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* REPORT : 25

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


EXECUTIVE SUMMARY

 

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.

 


1. INTRODUCTION

Overview

 

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.

 

Urban poor in India – status

 

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. [1] 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.

 

About Mumbai

 

Mumbai is the commercial and financial capital of India contributing over Rs. 40,000 [2] 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. [3] Over half of Bombay’s twelve million people live in 3000 slum pockets. [4] 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.

2. CONTEXT

 

A History of Slum Policy in the city of Mumbai

 

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. [5] 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. [6] 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 [7] 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.

 

An Introduction to the Alliance

 

The Society for the Promotion of Area Resource Centres (SPARC)