Towering illegalities in Mumbai: As demolition threat looms, locals say why punish only us?

Structures rising two -three levels in narrow gaps between older buildings at New Collector Compound, Malwani. Pics/Sameer Markande

Days after the building collapse in Malwani that killed 12, including children, in the New Collector Compound, top authorities passed the buck on taking action. The local MLA said that the city needs a good housing policy, while the opposition accused him of turning a blind eye to the construction. Meanwhile, during a visit to the area, mid-day found a number of structures rising up to 40 ft, when the permissible limit for shanties is 14 ft.

A structure towers above the rest in Malwani

After the Bombay High Court recently remarked that stakeholders neglected their responsibilities in the matter, the Collector and civic officials joined hands to conduct a survey of illegal constructions in Malwani.

Collector Milind Borikar said, "The survey is being conducted in the New as well as Old Collector compounds in Malwani. BMC will erase the illegal structures at the earliest. The height of shanties must be 14 ft across Mumbai. We had a meeting with the ward officer and the deputy municipal commissioner. Civic officials are conducting the survey in Malwani to identify the illegal structures," he said.

BJP's Hyder Azam said MLA Aslam Shaikh is turning a blind eye to illegal structures

"It is the responsibility of BMC to take action against illegal construction, as it is the planning authority for Mumbai except for some portion of MMRDA and SRA," Borikar said.

However, Deputy Municipal Commissioner (DMC) Bharat Marathe told mid-day that the Collector is responsible for illegal constructions in the Collector Compound in Malwani. "The Collector is the landlord of New as well as Old Collector compounds in Malwani. So, it was the responsibility of the Collector to take care of any illegal construction," Marathe said.

Lanes in Malwani are congested and often encroached on by residents, making rescue efforts difficult during emergencies

"After the collapse, we are appointing a chief of Structural Auditors to conduct the survey and submit a report. We will not touch G+1 structures, but all other structures above G+1 will be given notice under the BMC Act to seek their documents. If they fail to produce documents, we will demolish their unauthorised structures," Marathe said.

Most of the structures in New and Old Collector compounds, Ambujwadi, Azmi Nagar in Malwani are unauthorised. A few are up to 40-ft high.

BJP questions local MLA

BJP leader Hyder Azam said, "There are a lot of illegal structures in Malwani. If you have to build one, the contractor will ask you to cough up additional money to secure your permissions for the same. Additionally, you need to bribe civic officials."

"Why has the local MLA [Aslam Shaikh] turned a blind eye even though unauthorised constructions are thriving in his constituency? This needs to be investigated. If a contractor is engaged in illegal construction, using inferior quality materials, why don't you book the contractor under the MRTP Act when a building collapses and kills poor people? Who protects these contractors?" Azam said.

Ground-plus-two structures seen in Malwani. The civic body has said that it would not be touching ground-plus-one structures

MLA Shaikh said, "It is the responsibility of concerned departments to look into it. The issue of illegal structures is not limited to just Malwani. It is found in Goregaon, Borivli, Dahisar, Magathane, everywhere. When a family grows, they make unauthorised additions. The city needs a good housing policy," he said.

Residents explain the history

After learning that their illegal structures will be demolished, a Malwani resident said, "Why will our structures be demolished? We have bribed everyone to make it. Why should only we suffer? The concerned authority must also take action against those who were bribed before we made these structures."

Decades ago, the land owned by the Collector was given to people to reside in 10x15 sq ft areas. They were asked to build structures no higher than 14 ft. But as family members increased, additions were made. Malwani's lanes are encroached on by residents, some of whom have constructed ladders to reach higher floors. During disasters, it is difficult for rescuers, ambulances or fire engines to reach the site. An old resident of the slum said, "When people were given the Collector land, the area was quite spacious. There was a large playground around the shanties which were G+1. The occupants did not have enough money to construct illegal structures. But they illegally occupied the ground by making small rooms which were given on rent to karkhana owners to run small scale businesses like tailoring, imitation jewellery."

Shanties spread across Azmi Nagar in Rathodi, Malwani

"People preferred giving their illegal structures on rent to businessmen on heavy deposit as families would have given peanuts as rent. The amount collected as deposit was used to make illegal structures. This became a lucrative option as people were getting good returns," he added.

"Gradually, almost everyone residing in the Collector Compound made illegal constructions and encroached the land for personal benefit but none of these structures has beams/pillars for support," the resident said.

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"Initial years were peaceful as no building collapsed. But for the past few years, the base of the structures has corroded with time. Also, the construction material was compromised. This is why they don't survive the first spell of monsoon," he said.

"Many old structures got tilted but these have been supported by iron rails. This poses a threat," the resident added.

14 FT
Permissible height of shanties in Malwani