent control policies beginning in the 1950s and building height and land ceiling restrictions of the 1970s have "single-handedly exacerbated overcrowding and lack of urban space in India several times over," according to Vinayak Chatterjee, government and private sector infrastructure consultant. India had the world's lowest percentage of affordable housing by the 1980s. [3]

Nandan Nilekani, author of Imagining India: The idea of a Renewed Nation commented:

A series of well-meaning but horribly counterproductive laws passed during this decade [1970s], which gave an immense leg up to interest groups in the city. The rent-control legislation and the Urban Land Ceiling Act had effects that, in the best of social tradition, were just the opposite of what they intended. The rent act, by stating minimal leasing periods and strict eviction limits, basically gave renters carte blanche to squat and quickly took unoccupied housing off the market, and the land ceiling act shifted large amounts of land into the illegal market. [4]

The real estate development market in Indian can exhibit monopolistic and oligopolistic tendencies. Since the 1990s all of Mumbai's available private land has been controlled by a small group of development organisations where land is "released in small quantities when prices were high." Governmental agencies, like the Delhi Development Authority (DDA), control the Delhi real estate market place since the Delhi Development Act of 1957, which prevents private developers from entering the market. [4]

The multiple initiative Jawaharlal Nehru National Urban Renewal Mission was launched in 2005, but ineffective due to poor execution. Greater success could be found through improved, fair and effective regulation; stronger engagement of the private sector; and policies that allow for use of private capital. [5] Enabling city governments to become more effective urban managers, through coordination or delegation of duties performed at the state level and training, will also create an environment for more effective urban renewal projects. [6]

The early years of the 21st century have seen a worsening of urban services, including housing, resulting in "informal, non-state solutions" such as local efforts to provide utility services to slums for a fee. [7]

Population growth and inadequate affordable housing

The Ministry of Housing and Urban Poverty Alleviation reported by 2013 that there are approximately 19 million families without affordable housing. [8]

A lack of housing coupled with high population growth, and has resulted in individuals living in low-cost illegal buildings [8] [9] or building shanties or huts on illegal land. [4] For instance, many people have moved to the greater Mumbai area in search of jobs, and without affordable housing, thousands sleep in slums or on the streets. [8] As a result, there is a trend of increased illegal housing in municipalities within Mumbai Metropolitan Development Authority. [10] [11] [12] In the Thane district alone, there were reported to be 500,000 illegal buildings by 2010. [10]

Further complicating land development projects, groupings of huts or shanties on illegal land can stall projects until there is a plan and action taken to remove or relocate the squatters. [3]

Illegal housing

Illegal buildings

23 dead bodies following the collapse of an illegal building in Bellary, Karnataka on 26 January 2010. NDRF Response at Bellary Building Collapse.jpg
23 dead bodies following the collapse of an illegal building in Bellary, Karnataka on 26 January 2010.

To meet the demands of people moving to New Delhi, Mumbai and other large cities for jobs, and due to the unavailability of affordable housing, there are many buildings constructed illegally. [8] [9] [15] [nb 1] The buildings are often created quickly. Some builders neither follow proper building practices and laws, nor execute proper safety measures. Poor construction materials are also to blame in these circumstances. [8] [9] [15] Within the Mumbai region there are estimated to be hundreds of illegal structures that have been built. Sameer Hashmi, BBC reporter, reports that activists "allege that unscrupulous builders often pay hefty bribes to authorities who turn a blind eye to these illegal structures and do not take any action against the builders." [9]

Building collapses

In the wake of the 2013 Thane building collapse that killed 72 people, CNN reported that police had "registered a case of culpable homicide against the builder of the structure". [16]

In New Delhi in November 2010, there were 67 people or more killed from the collapse of an apartment building. [15]

Illegal huts or shanties

Huts or shanties built on illegal land are sometimes assembled with brick and concrete, but often made with cardboard, tin and plastic. Hut communities, or slums, may be managed by slum lords, which may have access to water, but rarely sewer facilities. [17] The term "slum" does not in all cases mean that the community is an illegal one; some slums are legal housing communities. [18]

As of 2009 there were about 170 million people living in slums. About 66% of Mumbai's residents live in shanties, including about 40% of the city's police force. Mumbai's largest mafia organisation, D-Company, has leased access to public lands that they have gained through squatting. [17]

Political dynamics

Actions and reactions to illegal housing run the gamut from entitlement to eviction. In a 1991 project called "Operation Eviction" from A. R. Antulay's government, thousands of people from Maharashtra slums were transported great distances away from their homes. In the previous decade Arjun Singh, the Madhya Pradesh Chief Minister, handed out land rights, called pattas, to illegal communities. [3]

Slum Dwellers International is a global movement of the urban poor. SDI aims to ensure that the needs of its members are integrated and not marginalised by city administrations. [19] The current chairperson is Sheela Patel.

Strategies

Strategies for curbing and managing illegal structures include:

Affordable Housing
Identify and take action on illegal buildings
Development schemes

See also

Sanitation

Notes

  1. Legal building construction requires filing of blueprints to municipal agencies, receiving blueprint approval and obtaining permits to connect to electricity, water and sewage services. [15]

Related Research Articles

<span class="mw-page-title-main">Squatting</span> Unauthorized occupation of property

Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there were one billion slum residents and squatters globally. Squatting occurs worldwide and tends to occur when people find empty buildings or land to occupy for housing. It has a long history, broken down by country below.

<span class="mw-page-title-main">Slum</span> Highly populated urban residential area consisting mostly of decrepit housing units

A slum is a highly populated urban residential area consisting of densely packed housing units of weak build quality and often associated with poverty. The infrastructure in slums is often deteriorated or incomplete, and they are primarily inhabited by impoverished people. Although slums are usually located in urban areas, in some countries they can be located in suburban areas where housing quality is low and living conditions are poor. While slums differ in size and other characteristics, most lack reliable sanitation services, supply of clean water, reliable electricity, law enforcement, and other basic services. Slum residences vary from shanty houses to professionally built dwellings which, because of poor-quality construction or lack of basic maintenance, have deteriorated.

<span class="mw-page-title-main">Dharavi</span> Slum in Mumbai

Dharavi is a residential area in Mumbai, Maharashtra, India. It has often been considered to be one of the world's largest slums. Dharavi has an area of just over 2.39 square kilometres and a population of about 1,000,000. With a population density of over 277,136/km2 (717,780/sq mi), Dharavi is one of the most densely populated areas in the world.

<span class="mw-page-title-main">Nandan Nilekani</span> Indian businessman

Nandan Mohanrao Nilekani is an Indian entrepreneur. He co-founded Infosys and is the non-executive chairman of Infosys replacing R Seshasayee and Ravi Venkatesan, who were the co-chairs of the board, on 24 August 2017. After the exit of Vishal Sikka, Nilekani was appointed as non-executive chairman of the board effective 24 August 2017. He was the chairman of the Unique Identification Authority of India (UIDAI). After a successful career at Infosys, he headed the Government of India's technology committee, TAGUP. He is a member of Indian National Congress but not active in politics as of 2019.

<span class="mw-page-title-main">Shanty town</span> Improvised human settlement

A shanty town, squatter area,squatter settlement, or squatter camp is a settlement of improvised buildings known as shanties or shacks, typically made of materials such as mud and wood, or from cheap building materials such as corrugated tin sheets. A typical shanty town is squatted and in the beginning lacks adequate infrastructure, including proper sanitation, safe water supply, electricity and street drainage. Over time, shanty towns can develop their infrastructure and even change into middle class neighbourhoods. They can be small informal settlements or they can house millions of people.

<span class="mw-page-title-main">Mumbra</span> Neighborhoods in Thane City in Maharashtra, India

Mumbra is a neighborhood in Thane City Western India in the state of Maharashtra, a Mumbai suburb within the Mumbai Metropolitan Region. It is administered by Thane Municipal Corporation.

Jockin Arputham was an Indian community leader and activist, known for his campaigning work of more than 40 years on issues related to slums and shanty towns. He was born in Karnataka, India and moved to Mumbai, where he quickly became politicized and established himself as a community leader. In 2014, he was nominated for the Nobel Peace Prize, alongside the organisation he helped to found, Slum Dwellers International. In 2011, he received the Padma Shri in New Delhi for his contributions to social work, presented by the President of India.

Housing in India varies from palaces of erstwhile maharajas, to modern apartment buildings in big cities, to tiny huts in far-flung villages. The Human Rights Measurement Initiative finds that India is doing 60.9% of what should be possible at its level of income for the right to housing.

In the United States, squatting occurs when a person enters land that does not belong to them without lawful permission and proceeds to act in the manner of an owner. Historically, squatting occurred during the settlement of the Midwest when colonial European settlers established land rights and during the California Gold Rush. There was squatting during the Great Depression in Hoovervilles and also during World War II. Shanty towns returned to the US after the Great Recession (2007–2009) and in the 2010s, there were increasing numbers of people occupying foreclosed homes using fraudulent documents. In some cases, a squatter may be able to obtain ownership of property through adverse possession.

Shirish B Patel, is an Indian Civil Engineer and the founder of Shirish Patel & Associates (SPA), a company which designs, manages and inspects structural engineering projects. Patel is a writer and speaker in the media on the topic of urban planning and urban density.

<span class="mw-page-title-main">Katkari people</span> Tribe mostly belonging to the state of Maharashtra, India

The Katkari also called Kathodi, are an Indian tribe from Maharashtra. They have been categorised as a Scheduled tribe. They are bilingual, speaking the Katkari language, a dialect of the Marathi-Konkani languages, with each other; they speak Marathi with the Marathi speakers, who are a majority in the populace where they live. In Maharashtra the Katkari have been designated a Particularly vulnerable tribal group (PVTG), along with two other groups included in this sub-category: the Madia Gond and the Kolam. In the case of the Katkari this vulnerability derives from their history as a nomadic, forest-dwelling people listed by the British Raj under the Criminal Tribes Act of 1871, a stigma that continues to this day.

On 4 April 2013, a building collapsed on tribal land in Mumbra, a suburb of Thane in Maharashtra, India. It has been called the worst building collapse in the area. Seventy-four people were killed, while more than 100 survived. The search for additional survivors ended on 6 April 2013.

Shil Phata or Shilphata is an area about 5 kilometres (3.1 mi) south of Mumbra, in the Thane city of Maharashtra under Thane Municipal Corporation, India. Shil Phata is located east of Parsik Hills on the old Mumbai-Pune Road.

Parsik Hill is a hill in the Mumbai metropolitan area, in the Thane district of Maharashtra, India. It has a rail tunnel called Parsik tunnel. It is one of the longest and oldest tunnels in India and Asia.

Sunil Kumar Lahoria was a builder from Mumbra, Thane district, India who was killed in February, 2013 after reporting about illegal buildings and land disputes.This occurred about a year and a half before the collapse of an illegal building in Thane on 4 April 2013, killing 74 people.

<span class="mw-page-title-main">Rooftop slum</span> Type of illegal housing

Rooftop slum or penthouse slum generally refers to illegal housing on the rooftops of apartment buildings. In Hong Kong, some people are unable to afford traditional apartments and are forced to wait years for affordable public housing. They therefore live in squatted shacks on top of buildings. According to the Hong Kong population census, there were 47,091 rooftop dwellers in 2011 and this number is likely to have dropped as working class areas are redeveloped.

<span class="mw-page-title-main">Informal housing</span> Housing outside of official government control, regulation, or protection

Informal housing or informal settlement can include any form of housing, shelter, or settlement which is illegal, falls outside of government control or regulation, or is not afforded protection by the state. As such, the informal housing industry is part of the informal sector.

Slum clearance in India is used as an urban renewal approach to redevelop and transform poor and low income settlements into new developments or housing. Millions of people live in slum dwellings across India and many migrate to live in the slums from rural villages, often in search of work opportunities. Houses are typically built by the slum dwellers themselves and violence has been known to occur when developers attempt to clear the land of slum dwellings.

<span class="mw-page-title-main">Squatting in South Korea</span> Occupation of land or buildings without the permission of the relevant authorities

Squatting in South Korea is the occupation of land or buildings without the permission of the relevant authorities. From the 1950s onwards, shanty towns called P'anjach'on formed around cities, in particular the capital Seoul. As well as providing housing, squatting is used as a tactic by groups opposing gentrification and striking workers.

References

  1. Sharad Vyas; Surendra Gangan (4 April 2006). "Wadala slums seek help". DNA. Retrieved 25 June 2009.[ permanent dead link ]
  2. 1 2 Arun Kumar (2002). Black Economy in India. Penguin Books India. pp. 160–161. ISBN   0143028677.
  3. 1 2 3 Nandan Nilekani (2009). Imagining India: The @idea of a Renewed Nation. Penguin. pp.  225. ISBN   978-1594202049.
  4. 1 2 3 Nandan Nilekani (2009). Imagining India: The @idea of a Renewed Nation. Penguin. pp.  205. ISBN   978-1594202049.
  5. Nandan Nilekani (2009). Imagining India: The @idea of a Renewed Nation. Penguin. pp.  170–171, 493. ISBN   978-1594202049.
  6. Nandan Nilekani (2009). Imagining India: The @idea of a Renewed Nation. Penguin. pp.  210. ISBN   978-1594202049.
  7. Nandan Nilekani (2009). Imagining India: The @idea of a Renewed Nation. Penguin. pp.  207. ISBN   978-1594202049.
  8. 1 2 3 4 5 Prakash, Vivek (6 April 2013). "Death toll rises to 72 in Mumbai building collapse". Reuters. Retrieved 6 April 2013.
  9. 1 2 3 4 "India building collapse near Mumbai kills 45". BBC News. 5 April 2013. Retrieved 5 April 2013.
  10. 1 2 "Govt knew Thane district had 5 lakh illegal buildings, but did little". The Times of India . 6 April 2013. Archived from the original on 9 April 2013. Retrieved 7 April 2013.
  11. HT Correspondent (5 July 2011). "Illegal Buildings a big issue in Vasai-Virar". Hindustan Times. Archived from the original on 5 March 2013. Retrieved 7 April 2013.{{cite news}}: |author= has generic name (help)
  12. Pradeep Gupta (26 October 2012). "Ulhasnagar corporator accused of illegal construction on river bed". The Times of India . Archived from the original on 12 November 2013. Retrieved 7 April 2013.
  13. "Building collapse: Death toll mounts to 15". The Hindu. 29 January 2010. Retrieved 7 April 2013.
  14. "Mumbai building collapse: Indian police arrest nine". BBC. 7 April 2013. Retrieved 7 April 2013.
  15. 1 2 3 4 "India Arrests 9 People in Fatal Building Collapse". The Wall Street Journal. 7 April 2013. Retrieved 8 April 2013.
  16. "Death toll rises to 72 in India building collapse". CNN. 6 April 2013. Retrieved 6 April 2013.
  17. 1 2 Nandan Nilekani (2009). Imagining India: The @idea of a Renewed Nation. Penguin. pp.  205–206, 225. ISBN   978-1594202049.
  18. United Nations human settlements programme (2003). The Challenge of Slums: Global Report on Human Settlements 2003 (4th ed.). UN-HABITAT. p. 92. ISBN   1844070379.
  19. OECD (2012). Poverty Reduction and Pro-Poor Growth. Paris: OECD. doi:10.1787/9789264168350-en. ISBN   9789264168350.
  20. 1 2 3 4 "90% Mumbra buildings illegal or irregular: CM". The Times of India . 6 April 2013. Archived from the original on 11 April 2013. Retrieved 7 April 2013.
  21. 1 2 Alok Deshpande, Meena Menon (7 April 2013). "Illegal structures abound in Thane (photo of builders)". The Hindu. Mumbai. Retrieved 9 April 2013.

Further reading

Books
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