Report of

A Public Hearing on Habitat and Livelihood Displacements in Ahmedabad

March 2010

Our Inclusive Ahmedabad (a forum of Concerned Citizens of Ahmedabad) Ahmedabad

CONTENTS
Jury Members....................................................................................................................................... iii Organizing Committee ......................................................................................................................... iv 1.0 Introduction ..................................................................................................................................... 1 2.0 Background of Ahmedabad ............................................................................................................ 5 3.0 The Depositions .............................................................................................................................. 8 3.1 3.2 Depositions of Affected People ............................................................................................... 8 Issues Emerging from the Individual Depositions and Testimonies ...................................... 19

4.0 Recommendations for an Inclusive City ....................................................................................... 23 5.0 Jurys Observations, Reflections and Verdict ............................................................................... 25 5.1 Field Visit Observations ........................................................................................................ 25

5.2 Observations ................................................................................................................................. 28 5.3 Reflections .................................................................................................................................... 28 5.4 Verdict .......................................................................................................................................... 31 Annexure 1: Details of Evicted Slums, AhmedabaD .......................................................................... 36 Annexure 2: Details of Slums Threatened Eviction............................................................................ 39 Annexure 3: Riverfront slums Displaced (as on the date of the Public Hearing) ............................... 40 Annexure 4: Summary of Shelter Displacements ............................................................................... 41 Annexure 5: Slums Of Ahmedabad: Displaced And Prone To Threat Of Eviction ........................... 42 Annexure 6: Data of Vendors Displacements ................................................................................... 43 Annexure 7: Informal Markets Of Ahmedabad: Disposed, Evicted And Prone To Threat ................ 47 Annexure 8: Scheme for Street Vendors, Manekchowk ..................................................................... 48 Concerned Citizens of Our Inclusive Ahmedabad .............................................................................. 49 Schedule .............................................................................................................................................. 50

ii

JURY MEMBERS

iii

ORGANIZING COMMITTEE
Darshini Mahadevia Beena Jadav Dakxin Chhara Farukbhai Yakubbhai Barafwala (Gujari Market) Jamilaben Akbarali Ansari (Rahethan Adhikar Manch) Javed Ameer Laxmiben Dabhi (Rahethan Adhikar Manch) Manali Shah Manek Bhai (Pirana) Navdeep Mathur

iv

1.0 INTRODUCTION
Ahmedabad is a city with a tradition of Gandhian Philosophy. This tradition gave birth to a history of peaceful inclusive development in the first half of the last century. Unfortunately, with the turn of the new century, the city has turned into one with many conflicts and exclusions. The latest instance of such conflicts and resulting exclusion of certain segments relates to the displacements of the urban poor from their informal shelters and informal sector livelihoods, all in the name of development. The story of displacements begins with the first largest urban renewal project of the city, The Sabarmati Riverfront Development, then moves on to Kankaria Lakefront Development, to widening of roads in general and also for the prestigious Bus Rapid Transit (BRT) System in specific, and ironically to lands for the implementation of low-income housing projects under the Basic Services for the Urban Poor (BSUP) component of the Jawaharlal Nehru National Urban Renewal Mission (JNNURM). There have been livelihood displacements because of the privatization of certain services in the city, such as solid waste management, and displacements of vendors because of road widening. In addition, there have also been habitat displacements on account of reclaiming of the encroached lands for the official use by the planning authority. The term official means as designated in the city Master Plan. Annexure 1 to 5 of this report provide the details of the slum households displaced in the city since 2002. The Ahmedabad Municipal Corporation (AMC) has declared 1976 as a cut-off date for the recognizing a demolished slum dweller as eligible, which means to be considered a Project Affected Person (PAP) entitling the person to rehabilitation. Now, another layer of eligibility has been introduced by the state government through the promulgation of Regulations for the Rehabilitation and Redevelopment of the Slums, 2010, in March 2010. An Eligible Slum Dweller is one who is not a foreign national and is the occupant of hutment for a period of minimum 10 years and has a domicile of Gujarat for 25 years or his descendant. (pp. 4)1. For proof of occupancy, any two of the following documents are required: (i) copy of ration card, (ii) copy of electricity bills, (iii) proof of being included in the electoral rolls and (iv) any other proof as decided by the prescribed authority (pp. 4). This eligibility criteria is going to exclude large number of present slum dwellers from any alternate housing in case of their displacement.

Unfortunately, with the turn of the new century, the city has turned into one with many conflicts and exclusions.

There have been displacements of the urban poor from their informal shelters and informal sector livelihoods, all in the name of development

http://www.udd.gujarat.gov.in/udd/sm Policy.pdf, accessed on June 22, 2010.

01

There have been displacements because of BSUP housing projects.

BSUP component of the JNNURM has been reduced to becoming rehabilitation component of UIG projects of JNNUR.

Ironically, a certain section of displaced households are eligible for a house under the BSUP component of the JNNURM, and have also been allotted a BSUP housing unit, there are many who have not been given a house because they do not have a proof of their being in the city in 1976. Thus, a large section of the demolished slum dwellers have been left in the lurch. At the same time, even those eligible for rehabilitation have been dumped in the wilderness on the citys periphery, on undeveloped sites, to their own devices to survive. At the time of the public hearing they were living in temporary shelters which they themselves have constructed, on plots allotted to them by the AMC near the citys largest garbage dump. Whether they will get a permanent house or whether they will have to rebuild their lives once again is not known. Many of them had invested large amounts in their previous living settlements, just as the urban poor do everywhere. The PAPs of various projects affected under the Urban Infrastructure and Governance (UIG) component of the JNNURM are being rehabilitated under the BSUP component of the JNNURM. In essence, the JNNURMs BSUP component has been reduced to become a rehabilitation component of the infrastructure projects of the JNNURM and thereby subsidising the UIG component. To set the context for the broader framework of this report, the following section offers an overview of JNNURM and the reason why all of a sudden one is hearing about displacements in urban India as a whole, and Ahmedabad as a city. The Government of India has committed to invest Rs. 50,000 crore, over a period of seven years starting from the beginning of 2006, in urban infrastructure and housing projects. The JNNURM, introduced as a mission in December 2005 by the Government of India, has two major goals. The first relates to improving urban infrastructure and housing and the second relates to improving urban governance. A mandatory package of reforms has been tied to the funding of the projects under the mission. The urban infrastructure and housing investments are taking place through individual projects approved by the monitoring committee set up at the national level. The cities and the states send in their Detailed Project Reports (DPRs) for each identified project, for funding request. Upon approval of the project, the national government provides a certain percentage of the approved central assistance for the project to the state government. The state government is then intended to pass the same amount along with its contributory share to the project implementing authority. In Ahmedabad, the AMC is the project implementing authority. The AMC has to also make a contribution to its share of the project funds. On utilization of the devolved funds, the national government then sends the next tranche of funds for the project. In practice, there is a big pressure on the citys government, (in this case, the AMC), to complete the project on time so as to access the project funds and use them. This has ensured that the planning for the project is not being done properly, peoples participation has been given short shrift and issues of displacement and rehabilitation have not even been

Hurry to implement the JNNURM projects and authoritative approach of Municipal Corporation has resulted in large scale displacements of urban poor.

02

acknowledged, let alone studied and analyzed. This hurry to implement the JNNURM projects coupled with an increasingly callous and highhanded approach of the Municipal Corporation towards the needs of the people, have resulted in large-scale displacements of the slum dwellers and street vendors in the city. In the proposed budget of the AMC for the year 2010-11 projects worth Rs. 2,050 crore2 have been proposed as capital projects for the city and a large proportion of these funds are expected to come from the JNNURM. Ahmedabad City and Gujarat state are one of the largest recipients of the JNNURM funds from the national government. After the closure of the textile mills in the later 1980s and early 1990s, a large proportion of the displaced workers and their families created their own employment in the informal sector. Many took to vending on the streets and street corners. These vendors are being displaced in the name of urban renewal without thinking of an alternative inspite of the National Policy on Street Vendors. There is an ongoing Public Interest Litigation (PIL) in the Gujarat High Court on the petition of implementing this policy and the latter has passed an interim order directing the AMC to prepare a scheme for the street vendors. Another PIL has been admitted in the Gujarat High Court on rehabilitation of those to be displaced by the Sabarmati Riverfront Development and here too the High Court has given interim orders in the favour on the riverfront slum dwellers. There are also petitions in the Gujarat High Court on other slum demolitions, wherein the pleas have been to get alternative housing. In a democracy, all citizens should be able to avail of their rights through a sound and inclusive public policy. It is a cruel travesty that the urban poor are claiming their rights in the city of Ahmedabad through litigation and judicial intervention. The city of Ahmedabad in general and the poor residents of the city have begun to seek answers from their local government, the AMC, to certain pressing questions such as: why their lives and livelihoods are being demolished and displaced? Why they are being pushed to the margins when the city is moving ahead with wide roads, flyovers, BRT, many commercial developments, fancy gated communities, new townships and so on. They also seek answers to the questions as to why pro-poor development projects such as the successful and UNHabitats award winning programme called the Slum Networking Programme (SNP) have been slowed down? They are asking why there are no consultations in the city on various ongoing projects and why their participation is not being sought for even policy formulation that will touch their lives such as the Street vendors scheme. Lastly, the poor are asking, why all the projects of the city are being decided and designed by the experts and officials without consulting and informing those whose lives are going to be affected by such projects.

Ahmedabad city and Gujarat state are one of the largest recipients of JNNURM funds from the National government.

There are number of PILs in Gujarat High Court to seek redressal against evictions and implementation of National level policies.

The poor are asking that why all the projects of the city are being decided and designed by the experts and officials without consulting and informing those whose lives are going to be affected by such projects.

http://www.egovamc.com/amc_budge t/Draft_Budget_2010-2011.pdf (accessed on February 19, 2010)

03

A pu ublic heari was ing orga anized to b bring to for re thes various issues of se urba develop an pment and disp placements experienc s ced by th poor of the city of he f f Ahm medabad.

It I is indeed a irony that Ahmedabad is being lab an Inclu an d bled usive City to oday and receiving Best Practice award for a affordable housing! In fa the city has been ve busy and her admini act, ery d istrators goin all over ng th world sh he howcasing th pro-poor, sustainab city and futuristic he ble d projects when the conditio of the ur p n ons rban poor are becoming tenuous by e t th day. he A public hear ring was org ganized to br ring to fore t these variou issues of us urban development and displacement experienc by the poor of the u d ts ced p city of Ahme edabad. The intent of thi hearing was also to ge ideas on is et in that would include the lives and alternatives i urban development t ivelihoods of the poor. This event w organized by the For f T was d rum named li O Inclusiv Ahmedab Our ve bad set up by the C p Concerned Citizens of C Ahmedabad, w A which includ members of the slum c de communities and street s vendors grou v ups, individu working with the u uals g urban poor th hrough the non-governm n mental organ nizations, hu uman rights activists, academics, a business peop and entre ple, epreneurs and lawyers.

s ed This event was organize by the F Forum na amed Our Incl lusive Ahm medabad s set up b the Con by ncerned Citiz zens of Ah hmedabad, incl luding mem mbers of th he slum commun m nities and s street vend dors group as well as ups indi ividuals.

e ed The jury visite the affected peop and he discussi ple eld ions with them on D h December 13, r 2009 to take st tock of the eir lity. quently, a real Subseq stru uctured pub hearin blic ng was held on D s December 1 19, 2009 in Ahme edabad City y.

Seve govern eral nment repr resentative were also es invi ited; howev the ver invi itations rec ceived neith ther any acknowledgment no or ponse. resp
04

Ten T prominen residents of Ahmedab City, dra nt bad awn from a variety of professions such as law, govern l nment, aca ademics, in nternational development, and activism relating to human and women rights, ns ag greed to be part of the Jury. The ju visited th affected people and J ury he p held discussio with them on Decem ons m mber 13, 2009 to take sto of their 9 ock re eality. Subse equently, a st tructured pub hearing w held on December blic was 19, 2009 in A Ahmedabad City. The de C eponents wer carefully selected to re re epresent vari ious dimensi ions of the di isplacements and were drawn from s d different loca ations of the city. Appro oximately 60 people cam for the 00 me Public Hearin and were present in th hall for the duration of the whole ng p he e f day. Many more than the scheduled sp peakers had sent in their request to r gi their dep ive position, but these requ t, uests could not be acco ommodated du to limited time. In ue nstead, howe ever, testim monies of in ndividually af ffected peop were coll ple lected before hand and h e have been ap ppended at th end as An he nnexure 6. Th testimonie have come in Gujarati as well as he es e i English and th Gujarati ones have be kept inta so as not to lose the E he o een act or riginal cont tent to trans slation, whi ich is a risk that may occur in y tr ranslation. Several gover rnment repre esentatives w were also inv vited, in par rticular the Municipal Co M ommissioner of Ahmedab bad, the Ma anaging Director of the Sabarmati Ri iverfront De evelopment C Corporation (SRFDC), and Chief

ve the Ahmeda abad Urban Developme ent Executiv Officer (CEO) of t Authorit (AUDA), city council ty llors as well as the electe members of ed the state legislative assembly a national parliament. However, th e and he invitatio received neither an acknowle ons d ny edgment nor response. In r essence, the official machinery the local government and the sta , y, ate governm ment totally ignored the event indic e cating total apathy of th he official machinery towards th plight o the city poor. Th he of s his experien nce, howeve is not u er, unusual in India when the elected n represen ntatives rem main conspic cuously abse when th people a ent he are facing h hardships, w whether on ac ccount of ac ctions by the executive or e internal strifes and c conflicts. Th other imp he plication of the absence of t official members o the gover of rnment at th Public Hearing is th he H he indicatio that there is no one t answer th questions that people of on e to he the city and the pub hearing have raised at the onse This repo blic d et. ort, therefore does not contain any references t official policy on slu e, to p um developm ment, livelih hood protecti of resett ion tlement or re ehabilitation in case of i inevitable dis splacement.

In es ssence, the official e mach hinery, the local e gove ernment an the state nd e gove ernment totally ignor red the e event indic cating total l apat of the official thy o mach hinery tow wards the pligh of the ci ht itys poor.

This pub hearing was the firs such city level consul blic st ltative proce ess held in t last two and a half d the decades. The large gather ring in the ha all had peo ople from all religions a region, caste and cr and reed. Half th he participa ants were women. There was no ev e vidence of di ivisions of th he social an cultural d nd divisions tha mark Indi society in general an at ian i nd Ahmeda abad in parti icular. The p proceedings w were conduc cted in order rly manner with remarkable disciplin and digni ne ity.

f The absence of official mbers of the governm ment mem at th Public Hearing is the he H indic cation that there is n t no one to answer the questio ons people of the city an t nd that p the p public hear ring have raise at the on ed nset.

2.0 B ACKGR OUND O AHM OF MEDABA D

Ahmeda abad is the 7th largest me etropolis of India, spread over 450 s d sq. km. Its population currently stands at approximate 5 millio n ely on individu now. In 2009, the C uals Confederation of Indian Industry (CII), n I and the Institute for Competitiveness ranked Ahmedaba the 7th mo r d ad ost

05

livable city in India on a National Livability Index, right after the 6 major metros Delhi, Mumbai, Chennai, Bengaluru, Kolkata and Hyderabad. On account of the concentration of cotton textile mills in the city (totaling 64 in number), the city was formerly known as the Manchester of India. Approximately 80 per cent of the workforce was employed in this organized sector. The restructuring of the textile industry led to closure of these large composite textile mills and today only about 10 are functional. The rest have laid-off their workers, who subsequently entered into various modes of informal sector employment, of which street vending is one such employment area. While the economy of Ahmedabad continues to grow in the areas of manufacturing and engineering, the share of employment from these sectors has been stagnant, and this growth has also had an adverse impact on the unorganized manufactured sector. The citys economy has therefore informalized over time, in tune with the nationwide trend of informalization. 75 per cent of the total workforce of Ahmedabad of 1.5 million works in the informal sector. While the informal sector is quite differentiated, the vast majority of the poor, particularly women work on the streets and in open areas in activities such as vending/hawking, shopkeeping, small manufacturing, repairing, paper and waste recycling, diamond polishing, sandal stitching, garment making, bag-making, kite-making, food processing, embroidery, domestic services, and as auto and cycle rickshaw drivers, barbers, cobblers, artisans, shopkeepers, head-loaders, donkey herders and cart-pullers. Within the informal economy, incomes and work conditions can be vastly different between, for example, a small manufacturing unit owner, and ragpickers. Much of the work in this sector is carried out by populations most vulnerable to poverty, ill-health and insecurity of shelter. The policy environment has been hostile to this majority section of Ahmedabads workforce and population, while favouring the needs of those who are far less vulnerable, able to pay for services and who can afford to raise their standard of living through the shrinking formal sector. In such a hostile policy environment informal workers have to pay out bribes regularly in order to carry out their economic activities. Moreover, informal work does not ensure availability of work or (minimum) wages and can be said to induce vulnerability. Ahmedabad is also an increasingly segregated city both by religion as well as by economic class. Predominantly Hindu, and more affluent, Western Ahmedabad stands in sharp contrast to the city east of the river Sabarmati. The latter predominantly caters to the low income populations and contains 75 per cent of the chawls and 47 per cent of all slum units of the city, while containing 44 per cent of the total housing in the Ahmedabad, as well as small scale industries. Much of the housing lacks basic amenities, services and legal tenure. Western

The citys economy has therefore informalized over time, in tune with the nationwide trend of informalization.

06

Ahmedabad is predominantly residential, and houses the citys upper and middle class households in addition to several elite institutions of higher education. In Western Ahmedabad, a near complete ban has been placed on roadside vendors and hawkers, supposedly towards meeting the goal of improving traffic conditions and air quality. Ironically, the goal improving traffic conditions can never be improved without grossly improving public transport and putting in place policies to discourage and even penalize use of private vehicles. And increase in private vehicles is never going to improve the local air quality. The city is sprawling at the behest of the land developers and builders and this is going to further deteriorate traffic conditions. The vendors and hawkers are being penalized for bad and specific-section motivated planning. While the attempt is to improve traffic conditions, the mobility and access to work and opportunities of the urban poor, specifically women among them has not improved, due to lack of affordable and convenient public transport. The Western-most edge of this part of the city also includes luxury apartments and bungalow housing, air-conditioned shopping malls and entertainment complexes providing amenities to an even more exclusive portion of the urbane upper classes. It is here that a growing number of new International Schools are coming up for the elite populations, as well as private high fee charging hospitals. The vision offered by this segregated development patterns is in stark contrast to the amenities and investment for the less well off in eastern Ahmedabad which shows a decline in the number of municipal maternity homes, number of beds in these maternity homes, medical dispensaries and clinics and teachers in municipal schools from 19812006 (Table 1). The number of schools has gone up marginally from 496 to 539 in this time period however. Table 1: Amenities for Less Well-off Over Time, Ahmedabad Amenities for the less well off. Municipal Maternity Homes No of Beds in these Maternity Homes Medical Dispensaries and Clinics Teachers in Municipal Schools No. of schools 1981 22 594 35 5,578 496 2006 7 92 20 4,785 539

In Western Ahmedabad, a near complete ban has been placed on roadside vendors and hawkers, supposedly towards meeting the goal of improving traffic conditions and air quality. Ironically, the goal improving traffic conditions can never be improved without grossly improving public transport and putting in place policies to discourage and even penalize use of private vehicles.

07

3.0 THE DEPOSITIONS

Sabarmati Nagarik Adhikar Manch(SNAM) has filed a PIL in Gujarat High Court for rehabilitation of dwellers affected under Sabarmati Riverfront development Project.
The depositions were in two parts; Part I where the individuals victimized by the displacements narrated their experiences and Part II where the specially invited individuals made presentations on possibilities of taking care of the poor in the city development projects. The content of each individual deposition in Part I has been presented below.

3.1

DEPOSITIONS OF AFFECTED PEOPLE

The real issue post the favourable High Court order was the location of the new housing, which was far outside the city.

Deposition-1: Mohammadbhai Pathan, representative of the residents of Khanpur Kharivadi, spoke about the problems faced by the people displaced due to Sabarmati Riverfront Development (SRFD) Project. He said that he could feel the pain of the displaced people as he himself was among one of them as well as being a riot affected person too. On being displaced and victimised in the 2002 communal violence in the city, he decided to take up the cause of rights of displaced individuals. He was instrumental in forming Sabarmati Nagarik Adhikar Manch (SNAM) to fight for the rights of 30,000 to be affected households due to the Sabarmati Riverfront Development Project, on both sides of the river. The SNAM then filed a writ petition in the High Court of Gujarat with the help of Advocate Girish Patel. The Gujarat High Court has handed down an interim judgment that all the affected should not be displaced unless they are rehabilitated properly. Their collective fight has ensured that they would each be given a house comprising of 2 rooms and a kitchen being built under the BSUP component of the JNNURM. The SNAMs current activity is to prepare a list of affected households and submit the same to the Gujarat High Court so that no household is excluded from rehabilitation. Till the date of the public hearing, 746 households had been given an alternative housing unit under the rehabilitation scheme. There is however no officially stated blueprint of the rehabilitation scheme and that the SRFDC (which is a company set up by the AMC), was responding to the High Court pressure on the rehabilitation front. He extolled the gathering at the Public Hearing to press for their rights of rehabilitation and also mentioned that without collective action, this could not have been possible. The real issue post the favourable High Court order was the location of the new housing, which was far outside the city. The other issue he mentioned was that there were households located on the lands outside the Control Line of the project, but were riverbank slums, and who would not technically qualify as PAPs of the SRFD project. These households would not be eligible for rehabilitation. For example, if an approach road is to be constructed to reach the riverfront, the households

There were households located on the lands outside the Control Line of the project, but were riverbank slums, and who would not technically qualify as PAPs of the SRFD project. These households would not be eligible for rehabilitation.

08

isplaced wou not be P uld PAPs of the SRDF. The Gujarat Hig gh to be di Court ca is solely about the SRFD project Hence other projects a ase t. are legally d disqualified f rehabilita for ation. The thir issue is tha many hou rd at useholds do n have any proof of the not y eir residenc on the r cy riverbank sin 1976. T nce The AMC, as mentioned earlier, h stated th Identity (ID) Cards is has hat ssued in 1976 are the leg gal validity documents for a househ hold to benefit from the rehabilitatio on. There ha been sev ave veral transac ctions in term of selling and resellin ms g ng of the ho ouseholds af 1976 and there are ho fter d ouseholds th would hav hat ve purchase a house o the riverb ed on bank after 19 (in last 33 years!) an 976 3 nd hence do not have t ID proof of 1976. Some househ the f holds have lo ost their ID proofs in n natural disast ters such as floods and also political a lly motivate violence such as o 2002. A these ho ed of All ouseholds a are disqualif fied as PAPs and the issu was how to get them also in the list s ue of PAPs s.

jari tage Gurj Bazaar is a herit of Ah d hmedabad city.

o s als Two lakh plus individua come to buy go e oods from this mark every Sunday. ket S
Deposition-2: Nafis sbhai, the Pr resident of G Gujari Bazaa Associatio ar on, said that this market has existed since 1414 a was set up by the then t t and king Ah hmed Shah. Gujari Baz zaar Associa ation is com mprised of th he vendors in this mark This is a called S ket. also Sunday mark At presen ket. nt, the asso ociation com mprises 1200 members and all util 0 lized the ar rea designat as a mar ted rket place. O these, 400 are women vendors. A Of 0 n An addition 800 vend nal dors vend ou utside the de esignated ma arket but the eir activities are linked to the mark Thus, th ket. here is an ex xtended Guja ari Market. Further, thi whole act is tivity spread over all th way to L ds he Lal Darwaja the main public bus dep of the cit on one sid and upto th a, pot ty de he AMCs main office on the ot e ther. Individ duals from all social an a nd economi strata com to the m ic me market. Indiv viduals from neighbourin m ng districts also come to purchas from this market. Two lakh pl se s T lus individu come to buy goods from this m uals market every Sunday. Even during a the natura and manma disasters in the city, the market h all al ade s t has not closed for even a single Sun nday. The Gu ujari Bazaar association is r very org ganised and takes Rs. 3 per day as m membership fee. In retur rn, the asso ociation arran nges for the security of the area (thr rough hiring 5 g guards), issues them membership cards, and has provid them wi m ded ith water ta aps. The AM has been collecting t MC n taxes from the associatio t on since 19 975. Howeve the forme has not ren er, er newed the le ease agreeme ent though t latter con the ntinues to pay the taxes ti date. Nafi y ill isbhai said th hat he has n now heard th the SRFD project w come up and that they hat will

The Gurjari Bazaar v association is very anized; it collects orga mem mbership fe and ees prov vides servic in the a ces area.

09

would be displaced and hence they are getting worried about their w d y g a fu uture. There has been no formal info o ormation give to them nor has any en n fo ormal intima ation been given to them He said t g m. that the area could be a developed an the proje could go ahead bu they shou not be d nd ect ut uld displaced. Th vendors want to be integrated into the sco of the d he ope project itself a be includ in the de p and ded ecision makin processes ng s.

rjari ar que Gurj Bazaa is a uniq exam of pe mple eace and harm mony in th city. he

Deposition-3: Vikasbhai, a vendor at Gujari o Sunday market (in D or m Gujarati calle Raviwari) reiterated th this mark was a 500 years old G ed hat ket 0 tr radition of A Ahmedabad. This market is situated a the centre of the city T at an is easily approachable from both the central r nd railway station and the in nter-city bus stand, calle the State Transport (S bus-stan He also ed ST) nd. sa that this was quite a unique exam aid mple of peac and harm ce mony in the ci as the ven ity ndors and bu uyers here ca from all the commun ame nities in the ci Muslims and Hindu and amon the Hindu from the Scheduled ity; s us ng us Castes (SCs) and the Oth Backward Castes (OB C her d BCs). He also said that th here were mo than 1,00 vendors in the market Inspite of this market ore 00 n t. t being a histor tradition and a license place, the AMC did no send the ric a ed ot sa anitation wor rkers to the site. Hence n s now, the mark is facing a problem rket of insanitary c conditions. However, the key issue h was concerned about H e he was w that man people would lose th livelihoo in case the market ny heir ods t was w displaced Therefore, he said tha it was nec d. at cessary to develop the d market here it m tself rather th displacin it. han ng When asked t question as to what hi business w and how old it was, W the is was Vikasbhai answered that he sold old books at G V d Gujari Bazaa and had ar be in this s een same busines for the las 25 years. He went on to further ss st n st tate that his forefathers were also in the same b w n business for the last 65 t ye ears, also in Gujari Baza . aar Since the mar rket operates only on Su s undays, He w asked what he did was w or f f He fo the rest of the days of the week. H said that he collected old books

10

e rs ys nd from the houses or itinerant waste collector for six day a week an then sold them at thi market on the Sunday. To the question of whe d is n ere he store the book after coll ed ks lection, he replied that he used h t his brothers shop to do so.He said that he did n possess any other sk o not a kill to work in some oth business in case this market was displaced an her nd that if h was forced to do busin he d ness from hi brothers shop, that w is was not goin to be feasi and susta ng ible ainable. In other words, his deposition showed that he and his family wou r s t uld

not be a able to surviv if this ma ve arket was evi icted from th place it w he was at curren ntly. Deposition-4: Tulsi iben, an aff fected woma who was a resident of an, s peer slum a Kankaria but displaced on ac at a, ccount of th he Macchip Kankaria Lake Dev velopment ( (KLD) Proje is currently living in ect rea, s phery of the c city. In the year 2006, they y Vatva ar which is on the perip were thr rown out of their house and their houses wer demolishe f es re ed. Half of the residents were rehab s bilitated but t other hal are yet to b the lf be tated. rehabilit Deposition-5: Dain neybhai Kes shavlal, is s sort of a le eader of tho ose rehabilit tated at Gan neshnagar sit near Pipl near the Pirana was te, laj, e ste treatmen plant. Peo nt ople displaced from vario sites in Ahmedabad o d ous A on account of various developmen projects, including the JNNUR nt t RM projects have been dumped in Ganeshnag n gar. We can nnot call th his resettlem ment, as they were asked to go there o an undeve y on eloped site. H He said: I was living a Kankaria fo 30 years. We were liv at for ving a peacef ful and stre ess-free life together as one family. We were displaced aft d ter declarati of Ahme ion edabad as a mega-city a dumped in the remo and ote area of Ganeshnaga Piplaj w ar, which is situated at the out -skirts of Ahmeda abad. There are no basic facilities su as wate gutter, lig c uch er, ght etc. The is no disp ere pensary and no school fo children. In the absen or I nce of these facilities pe e eople living in Ganeshn nagar, it seem have been ms, dumped there do die We cannot earn our liv e. t ving like we did before an nd ting to the ci for work h ity have increased. We cann not our costs of commut he transportation and if we continue to live there, w n we afford th costs of t will die earlier than w would ha otherwise we ave e. Deposition-6: Urmi ilaben, was f formerly a re esident of Sh hankar Bhuvan slum on the riverba at Shahp She said that they had received a n ank pur. d h d

were displa aced after We w decla aration of Ahmedaba f ad as a mega-city and dump ped he a in th remote area of Ganeshnagar, Piplaj which tuated at th out -ski he irts is sit of Ah hmedabad d

11

house from S h Sabarmati Na agarik Adhik Manch. S also stated that the kar She NGOs, activi N ists and othe were cre ers eating obstacles in the process of allotment of houses and that only Sabarmati Na agarik Adhik Manch kar helped them i providing houses. h in The T jury ask her some questions to clarify th statement she had ked e he ts made. She w unable to answer an hence Mohmmadbha the first m was nd ai, deponent, wa called to help her in r d as h replying to the queries of the jury o member. The first clarific m cation that M Mohammadbh gave was that it was hai th AMC an not the SNAM that was providi an altern he nd S ing nate house constructed u under the BSUP of the JNNURM. Mohmmad B e dbhai then st tated that par of the area in the project came und the proje line and rt as der ect were provide or were to be provide with a ho w ed o ed ouse. He fur rther stated th the reside of Khod hat ents diarnagar, wh were dum ho mped at Gane eshnagar in Piplaj, were facing problems b P e p because of the local politics. l Mohmmadbh did not el M hai laborate on t this point. H then adde that 177 He ed houses were demolished in the night and shifted to Ganeshn h t d nagar with overnight urg gency. They were allotted land plots b not housing. d but Deposition-7: Zohraben Chippa, was a resid D n dent of San ntoshnagar Beherampura They were served noti a year e B a. e ice earlier and at that time t th were tol that they would be giv an altern hey ld w ven nate house. About 250 A houses were d h demolished then. Howev after dem t ver, molition, they were told y th they requ hat uired a ID pro of 1976 t be entitled for a house She said: oof to d e. W had a pr We roof but we lost it during the riots of 2002. What should we g do now? Whe are the po in this vib ere oor brant Gujara at? Deposition-8: Mukeshbhai Ramsw D waroop Dab bgar, is a Dabgar by D ca aste. He sai I am living in Da id: l abgarvas, un nder Jhagad Bridge, dia Maninagar. W are living in this plac for the las 60 years. From 1997 M We g ce st F ti now, the corporation has demolished our ho ill ouses 10 tim but we mes have not left the place. At present als our house stands dem A so e molished by th corporatio But we have reconstr he on. h ructed a temp porary hut in the same n place and are currently liv ving in it. Ev very time the demolition takes place t we w lose utens sils, clothes and other h household ite ems. We ha the ID ave pr roof of 1976 In 1998 we came in co 6. e ontact with D Daxinbhai fro Chhara om Nagar and the filed a cas in the Guja High Co N en se arat ourt.

e ion The corporati has dem molished ho ouses at Dab bgarvas 10 times but the 0 dwe ellers have not left the plac At prese also th ce. ent he hou stands d use demolished by d the corporatio But the on. ey ucted a have reconstru porary hut in the sam t me temp plac ce

12

But we lost the case. Now we have filed a case in the Supreme Court and at present the court has handed a stay order on the demolition. Even then the demolitions continue. Currently, 112 houses remain demolished. Of these, only 13 households have been allotted a house and another 22 with the 1976 ID proof exist, however, they have not been given a house. We are demanding that the allotment should be made to all and so we are fighting. Dakxinbhai Chhara joined Mukeshbhai for further clarification on the matter of demolition of houses in the Dabgarvas. He said that they were fighting for the housing rights of residents of the Dabgarvas since the last 5 years and have given more than 65 applications to the corporation. They have not received any answers to any of their applications. They also went on a hunger strike once, but it proved to be of no avail. At one time, they were relocated to Odhav on an open plot, but, they could not stay there as the local residents of the area considered them as criminals and pelted stones at them. In fact, the Dabgars come under the list of Denotified Tribes (DNTs) who were declared as criminals by the British and this tag of criminality remains attached to them even in Independent India. There are 192 such DNTs in India out of which 12 are in Gujarat. These are nomadic tribes. The AMC has allotted 20 houses to the residents of Dabgarvas, but done so on fake names. For example, Ramswaroop Banswaroop Dabgar has been named as Ramswaroop Banswaroop Banwari, and this takes away their DNT status. Thus, this population is also fighting to prove and keep their identity. A DNT is entitled to reservation benefits given to the Scheduled Tribes (STs). Deposition-9: Magabhai Bhati- He was a resident of Gulbai Tekra where 484 houses were demolished by the corporation. They were living in the same place from the past 150 years and had the proof of it. According to him, they were living on privately owned land and they had purchased it from a private owner, but the AMC came staking claim to this land and then they were evicted. The AMC promised them compensation, but that did not happen. When they filed an application under the Right to Information (RTI) regarding the status of their demolition upon knowing that their houses were to be demolished, they received an answer that the process was on. However, even before they realized it, their houses were demolished. They were first sent to Odhav with the promise of a house comprising two rooms and a kitchen, but they did not get anything there. Then, because they protested, they were relocated to Vasna, but in a one room measuring 10 feet by 10 feet and a kitchen and a toilet and bath inside, in a 4-storied housing. They have shifted there with their birds and animals.

Dabgars come under the list of Denotified Tribes (DNTs) who were declared as criminals by the British and this tag of criminality remains attached to them even in Independent India. There are 192 such DNTs in India out of which 12 are in Gujarat. These are nomadic tribes. The AMC has allotted 20 houses to the residents of Dabgarvas, but done so on fake names.

13

Slum dwellers are not informed clearly about the purpose of their eviction.

Deposition-10: Kamalaben, a very vocal person living in Ganeshnagar said: They were living in Danilimda 20 years back. From there they were relocated to Khodiyarnagar on Sabarmati riverfront, behind Tagore Hall. From Khodiyarnagar they were again relocated at Ganeshnagar, Piplaj. There they are living a miserable life as there are no facilities like water, gutter, street lights, dispensaries, schools etc. Since the area is remote, they have to pay extra money to go to their work place and hence their travel costs have increased. Besides this, to compound their difficulties, bootleggers are also operating in the area and hence the place is not secure, particularly for young girls. Thus, they always live in fear and cannot leave their adolescent girls alone at home. The area is near a waste dumping site and therefore they are living amidst unbearable stench and are susceptible to different kinds of diseases. Kamalabhen was asked a few clarifications and questioned by the jury. She was asked about the grounds on which they were displaced. She answered that they were not informed clearly about the purpose of their eviction and so she did not know why they were displaced. She further said that, at the time of displacement, they were given a coupon as a proof of their claim of Rs. 10,000 towards displacement compensation. But, till now, they have not got this amount. Moreover, they were shifted in the night and moved to Ganeshnagar in the middle of the night. They were promised that they would get an alternative pucca (permanent/ durable) house and they would have to bear to live in such temporary shelter for 6-7 months. As of now, none of the promises made by the AMC have been fulfilled. On being asked to specifically mention their current difficulties, she said that there was no water, no toilet facilities, no gutter lines, no street lights, no dispensaries nearby and no schools nearby for their children. Hence, their children had dropped out of school.

A resident of Chandola Talav stated that there were 300 houses in their area out of which 200 were concrete houses and 100 were kaccha (non-durable) houses. All the 300 were demolished without any prior notice.

Deposition-11: Kalubhai, a resident of Chandola Talav stated that there were 300 houses in their area out of which 200 were concrete houses and 100 were kaccha (non-durable) houses. All the 300 were demolished. In spite of this, they continue to live there. They were not served any notice before the demolition. They were living in houses constructed by an NGO after the 2002 communal violence and these too were demolished. Thus, they have suffered two times, first on account of communal violence and now on account of demolition.

14

was thy them after th suffering in commun heir g nal There w state apat towards t violence and a priva charity h e ate helped them out, but, tha land too h at has been ta aken away b the AM in the n by MC name of Chandola Lak ke redevelo opment! The jury sought clarification from him as to wheth e t her the dem molitions her were on account of them being Banglades re f g shi migrants living in th area. To th Kalubhai said that the had a ratio s he his, i ey on card and election car as proofs of their Indi citizensh d rds s ian hip. Deposition-12: Champaben F Fatabhai, is 45 years old and is a s vendor. She spoke very forcefu ully, indicati that the displacemen ing nts used a great harm to her business an her life. She said: I a r nd am have cau living in Patannagar behind Kh n r, hodiyarnagar, Nikol Gam Ahmedaba , m, ad. Earlier, we used to s vegetable near circle at Khodiya sell es e arnagar (in ea ast abad). But d to road widening w were dis due we splaced to th he Ahmeda highway on BRTS r y route. We, m and 600 m me members of my communi m ity who are vendors, have faced con nstant harassm from th police sin ment he nce faced harassm ment from th residents of he the last 15 years. We have also f lity we n the local where w have been vending because we have been called encroach hers. Every t time they evi us we hav to pay a huge amount as ict ve h bribe to the police to free our ass from the magistrate. As if this w o sets e was ugh, now BR has enda RTS angered our l livelihoods. Where will w W we not enou go? How will we ea w arn? We are not against developmen but our on nt nly

idening str reet Due to road wi dors at Kho odiyarnaga ar vend were displaced to the e d high hway on BR route due RTS to wh hich again their n liveli ihoods are endanger e red.

Stree vendors request fo et or prov vision of al lternative spac in order to earn their ce liveli ihoods.

request i that we sh is hould be provided with a alternative space so th an e hat we could earn our li ivelihood. Only when the governmen will provide e nt us the op ption, we wil get the justice as citize ll ens.

15

Deposition-13: Revaben Narsinghbh Vaghela is also a str vendor D hai a reet working at H w Hatkeshwar circle. She s c said: There a 600 vend are dors doing business from the circle. In 2006, the disease Ch b m I hikungunia had spread h in the area in monsoon. The residents of the nearb areas had requested n T s by d th Corporation to clean the area to pr he t revent furthe spread of th disease. er he We W cooperate with the Corporation a relocated ourselves for 5 days. ed C and f After 5 days when we went back to our origin place we were not A w o nal e allowed to do the business and the p o police van w called to pressurize was us. u We have t talked to all the officials, corporators (councillors and even t s) to the Standin Committe of the Mu o ng ee unicipal Corp poration and requested d th hem to resto our busin ore ness. But nob body listened to us and the natural d t market was t m totally disrup pted. Then w called up SEWA Un we p nion. Their re epresentative came to help us and also talked to the corp es h d poration to allow us to c continue our business fr r rom the sam place. But now, the me ustomers do not come to us as th have fe choices and lesser o hey ew cu bargaining op pportunities as the natur market h been disr ral has rupted and th vendors a scattered around. Li he are d ivelihood of all the ven f ndors were affected due t this since we do not h to have any other option we are doing e th business but the ea he arning is red duced and t the natural market is disturbed. Wh is our id d hat dentity? Whe are we? We need on a space ere nly fo 2 topali (b or broad mouth cane or b hed bamboo bask requiring a space of ket sa 2 sq ft). ay

e ere rs The place whe vendor cong gregate to sell their war is called a natura res d al mar rket

Revabhen h R has indicate a very interesting phenomen ed g non. This phenomenon was subseq quently elab borated on b the SEW Union by WA re epresentative Shalini Tr e, rivedi. The p place where vendors con ngregate to se their war is called a natural market. Th ell res d here are cert tain places where deman for goods emerges, suc as near a school, busw nd ch -stand, etc.

First, one seller comes and then man more com and then the place ny me n radually dev velops as a na atural market It takes abo 10 years or so for a t. out gr

16

market to mature. Just as upper income groups go to a mall, so that they can buy everything from one place, a natural market also offers this option for those who buy from the vendors. When any development comes, such as an overbridge construction, etc., the markets break up and they lose business. One may tend to think that even if the market breaks up and the vendors go and occupy another space, their work would continue uninterrupted. Yet, that does not happen. In a survey of Hatkeshwar, SEWA Union saw that 350 vendors there were dispersed on account of over-bridge construction. Their daily income reduced from Rs. 70-150 to Rs. 20-40 per day. For those selling green spices, the income reduced even further to even Rs. 10 per day. It is therefore necessary that the formation of natural market remains intact and that the city planners respect that. Deposition-14: Paluben Vasrambhai Parmar, also a vendor, spoke very forcefully and received a lot of applause from the women in the audience. She is a resident of Beherampura and is a vendor at Jamalpur market. They are in this business from the past 40 years. This is one of the wholesale markets for vegetables in Ahmedabad. She said: We are doing our business from the footpath. But now, due to the construction of flyover, our business has been affected adversely. We are under the dual pressure; on the one hand, police harass us as encroachers and we forfeited our hand cart (lari) and vegetables and on the other hand, we have to earn to make both ends meet for our family. To get our assets back we have to pay a big amount to the police. Here too, we have been doubly affected adversely; on one hand we are unable to do business in the time when our assets have been confiscated and on the other, we have to pay large amount to police and Municipal Corporation to get these back. There are approximately 1000 vendors in this market. When we argued for allotment of that space under the bridge to us, we were told that the space is meant for parking. Is it justice that there is space for parking but no space is allotted for the livelihood of 1000 vendors? To settle the dispute, space was allotted to 250 vendors, but then we refused as there was no provision for the rest of the 750 vendors. Deposition-15: Shantaben, a vendor, came up but said that she did not want to speak as all the issues she wanted to speak about were covered by Palubhen. Deposition-16: Hansaben, is a resident of Santoshnagar. She said: Our house was demolished without informing us. At present we are earning Rs. 100 per day. We cannot rent a house in this amount and therefore we are living in the same demolished house. We dont know what our future will look like. At the time of demolition when we objected they used abusive language and misbehaved with us. We are not treated as human beings. From where would we get the proof of 1976? What if we do not have this proof?

When any development comes, such as an overbridge construction, etc., the markets break up and the vendors lose business.

17

Deposition-17: Lataben, is a vendor at Bhadra a has been doing this D , and business from the past 20 years. She said: We h m 0 have heard and read in a th news pa he aper that un nder the new developm w ment plan we will be w displaced. Bu we have no been infor d ut ot rmed where w will be re we elocated. If th be true w his what about our livelihood? What w will eat? She was we re eferring to a proposed plan for redev velopment o Bhadra Ar put up of rea, as a project under the JN s NNURM. This project h been ac has ccepted for fu unding by th Ministry of Urban Development of the Gove he ernment of In ndia. As of n now, there is no mention or discussio of what is to happen on s with w the vend in this ar their num dors rea, mbers could b in thousan be nds.

18

3.2 ISSUES EMERGING FROM THE INDIVIDUAL DEPOSITIONS AND TESTIMONIES

The issues with regards to shelter emerging from the depositions made by the affected people and the testimonies attached as annexures with this report are: 1. The AMC had not given adequate information to those who were to be displaced. They were not given information on when the demolition would take place, why demolition was taking place and how it was to take place. Many were even not fully informed about whether they were to be rehabilitated if at they were to be. 2. The attitude of the AMC was that of taking the poor people as illiterate or uncivil and having no rights and self respect. They were taken for granted, believing that they would be obliged to the AMC for being allowed to stay in the city. 3. People were surviving on their own, without much help coming from the local or state government and the demolitions was even denying them this option. 4. The AMCs approach to the problems of those facing demolitions was to first be reluctant in giving out information, discourage queries from the people, make it as difficult as possible for those seeking information to even ask for information and then finally divulge information if an RTI was filed. 5. There has been a great hurry to evict because the projects have to be completed in time. Hence, in many instances demolitions took place earlier than anticipated by the dwellers. 6. In some instances when the eviction notice was served, there were promises for rehabilitation to be broken later on 7. There have been instances of giving of verbal notices given. E.g. Saurashtra Shramjivi Nagar and Tulsi nagar, Nava Wada 8. Wherever notices have been served, people had asked for rehabilitation before being evicted. 9. Gujarat High Court has granted interim order of staying eviction when there isnt any actual rehabilitation in place in case of those to be evicted under the Sabarmati Riverfront project. People of Khodiarnagar and Bhagirath Chhapra residents in Naranpura area who were evicted for TP Scheme road had made a plea that they should not be evicted without any concrete rehabilitation option.

19

There is an issue of how the question of rehabilitation is to be addressed in case of joint families.

10. In many instances, all those to be rehabilitated have not been listed. There is a dispute about number of people to be rehabilitated. Ms Renu Desai, who made this presentation in the second half illustrated this very well. Hence, a section of people have dropped out of the list of rehabilitees. 11. There is an issue of how the question of rehabilitation is to be addressed in case of joint families. Here, the concrete issue is of definition of a household/ family. In some instances, some family units of a joint household have secured the rehabilitation and others have been excluded. 12. There is an issue of people being shifted to temporary settlements (Ganeshnagar in Piplaj and Ganeshnagar in Vadaj) inspite of being promised alternative housing. They have been dumped there stating that they have been allotted a plot there and told that they will need to rebuild their house at their own expense. This situation constitutes a serious issue since they already had made investments in their earlier house for which they have not been awarded compensation. 13. Those dumped in Ganeshnagar have been living there for more than two years in a very tenuous situation. Some are under the impression that they would be rehabilitated elsewhere, whereas some understand that they have been permanently allotted the plot here. There is great confusion and no clear information from the concerned authority, which is the AMC. 14. Some have been given rehabilitation housing which is in dilapidated conditions, e.g. the residents of Khodiarnagar and Bhagirath Chhapra in Naranpura area who were evicted for TP Scheme road. 15. In many instances, the residents had to go for a PIL seeking rehabilitation. Khodiarnagar and Bhagirath Chhapra residents in Naranpura, Saurashtra Shramjivi Nagar and Tulsi nagar in Nava Wadaj, Vastrapur Sarkari Vasahat, etc. There are several cases of this occurrence happening. 16. Also, people have sought relief from the High Court on the plea of getting permanent allotment and not temporary allotment.

In many instances, the residents had to go for a PIL seeking rehabilitation.

1976 residential proof, or the ID Card given at the time of 1976 census of slums by the AMC, is being used as an eligibility document for rehabilitation

17. The rehabilitation has been provided only when there have been High Court interventions. Thus, rehabilitation has not been as a matter of entitlement of the residents affected. In converse, if the evicted slum dwellers had not organised to seek their right to shelter, they would not have received anything. 18. 1976 residential proof, or the ID Card given at the time of 1976 census of slums by the AMC, is being used as an eligibility document for rehabilitation. Those who may have lost it lose this option.

20

19. In 1976, the AMC limits were only 92 sq km whereas at the time of the public hearing, the AMC limits were 450 sq km, almost five times more. Therefore, those slum dwellers living on the lands which were not part of the AMC in 1976 would not qualify for rehabilitation! 20. Those residents who went to the AMC to get their ID proofs got a reply that the AMC registers holding the lists of people given the ID Cards were washed away. People have lost their 1976 ID proofs in inundation caused due to heavy rains and frequent communal violence in the city. 21. Further, the poor who have migrated to the city in last 33 years do not have a right to the city of Ahmedabad! 22. The SC/ ST reservation criteria have not been applied in case of rehabilitation. 23. When notices for eviction and relocation were served, the time limit given to the residents were too short. It is practically not possible to shift in such a short period of time. 24. People have complained of being threatened verbally by the municipal authorities of dire consequences. 25. There are instances of people being dumped on empty plots, e.g. in Piplag and Sabarmati. Those from Lakhudi talavadi, were shifted to Sabarmati and were dumped on empty plots. 35 households of Lakhudi had made this complaint that when they reached the site allotted for rehabilitation, the local residents threw stones at them and threatened them with further violence. Scared for their lives and with no support from either the AMC or the police, they returned back to Lakhudi to squat building temporary shelters. 26. Muslim slum dwellers have faced multiple displacements in the last one decade, first after the 2002 communal violence and then for the infrastructure development. Post 2002-violence, many were rehabilitated by the charity organisations and it was these houses that were demolished, bringing them back on the road again. 27. Those who have been given rehabilitation have been allotted BSUP housing of the JNNURM. 28. In addition, there is a striking paradox. The slums on lands belonging to a public authority, the AMC in this case, have come under eviction threat and have been evicted, whereas, the slums on private lands have not been affected by demolitions. Contrary to the reality in Ahmedabad, one would expect that a public authority such as the local government will be more aware of the housing

In 1976, the AMC limits were only 92 sq km whereas at the time of the public hearing, the AMC limits were 450 sq km. those slum dwellers living on the lands which were not part of the AMC in 1976 would not qualify for rehabilitation!

Those who have been given rehabilitation have been allotted BSUP housing of the JNNURM.

The slums on lands belonging to a public authority, the AMC in this case, have come under eviction threat and have been evicted, whereas, the slums on private lands have not been affected by demolitions
21

problem of the urban poor and therefore be more accommodative of their needs. The reality is the opposite. The local government is more ruthless than the private land owners. The real question is, for what purposes the local government works for if not for the welfare of the poorest of all the urban citizens? 29. In all, the welfare of the slum dwellers and the street vendors has not reflected in the AMCs priorities. One therefore wonders how Ahmedabad would now qualify as an inclusive city. One can surmise that the AMC has not bothered about the rehabilitation of those affected by various development projects in the city unless there has been an intervention by the Gujarat High Court. But, the Court has given orders on the case by case basis and the AMC has not taken any initiative or state even intention to form a comprehensive rehabilitation policy. The AMC has also used BSUP housing for rehabilitating project affected people despite the fact that the BSUP housing funds were meant for creating low-income housing stock in the city. The issues that emerge from the depositions and testimonies of the vendors are: 1. The development projects in the city have disturbed the natural markets for the vendors. The vendors have therefore dispersed in surrounding areas and their incomes have declined. 2. Many vendors have been doing their business in a particular place for over two decades and this is the first time that they have faced such a serious problem. 3. Harassment from the police and bribing police and municipal corporation employees are a regular feature of their life. Also, confiscation of their goods and their incurring expenditures to get these released has been experienced from time to time. But, the new development projects under the JNNURM have led to permanent displacements and that is a first time experience for the street vendors of the city. 4. The planning officials of the city are not willing to have discussions with them as to how space for them could be included in the TP Schemes. Town Planning Scheme is a local level area planning mechanism in which the lands are pooled together and then readjusted in such a way that every owner gets back a resized plot for use and the public planning authority takes away about 50 per cent to 60 per cent of land for public amenities and commercial exploitation of land. 5. Not finding any possibility of a dialogue with the AMC, SEWA Union has gone to the Gujarat High Court filing a PIL and has got a favourable judgement from the latter. The Gujarat High Court has directed the AMC to submit a scheme for rehabilitation of the affected

The AMC has also used BSUP housing for rehabilitating project affected people despite the fact that the BSUP housing funds were meant for creating low-income housing stock in the city.

22

vendors and also for the vendors in general in tandem with the National Street Vendors Policy. At the time of this Public Hearing, the AMC had not produced this scheme in the Court.

4.0 RECOMMENDATIONS FOR AN INCLUSIVE CITY

Dr. Bimal Patel, the design consultant of the Sabarmati Riverfront Project and Kankaria Lake, spoke about problems with regards to land legislation that create informalities and illegalities. The organizers of the Public Hearing had requested him to speak on the rehabilitation components of the two specific projects to which he made a plea that since he was a consultant to the AMC he could not speak on these issues without the permission of the Municipal Commissioner. He also said that he was only a professional given the tasks of architecture and engineering design of the project. He therefore had only given his professional opinion on these matters and had no information on the social issues. He then proceeded to elaborate on the complexities that emerge as a consequence of web of land legislation and argued that these need to be streamlined or done away with for the task of ensuring access to legal lands for the urban poor. The result he foresaw was that the slums would not be formed and the question of displacements too would not arise. The second presentation was by Dr. Renu Desai, who has conducted in-detail studies of the rehabilitation process of the SRFD project. She illustrated how peoples movement and the High Court pressure had led to the AMC accepting the responsibility of rehabilitation. But, she also showed that there were conflicting numbers with regards to the PAPs qualifying for rehabilitation. Rajendra Joshi of Saath showed that the city of Ahmedabad had tried a very successful, partnership-based slum redevelopment programme. That was called the Slum Networking Programme (SNP), which had a partnership of the community, the AMC, and in a few instances the private sector and a mediating role of an NGO. He then went on to illustrate the benefits of this programme to the residents of Pravinnagar-Guptanagar, a slum settlement of 1200 households where there has been an improvement in living conditions, literacy and health status and incomes on account of the SNP. He also said that about 60 slums in the city have been covered by the SNP. These examples illustrated that if the slum dwellers were facilitated by the AMC through such a programme and a tenure security, they will be in a position to invest and improve their life conditions themselves.

Complexities that emerge as a consequence of web of land legislation need to be streamlined or done away with for the task of ensuring access to legal lands for the urban poor.

23

Bijal Bhatt of the SEWA Mahila Housing Trust (MHT) showed that the AMC had a number of schemes for the slum dwellers and that they have been successful in using these schemes to improve the lives of the slum dwellers.

The AMC has a total of 1,692 hectares of lands reserved for public purpose in the old AMC limits of 198 sq km. Of these, 135.85 hectares over 172 plots is reserved.

Rutul Joshi, a town planner and a faculty member of the Faculty of Planning and Public Policy, at the CEPT University, illustrated that the real question for housing the urban poor was that of land. He then said that the AMC has lands with itself to house the urban poor. These lands have been made available under the system of land management in Gujarat called the Town Planning schemes wherein the lands are pooled together and then subdivided in an orderly manner to be able to lay infrastructure. When a plot of land comes to the development authority for approval for development, the development authority takes away 50 to 60 per cent of the original plot for public purposes. It then uses the land acquired thus for public purposes. One of the public purposes is Economically Weaker Section (EWS) housing. The AMC has a total of 1,692 hectares of lands reserved for public purpose in the old AMC limits of 198 sq km. Of these, 135.85 hectares over 172 plots is reserved for EWS housing, what it calls Socially and Economically Weaker Section (SEWS) housing. If these were to be used by the AMC then, 27,000 to 30,000 households could be rehabilitated on these lands, which would be about 20 per cent or so of the existing slum households in the city. The question then was why was the AMC not interested in doing so? What were the alternate uses of the public lands reserved for EWS housing? Lastly, Shalini Trivedi of SEWA Union illustrated to the gathering what a natural market was. This has been discussed in section 3. Then she showed the map of natural markets in Ahmedabad and also pointed out the areas from where the vendors were displaced. The summary of the displacement of the vendors is given in Annexure 6. It shows that about 15 per cent of the vendors who are SEWA Union members have been displaced and their business have been fully or partially affected. Annexure 7 shows the sites where these displacements have occurred. She said that an estimated 1-2 per cent of the population in Ahmedabad is estimated to be street vendors. In all, there are about 1 lakh street vendors in the city of which 60,000 have been organized by SEWA union. A large majority of them are women. Street vendors are not covered by any law or any policy. There are two laws dating back to the British era applicable to them; one is Bombay Municipality Act and the other is the Bombay Police Act. In both the acts, street vendors have been viewed as encroachers. The street vendors are continuously harassed by the police and the municipal authorities. This is because there is no policy or appropriate scheme for the street vendors. She then provided information about the PIL in the Gujarat High Court and stated that the AMC was supposed to have framed a scheme according to the High Court order but has not been able to do so. The AMC handed over

If these were to be used by the AMC then, 20 per cent or so of the existing slum households in the city could be rehabilitated on these lands.

24

paration of th scheme to a reputed i his o institute of the city, which t the prep has also not been abl to submit a scheme. le

Shalini Trivedi then illustrated a scheme th have pre n hey epared for th he Manekchowk area. See Annexu 8 for this illustration. She depicted ure s uation of M Manekchowk area befor the sche re eme and then the situ presente their prop ed posal for stre eamlining the activities there in such a e t h way tha vehicular traffic was p at possible and that there was also ar d rea available for the act e tivities of the street vend dors. The wi of the loc ill cal governm ment,(in this case, the AMC), wa very cru s e as ucial in first tly framing and then la ater implem menting such a scheme. And this w was as what wa lacking.

5.0 JU URYS O OBSERV VATIONS S, REFL LECTION AND VERDIC NS CT

5.1 FIELD VI ISIT OBSE ERVATIO ONS

As a prelude to the Publi o ic Hear ring on the 19th of e Dece ember 200 a field v 09, visit was arranged for the f mbers of the jury on mem Sund the 13 December day, 3th 2009 to take a primary 91 persp pective of some of th s he sites of eviction or ns minent displ lacement imm

As a pre elude to the Public Hear ring on the 19th of Dece ember 2009, a , field visit was arrang for the m ged members of th jury on Su he unday, the 13th 3 3 ber ary ive Decemb 2009 to take a prima perspecti of some of the sites of evictions or immine displacem ent ment and int teract with th communi he ity rs. the jury m members are distinguish e hed by the eir member While t contribu ution to issue of social empowerme and quite familiar wi es ent e ith the loca sites, throu this field visit they sought to es al ugh d stablish a firs sthand an contemporary persp nd pective on t the precise ground lev vel processe that made the public hearing neces es ssary at this time. t

cipants include Mr. Kirtee ed ebhai Partic Shah, Ms. Ilaben Pa athak, Prof ya, R Chhay Prof CN Ray, Justice Rame Mehta, Pro Biswaroop Das, esh of. Mr. B Binoy Acharya and Prof Jeem a mol Unni.

25

The duration of the field visit was about 6 hours, and started with a meeting at the office of the Gujari Market Association the Sunday Market (at the Eastern side of Ellis Bridge). The jury members interacted with the office bearers of the association including Nafis Ahmed, President of the association as well as members present there. A number of documents were shown to the jury members by Mr Nafis Ahmed such as ID cards of traders, register of trades and employment chains that facilitate the operation of the market, in addition to tax receipts, court orders requiring shifting to a site on the citys periphery, and layouts and plans prepared by students from NID previously. The jury members spent an hour and half conversing with the market traders and association office bearers regarding the importance of the market, its heritage, the governance of its operations and their concerns about eviction in light of the Sabarmati Riverfront development project. The jury members observed that the Gujari Market is very old and managed by its own committee. It has great locational advantage of being close to one of the important terminus of Ahmedabad Municipal Transport Services (AMTS) terminus at Lal Darwaja and also close to intercity State Transport terminal and the main Railway station. This is important because large many people from places nearby Ahmedabad visited this market. For the poor, this market offers all commodities at low prices as they can also get recycled commodities. The market has expanded over time and it now requires more space than it has to cater to the growing demand. The market spills over on to the main roads, but, since it is on a Sunday, this does not create major traffic problem. The market is a good example of secular character of Indian society. The 2nd site visited by the jury members was on the Sabarmati river bank at Khodiyar Nagar, on the eastern edge of the Vasna-Pirana bridge, where 177 families had been evicted 4 years ago in 2005, and had not till date been either adequately rehabilitated or compensated. These families were relocated to an open low-lying wasteland parcel under electricity emission towers on the periphery of Ahmedabad at Piplag and in proximity to the Pirana waste dump. The conditions at this site are described later. Khodiyar Nagar is a slum on the Sabarmati riverbank, whose residents were technically evicted for building a bridge. However, the embankment walls and widening of access roads proposed under the Sabarmati Riverfront project would have necessitated their removal in due course. The bridge project only facilitated their earlier eviction, without recourse to rehabilitation, to which they would otherwise have been entitled under the Sabarmati Riverfront Development Proposal for which they had been surveyed in the year 2000. The evictions at Khodiyarnagar were a violation of the Gujarat High Court's Stay Order on any evictions from the river bank settlements, passed in mid 2005. The jury members observed the eviction site and interacted with residents of existing settlements that remained behind. They noticed that

26

the bridge and its pillars were at considerable distance from the site of eviction, and that the settlements on the western side of the bridge in similar proximity from the bridge had not been evicted, and these households continued to live under the bridge pillars. They also found that all the residents worked in close proximity as vendors, and waged labour and service providers. The relocation of these residents to a far site from this location would result in a loss of proximity to existing livelihoods and civic amenities. The last site for the field visit was the relocation site of the Khodiyar Nagar Evictees, on the periphery of the city. This relocation site was an open, low lying wasteland, marked by the presence of electricity transmission towers, a municipal solid waste dump in close proximity and bordered a solid-waste treatment plant of the Ahmedabad Municipal Corporation. Residents narrated to the jury members that they were brought here with their salvaged belongings from the demolition at Khodiyar Nagar, and provided chalk marked parcels of land that measured 10 ft by 15 ft. There were already several shanties in their hundreds that existed here, sheltering people evicted from several different development projects. They were all provided a municipal document marking out their parcel, as a temporary relocation site. No more information had been provided to them on paper such as the length of time they would need to stay here, whether compensation would be provided, or whether they were permitted to build shelter. Verbally, municipal officials who came to collect municipal taxes from these residents assured them of moving them out into concrete houses in 6 months. After several months had elapsed other assurances were made of providing water regularly, health services and schools, sanitation and even electricity. It was only after 3-4 years that some of these amenities were provided to a level that they themselves described as bare minimum, and the members of the jury were shown evidence of these experiences guided by the residents. The jury members noted that this rehabilitation site looked like a new slum. The living conditions were abysmal. Basic facilities like water supply and sanitation were not adequate and were common. At the time of the visit most of the public water taps were not working. In absence of adequate toilet facility, the whole settlement was stinking. Jury found it difficult to even stand there for few minutes. In the absence of internal roads, it was quite difficult to move within the settlement. The current residents told the jury members that they had to travel more than 5 kms every day for work and those working as daily wage workers found it difficult to get any job nearby. This settlement is connected by only one bus route and buses are available at the gap of 40-50 minutes. It is forcing the residents to travel by auto rickshaws, which has resulted in extra expenditures on transport as well as time delays to work. Children do not have a school nearby and the main highway to Vadodara is a safety risk for the children. The only service functional was the electricity connections, which have been given to

27

each house. The field visit ended after the jury members had spent over one hour at the Piplag relocation site, and took notes of their observation and conversations for the Public Hearing.

5.2 OBSERVATIONS

The first ever urban public hearing of Ahmedabad City went very well with large participation of the affected persons.

Jury observed that the degree of vulnerability of those dumped on Piplag site can hardly be put in words. People live on this site in 10 by 15 rooms without water, individual toilet and electricity. Such living reduces human beings to the life of animals. Worst happens when the common water spouts do not function, when common latrines are choked up and garbage is not lifted. The living becomes a misery when there are no primary facilities of living. Is this what one terms as development?

5.3 REFLECTIONS
The first ever urban public hearing of Ahmedabad City went very well with large participation of the affected persons. The people participating were agitated and had raised their hope of getting justice at last. The jury could see that the processes of displacement and evictions lacked transparency, lacked information, lacked peoples participation and above all lacked the consent of the people to be affected. The poor, the slum residents and the street vendors were being treated as non-citizens. All those present at the public hearing and all those whom they were representing in a way were putting their case for urban citizenship. They all wanted to be recognized as urban citizens and wanted to be included in the urban development projects. They wanted to participate in, as well as benefit from, various urban development projects. They all said that all that was going on under the rubric of development in the recent years was in fact their devastation and not development. They were also saying that development is not technical alone and that it should be sensitive to social realities. Lastly, there was a strong feeling among the people that a city or a state cannot be considered grand if that grandeur was being built on the agonies and miseries of the poor people. The presentations by the deponents and their testimonies also show a close link between livelihood places and habitat and also habitat as livelihood places. Displacement from one adversely affects the other. This scenario indicates the need to keep these real needs of the urban poor in mind while planning urban development projects. The depositions and testimonies also showed that, at present, there is a lack of information, and transparent processes of public consultation and participation, this is particularly true for the high-profile projects in Ahmedabad such as the Sabarmati Riverfront Development Project. Not only has a consistent proposal not been made available to the public, the evidence presented at the hearing indicates that ad-hoc processes and

The jury could see that the processes of displacement and evictions lacked transparency, lacked information, lacked peoples participation and above all lacked the consent of the people to be affected.

28

decisions have been followed that have been inconsistent with the little information that has been made publicly available. No attempt has been made to engage with the affected communities in this project, which has till date incurred an expenditure of hundreds of crores. The depositions and testimonies and presentation by an expert also showed that the city was more concerned with physical planning and not about improvement in the lives of the poor residents of the city. It also showed the remarkable lack of consciousness among the physical planners on the social implications of their projects. How can a nuclear scientist be unaware of the fact that there are severe adverse social implications if his/her science is put to use of bombing people! Development in the city is undertaken as a set of disparate projects not as a cohesive set of plans, and strategies towards particular social goals. The evidence presented also shows that development projects have resulted in the deprivation of the larger community, and proved to be an obstacle for them towards affordable housing or commercial activity carried out by the poor. There is clearly a lack of acknowledgement of the informal commercial activity of the poor in the development vision of the city. Not only does this vast livelihood activity of the poor get ignored, but it also doesnt find accommodation in the future plans of the city, and no alternatives are planned or envisioned. In developmental planning there is no platform for participation. Local politicians are absent from these situations. The urban poor have to rely on their own community solidarity. However, this happens without political support and sometimes in opposition to the local politics that has disengaged itself from the issues of the urban poor. The depositions and testimonies also brought to fore that the modern city or a global city was being built on negligence of her own heritage; a case in point is the possible destruction of a heritage bazaar on the riverbank, established in the 15th century and thriving till today in a modern context serving the poor and low-income households not just of the city but also of the hinterland. There was a fear that the living heritage of areas surrounding Bhadra Fort would be disturbed to be replaced by artificially constructed history in the name of heritage conservation. Bhadra Fort area also has large number of vendors and that like Kankaria Lake Development, they too could be displaced and replaced by licensed kiosk vendors. This is a real cause for concern because the Bhadra Fort Redevelopment has been approved under the JNNURM. In fact, around the Bhadra Fort there are important religious places and informal activities spring around such places. In a sense, if redevelopment of this area would displace these activities and discourage people from visiting these sites, it might mean discouraging peoples right to worship in these religious places.

The depositions and testimonies and presentation by an expert also showed that the city was more concerned with physical planning and not about improvement in the lives of the poor residents of the city.

In developmental planning there is no platform for participation. Local politicians are absent from these situations. The urban poor have to rely on their own community solidarity.

The depositions and testimonies also brought to fore that the modern city or a global city was being built on negligence of her own heritage; a case in point is the possible destruction of a heritage bazaar on the riverbank.

29

The T way Kan nkaria Lake has been dev veloped, it a appears that there is an attempt to kee the poor away from th heritage o the city. It is also an ep a his of t attempt to dep prive the poo from acce or essing enviro onmental reso ources and entertainment places. Sim t milarly, if th Bhadra Fo is to be developed he ort with the sam ideology as used for Kankaria Lake Development, it w me r might discour m rage the poo from visiting these reli or igious places Not only s. th around B hat, Bhadra Fort are markets v a vending chea goods suc as cheap ap ch dress materia cheap pl d als, lastic goods, cheap hou usehold ware etc. The e, lo ow-income h households of the city wo o ould be depr rived of acce to these ess ch heap goods by redevelop pment of Bh hadra Fort in the way the Kankaria n e Lake has been developed There is so L n d! ocial loss, there is cultura loss and al th is econo here omic loss for the city and her resident r d ts. The T depositio in the se ons econd half o the public hearing sh of c howed that th here were sm mall, local efforts possi e ible to inclu the urba poor in ude an ci itys development. In fact, Ahmeda f abad City h shown th way to has he in nclusive city developme through a practical and inclus y ent l sive urban planning system, Slum Ne etworking Pr rogramme, o other pro-poo schemes or fo the slums and city governments occasional partnership with the or s, g s l ps sl lum comm munities an nd the v vendors or rganizations through in nternationally known NG y GOs. However, of late, the AMC has given a h pass to such s successful an award win nd nning approa aches to disp placing and xclusive app proaches, all in the name of urban ren newal. ex Finally, the re question is why proje envisage in the nam of urban F eal ects ed me development are those tha would cau displacem at use ments. Is it possible to, p t ning, envisa age and pla projects that would begin by an at the beginn in nclusion of t poor, an not think about how to include them after the nd displacing th hem initially In other words, altho y? ough there should be Resettlement and Rehab R bilitation Po olicy, should it not be that the d e development in the first place do oes not cau use such la arge scale displacements In any cas there is a lack of a cle and unifo policy s? se, ear orm n ations displa acements is inevitable i and if necessary a in, on what situa Resettlement and Rehabilitation policy to address the same. R t

The real quest e tion is why y proj jects envisa aged in the e nam of urban developm me n ment are those that would cau use placements s. disp

30

Nonetheless, when, the poor have to be included after being excluded, the rent seeking by the local wheelers and dealers kicks in and there is politics around inclusions and exclusions. So, whose interests does the local authority such as AMC work for in the name of urban development and renewal? In general, urban development programmes, particularly in the post liberalization era, have been partisan and often disastrous for the poor. Their right to life and to livelihood has been eroded in various degrees. As a consequence, they have often been evicted out of their locations, dwellings and work-sites, thereby suffering the loss of social support systems, rendering them helpless and extremely vulnerable. It is absolutely essential to revisit and review such an approach to urban development and carefully consider the subject of people's displacement within cities from a Rights-based perspective. Continuous marginalization of the poor has led to a feeling of betrayal by the government and a loss of confidence in the members of the bureaucracy, in whom they have reposed the trust to provide public service. The depositions have demonstrated that people believe that city governance neglects and does not serve the needs of poor. In order for this view to change positively, city governance must restore confidence in the poor and gain their trust and confidence by acting truly in an inclusive manner, and providing rehabilitation of those displaced in a transparent and humane manner.

Habitat of the urban poor is intricately connected to their means of livelihood, and any policy or plan that effects changes in habitat will have a profound impact on their livelihoods.

5.4 VERDICT
The jurys verdict is: 1. Human settlements, commonly referred to as slums should be considered as habitat developed by the urban poor and for the urban poor, to support their livelihoods and living, and urban policy should work to improve the conditions of this habitat. Public policy and projects should be to support and facilitate these processes and not to disturb these processes. After all, these human efforts should not be allowed to go waste. 2. It should be understood that the habitat of the urban poor is intricately connected to their means of livelihood, and any policy or plan that effects changes in habitat will have a profound impact on their livelihoods. Therefore, a clear understanding of facilitating livelihood opportunities, community facilities, social amenities, should be articulated in a housing policy or plan for the urban poor, that is grounded in the context of the specific city, to reflect the reality of Ahmedabad for instance, where over 75 per cent of the population is engaged in informal work.

31

The habitation areas of the urban poor should be well connected with affordable and efficient public transport systems.

3. `The habitation areas of the urban poor should be well connected with affordable and efficient public transport systems so that the mobility and accessibility to opportunities improve for the urban poor. 4. Information on all the development projects must be put in public realm and adequately discussed and debated. In case the projects are to cause some displacements, the affected population should be informed and consulted before hand. 5. Projects like the shifting of the Gujari bazaar, a heritage activity of the city, should be re-examined by the AMC with the participation of the traders. The AMC should explore the possibilities of grafting and integrating the site in a manner that does not displace and break the links between several livelihood chains that come together in the making, transporting and sale of goods at the current market site. An abrupt capture of the site will dislodge the livelihood of nearly 20,000 households linked directly and indirectly with this market. This is more so because Gujari is a self managed bazaar, which has survived vagaries of time and the AMC should respect such institutions than destroy them. 6. Similarly, care should be taken while projects related to widening of roads and construction of flyovers are underway and ascertain that these do not displace the hawkers and vegetable vendors indiscriminately. 7. This reckless behaviour of the AMC is not an acceptable principle of governance in a democratic country and increasingly globally integrating city. 8. Differential notions of citizenship have been experienced by the poor through the governments policies and procedures. Urban development policy has to acknowledge and recognize that citizenship rights are granted to everyone in the country, and no bureaucratic procedures such as cut-off dates, should create a differential experience of citizenship in the poor accessing their livelihood rights. Administrative rules should stay clear of creating city-level or state level citizenships that militate against a universal national citizenship granted protection under the Indian constitution. 9. In order to protect the most vulnerable a minimum entitlement set should be guaranteed to all urban residents as a matter of state policy. 10. An understanding of urbanization being a dynamic process is required and that it encompasses people moving to cities both because of rural distress as well as infrastructure development in the city which draws people for work opportunities. This demand for construction and other allied work results in various kinds of needs like shelter, health

Projects like the shifting of the Gujari bazaar, a heritage activity of the city, should be re-examined by the AMC with the participation of the traders. An abrupt capture of the site will dislodge the livelihood of nearly 20,000 households linked directly and indirectly with this market

32

facilities, schools, food and other services. Without proper and adequate planning for the workers in terms of infrastructure, people are liable to become squatters without any sense of security. A policy of urban resettlement and rehabilitation should take into account the reasons why people move to and within cities and develop their own habitat, when the state fails to plan and provide adequately. 11. To do so, the city and the state of Gujarat must finalise a slum and housing policy, which is based on the notion of universal entitlements and citizenship. At the time of writing this report, there has been no slum development or housing policy in place. In fact, the Gujarat Urban Slum Policy has been in a draft stage for a very long time. Contrast the willingness of the state in finalizing the slum policy vis--vis a draft Township Policy prepared in 2006 converted into a final policy in 2009. But, subsequently, Regulations for the Rehabilitation and Redevelopment of the Slums, 2010, have come in place, which are centred more on exclusions than inclusions and a market-based supply of housing to the urban poor. The latter has not worked to cover all the urban poor of any city anywhere and one wonders what wisdom has driven the state government to frame such regulations. 12. Instead of thrusting the slum policy from the top, sitting in the urban development department in the state capital, this should be discussed openly and debated, seeking the opinion of the urban poor themselves. 13. The City belongs to all Urban Planning processes should recognize this is vital and should recognize that the elites, better off groups cannot be privileged over the poor. As a consequence, the priority of planning should be to protect the vulnerable livelihoods and habitat of the urban poor in the face of displacements due to different kinds of infrastructure projects. Regardless of the nature of the project, full protection should be accorded to the people who are affected. The affected should not be just defined as those who are counted as affected by government planners, but should be defined by instituting a public process around a project and its consequences. Such a process should respect peoples habitations, livelihoods and all that they find meaningful in their way of living, and should be valued in any discussion of development projects. 14. In fact, Gujarat State has been very open, welcoming people from all over the world. One wonders why her cities are not welcoming the poor.

The city and the state of Gujarat must finalize a slum and housing policy, which is based on the notion of universal entitlements and citizenship.

33

15. Ahmedabad is a vibrant growing city that should have meaningful urban development projects that are appropriate and well discussed in the public realm. 16. The 'mind-set' of people engaged in shaping and administering city development plans needs to become more sensitive to issues that affect the poor adversely. City administrators, planners and decisionmakers should focus on enhancing the capabilities of the poor in a progressive way, and ensure that they directly benefit from development projects, and that their development is not seen as a by-product or residual of such development projects undertaken. 17. All plans and schemes related to the development, beautification and 'sanitization' of cities, including all relevant information and data associated with their planning and execution must be kept in the 'public domain' with ensured accessibility. There must be very transparent participatory process with members of different groups, and the bureaucracy should be equally transparent and accountable when carrying out planning and execution of various projects. 18. Similarly, all policymaking, such as slum policy, housing policy, resettlement and rehabilitation policy, street vendors policy, etc. should be transparent and the bureaucracy and the planners must be open to discussions and accountable to the people to be affected by these policies. 19. A forum or working group should be created of concerned citizens, affected groups and the administrators which could discuss and review specific schemes and their modes of implementation under various governmental programmes, including that of the JNNURM. This working group should also be involved with policy making and implementation of the policies. 20. This forum/working group should monitor or appoint by transparent methods an expert committee composed of citizens and technical experts to monitor the impact of different developmental schemes on the poor. For this a method of social audit must be adopted, which can further feed into the modification or creation of policies and programmes, and for the mid-term reviews of those programmes. 21. Part of the revenue generated by cities being shaped as 'engines of growth' should be specifically used for creating, improving and sustaining basic and essential urban services for the poor. This is particularly significant because the wage differentials between lagging rural pockets and rising urban areas are invariably going to draw migrants from villages to the cities that are fast emerging as the most responsive to the global market.

A forum or working group should be created of concerned citizens, affected groups and the administrators which could discuss and review specific schemes and their modes of implementation under various governmental programmes, including that of the JNNURM.

34

22. City planning should respect the culture and heritage of the city. For instance, Gujari Bazaar is the citys living heritage and this aspect should be respected and revitalized. 23. There has to be a clear and uniform policy on identifying inevitable situations mandating displacements and a Resettlement and Rehabilitation policy. There are UN guidelines for principles and guidelines on development based evictions and displacement, which should be applied in case displacement is inevitable. 24. The city of Ahmedabad should institutionalise participatory processes. Under the JNNURM, enactment of Community Participation Law and Public Disclosure Law are mandatory and the state of Gujarat has enacted these laws. The city of Ahmedabad must create institutions for participation in a true sense.

The city of Ahmedabad should institutionalise participatory processes.

35

ANNEXURE 1: DETAILS OF EVICTED SLUMS, AHMEDABAD

Sr No Area Name Name of slum/chali Salatnagar Bhojabhaino bhatto kalubhainobhatto Near Vishala juggi Gulby Eviction in 2002 & 2003 2003 2003 2004 2004 No of families displaced 240 120 130 75 450 Resettleme nt No settlement No settlement No settlement No settlement Yes No of families resettled 0 0 0 0 450 Reason of eviction Riot affected area To construct BSUP Riot affected Riot affected Road Relocated over 3 year period in Sorainagar Some relocated in Odhav 6 7 8 9 Vashna Ranip Jamalpur Danilimada Mangal talawdi Bakaramandi Zulapisalli na chapra Mahakalina chapara-shahalem Hajibavanachapra Banashnagar Ashanagar Eaktanagar Thaltej takera Sarangpur mandina chapra Bakramandi 2005 2005 2005 2005 250 150 35 3000 No settlement No settlement No settlement Relocated at Piplag Yes Yes Yes Yes No settlement No settlement No settlement 0 0 0 100 Lake development Road widening Road widening Road widening Piplag Piplag Piplag Piplag Road widening Road widening Legal process on Note

1 2 3 4 5

Gomatipur Juhapura Juhapura Juhapura Navrangpura

Living in adjoining area 2 families still there

Legal process on

Legal process on

10 11 12 13 14 15 16

Danilimada Danilimada Danilimada Danilimada Door darshan chapra Sarangpur Vadaj

2005 2005 2005 2005 2005 2005 2006

300

Legal process on Legal process on Legal process on Legal process on

150 200 150

0 0 0

36

17 18 19 20 21

Khodiyarnagar Khodiyarnagar Vasna Vasna Maninagar

Khodiyarnagar Khodiyarnagar Chandranagarpart-1 Chandranagarpart-2 Zagadiya chapara

2006 2008 2005-06 2006 2006

177 200 55 56 120

Yes Yes Yes No settlement No settlement No settlement No settlement No settlement Still there

177 200 55 0 0

SRFD SRFD Pirana bridge BRTS College building constriction Road widening Road /bridge No reason

First only 15 rehabilitated in Piplag At Sorainagar, Vasna. Legal Process on

Legal process on. Case to High Court and Supreme Court

22 23 24

Bapunagar Bapunagar Bapunagar

Rakhiyal lalmill Sonini challi Telephone exchange na chapra Akbarnagar

2006 2006 2006

135 63 130

0 0 0

25

Bapunagar

2006

350

26

Vadaj

Old /new Amc bus stand to Bhavshar hostel Rabari Vasahat

2007

7000

Some

700

Maleksaban stadium redevelopmen t Road widening Road widening -

Legal process on. People have returned back after demolition

In 8 slums. Only those with 1976 proof resettled Resettled behind RTO campus

27

Vadaj

2006/07

350

Yes

350

28

Bapunagar

Jamananagar, Akhbarnagar, Chuvadnagar Machipir & Sindhi Camp

2006-07

6000

No

Eviction halted through Action Aid action. But, 550 already demolished. Legal process on Legal process on. Three ongoing Court cases. 294 resettled under the BSUP of the JNNURM; 235 in Trikamnagar Patiya

29

Maninagar

2006

6000

Yes

294

Piplag Ganeshnagar

30 31

Bapunagar Rajpur-Hirpur

Stadiym challi slums Mill chapra

2007 2007

44 132

No settlement No

0 0

Road Market

37

32

Asharwa

33 34 35 38 39 40 41 42 43 44 45 46

Narol Narol Gomatipur Gomatipur Gomatipur Bapunagar Chamanpura Ashtodiya Kalupur Raipur Chandola Chandola

Behind Asharwa police chokichapra Narol-Mattangalli Jagdish faktarina chapra Chokshinichalli Mill na chapra Cilver cottan mill na chapra Ambavadini challi chamanpurachapr a Dhorbajar Kalupur slum Raipur slum Kanchni majjid Chandola siyashatnagar Railway crossing slum

2007

64

settlement No settlement No settlement No settlement No settlement No settlement Yes No settlement No settlement Yes Yes Yes No No

Road

2007-2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2009 court case 2009

550 250 32 27 55 110 245 200 70 110 300

0 0 0

New Road develop New Road develop bridge Privet land

Total 800 houses

Road/bridge No reasons Bridge

200 70 0 0 Road widening Court order to build houses

47 Total

Vatva

39 27814

No

0 2899

*Source: Data Compiled by Action Aid, Ahmedabad.

38

ANNEXURE 2: DETAILS OF SLUMS THREATENED EVICTION

Sr No 1 Area Name Vatva Name of slum/chali Vandervat Eviction in No of families threatened to be Displaced 1200 Resettlement Reason of eviction Lake development Note

Under threat since 2007

Gomatipur

Vakab commity ni challi-Hathithai Purwa kasayni challi

2008

650

Court

Riot affected resettled in Vatwa. Reevicted due to lake development. Threat of eviction since 2007. Action Aid obtained Supreme Court stay for all 350,000 slum households of Ahmedabad in 2009 Matter in Court

3 Total

Gomatipur

2008

65 1915

Court

Road/bridge

Matter in Court

39

ANNEXURE 3: RIVERFRONT SLUMS DISPLACED (AS ON THE DATE OF THE PUBLIC HEARING)
Sr No Area Name SRDA area name No of Families Evicted Resettled families Relocation at

1 2 3 4 5 6 7 8 10 11 Total

Paldi Paldi Vadaj Dudheshwar Dudheshwar Khanpur Ellisbridge Jamalpur Paldi Raikhad

behind NID Rangnath na chapra behind college Kashmira dudhnath Crematoriyam Crematoriyam Khanpur Bank site Behind flower market Manibenna chapra Bank site

28 250 90 60 150 28 48 35 44 13 746

8 8 8 0 0 0 0 0 0 0 24

Balloonnagar Balloonnagar NA -

Notes:
1. SRDA's recent estimates suggest that 450 households have been rehabilitated at Trikamnagar patiya and Balloonnagar-Vadaj (These figures are upto the date of Public Hearing, subsequent to which other households have been provided rehabilitation). 2. Sabarmati Nagarik Adhikar Manch's survey estimate of total riverfront households = 45,000 3. Samvad's 1999-00 survey of riverbank slums = 35,000 4. There are different estimates in different surveys 5. Total households to be rehabilitated, as per the planning firm = 14,000

40

ANNEXURE 4: SUMMARY OF SHELTER DISPLACEMENTS

# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Shelter Displacements Total Slum Households in Ahmedabad (AMC Survey) Total Chawl Households in Ahmedabad (AMC Survey) Total Slum Pockets in Ahmedabad (AMC Survey) Total Chawl Pockets in Ahmedabad (AMC Survey) Total Households already displaced (excluding SRFD) Total Houseolds under threat of eviction (exlcuding SRFD) Total Slum Households under Road Cutting (AMC Survey) Total Chawl Households under Road Cutting (AMC Survey) % Households displaced (excluding SRFD) % Houseolds under threat of eviction (exlcuding SRFD) Sabarmati Riverfront Development (SRFD) displacement - Estimate 1 Sabarmati Riverfront Development (SRFD) displacement - Estimate 2 of Samwad Sabarmati Riverfront Development (SRFD) displacement - Estimate 3, of Nagarik Manch % Households displaced and to be displaced (including SRFD displacement, estimate 1) % Households displaced and to be displaced (including SRFD displacement, estimate 2) % Households displaced and to be displaced (including SRFD displacement, estimate 3) No. 176,754 149,022 710 958 27,814 1,915 58,240 26,358 8.5 9.1 14,000 33,000 45,000 13.4 19.3 22.9

41

ANNEXURE 5: SLUMS OF AHMEDABAD: DISPLACED AND PRONE TO THREAT OF EVICTION

42

ANNEXURE 6: DATA OF VENDORS DISPLACEMENTS

S. No 1 2 3 4 5 6 7 8 Name of the Natural Market Hazira market Manekchowk market Manekchowk market-2 Pankorenaka market Premabhai to khamasa chowk Premabhai-towards Dhargarwad Danapith Bhadra Market Men Vendors 20 9 12 29 0 64 350 245 Women Vendors 54 16 48 390 67 631 224 452 Total Vendors 74 25 60 419 67 695 574 697 No. of customers per day 35795 3134 19417 38520 21755 35975 500 31000 Displacement

Partly displaced & business affected + likely to see large displacement due to proposed development

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Jilla Parishad to Siddhisaiyed ni Jali Teen Darwaja Ghee Kanta market Shorrabjee market Revdi bazar Lala Kaka vegetable market Old clothes market Dariyapur Darwaja Dariyapur Phooti masjid Shahpur Darwaja By-center,Shahpur Jawahar chowk Phool Bazar Calico Mill Jamalpur Shantiniketan Market Ambawadi Market Shreyas Crossing Market Neherunagar market Kenyug Appartment Market Anand market Jodhpur Market Vejalpur Market Ekta Nagar Market Jaltarang Market Indira Nagar Market Vasana Gam Market Shreyasnath Society

40 15 42 58 2 50 50 16 24 64 38 21 100 164 974 40 7 15 5 4 50 7 20 10 5 270 60 18

359 2985 50 113 80 100 100 15 11 79 87 44 118 120 82 100 25 16 20 4 200 63 250 72 10 530 243 52

399 3000 92 171 82 150 150 31 35 143 125 65 218 284 1056 140 33 31 25 8 250 70 270 82 15 800 303 70

13478 23460 872 3000 900 1500 3000 955 665 800 2500 600 3000 1250 6500 745 2200 2000 500 200 3500 700 2500 325 450 3100 700 325 Fully evicted

Partly displaced & business affected

Partly displaced & business affected

Fully evicted

43

37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86

Market Gupta Nagar Market Vastrapur crossing Market Subhash Chawk Market Judges Bunglow Market Manasi Flat market Thalthej Gam Law Garden Ghewar Complex Sardar patel Palliyat Nagar Bhimji pura Nava Vadaj Shastrinagar Chitrakoot Rupali market Parasnagar Market Chanakyapuri Gulab Tower Gujarat Housing Board Janta Nagar Pavapuri Ghatlodiya Sattadhar Market Vagheshwari Chandlodiya Market Ambica Market Nirnay Nagar market Khodiyar Nagar market Keshav Nagar Sardar patel Chawk Devjipura Police Commissioner Ramnagar market D cabin ONGC market Dhobi Ghat Dudheshwar Mehndi Kua Asarwa Badiya Limdi Girdharnagar Vitthal Nagar Chamanpura Kalapi Nagar Umiya Nagar Meghani Nagar Bhidbhanjan Mansha Ni Mazjid Sharda Hospital Haribhai Hospital

20 19 40 0 60 27 80 32 9 7 2 110 122 84 70 43 104 2 93 93 31 90 53 109 217 26 24 63 24 137 10 22 98 32 7 6 35 33 205 21 10 50 202 15 64 167 51 67 118 31

10 56 89 20 210 43 170 38 6 53 34 140 178 116 35 87 151 18 198 198 89 80 72 121 283 88 36 118 36 398 50 23 233 85 17 15 39 15 45 9 22 75 57 20 32 108 57 94 32 4

30 75 129 20 270 70 250 70 15 60 36 250 300 200 105 130 255 20 291 291 120 170 125 230 500 114 60 181 60 535 60 45 331 117 24 21 74 48 250 30 32 125 259 35 96 275 108 161 150 35

75 800 2347 500 2500 2628 1500 2208 253 1366 700 2500 7587 2263 2386 1843 6833 400 3479 1985 1842 3869 1893 4567 9746 340 1500 650 1320 6123 1000 1625 15360 3545 1090 700 3237 300 1825 515 905 1520 6533 575 1288 5035 1200 950 1000 1000 Fully evicted

Partly displaced & business affected

Partly displaced & business affected

Partly displaced & business affected

44

87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132

Ashok Mill Hirawadi Bhargav Sardar Nagar Uttam Nagar Saijpur Rajendra Park Virat Nagar Thakkar Nagar Naroda Police station CTM Bharvi Tower CTM Siddheshwari Mata Temple Umang Flats Harshad Nagar Rajpur Vegetable Market Rajpur Mill Market Garb Nagar Soni ni Chali Rakhiyal Nagari Mill Gomatipur Satyam Nagar market Maheshwari Market Odhav tekra Market Azad Chawk Khokra Circle Hatkeshwar Police Line Vadhiyari Nagar Jashoda Chaukdi Maninagar Old market Manyasha Jawahar chowk Dakshini Raipur ST Sarangpur Police Chawki Sarangper Chakla New Cotton Mill Market Raipur Mill Market haripura Vegetable Market Kankaria Shreyans Majoor Gam Parikshit Nagar Mangal Vikas Rasoolabad Danilimda Gam Kua Khadavali Shahalam ShahAlam Toll Naka

40 47 13 17 92 36 88 130 28 95 15 15 34 85 23 27 2 35 14 80 27 55 0 46 10 100 40 10 27 30 211 20 10 5 113 76 27 80 11 242 263 40 45 100 54 45

20 69 102 56 161 100 100 250 63 159 145 135 60 136 5 10 16 30 26 70 265 214 250 156 30 400 64 33 72 71 89 14 140 81 210 136 10 120 59 158 37 10 20 100 150 35

60 116 115 73 253 136 188 380 91 254 160 150 94 221 28 37 18 65 40 150 292 269 250 202 40 500 104 43 99 101 300 34 150 86 323 212 37 200 70 400 300 50 65 200 204 80

2174 550 750 1000 900 7000 650 2550 850 800 800 650 550 300 630 600 300 1000 585 1050 3000 1000 4782 5628 900 1500 700 700 8000 2500 4000 2500 5000 5810 14427 2433 600 700 15380 2500 2500 700 2500 700 2200 480 Partly displaced & business affected

Partly displaced & business affected Fully evicted

Partly displaced & business affected

Partly displaced & business affected

45

133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163

Smruti Mandir Ghodasar Ishanpur Chawkdi Gebansha Market Narol Chowkdi Narol Gam Shahwadi Vivekanand Nagar Market Vatva Beherampura Amraiwadi Bhattha Bhulabhai Park Ranip Ghodasar Patninagar Holi Chakla Tirupati Mohan Cinema Daphnala Hansol Harivilas Krishnagar Indira Bridge Ratnagar Ankur Haribhai Davakhana Onnagar Patninagar Nagorivaas Gujari Bazar Madhupura Total Total Affected from among those surveyed Akhbarnagar* Subhashbrigde Chowk* Kharicut Canal* Chandranagar* Juna Wadaj*

70 300 70 5 15 14 32 175

200 300 46 44 30 16 83 150

270 600 116 49 45 30 115 325

2500 8000 600 500 150 400 454 400

9217 1872

17519 2049

26737 3922

518860 62617

164 165 166 167 168

NA NA NA NA NA

NA NA NA NA NA

NA NA NA NA NA

NA NA NA NA NA 12.07

Partly displaced & business affected Partly displaced & business affected Partly displaced & business affected Partly displaced & business affected Partly displaced & business affected

20.31 11.70 14.67 % Affected from among those surveyed *Source: SEWA Union survey and report from their field volunteers. ** These were not covered in the survey but had reported displacements.

46

ANNEXURE 7: INFORMAL MARKETS OF AHMEDABAD: DISPOSED, EVICTED AND PRONE TO THREAT

47

ANNEXURE 8: SCHEME FOR STREET VENDORS, MANEKCHOWK

The current situation

The proposed plan

48

CONCERNED CITIZENS OF OUR INCLUSIVE AHMEDABAD

S.No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Name Abhinava Shukla Achyut Yagnik Aditi Desai Akhil Paul Alice Morris Alka Palrecha Anand Yagnik Anil Kumar Roy Ankur Sarin Anubhen (Ganesh Nagar) Arpita Joshi Ashfaq Mohammad Babubhai (Ganesh Nagar) Beena (Action Aid) Bhushanbhai Oza Daineybahi (Ganesh Nagar) Daxin Bajrangi Chhara Devuben Parmar Dilip Chandulal DN Rath Fr Cedric Prakash Gajanandbhai (Ganesh Nagar) Gauri Bharat Gautam Thakar Gazala Paul Ghanshyambhai Shah Hanif Lakdawala Hemant Shah Indirabhen Hirway Indu Kumar Jani (Journalist, Activist) Jayanti Patel Jignesh Mewani Kabir Thakore Kalpana Gagdekar Kamlabhen (Ganesh nagar) Kantibhai (Ganesh nagar) Lalit Parmar S.No . 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Name Madhavi Desai Madhuben Parmar MaghaBhai (Gulbai tekra) Mahesh Pandya Manishi Jani Miki Desai Neha Shah (Social Science Teacher) Pankti Jog Paul D'Souza S.J. Persis Ginwalla Prakash Shah R. Parthasarthy Raheel Dhattiwala Rajendra Joshi Rajni Dave RameshBbhai (Ganesh nagar) Rashidabhen Ramsingarbhai (Ganesh nagar) Roxy Gagdekar Renu Desai Rutul Joshi Sadhna Pandya Sanjay Bhave Sanjay Dave Saumya Joshi Savitabhen Patni Sheeba George(Social Activist) Shrawan Kumar Acharya Sudarshanbhai Iyengar Sudhir Katiyal Sunil Parekh Varsha Ganguly Vinay Mahajan Vivek Khadpekar Vivek Rawal Yakubkhan Pathan

49

SCHEDULE
December 13, 2009: A field visit to Piplag Rehabilitation Site, Pirana; and Gujari, Sabarmati Riverfront; from 8.30am to 12.30 noon Schedule on December 19, 2009
Time 10.00 am 10.15 am to 12.30 Part I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 12.30 to 1.30 pm 1.30 to 3.30 pm Part II 1 2 3 4 5 6 7 8 9 10 11 12 13 3.30 to 4.30 pm 4.30 to 5.00 pm S. No. Presenters Introduction to the Public Hearing Depositions by the Affected People (5-7 min. Each) Mohammadbhai/ Sharifbhai Sabarmati Dwellers Federation Affected woman, Sabarmati Riverfront Riverfront Slum

Nafisbhai - Gujari Market President A Vendor from Gujarai Market Daineybahi Keshavlal(From Kankaria, Machchhipir, Ganesh nagar) Gajanandbhai Dani Limda Representative Kamlabhen Displaced but rehabilitated on Piplaj open relocation site Ramjibhai Dani Limda Displaced due to road widening Zohra Chhipa Displaced in Maninagar Ram Sarup Dabgar Displaced person rehabilitated at Vadaj relocation site Maghabhai (Gulbai tekra) Champaben, Vegetable Vendor Displaced due to BRTS, Maninagar Revabhan, Vegetable Vendor from Hatkeshwar Palubhen, Jamalpur Vendor Lunch Break Official Proposals and Options - Presentations by Planners, Officials, Civil Society Representatives and Academics Dr. Bimal Patel - Planner Consultant Dr. Renu Desai Slum Rehabilitation in the Sabarmati Project Rajendrabhai Joshi - Housing Alternatives Ms. Bijal Bhatt Housing Alternatives, SNP Shalini Trivedi - Options for Vendors MalaBhai (Gulbhai tekra) Jitendra Dube, Bhagirath na Chhapra, Naranpura Laheribhen Regularized Vendor from Law Garden Captain Dilip Mahajan, MD Sabarmati Riverfront Development Corporation Ltd Municipal Commissioner, AMC AUDA CEO, Smt. Mamta Verma Lands for Urban Poor in Ahmedabad Mr. Rutul Joshi Inclusive Urban Policy Dr. Ghanshyambhai Shah Preliminary Report by the Jury Press Conference

50