CITIES ALLIANCE PROJECT
ON PRO-POOR SLUM UPGRADING
FRAMEWORK FOR MUMBAI, INDIA
DRAFT REPORT
SUBMITTED
TO
CITIES ALLIANCE
AND
UNITED NATIONS (HABITAT)
BY
SOCIETY FOR PROMOTION OF AREA RESOURCE
CENTRES
(SPARC)
October
2003
List of Acronyms
BUDP
Bombay Urban Development Project
CBO
Community Based Organisation
CLIFF Community-Led Infrastructure
Financing Facility
CRZ Coastal Regulations Zone
EWS
Economically Weaker Sections
FSI
Floor Space Index
GOI
Government of India
GOM
Government of Maharashtra
LIG
Low Income Group
LISP
Low Income Shelter Programme
MHADA
Mumbai Housing and Area Development Authority
MMRDA
Mumbai Metropolitan Regional Development Authority
MOEF Ministry
of Environment and Forests
MUIP
Mumbai Urban Infrastructure Project
MUTP Mumbai
Urban Transport Project
NDZ
No Development Zone
NGO
Non Government Organisation
NSDF National
Slum Dwellers Federation
NSDP National
Slum Development Programme
RSDF Railway
Slum Dwellers Federation
SDI
Shack Dwellers International
SJSRY Swarn
Jayanti Rojgar Yojana
SPARC
Society for the Promotion of Area Resource Centres
SRA
Slum Rehabilitation Authority
SRD
Slum Redevelopment Scheme
SUP
Slum Upgradation Programme
TDR
Transferable Development Rights
VAMBAY
Valmiki Ambedkar Yojana – a housing subsidy programme
Foreword
This draft report is a sequel to the first report submitted
in June 2003 on pro-poor slum upgrading in Mumbai, India.
Readers who remember the first report will notice that there is some
repetition. The reason for this is that we wanted this document to be
a ‘stand-alone’ one as well.
As in all our writings, even if authorship is attributed
to the persons named below, this document represents an articulation
of the shared and collective experience of Society for Promotion of
Area Resource Centres (SPARC), National Slum Dwellers Federation (NSDF)
and Mahila Milan. The ideas and views of Sheela Patel, Director, SPARC,
A.Jockin, President, NSDF and Slum/Shack Dwellers International (SDI),
and Celine D’Cruz, Associate Director, SPARC, all find resonance in
the contents.
We hope that this report throws some light on the complexities
of the Mumbai context.
Sundar Burra and Devika Mahadevan
Society for Promotion of Area Resource Centres
(SPARC)
Khetwadi Municipal
School Building
Khetwadi Lane-1, Girgaon, Mumbai 400 004
Telephone Nos.: (91
22) 2386-5053 / 2385-8785 / 2380-1266
Telefax Nos.: (91 22) 2388 7566
Email:
sparc@vsnl.in
TABLE OF CONTENTS
EXECUTIVE SUMMARY....................................................................................................
5
1. INTRODUCTION...........................................................................................................
6
Overview..................................................................................................................
6
Urban poor in India – status................................................................................
9
About Mumbai...........................................................................................................
9
2. CONTEXT...................................................................................................................
11
A History of Slum Policy in the city of Mumbai..............................................
11
An Introduction to the Alliance........................................................................
12
The Society for the Promotion of Area
Resource Centres (SPARC)..............................
12
The National Slum Dwellers Federation
(NSDF)..........................................................
13
Mahila Milan (Women Together)................................................................................
13
Mobilisation Strategies.............................................................................................
13
3. SLUM UPGRADING POLICY AND FINANCIAL
FRAMEWORKS.....................................
17
Introduction..........................................................................................................
17
A brief introduction to the city’s Slum Upgradation Institutional
Framework
17
Case Studies of Slum Upgradation and Resettlement................................
20
The need for large scale public finance.......................................................
26
Community-Led Infrastructure Finance Facility............................................
27
4. COMMUNITY MOBILISATION, PRECEDENT
SETTING & ENGAGEMENT WIH THE STATE
29
Introduction..........................................................................................................
29
Community Mobilisation.......................................................................................
29
Federating Slum Dwellers under SRA........................................................................
29
Precedent Setting................................................................................................
30
Engagement with the state...............................................................................
31
5. LEGISLATIVE CHANGES AND POLICY REFORM.........................................................
33
Legislative Changes............................................................................................
33
Changes in Central Government Policy......................................................................
33
Coastal Regulations Zone (CRZ)...............................................................................
33
No Development Zones (NDZ)...................................................................................
34
Freeing up Salt pan Lands........................................................................................
34
The Rent Control Act and the Urban Land
Ceiling Act.................................................
35
Increasing the rental market.....................................................................................
35
Reducing TDR generated..........................................................................................
36
Policy Reform.......................................................................................................
36
Different models......................................................................................................
36
Innovative use of FSI...............................................................................................
37
Realistic Standards..................................................................................................
38
6. ACTION PLAN............................................................................................................
39
ANNEXURE I – RAJIV INDIRA.........................................................................................
42
ANNEXURE II – BHARAT JANATA...................................................................................
45
ANNEXURE III – MILAN NAGAR......................................................................................
48
ANNEXURE IV – OSHIWARA..........................................................................................
50
This
paper is a part of the 3 Cities Project that documents the experiences,
frameworks and practices in slum upgradation in the cities of Mumbai,
Manila and Durban.
The aim of this project is to share lessons, challenges and methodologies
that emerge from city-wide slum upgradation efforts and support those
initiatives where local and national governments work in partnership
with groups of the urban poor.
In
fact, this document is being written at a very exciting time for the
city of Mumbai. In August 2003,
the Government of Maharashtra made a presentation to the Prime Minister
of India suggesting policy and legislative changes that would result
in massive slum upgradation in the city. Around the same time, Bombay
First, a citizen’s initiative, along with McKinsey, a private consulting
company, produced a report called Vision Mumbai: Transferring Mumbai
into a world-class city. This report has generated much interest
and a Task Force has been set up by the state government to scrutinize
and examine how Bombay First-McKinsey’s recommendations. Both these
very welcome initiatives are representative of a genuine will to improve
the face of Mumbai, of which making the city slum-free is an important
component. However, these are top-down approaches, and the authors believe
that unless the urban poor are organised, they will be unable to benefit
from policy and legislative change in any significant way. This document
illustrates a number of grassroots examples that demonstrate how communities
can be involved in the upgrading of their slums and presents a bottom-up
perspective to scaling up city development.
The
first chapter reviews the main arguments of the paper and provides some
statistical data on the urban poor in India, and specifically, in Mumbai.
The next chapter discusses the history of slum policy in the city and
introduces the Alliance
of the Society for the Promotion of Area Resource Centres, the National
Slum Dwellers Federation and Mahila Milan. The third chapter discusses
the regulatory and financial framework of current slum redevelopment
policy in Mumbai, presents some case studies and discusses the critical
shortage of large-scale low interest loans to the poor. The fourth chapter
discusses the importance of community mobilisation and of demonstrating
and testing “pro-poor” models and engaging and negotiating with state
agencies to produce solutions. The fifth chapter suggests legislative
changes as well as policy reforms that are needed for massive slum redevelopment.
Finally, the document ends with a City Action Plan, again, from a grassroots
perspective. Financial details of four of the Alliance’s projects are
illustrated in the Annexures.
In
conclusion the authors maintain that there is much to be optimistic
about. What is important is the city’s genuine will to support organisations
of the urban poor, nurture private-public-NGO partnerships, and ensure
that the market is truly friendly to the poor.
The
3 Cities Project documents the experiences, frameworks and practices
in slum upgradation in the cities of Mumbai, Manila
and Durban. Supported by Cities
Alliance, the aim of this project is to build upon the lessons and challenges
that have been faced in the effort to strengthen policy and practical
approaches within each city and also to develop horizontal exchanges
across the cities. The goal is to critically understand various slum
upgradation frameworks and methodologies and support those initiatives
where local and national governments work in partnership with groups
of the urban poor. The success of each city model is judged in terms
of the actual deliverables and the capacities that were created in the
process of implementing policy.
The
partnership of the Society for the Promotion of Area Resource Centres
(SPARC), the National Slum Dwellers Federation (NSDF) and Mahila Milan,
elsewhere referred to as the Alliance,
have been working in Mumbai on urban issues for nearly two decades.
The Alliance works with and
has detailed information for over 200,000 households. The Alliance is actively involved with the following
projects:
1)
The Mumbai Urban Transport Project (MUTP) where we have been
given the responsibility of resettling 20,000 households living along
the railway tracks. Of these, some 12,000 households have already been
resettled either in permanent accommodation (4000) or temporary accommodation
(8000). The Alliance
actually got 2500 transit tenements constructed.
2)
The Mumbai Urban Infrastructure Project (MUIP) where we have
been tasked with resettling 35,000 households affected by road construction
projects.
3)
The Slum Redevelopment/Pavement Dwellers projects where we
are in the process of constructing some 1500 tenements in about 20 buildings.
4)
The Slum Sanitation Programme where we have nearly finished
constructing 5000 toilet seats in slums through community participation.
If 50 people use a toilet seat a day, this will benefit 250,000 persons
living in slums.
It
is out of our twenty-year history of community organisation and working
with the city that we present our insights.
This
paper is the second part of the documentation of slum upgradation financial
and legislative frameworks in the city of Mumbai,
and it builds upon our previous work. The first paper described the
experiences of Mumbai’s urban poor and analysed the institutional and
legal framework for slum upgrading in Mumbai today. It examined the
historical relationship between the centre, state and local governments
and slum communities and discussed, in detail, the evolution of slum
policy in Mumbai, with special emphasis on the city’s current slum upgradation
policy. The paper also introduced the work of Society for Promotion
of Area Resource Centres (SPARC), National Slum Dwellers Federation
(NSDF) and Mahila Milan, presenting some of its projects, as well as
the various mobilisation tools that this alliance has developed to organise
communities of the poor to engage with their local authorities and access
better housing and infrastructure. The author also considered the difficulties
that NGOs and CBOs encounter in the area of financing and underlined
the need for different forms of finance. Lastly, the paper made the
point that although the Slum Redevelopment Authority’s policy of granting
free housing for the city’s poor has been extremely problematic, and
largely unsuccessful, it has been the only available slum upgradation
option available in Mumbai other than public infrastructure projects.
Moreover, the alliance of SPARC, NSDF and Mahila Milan, by involving
slum communities in the redevelopment of their area, have sought to
explore innovative approaches under this scheme which are affordable
to the poor and can be scaled up considerably.
This
paper takes a detailed look at the financial, legislative and policy
models that are available for slum upgradation in the city of Mumbai. Moreover it examines the changes that
are necessary to strengthen the existing models in the short term as
well as elucidates the more substantial changes that are critical for
slum upgradation to be actually be scalable, pro-poor and sustainable
in the long term. The paper is divided into 6 sections. The first section
briefly presents the context of slum policy in Mumbai, introduces the
Alliance of SPARC, NSDF and Mahila Milan and illustrates its mobilisation
and engagement strategies while working with the urban poor. In fact,
these topics have been discussed in great length in the previous paper,
but are reviewed here in our effort to make this a stand-alone document.
The second section examines the current slum upgradation policy framework
provided by the SRA and looks at its implications on the ground. The
various financial models that emerge from this policy are examined and
examples are presented of each of them. The main insight of this section
is that for such a policy to be close to reaching its projected housing
targets, large-scale private and public sector institutions must provide
low-interest housing finance to the poor. Unfortunately this has not
been the case because there are few examples of successful partnerships
between financial institutions and the poor. This section concludes
with illustrating the Alliance’s
attempts to actually demonstrate a financially viable and pro-poor model.
The third section discusses some reforms that are necessary to strengthen
the ability of the poor to access housing under the SRA policy. It discusses
the problems that builder-driven incentives create and explores ways
of countering this. A recent initiative by the SRA to federate slum
dwellers who participate in SRA projects so that they are well aware
of their rights and benefits is presented. The fourth section examines
a variety of regulatory and legislative reforms that have been introduced
by the state and considers why they have not fulfilled their obligations
to the poor. The thrust of this section is that land markets and real
estate prices in Mumbai are distorted and one way to address this is
for the city to open up and redevelop large tracts of unused or restricted
lands. This will increase land availability by 40%. The fifth section
critically examines the substantive changes that are necessary in slum
upgrading policy for Mumbai to truly move towards a slum-free city.
The main point that emerges is that the financial instruments in the
SRA scheme are unviable and the city must create more innovative market
based incentives to improve housing and infrastructure in the city.
Such mechanisms are illustrated. The final section presents a city action
plan. It discusses various suggestions that have been made, especially
in the past few months, to change the face of Mumbai.
Four
points emerge strongly from our research and run throughout this paper.
First,
that government legislations, regulation and controls that aimed to
limit the amount of land in the hands of the rich and redistribute it
to the poor have failed. Furthermore, government subsidies are neither
adequate nor sustainable. Over half the city continues to be unable
to access cheap, safe and secure housing. Therefore, formal financial
institutions must be deeply involved in lending to the poor.
Second,
a variety of development partners must be drawn into and engage in the
process of creating a larger housing stock for the city. Financing models based upon innovative and various
market incentives must attract the private, the public as well as the
NGO sector, not to mention organised groups of the poor, to create a
number of large-scale affordable housing options.
Third,
although different stakeholders in the arena of housing and urban development
have different priorities, there are many areas of overlapping consensus.
Moreover, focussing on these common interests will ensure that the city
will be able to move from having a majority of its population living
in slums to actually providing its population with secure housing rights.
Creating housing for the poor does not simply fulfil the welfare and
social objectives of the state, but results in important gains in financial,
economic and capital efficiency for the entire city. An improvement
in the quality of the lives must be seen as benefiting the entire city,
and indeed the country as a whole. Moreover, working on these common
issues brings a variety of talents and strengths together, builds on
their comparative advantages, creates new relationships and becomes
an incubator for more innovative policies, strategies and initiatives
for city wide development.
Finally,
markets must be made to work for the poor. Therefore, the inadequacies
and distortions of the housing policy and land markets of the entire
city must be addressed. The paper finds that the current situation effectively
makes housing unaffordable to the poor. Ultimately, the urban development
of Mumbai is intimately tied up with slum upgradation in general. Thus,
tools such as increasing Floor Space Index must be used in creative
ways to boost economic growth and housing stock while keeping environmental
and public health safety concerns in mind.
This
paper points to many ways forward. The core of its analysis is guided
by two key questions – will these suggested models deliver housing that
is practical, just and sustainable? And do these models create the conditions
for the participation of the poor? We find that different groups of
the urban poor must be presented with different upgradation and financing
models – there is no across the board solution. Moreover, the poor must
be involved in the envisioning of the future of the city, i.e. in the
creation of solutions and not simply seen as a problem that needs to
be managed and solved. We conclude that if a variety of financial, legislative,
regulatory mechanisms and instruments are developed and followed, there
is much to be optimistic about.
In
fact, this research is being presented at an extremely opportune time.
In August 2003, the Prime Minister of India visited Mumbai and asked
the Maharashtra government to form a committee that will map
how to provide 100,000 slum families with proper housing in the next
two to three years. Various departments and authorities are deeply involved
in formulating how Mumbai can emulate Shanghai!
The insights that have emerged in this second 3 Cities Project report
can go a long way towards assisting in this very ambitious task.
This
paper has been a collaborative process – incorporating a variety of
perspectives from government, NGO, private sector and representatives
of the poor. Insights have emerged from discussions with Mr. UPS Madan,
Vice President and Chief Executive Officer of the Mumbai Housing and
Area Development Authority (MHADA), Jockin Arputham, President of the
NSDF and V.K Mr. Phatak of the Mumbai Metropolitan Regional Development
Authority (MMRDA). The paper draws heavily from two reports - Vision
Mumbai: Transferring Mumbai into a world-class city, which was prepared
by Bombay First and McKinsey, and a policy paper written by a former
Additional Municipal Commissioner, Mr. Subodh Kumar, entitled City
Management: An Outline Plan for Mumbai. Finally, discussions from
the meetings of the Urban Policy Forum – a group that the Alliance initiated
in 2003 which brings together some very well respected and diverse people
who have been involved in city development for the last few decades
– have also influenced the ways in which the authors approached this
research project.
The
2001 census of India revealed that out of a population of over 1 billion
people, the urban population is 285.4 million (nearly 30%) and rising.
A rapidly urbanising population and the inadequacy of city governments
to meet its demands have meant a critical housing and infrastructure
shortage. Although information on the number of the poor
within this urban population is approximate, it is estimated that there
are roughly 100 million slum dwellers in the country. In Maharashtra,
the state in which Mumbai is located, 26% of urban dwellers fall below
the poverty line. However, since poverty has long been associated with
rural areas, little investment has been made in improving the lives
of the urban poor. Moreover, political leaders, bureaucrats and the
middle classes subscribe to a 'fortress' mentality that sees migrants
as a threat to the city's survival. The contributions of slum dwellers
to the city’s economy – as industrial workers, construction labour,
domestic servants, rag-pickers and in a whole range of petty trades
like vegetable and fruit-selling – are unacknowledged by the administration
in general. Instead, the urban poor are seen as free-riders, as encroachers
on valuable land and as entirely undeserving of the most basic of rights.
Such prejudices, along with an anti-urban bias in planning, have led
both to the neglect of urban poverty and a refusal to envision cities
as engines of economic growth.
Mumbai
is the commercial and financial capital of India contributing over Rs. 40,000 crores or 1/3rd of the entire country’s
annual taxes. It generates over 20% of the state’s Gross Domestic Product
and 5% of the entire country’s Gross Domestic Product, handles over
1/3rd of the country’s total foreign trade and has the largest
airport in the country. These figures sound extremely impressive and
one would expect that the city’s citizens enjoy a high quality of living.
However, in return, the city only gets back between 1%-3% of its revenue
generated toward its development. Over half of Bombay’s
twelve million people live in 3000 slum pockets. These slums are characterised by the inadequacy of
the most basic of necessities including water, sanitation, electricity
and drainage. One estimate puts it that the slum population lives on
only 16% of the land area, a statistic revealing of existing inequities
and prompting of the question as to whom the city belongs.
The
last fifty years have seen a number of institutional and legal frameworks
come and go that have variously sought to prevent the proliferation
of slums or to provide the poor with secure housing – and these have
been explored in great detail in the previous paper. However, the policies
have been an overwhelming failure and the percentage of people living
in slums has grown exponentially. And although the latest slum upgradation
policy has been touted as the most progressive to date, as this paper
will reveal, much financial and regulatory reform is necessary if things
are to improve in any substantial way. The problems are complex and
land markets are extremely distorted making real estate prices the highest
in India.
Until
the 1970s, the Government of Maharashtra and the Municipal Corporation
of Greater Mumbai followed a policy to unilaterally demolish slums and
clear land of encroachments. However, this strategy did not work because
people simply re-built their huts after some time at the same location
or, if there was too much harassment, at another unoccupied location
nearby. Moreover, land-owning agencies were just not equipped to police
their lands and their lower officials often connived with middlemen
to allow encroachments.
Even
when the state government did try to resettle the poor, they were unsuccessful. Resettlement proceeded erratically according to the
whims and fancies of local municipal officials and the poor were completely
excluded from any decision-making. As a result, more often than not,
because they had been forcibly relocated without concern for their social
and economic networks, the poor returned to their original locations
or to nearby ones.
In
the 1970s, however, legislation and policy changed. Slums began to be viewed as housing solutions and
the state began to provide water, sanitation, electricity and other
amenities in these areas. Furthermore, the state started to recognise
that when slums were demolished, some form of resettlement was needed.
In 1976, a census of huts on public lands was conducted and photo passes issued to all those found eligible according as to
whether they could establish that they were living in the slum at the
time of census. This was the first time that slum dwellers were given
any form of security. However, none of these programmes ever involved
the poor in any stage of planning or implementation. Furthermore, slums
on central government and privately owned lands – which accounted for
the largest chunk of land in the city – were entirely excluded.
In
the middle-eighties, the World Bank funded Bombay Urban Development Project (BUDP) came
into being with two programmes -- the Slum Upgradation Programme (SUP)
and the Low Income Group Shelter Programme (LISP). The SUP consisted
of giving a thirty-year renewable lease of land to cooperative societies
of slum dwellers (where the lands were not needed for public purposes),
providing civic amenities on a cost-recovery basis and giving loans
to upgrade people’s houses. Under the LISP, the state provided subsidized
land to the Economically Weaker Sections (EWS) and Low Income Groups
(LIG) to build their own homes in accordance with a type design.
Although 85,000 families benefited from both these programmes,
conditions on the ground did not change significantly. The most progressive
feature of SUP was the introduction of the concept of land tenure but
its most retrogressive feature was that it left existing inequalities
in size of holding untouched. The most positive aspect of LISP was that
there was a shift in the role of the state from provider to facilitator
but its most negative aspect was that it probably did not reach the
really poor. Both programmes also suffered from an absence of genuine
community participation. And again, the SUP could not be implemented
on central government or private land.
The
nineties saw the state formulating two major programmes for slum dwellers.
The first was known as the Slum Redevelopment Scheme. This program aimed
to provide enough incentives – such as increasing the Floor Space Index
(FSI) allowed in slum areas and the ability to transfer development
rights to other areas of the city - for private developers and builders
to redevelop slums. The theory was that by selling the extra space in
the open market, tenements for slum dwellers would be cross-subsidised
and made affordable to them.
But
the programme did not take off in any significant manner and when a
new government came to power in Maharashtra in 1995, one of its main
election promises was to provide 800,000 free houses for 40,00,000 slum
dwellers in the city of Mumbai. This eventually formed the basis for
the current slum redevelopment policy of the city and is described in
more detail in the next chapter.