Fishermen Challenge Slum Declaration to Protect Livelihood in Mumbai

Two fishermen welfare societies from Mumbai have filed a petition with the High Court to contest a ruling from the Slum Rehabilitation Authority (SRA) that designated a vital fish-drying land as a slum. This decision threatens the livelihoods of local fishers who have relied on this land for generations.

The petitioners, the Danda Koli Masemari Vyavasayik Sahakari Sanstha Maryadit and the Danda Koli Samaj, argue that the SRA’s May 2022 order undermines their community rights and jeopardizes essential cultural and economic activities. The Khar Danda Kolis, whose primary income stems from fishing and related activities, have long utilized this land for fish-drying, net-mending, and storing fishing equipment.

In 1983, the state government acknowledged the necessity of such activities through an official circular. Later, in 2008, the Brihanmumbai Municipal Corporation (BMC) designated the land for the local fishing community. A boundary demarcation exercise in 2018 further confirmed that the area had been under the community’s possession for generations. Yet, a subsequent map released that same year did not include the fish-drying sites, raising concerns among local fishers.

The situation escalated when the fishers discovered that the SRA’s classification of their land as a slum contradicted the provisions of the Slum Act. They maintain that no proper demarcation took place, which led to encroachments that have threatened their established rights.

The petition highlights that the SRA’s actions have facilitated a developer’s encroachment on land that the community legally occupies. The petition states, “It has permitted the developer to encroach upon the land which was lawfully in the possession of the petitioners.” Furthermore, the developers’ proposal was accepted without appropriate documentation verification, violating established protocols.

The petitioners assert that including the reserved land in a slum rehabilitation scheme sanctioned under the Development Plan (DP) of 2018, and reaffirmed in 2022, disregards their longstanding rights. They emphasize the SRA failed to follow necessary legal procedures outlined in the Maharashtra Regional and Town Planning (MRTP) Act and the Development Control and Promotion Regulations (DCPR) 2034.

The regulations stipulate that any development on reserved land requires permission from the BMC. However, the SRA proceeded without obtaining this necessary approval. The community alleges that the developer submitted a proposal to the SRA in August 2021 without conducting a joint survey or formally demarcating the area.

Bhimsen Pandurang Khopte, a fisherman from Khar Danda, expressed concern about the potential loss of their livelihood. “We need to save our land, as it is our only source of income,” he stated. “If this structure comes up in Koliwada, it will set a wrong precedent for all the fishing villages from Bandra to Gorai.”

Khopte pointed out that over 1,300 families depend on this land for their livelihoods. “My family runs a fish shop in Bandra, which is our only income,” he added. “If we lose the land, we will lose our business. Where will we dry our fish? How will we survive?”

SRA officials have responded by stating that the land in question is not reserved. They clarified that the rehabilitation project does not include the fish-drying ground. An SRA official mentioned, “We had a meeting with the community recently to address their concerns, and it was concluded that the land is an open area, not reserved for them.”

The official asserted that the project involves some huts on the site but does not encroach on designated fish-drying areas. “We have no plans of disturbing any fish-drying activity. Let the court decide the fate of the project now,” the official concluded.

As the legal battle unfolds, the future of this essential fishing community hangs in the balance, spotlighting ongoing tensions between urban development and the rights of local residents.