petition

PPEETTIITTIIOONN

TTOO TTHHEE HHOONNOOUURRAABBLLEE MMIINNIISSTTEERR OOFF SSTTAATTEE

FFOORR EENNVVIIRROONNMMEENNTT && FFOORREESSTTSS

SShhrrii NNaammoo NNaarraaiinn MMeeeennaa

Hon. Minister of State for Environment Ministry of Environment and Forests. Government of India

Pariyavaran Bhavan CGO Complex, Lodhi Road

New Delhi - 110003

PETITIONERS

Remaking Of Mumbai Foundation (ROMF) along with

Citizens Forum for C Ward Development (CFCD)

Old Buildings Landlords Welfare Association (OLWA)

Federation of Associations of Maharashtra (FAM)

&

over 20,000 citizens of C &D Wards of Island City of Mumbai

for

RREEMMOOVVAALL//RREELLAAXXAATTIIOONN IINN CCRRZZ IIII PPRROOVVIISSIIOONNSS

FFRROOMM AARREEAA AAFFFFEECCTTEEDD BBYY CCRRZZ IINN CC && DD

WWAARRDDSS OOFF GGRREEAATTEERR MMUUMMBBAAII

pg. 1

Respected Sir,

The following is the back ground of the Petitioners

1) Remaking of Mumbai Federation (RoMF)

Remaking of Mumbai Federation (ROMF) is a Federation of over

50 Chambers of Business, Associations, Institutions, NGOs, pertaining to

Architects, developers, tenants, property owners, engineers etc. having

lakhs of stake holders who have interest in developing Mumbai’s over

20,000 dilapidated buildings to save the lives of lakhs of people who are

living under the shadow of death in these buildings while remaking

Mumbai into a World Class City with matching infrastructure and all this

on a self financing basis. The Federation has various dignitaries on their

Managing Committees and on its Advisory Council. The objectives &

other details of the Federation is as per Annexure – ‘A’.

2) Citizens Forum for C Ward Development (CFCD)

Citizens Forum for C Ward Development is a large group of eminent

citizens of C ward who have come together to work constructively for the

redevelopment of its ward and is represented by a managing committee

and a mohalla committee consisting of representatives of each of the 129

mohallas. The details of the Managing Committee and the members are

as per Annexure – ‘B’.

3) Old Buildings Landlords Welfare Association (OLWA)

OLWA, Old Buildings Landlords’ Welfare Association, is an Association

formed for the cause of the landlords of dilapidated buildings in Mumbai,

who are suffering from various laws imposed under the Bombay Rent

Control Act.

pg. 2

The association is working towards getting the correct value of the

building in favour of the landlords while seeking their co operation, to

enable the redevelopment of buildings. The details of its Managing

Committee are as per Annexure ‘C’.

4) Federation of Associations of Maharashtra (FAM)

FEDERATION OF ASSOCIATIONS OF MAHARASHTRA is an apex

body representing more than 750 associations/chambers of Trade,

Transport and Small Scale Industries from all over Maharashtra. This

year FAM is celebrating its Silver Jubilee Year. During these 25 years

Federation has been able to gain the confidence and respect of the

Trading community, since it has been trying to solve problems and

genuine grievances of business community when they are in difficulties.

The details of its Managing Committee and other details are shown in

Annexure ‘D’.

5) Over 20,000 citizens of C & D Wards of Island City of Mumbai.

These are people who are living in very old and dilapidated buildings in

the C and D Municipal Wards of Mumbai. They came together and

signed the petition on behalf of over 62,000 people staying in 1,110

dilapidated buildings in CRZ-II area of ‘C’ & ‘D’ Wards to be submitted to

Ministry of Environment & Forest for removal / relaxing CRZ norms from

‘C’ & ‘D’ Wards. The signature drive was conducted under the umbrella

of ROMF and CFCD during last one month and concluded in a massive

public meeting of ‘C’, ‘D’ & ‘B’ ward citizens on 28th June, 2008 and well

attended by dignitaries and leaders of Maharashtra State. The press

cuttings of the Public Meetings invitation advertisement and thanks

advertisement are annexed herewith (Annexure ‘E’ & ‘F’).

pg. 3

The advertisement shows the supports of spiritual leader H.H. Sri Sri

Ravishankerji and the state’s eminent political leaders like

1) Shri. Vilasrao Deshmukh, Chief Minister of Maharashtra

2) Shri. Sharad Pawar, Minister for Agricultural, Government of India

3) Shri. R. R. Patil, Deputy Chief Minister, Government of Maharashtra

4) Shri. Gopinath Munde, Vice President, BJP and other MLA’s & Ex-

MPs of the area of ‘C’, ‘D’ & ‘B’ Wards.

DETAILS OF C & D WARDS AND HOW IT NEEDS REMOVAL

/RELAXATION IN CRZ NORMS TO SAVE THE LIVES OF 62,000

CITIZENS

Description of C & D Wards

The C & D Wards of the Island City of Mumbai consist of some of the oldest

areas of the city. These wards have been urbanized since the past

100 years. These wards accommodate a large population which is engaged

in numerous economic activities. The area consists of mixed land use with

commercial, residential and manufacturing activities being carried out in

close quarters of each other.

Buildings – Almost ninety percent of the buildings in this ward are six

decades to a century old and hence are in a very weak and in

dilapidated condition. The ‘C’ & ‘D’ wards comprises of 22,000 cessed

& noncessed dilapidated buildings housing nearly 2 lakh people.

Many of these buildings are in a state of imminent collapse. These

buildings have to be continuously given structural support to prevent

them from falling. 90 percent of these buildings are constructed prior

to 1940 and therefore much before the said CRZ Notification was

issued, in 1991. Foundations of most buildings have settled, large

cracks are visible and continuous water seepage. The condition of

pg. 4

these buildings in the CRZ II area of C Ward is highly dangerous.

Besides these buildings are very susceptible to earthquakes and

natural disasters. Hence the redevelopment of these cessed buildings

is imperative.

Infrastructure – The town planning in these wards is a century old

and is crumbling and considerably strained with the additional load it

has seen over the decades. The roads and lanes are very narrow

creating perpetual traffic management problems. Since these areas

house the oldest trading and commerce areas there is considerable

flow during the day of business visitors which puts enormous strain on

the movement of men and materials. The day time population in

these wards is almost five times the night population; hence traffic &

pedestrian movement is highly congested.

Unhygienic Environment – The sewage and garbage disposal

systems in these wards have completely collapsed and only held

together with temporary measures which have to be carried out

frequently. During monsoons the sewage flow mixes with the rainfall

and it creates conditions for the spread of many contagious and life

threatening diseases. Mosquitoes, flies and disease bearing

conditions lead to poor hygiene and illness.

Thus considering the conditions of the C & D Wards as enumerated above

there is a dire need to address the issue of creating new living and working

conditions for the residents of the ward which ensures a better environment

to live in.

pg. 5

CRZ – II AFFECTED AREA IN ‘C’ & ‘D’ WARDS

Roughly 100 acres each are affected by CRZ – II provisions in ‘C’ & ‘D’

Wards respectively. These 200 acres of ‘C’ & ‘D’ wards are in continuity

and are located on after four stages of developments from Marine Drive sea

coast. Four front levels are already developed by Netaji Subhash Road,

various Gymkhanas & Buildings, Western Railway Line and the Queens

Road respectively. The map & Google picture of ‘C’ & ‘D’ wards area – with

CRZ affected areas are annexed (Annexure – G).

REMAKING OF MUMBAI FEDERATION’S PROPOSAL TO THE

GOVERNMENT OF MAHARASHTRA

In October 2005 Remaking of Mumbai Federation submitted a concept

paper to the Government of Maharashtra suggesting the planned

redevelopment of the 20,000 old dilapidated buildings in the island city of

Mumbai. The people staying in these buildings live under the shadow of

death. The ROMF proposal takes care on one hand of saving the lives of

lakhs of people staying in over 20,000 unsafe buildings while on the other

hand remaking Mumbai into a World Class City. The scheme is pivoted on

redevelopment of the whole city on a self financing basis using land / FSI as

leverage. The problems of Mumbai are due to awkward, haphazard and

incremental growth rather than a integrated, planned and holistic planning

process. Thus a scheme was suggested comprising of (a) Sectorial

planning of whole city by a Jt. Venture Co., between Experts from public

and various Government departments pertaining to Housing, Urban

Development and Infrastructure on a PPP basis by forming a JV Co. i.e.

CPMC - City Planning & Monitoring Co. (b) Development of each sector i.e.

SSDS – Sector by Sector Development on a self financing basis.

pg. 6

GOVERNMENT OF MAHARASHTRA’S URBAN RENEWAL SCHEME

INVITES EXPRESSION OF INTEREST FOR PILOT PROJECT UNDER NEW HOUSING POLICY 2007

As per the New Housing Policy of Government of Maharashtra addressing

cluster development on Joint Venture basis between tenants, landlords and

developers the Government invited Expression of Interest for a Pilot Project

for cluster development. The copy of EOI advertisement is as per

Annexure – ‘H’.

REMAKING OF MUMBAI FEDERATION’S RESPONSE TO THE

GOVERNMENT OF MAHARASHTRA’S EXPRESSION OF INTEREST BY SPECIAL PROJECT DEPARTMENT

In response to the Government of Maharashtra’s EOI, ROMF submitted its

plan for the cluster based development of the C Ward of Island City as per a

Master Plan of Greater Mumbai. The proposal envisages demolition and

reconstruction of 1,777 old and dilapidated buildings in ‘C’ ward and

rehabilitating around 1,00,000 tenants of residential, commercial and

shopkeepers along with creation of matching infrastructure and ample open

spaces to a standard of World Class City. The ‘C’ Ward and adjacent ‘D’

Wards comprises of 1,110 dilapidated buildings falling under CRZ – II area

and the proposal becomes unviable unless the CRZ norms are removed /

relaxed in CRZ – II area of ‘C’ & ‘D’ wards.

pg. 7

CAUSES FOR NON-APPLICABILITY AS WELL AS FUTILITY OF CRZ II

PROVISIONS TO C & D WARDS

AND

REASONING FOR REMOVAL OF CRZ II FROM C & D WARDS

We, the inhabitants of ‘C’ and ‘D’ Wards of Bombay who are staying in the

shadow of death in 1,110, most unsafe and dilapidated buildings of C & D

Ward hereby make this petition to put forward the difficulties faced by us

and appeal to the Ministry of Environment and Forest (MOEF) to consider

the removal/ relaxation of CRZ II norms in the ‘C’ and ‘D’ Wards of Mumbai.

1. We are presently living in precarious old cess buildings, which are

authorized structures of permanent nature, and most of which are

more than 80 to 100 years old.

2. This area has been urbanized for more than a century. Between the

HTL and the 200 meter line there is the

a. Marine Drive Promenade

b. 180 feet wide Netaji Subhaschandra Road

c. Large cricket Maidans

d. Four track arterial western railway line

e. Maharishi Karve Road which is an arterial road

f. After the 200 meter line is a parallel barrier strip of crematorium and

burial ground of average 50-100 meter width.

These features of urbanization have existed since more than a

century in the current area and hence the area has been

developed. The area is not covered with mangroves or does not

display other features of coastal ecology which need preservation.

pg. 8

3. This area does not have features of a coastline, like mangroves or

sand dunes, which require protection. Thus the Ministry needs to

apply the laws keeping the geographical context in mind and not as

per a blanket policy of certain parameters from the High Tide Line.

Most of the structures in this area are prior to 1991, i.e. before the

enactment of the CRZ Act.

4. The residents of these buildings are paying cess to the government,

and the same are authorized buildings and structures. C Ward is an

area capable of development, which comes within the Municipal

Corporation of Mumbai limits, having DP roads and reservations on all

sides.

5. The areas of 'C' and 'D' ward have among the highest density in the

world, and the inhabitants are living in miserable conditions, due to the

outdated and crippled infrastructure and facilities.

6. Though our fundamental rights to life and right to shelter are

guaranteed by the Constitution, we are unable to exercise the same in

light of the existing regulations which force us to live in such

debilitating conditions. There is an urgent and pressing need for

providing adequate living space, safe and decent building structures,

clean and decent surroundings, sufficient light, pure air and water,

electricity, sanitation and other civic amenities like good roads,

garbage disposal and treatment facilities, access to emergency

response agencies etc. The Supreme Court has held that "The right to

life would take within its sweep the Right to food, the Right to clothing,

the Right to decent accommodation to live in. The annexed are the

Supreme Court Judgments supporting right to life (see Annexure –

‘I’).

pg. 9

7. Your Ministry has time and again, in public interest, given

considerable relaxation, by amending the principal notification of CRZ

1991 under section 3 of the Environment Protection Act, 1986 wherein

rights and livelihood of fishermen and koliwadas were protected.

However, the inhabitants of one of the oldest section of the city of

Mumbai i.e 'C' and 'D' wards who are living here since more than a

century have no protection for their homes and livelihood. The MoEF

has been allowing the fresh developments and redevelopments on the

sea-ward side on the principles of imaginary line. (see Annexure –

‘J’).

8. We, the residents of the area belong to the middle class and cannot

carry out the complete redevelopment of our buildings on our own.

Under the current thinking of the Government of Maharashtra, it is

mandated, that new units being built should be of a minimum of 300

sq.ft. In a number of cases our units consist of 100-150 sq.ft. While we

cannot afford to redevelop the area, of our tenements with the current

available FSI, redeveloping any additional area is out of question.

9. Hence we have to depend on outside developers to redevelop our

buildings. The developers would redevelop our buildings, only if it is

economically viable and would hence require an additional free sale

component, to subsidize the complete reconstruction.

10. The Government of Maharashtra has realized that cluster

redevelopment is the only solution to the miserable condition of the

inhabitants living in dilapidated cessed buildings and has vide its

Expression of Interest dated Oct 11th, 2007 (see Annexure – ‘H’)

invited interested parties to submit their tenders for re-development of

Mumbai city based on the cluster approach. The local town planning

laws support redevelopment of buildings in the C and D Wards but this

pg. 10

becomes unviable in the area of the Wards, which fall under CRZ II.

The CRZ II provisions restrict the amount of FSI that can be permitted

for new buildings (FSI of 2 or the amount already consumed) and also

have height restrictions (buildings cannot be higher than 9.75 meters

and 21 meters). Most of the buildings in the aforementioned area have

already consumed an FSI of nearly 3.

11. The roads are narrow and winding, and there is perpetual heavy traffic

flow in the area, as it houses some of the city's busiest commercial

establishments. None of the buildings have a compound and there is

hardly any open space or greenery in this entire area. Being one of the

oldest areas in Bombay, this area now dons a decaying look.

Consequently, it is essential in the interest of preserving the fabric and

health of the people living in those areas and society as a whole, to

relax the F.S.I norms for development of cessed and noncessed

buildings in the ‘C’ and ‘D’ Wards of Mumbai city which predominantly

falls within the CRZ II area.

12. If the Government were, on the other hand, to develop areas having

no accessibility and having no actual scheme of planning, and re-

develop them, into areas having taller structures, as opposed to wider

structures, it would as a result relieve most of the land, by releasing

locked spaces and creating open spaces. Such spaces can then be

used for developing parks, sanctuaries or gardens, whereby a far

greater purpose would be served.

13. The entire purpose of the CRZ Regulations is to maintain the

ecological balance and attempt to preserve ecosystems. What the CRZ

Regulations, does not take into account, though, is the fact that in the

C and D wards of the Island City of Mumbai, there is already a gross

pg. 11

destruction of the ecosystem, and most areas are completely devoid of

greenery and open spaces.

14. Freezing the structure of cities, most of which have already become

over-burdened and cluttered, would actually be more harmful than

beneficial, for all environmental purposes, and for the purposes of

planning.

15. The Government’s Urban Renewal Scheme, would, in effect, become

toothless, if the CRZ Norms are allowed to continue regardless of the

ground reality. Presently, all areas coming within CRZ II would only be

allowed to be re-developed, as long as they don’t come within the

seaward side, and as long as they are governed by height and

distance restrictions. Since re-development, of the manner proposed,

wherein emphasis is being laid on open spaces and better world class

infrastructure, would require buildings having a height far greater than

what is currently permitted, the CRZ would serve as a great

impediment in the execution of an idea of such a magnitude.

16. The structures in the ‘C’ and ‘D’ wards lack basic infrastructure and

amenities, like sanitation, garbage disposal, proper sewage, proper

access to light and air; and access to and by emergency services like

Fire Brigades, Ambulances etc. The scheme of re-development

proposed by Remaking of Mumbai Federation, addresses all these

issues, and deals with them, more holistically. The scheme as

proposed also takes care of the environment, as it provides for green

and open areas, sewage and garbage disposal and treatment which at

present is lacking.

17. As of now, the scheme is for the redevelopment of the ‘C’ Ward,

having an area of 212 acres. Once the nature of the redevelopment is

approved by the Government of Maharashtra, the whole of Mumbai

pg. 12

would be developed, keeping the scheme in mind. In the large scheme

of things, water bodies, parks and open spaces would be created.

Also, by creating far greater infrastructure, the government could

create a system of mass-transport, wherein the dependency on private

vehicles, and fossil fuels would be greatly reduced.

18. Another thing that the Government has not been able to address,

because of the CRZ regulations is the fact that there is a genuine

crisis situation, wherein many of these structures are in a state of

caving in, and sooner than later, if not addressed appropriately, the

situation is going to go out of hand. There have been many incidents of

inhabitants dying, due to the collapsing of buildings. The buildings have

outlived their normal life and doing continuous repairs is costly and not

a lasting solution. Repairs can only be cosmetic in nature and do not

address cracks in load bearing walls and settled foundations. There

are many buildings built by MHADA, which are in urgent requirement of

re-construction. There have been many incidents where persons have

died due to the collapse of such buildings. Though MHADA is making

all efforts to re-locate people staying within such structures, and re-

develop them, the entire process is a bit-by-bit process, where the

entire exercise could take between ten and thirty years.

19. The MOEF has over the years considered relaxation for deserving

cases as is borne out by the numerous amendments carried out from

time to time. The relaxation given to fishermen and Koliwadas should

be extended to the residents of C Ward who are also the original

Mumbaikars, and who have been residing in this area for more than a

century.

20. We again submit that in September 1997, the Chief Secretary of

Maharashtra wrote to the Central Government's Ministry of

pg. 13

Environment and Forest (MOEF) explaining the practical difficulties in

implementing the CRZ II norms in a growing metropolis like Mumbai,

especially since it had large slum population. He asked the MOEF, in

view of Mumbai’s new slum rehabilitation scheme, to consider slums

as authorized structures and therefore to consider slum redevelopment

as the reconstruction of authorized structures. However, MOEF, in a

letter issued in September 1998, did not approve either of these

suggestions. The MOEF clearly stated that slums is not an authorized

structure and that the existing norms meant those norms that existed

prior before 1991. It said: " it is clarified that the phrase " Existing

Authorised Buildings" means those of buildings of permanent nature

that were existing before 19th Feb, 1991 and were constructed in

accordance with building regulations and byelaws in vogue previous to

19.2.1991 and received necessary sanctions, including

commencement certificate and occupation certificate from the

concerned local authority prior to 1991. Subsequently the Government

of Maharashtra informed all concerned local authorities to adhere to

this clarification. Considering our case, where thousands of authorized

cessed buildings are in dilapidated conditions, we are the most eligible

for relaxation of CRZ II norms for C and D ward.

21. The non-CRZ areas of the C and D wards have a higher permissible

FSI and hence residents of old buildings have been finding it easier to

go in for redevelopment. There is a new proposal of having a planned

redevelopment of the whole ward as per a cluster approach which

would enable provision of much needed infrastructure like wider roads,

new and better sewage and water facilities and open spaces. Under

this provision too there may be additional benefits which will not come

to us since we fall in the CRZ II belt. Please find attached in (see Annexure H) the EOI of Government of Maharashtra.

pg. 14

22. Most of the buildings in this ward are small and cramped. There is

hardly any space between the buildings. Even the lanes and by-lanes

in the area are cluttered and in case of emergency, the emergency

response agencies are unable to access the area. This area has a mix

of both residential and commercial tenements.

Therefore, in public interest, the MOEF needs to relax the

provisions of CRZ II in the C Ward area in respect of cessed structures at par with Non-CRZ cessed structures.

ADVANTAGES BY REMOVAL / RELAXATION OF CRZ – II FROM ‘C’ &

‘D’ WARDS

1. Saving the lives of 62,000 people

If the CRZ II provisions are removed / relaxed the residents living in

miserable living conditions will find themselves being able to live in well

built and safe buildings in the redevelopment which will become possible.

2. Creation of Infrastructure and improving the Quality of Life

New infrastructure will substantially improve the quality of life of the

residents in the form of wider roads, drainage, sewage, water, gas and

electricity can be provided. This will substantially improve the socio-

economic profile of the area.

3. Creation of Open Spaces & Amenities

As per planning norms there should be an average of 4-5 acres of open

spaces per thousand persons. As opposed to that the C&D wards have

almost zero acres of open spaces. Relaxation in CRZ provisions will

enable the creation of open spaces and play areas and other social

infrastructure like schools, Hospitals, libraries etc.

pg. 15

4. Financial viability

The C & D wards have buildings which have currently consumed nearly

3-4 FSI and the average tenement size is 100 - 150 sft. The State

Government’s current thinking mandates a minimum size of 300 sft. In

any new redevelopment. The CRZ II provisions which cap the FSI at 2 or

the one currently consumed makes the redevelopment of the buildings

and provision of new infrastructure completely financially unviable.

CONSIDERING THE ABOVE during the month of June we have carried out

a door to door signature campaign by reaching out to the residents of the C

and D Wards. Teams of citizen volunteers collected a total of 20,102 signatures (summary in Annexure L). We herewith along with this petition

are attaching photocopies of the collected signatures. These we are

submitting as spiral bound books numbering 40.

We have also submitted our objection to the CMZ notification and please

find attached the copy of our letter as per Annexure – ‘K’.

OUR PRAYER:

In view of the above our Prayer to you is as under:

Relax CRZ II norms for C ward and D wards of Island city of Mumbai for the

pilot project under urban renewal scheme as invited under Expression of

Interest offer by Special Project Department of the Government of

Maharashtra in the following manner:

(a) Unsafe buildings in CRZ II area under Urban renewal Scheme of

Pilot Project should have the same entitlements of FSI norms for

development as other cessed buildings in non-CRZ area.

pg. 16

(b) That amalgamation of plots should be permitted: Since the entire

area of the ‘C’ ward & adjacent ‘D’ ward would be developed as a

pilot project, the entire area would be developed, as a whole, and the

land-use pattern would be distributed among the entire areas of ‘C’ &

‘D’ ward under Pilot Project proposal.

(c) That development of new roads on landward side and building

activities as well the infrastructure should be permitted.

(d) Height restriction has to be removed to accommodate vertical

high rise buildings.

We are hopeful that the government will look favourably at our submissions

and listen to our petition in humanitarian interest and do the needful. We

also look forward to meeting the officials of the MOEF in person and

explaining our condition.

Yours sincerely,

For Remaking of Mumbai Federation

Lalit Gandhi Girish Gokhale Mayank Gandhi

Chairman Vice President Secretary

For CFCD For OLWA For FAM

Vishwas Mhambrey Viren Ranjitsinh Kapadia Muhammadali Patel

President President General Secretary

pg. 17

ATTACHED AS UNDER:

Annexure

Annexure A - Details of ROMF

Annexure B - Details of CFCD

Annexure C - Details of OLWA

Annexure D - Details of FAM

Annexure E - Details of Meeting Advertisement

Annexure F - Details of Thanks Advertisement

Annexure G - Maps and pictures showing the area

Annexure H - Government of Maharashtra, newspaper notice inviting

Expression of Interest for Urban Renewal Scheme

Annexure I - Supreme Court pronouncements supporting Right to Life

Annexure J - a. MoEF letter contents, Dt: March 1998.

b. Bombay High Court observations on Imaginary lines

Annexure K - ROMF response to CMZ Notification

Annexure L - Summary of Signatures collected during Campaign

Annexure A

Introduction

Remaking of Mumbai Federation was formed for the mission

of saving the lives of lakhs of people living in old and

dilapidated buildings, while learning from the global practices

of redeveloped countries and cities like Singapore, Shanghai,

Hong Kong and similar to create a World Class Mumbai.

A concept line paper was submitted on October 2005,

triggered by the collapse of buildings due to the 25th July

2005 floods, to the Chief Minister of Maharashtra for a

cluster based approach on a Sector by Sector Development

Scheme (SSDS) as per integrated and holistic planning by a

City Planning and Monitoring Company (CPMC) based on a

Public Private Partnership basis.

The creation of the federation consisting of over 50

associations, institutes, NGOs and chambers of stakeholders

was preceded by intense discussions and crystallization

leading to the final proposal with C Ward development being

applied as a “Pilot Project” for the government of

Maharashtra’s Expression of Interest for Urban Renewal

Scheme. Some of the eminent dignitaries who are part of the

mission are mentioned on the left hand column.

The objectives of the Federation are

A. To create a campaign that would enable

Protection to lives of lakhs of people living in thousands of most old,

unsafe and dilapidated cessed and non-cessed tenanted society buildings all

around Greater Mumbai more particularly in South Mumbai by demolition

and reconstruction of such buildings.

Creation of Infrastructure Funds for putting in implementation the

JNNURM norms for Urban Renewal at Mumbai by upgrading and

augmenting the infrastructure facilities like road, bridges, drainage and

water supply network to cope up with the enhanced load of population

owing to increase of constructed area.

Creation of Mass Housing Stock utilizing large unused land in the city.

Formation of a Single Planning, Regulatory decision making body on a

Public Private Partnership (PPP) basis i. e. a SPV on JV Corporate Co.

between Government and Private Parties.

Improvement in quality of life in the Megacity of Mumbai.

Creation of job opportunities and growth.

Bringing together all concerned under the umbrella of “Remaking of

Mumbai Federation”.

Protection of the rights and interest of the poor and middle class residents

affected by the development activities.

B. To campaign for the collective objectives of the housing sector by using

study, research, advocacy with the authorities, mass mobilization and / or

use of judicial intervention to achieve the goals.

C. To form a corporate body with / or without partnership with other entities

for achieving the goals.

D. To enter into agreements with various entities, including the government

for furtherance of the goals of the campaign.

E. To act as consultants, advisors on all mattes related to the housing and

infrastructure sectors at appropriate levels.

F. To enroll members, receive membership fees and / or any other fees /

charges, operate bank accounts, keep accounts, and appoint any employees

or persons as may be required from time to time for the purpose of

discharging the main objects of the Federation.

G. To make available services of the Federation to other entities in the

manner deemed fit by the Associations.

H. As a result of fulfillment of all above objectives to articulate and put in to

implementation a time bound action plan to remake Mumbai a world class

city.

I. To take up all such works for the purpose of improving life of residents of

Mumbai.

ANNEXURE – ‘B’

Brief Introduction of CFCD

A group of active citizens, who have been working for the benefit of

society and our area for the past many years, saw a series of

presentations of Remaking of Mumbai Federation for redeveloping

C‐Ward to a World Class City decided to form a Citizen Forum with an

agenda to constructively work in partnership with the Federation for

changing the lives of our families and children. The forum represents

the tenants, landlords, shopkeepers, traders, laborers, workers,

hawkers and artisans of C3 and C4 part of C Ward. The Forum

Managing Committee consists of eminent people of the area from

various fields and representing all sections of society.

The Street Committee consists of representatives from all the

129 streets of C3 and C4 who have been working in their locality for

social and cultural causes and who have an excellent standing in their

respective areas. Please find attached a list of the street

representatives.

No. Name Street Name Phone No.1 Harshad Vakharia Tambakanta 93205 440272 Narendra Thakur Mumbadevi Compound 93236 09141 / 93241 220043 Georgi Saha Dhanji Street 93222 398954 Rakesh Jain Dagina Bazar 2242 56915 Lalit Jain Zaveri Bazar 98690 002886 Siddhraj Lodha Vithalwadi 93245 940957 Pravin Dhoka Vithalwadi - 2 98210 996458 Bal Govind Dubey Champa Galli 98192 34417

9 Radhika Prasad Dubey Champa Galli Cross Lane 98330 36054

10 N.N. Bhabhada Vithoba Lane 98223 3258111 Jitendra Jain Oval Wadi 98693 8889212 Mohan Purohit Shekhadi Lane 98690 1291313 Alpesh Soni Narnarayanwadi 98203 6962614 Shivji Jhawar Old Hanuman 1st Cross 98201 0169815 Nathulal Chaurasiya Old Hanuman Lane 93244 9419816 Manoj Shah Old Hanuman Lane 98200 65595 / 2240 915317 Ketan Shah Shamseth Street 98212 3290218 Amratlal Purohit Mirza Street 98928 27107 / 98693 9419019 Jasraj Rawal Sutar Chawl 98208 2056420 Jaisingh Sawant Kashinath Chawl 93222 3655421 Kadar Shivani Pinjara Street 92241 4537422 Hariom Chaurasiya Mangaldas Road 98664 6000423 Dinesh Kapadia Kitchen Garden Lane 93222 4038324 Dilip Shah Kantilal Sharma Marg 98211 6645825 Nilesh Doshi Kantilal Sharma Marg - Lohar Chawl 98201 3505426 Hitesh Shah Shamaldas Gandhi Marg 98200 4530627 Tushar Sampat Vithaldas Road 98210 29201

28 Narendra Damodar Bhawsar Pathakwadi 98336 26854

29 Manubhai Pandya New Hanuman Lane 98197 9373930 Sanjay Mehta New Hanuman Lane - Kalbadevi Road 93212 47533

31 Kapil Doshi C.A. Vasant wadi-O & Cavel X Lane No. 2 - R

98673 74160 / 2201 9650-R 22087504

32 Premshankar Pandey Joshiwadi 98692 86655

33 Sunil Amre Picket Road / R.S. Sapre 98205 3346734 Girdhari Purohit Picket Road Ext. 98690 8554535 Rakesh Ashar Geeta Gruha 93240 8643536 Madan Sharma L.T. Road 98212 1577237 Narayan Chogle Takwadi38 Gopal Das Jambhulwadi 98205 6391039 Mahavir Sharma Bomanji Master road 98217 8788940 C.M. Farid Dhobi Talao 1st 98195 8924841 Aslam Shaikh Dhobi Talao 2nd 98216 7969942 Santosh Shinde Hamalwadi 98219 8471743 Cyrus Irani Bhiwandiwala Terrace 98213 3001044 Tanaj Kerawala Dr. C.H. Street 98214 0765045 Pankaj Parmar Princess Street 98691 6979846 Nicholas Fernandes Dadi Santok Lane (Dhobi Talao) 2208 828947 Hasumati Saraiya Sorabjee Santok Lane 99208 59109 / 6501 2470 - R48 Alpesh Rathod Trinity Street 98195 8470949 Jayshree Patel 4th Marine Street 2209 468350 Dr. Ramnik Bakshi 3rd Marine Street 98200 1735251 Hirachand Jain 2nd Marine Street 98691 2065552 Mehboob Khan 1st Marine Street 98920 7022053 Naresh Khorava Anandilal Podar Marg 98673 0560454 Jude Gomes BIT Chawl 1, Chandan Wadi 98206 63497

Annexure - B

CFCD MEMBERS

No. Name Street Name Phone No.55 Rajesh Gamre BIT Chawl 2, Chandan Wadi 98331 5957156 Narendra Gohil BIT Chawl 3, Chandan Wadi 98212 5688557 Sunil Desai BIT Chawl 4, Chandan Wadi 99872 6383258 Sanjay Bhosle BIT Chawl 5, Chandan Wadi 99696 4489159 Ramesh Gohil BIT Chawl 6, Chandan Wadi 98926 2284760 Hemant Hodar Chandanwadi - Gavliwadi 98673 8172761 Dr. Mangala Meghraj Chandanwadi - Rupa Lane 98211 3552962 Mugdha Trilokekar Shrikant Palekar X Lane 99690 8383563 Deepika Thapania Shrikant Palekar 2nd Cross Lane 92247 00098 / 2207 0072

64 Chandrakala Chaoudhary Samata Compound 93228 76207

65 Hemant Maher Dadi Santook Lane (Chira Bazar) 98690 4150266 Vyagnesh Motivaras Borichi Chawl 98208 7923267 Vinayak Sangodkar Mahadev Shankar Seth Lane 93228 7620768 Pravin Khorawa Shrikant Palekar 1st Cross Lane 98196 5776169 Arun Hodar Shrikant Palekar Main Lane 98692 88 27970 Milind Vaingankar Tadwadi (R.S. Navalkar Marg) 98925 2061671 Prakash Jain Vijaywadi 98924 3724372 Kirit D. Shah Gazdar Street 98193 4997573 Lalitaben Panchmatia Shankar Bari Lane 98205 7307374 Vishwas Mhambrey Shankarseth Compound 98191 3543775 Subodh Madan Baroj Lane 99204 03790 / 2385 5741 - O76 Shyam Sapre Gangaram Khatriwadi / Waghlewadi 98197 2941377 Savio D'Souza Nawroji Street 2206 194778 Shirish Mhambrey Bhai Jivanji Lane 2205 9330 / 98205 0512079 Sampat Thakur Denawadi 98213 0523280 Vishwas Surve Kamat Chawl 98213 9195981 Arvind Pitkar Hemrajwadi 99870 83421 / 2209 4727

82 Advocate - Trupti Puranik Karelwadi 98693 38950 / 2205 6517

83 Nilima Kashelkar Dhobiwadi 2209 515284 Manoj Jain Thakurdwar Road 99693 0103585 Hemant Shah Jawahar Mansion 93210 58475 / 2205 8475 - R86 Ashok Botre Anandwadi (Jalamsingh Compound) 98691 0720187 Subhash Kalugade Kapreshwar Marg 92217 8189888 Prakash Joshi Gorakshawadi 98190 2352089 Madhav Moghe Jagannath Chawl 1,2,3 98199 5104690 Puran Dave Sitaram Podar Marg 98692 5381391 Sharad Vichare 1st Fanaswadi 98920 9842392 Bindu Oza 2nd Fanaswadi 93207 3559993 Kumar Mankar Naviwadi 98200 2561294 Shilpa Ganpatye Zaobawadi 1 98690 2492595 Kanak Parmar Zaobawadi 2 98191 4011096 Jyotsana Chandratre Dhuswadi 2207 0880 / 93231 8477697 Arun Morsawala Chirabazar Main Road - Thakurdwar 98190 5286998 Prerana Sirohiya Chirabazar Main Road - Chira Bazar 2200 300999 Lezarus Mendis Chirabazar Main Road - Chandanwadi 98334 38947

100 Subhash Harlalka Dadi Seth Agiary Lane 93242 49288 / 2241 0349101 H.S. Nagi Dadi Seth Agiary Lane 98690 88489102 Dilip Karandekar Dr. Viegas Street 93228 72225103 Tulsi Purohit Dabholkarwadi 98697 34562

104 Surendra Chaurasiya Cavel 1 98696 05515

105 Vijay Sarda Cavel 2 93240 38707

106 Chandrakant Parmani Cavel 3 98207 09133

107 Ramesh Purohit Cavel 4 98690 00233108 Shailesh Patel Cavel 5 98339 69971109 Ashish Dave Cavel 6 98196 33980110 Tamanna Vyas Cavel 7 98213 37906111 Uday Sampat Cavel 7 93222 16131112 Kishor Chudasama Cavel 8 98204 67410113 Mahendra Romani Cavel 9 98925 60294

No. Name Street Name Phone No.114 Manish Surve Cavel 10 98921 42828115 Deepak Rao Dr. M.B. Velkar Street 98336 77899116 Bharat Trivedi Chewool Wadi 98212 88945

117 Shashikant Amre Sadguru Kadam Baba Lane 98926 37091 / 99694 06906 / 2209 6915 - O

118 Mulsingh Purohit Vanka Mohalla 98203 63439119 Rahul Vayda New Bhatia Mahajan Wadi 98199 08142120 Chhaganraj Purohit Narottamwadi 2207 9386121 Ashok Dave Badam Wadi 93240 22059122 Mahesh Pancholi Swadeshi Market 3290 3136123 Ashwin Seth Popatwadi 98693 47408 / 2207 7892 - R124 Bipin Shah Bhagwadi 98210 50064125 Sabir Patanwala Bori Masjid Street (Shaikh Memon St.) 98190 61752126 Ashok Sakharia Ganesh Wadi 93245 45276127 Nirvan Goradia M.J. Mkt. 93244 58810

ANNEXURE – ‘C’

OLWA, Old Buildings Landlords’ Welfare Association, is an

Association for the cause of the dilapidated buildings

Landlords in Mumbai, who are suffering from various laws

imposed under Bombay Rent Control Act.

The association is working towards getting correct value of

the building in favour of the landlords while seeking their co

operation, to enable remaking of Mumbai possible.

The cessed buildings have been categorized as below:

a) Dangerously dilapidated buildings that have been repaired

30 to 40 years back and cannot be repaired any more.

b) Buildings that were repaired more than 10 to 15 years back

but would again need extensive repair in the next 3 to 5

years.

c) Cessed buildings maintained by landlords till date but

cannot be afforded to be maintained in future. Such

buildings also come up for repairs in the next 3 to 5 years.

Please find attached a list of the Managing Committee

OLD BUILDINGS LANDLORDS WELFARE ASSOCIATION (OLWA)

Sr. No. Name Designation

1

Shri Viren Ranjitsinh Kapadia

President

2

Shri Krishna Devidas Sampat

Secretary

3

Shri Kirtikumar Jamnadas Ved

Treasurer

4

Shri Atul Ranjitsinh Kapadia

Member

5

Shri Tushar Ranjitsinh Kapadia

Member

6

Shri Dhruv Atul Kapadia

Member

7 Smt. Ila Viren Kapadia

Member

8 Smt. Hemini Atul Kapadia Member

9 Shri Jitu Viren Kapadia

Member

10

Miss Shivani V. Kapadia

Member

ANNEXURE – ‘D’

Brief Introduction of FAM

FEDERATION OF ASSOCIATIONS OF MAHARASHTRA is an apex body representing more

than 750 associations/chambers of Trade, Transport and Small Scale Industries from all over

Maharashtra. This year FAM is celebrating its Silver Jubilee Year. During these 25 years

Federation has been able to gain confidence and respect of the Trading community, since it has

been trying to solve problems and genuine grievances of business community when they are in

difficulties.

Since the formation of Federation, the business community of Maharashtra comprising of trade,

transport and small-scale industries have looked upon this Federation as their own organization

to which they could look for help whenever they are in difficulties.

Inception of FAM

In the year 1979 when the Government of Maharashtra came down heavily by way of draconian

amendments to the Sales tax Act, the business community all over Maharashtra organized

themselves and through terrific show of unity protested against the draconian amendments with

the result that the Government of Maharashtra had to take back a legislation which was passed in

both houses of the Maharashtra legislature and assented to by the President of India. At that time

a huge convention of more than 1,25,000 traders was held at Bandra Reclamation ground in

Mumbai on 25th May, 1979.

ANNEXURE - G

No. of Buildings – 425Appx. Population – 22, 000

D WARD & CRZ II

No. of Tenements – 8,678Resi - 6,684 (40,000)non- Resi- 1,994

No. of Buildings – 685Appx. Population – 40, 000

C WARD & CRZ IIAppx. details of Buildings in CRZ area

No. of Buildings – 1,110Appx. Population – 62, 000

C & D WARD & CRZ II

Site

ANNEXURE - GAN

NEXU

RE -G

ANNEXURE - G

Site

CRZ & Site boundaryAN

NEXU

RE -G

ANNEXURE - H

pg. 1

Annexure - I

SUPREME COURT JUDGEMENTS SUPPORTING RIGHT TO LIFE

Upholding the importance of the right to a decent environment and a

reasonable accommodation, in Shantistar Builders v. Narayan Khimalal

Totame (1990) 1 SCC 520: AIR 1990 SC 630 the Court held that, "The right

to life would take within its sweep the right to food, the right to clothing, the

right to decent environment and a reasonable accommodation to live in. The

difference between the need of an animal and a human being for shelter

has to be kept in view. For the animal it is the bare protection of the body,

for a human being it has to be a suitable accommodation which would allow

him to grow in every aspect - physical, mental and intellectual. The

Constitution aims at ensuring fuller development of every child. That would

be possible only if the child is in a proper home. It is not necessary that

every citizen must be ensured of living in a well-built comfortable house but

a reasonable home particularly for people in India can even be mud-built

thatched house or a mud-built fireproof accommodation,"

Maintaining that right to shelter is a part of right to life under Article 21 of the

constitution and getting the basic amenities and infrastructure is vital to lead

an important life. In Ahmedabad Municipal Corporation, Appellant V. Nawab

Khan Gulab Khan and Others, the Supreme Court observed that,

"Article 19(1) (e) accords right to residence and settlement in any part of

India as a fundamental right. Right to life has been assured as a basic

human right under Article 21 of the Constitution of India. Article 25(1) of the

Universal Declaration of Human Rights declares that everyone has the right

to a standard of living adequate for the health and well-being of himself and

his family; it includes food, clothing, housing, medical care and necessary

social services. Article 11(1) of the International Covenant on Economic,

pg. 2

Social and Cultural Rights lays down that State parties to the Covenant

recognise that everyone has the right to standard of living for himself and

his family including food, clothing, housing and to the continuous

improvement of living conditions."

The objective of all laws on environment should be to create harmony

between the two since neither one can be sacrificed at the altar of the other.

This view was also taken by this Court in Indian Council for Enviro-Legal

Action v. Union of India (1093) 5 SCC 281, 296 where it was said: "while

economic development should not be allowed to take place at the cost of

ecology or by causing wide spread environment destruction and violation, at

the same time the necessity to preserve ecology and environment should

not hamper economic and other developments. Both development and

environment must go hand in hand, in other words, there should not he

development at the cost of environment and vice versa but there should be

development while taking due care and ensuring the protection of

environment".

In Chameli Singh v. State of U. P [(1996) 25CC549 132] a Bench of three

Judges of this Court had considered and held that the right ro shelter is a

fundamental right available to every citizen and it was read into Article 21 of

the Constitution of India as encompassing within its ambit, the righty to

shelter to make the right to life more meaningful. In para 8 it has been held

thus: (SCC pp. 555-56)

"In any organised society, right to live as a human being is not ensured by

meeting only the animal needs of man. It is secured only when he is

assured of all facilities to develop himself and is freed from restrictions

which inhibit his growth. All human rights are designed to achieve this

object. Right to live guaranteed in any civilised society implies the right to

food, water, decent environment, education, medical care and shelter.

pg. 3

These are basic human rights known to any civilised society. All civil,

political, social and cultural rights enshrined in the Universal Declaration of

Human Rights and Convention or under the Constitution of India cannot be

exercised without these basic human rights."

Emphasizing further on the right to shelter, the Court in this case held that,

"Shelter for human being, therefore, is not a mere protection of his life and

limb. It is home where he has opportunities to grow physically, mentally,

intellectually and spiritually. Right to Shelter, therefore, includes adequate

living space, safe and decent structure, clean and decent surroundings,

sufficient light, pure air and water, electricity, sanitation and other civic

amenities like roads etc. so as to have easy access to his daily avocation.

The right to shelter, therefore, does not mean a mere right to a roof over

one's head but right to all the infrastructure necessary to enable them to live

and develop as a human being. Right to Shelter when used as an essential

requisite to the right to live should be deemed to have been guaranteed as a

fundamental right. The ultimate object of making a man equipped with a

right to dignity of person and equality of status is to enable him to develop

himself into a cultured being. Want of decent residence, therefore, frustrates

the very object of the constitutional animation of right to equality, economic

justice, fundamental right to residence, dignity of person and right to live

itself."

ANNEXURE J

a. MoEF letter contents, Dt: March 1998

On 27th March, 1998 MOEF in a clarificatory communication to the

Chief Secretary of Government of Maharashtra inter alia stated

that in areas categories as CRZ II, construction of buildings can be

permitted on the landward side of the imaginary line drawn along

the existing authorised structures. On 8th September, 1998, this

was followed by a further clarification by MOEF in regard to the

manner in which imaginary line should be drawn. The clarification

was in following terms:

"Construction of new buildings/reconstruction/expansion of existing

authorised structures shall not be permitted in the seaward side

direction in the CRZ II area of Mumbai Municipal Corporation,

unless the following conditions are satisfied:

1. The CRZ II area should be within the territorial jurisdiction of the

Mumbai Municipal Corporation as it existed on 19-2-1991, i.e. the

date of coming into effect of the Coastal Zone Notification, 1991.

2. This construction/protrusion towards the seaside should not go

beyond the imaginary line drawn from the seaward side of the

existing authorized structures on the adjoining plot.

3. The imaginary line will be parallel to the High Tide Line.

4. The building (s) to be constructed will be restricted to the single

plot (plot boundary as on 19-2-1991) immediately

abutting/adjoining the existing authorized structures between

which the imaginary line is drawn.

5. The Imaginary line to be drawn should not cut across any river,

creek, backwater, estuary, water body, sandy beach or

mangroves.

6. In case of reconstruction, change in the existing use of the

building shall not be permitted. Further any permissible extension

of the plinth in seaward direction vis a vis the existing plinth limits

will be governed by the stipulation mentioned in the above

paragraphs."

(Please refer the aforesaid to Bombay High Court Case- PIL Writ

Petition No. 2163, decided on 1-4/ 10-4-2003) 2003 (5) Bom. C.R.

95 (OS) Before Thakker C.K., CJ & Dr. Chandrachud D.Y., J.

b. High court Observations on Imaginary Line

In the case of Breach Candy Residents Association & others VS

Municipal Corporation of Greater Mumbai & others PIL No. 68 of

2006 decided on December 7, 2006, the Bombay High Court held,

“Regarding the alleged violation of CRZ 1991, it will be seen that

there is a structure behind the plot in question and if a imaginary

line is drawn, then the construction in question is inside the

imaginary line and therefore, Prima facie it cannot be said that

there is a violation of CRZ." (Coram: H.S. Bedi, C.J., & V.M.

Kanade, J.). This was the case on a CRZ II plot which was situated

on seaward side of Bhulabhai Desai Road and near junction of

Bhulabhai Desai Road and Gamadia Road

3rd July 2008 To Secretary to Government of India Ministry of Environment & Forest Pariyavaran Bhavan New Delhi Re.: Raising objections for implementation of the Notification as regards CMZ

(Coastal Management Zone) by Government of India. Dear Sir, We would like to place on record the views of our Federation i. e. Remaking of Mumbai Federation (ROMF) and those of our co-petitioner as regards the draft Coastal Management Zone notification issued by the Ministry, dated 1st May,2008. Both organisations i. e. ROMF & CFCD hereby strongly register their objections to MOEF regarding implementation of CMZ by Government of India for the following reasons. We wish to give you a short background regarding ourselves. Remaking of Mumbai Federation was formed with the mission of saving the lives of hundreds of thousands of people staying in the shadow of death in nearly 20,000 old and dilapidated buildings in the island city of Mumbai while leveraging land in a self financing mode to create win-win solution for all stakeholders on its way to create a World Class city. Citizens forum for C Ward Development is a large group of eminent citizens of C ward who have come together to work constructively for the redevelopment of its ward and is represented by a managing committee and a mohalla committee consisting of representatives of each of the 129 mohallas. Government of Maharashtra in their new Housing Policy has encouraged reconstruction of dilapidated buildings through a cluster development approach on a Joint Venture basis between Tenants/Landlords/Developer & Government and accordingly they have also invited the Expression of Interest for development of a Pilot Project in Urban Renewal provisions as per the Government of Maharashtra’s Housing Policy. RoMF had accordingly submitted their proposal for the development of `C’ Ward which comprised of 212 acres of area and having 2202 buildings out of which 1777 are cessed, old and dilapidated buildings having nearly 40000 tenements and population of around 1,00,000 people. `D’ ward is an adjacent ward having further buildings and tenants.

.. 2

&

Citizens Forum for ‘C’ Ward Development

(CFCD) ANNEXURE – ‘K’

.. 2 ..

C and D municipal wards of the island city of Mumbai have been urbanized since over a century and the buildings are in dangerous conditions with settling of foundations and cracks. There have been building collapses and deaths before and thus fear of collapse and death is stalking the residents. In the C Ward (C3 and C4 parts) approximately 86 acres and in the D ward approximately 60 acres consisting of 1110 old and dangerous buildings and over 62000 residents falls within 500 meters of the High Tide Line defined by the Marine Drive Promenade. Hence these areas are governed by the CRZ II provision of the Coastal Regulation Zone Act (1991). The CRZ II restrictions make the redevelopment of these buildings completely unviable. Now the Ministry has introduced the CMZ notification for public discussion. We observe the following about the CMZ notification: 1. There is no mechanism of transparency, accountability and participation when drawing up the

setback line. This has made CMZ notification ambiguous. The Setback line is not defined in the CMZ notification. The setback is a concept for which the scientific methodology is not clarified and instead only some basic parameters are listed. This line is supposed to be based on the concept of vulnerability including both natural and man-made hazards. However, only 4 parameters (elevation, geomorphology, sea level trends, and horizontal shoreline displacement) are listed for this. All the parameters of vulnerability only relate to natural hazards and nothing is actually mentioned about manmade hazards.

2. The CMZ notification provides ‘Integrated Coastal Zone Management Plan' as an authority to

determine the vulnerability. However, the role and functions have not been defined. The ICZMP has no deadline for completion. All clear restrictions are now replaced by broad and obscure guidelines incomprehensible to common coastal and fisher people – largest stakeholders and custodians of our coastal resources – making it more difficult for them to intervene or play a role here.

3. The concept of a setback line makes it difficult for us to understand as to whether the areas of the

C Ward which are currently governed by the CRZ II provisions would still continue to be governed under the new CMZ notification or not. The CMZ II categorization mentions that “The activities proposed on the seaward side of the setback line in the above boundaries shall be regulated to ensure that no further development takes place other than foreshore requiring activities and basic infrastructure.”

a. Additionally the notification says that “The development on the landward side of the setback

line shall be as per the local town and country planning rules as existed on the day of this notification.” We feel this will be detrimental for the local authorities in carrying out any future changes in rules which would be necessary for meeting the changing requirements of the residents of the ward for the better quality of their life. Accordingly we feel that this point should be removed from the notification.

.. 3

&

(CFCD)

.. 3 ..

b. While some criteria are mentioned to define the setback line and we feel that using the said criteria the setback line be established such that it does not impact the redevelopment of the old and dilapidated buildings we can still not be certain of the same since the detailed application of the criteria would be time consuming.

c. Thus the concept of a setback line is confusing and vague and has the potential of being used

discretionarily. The concepts being ambiguous and non-specific it is difficult for us to judge its impact on the C and D ward residents and make specific objections.

4. In the context of an urban area like C and D ward it has to be understood that the number of

livelihoods and vocations followed by people is much more diverse than just fishing. Mumbai generates a vast chunk of the country’s GDP and most of it is in the services, business and manufacturing sectors. The future development and the infrastructural and housing and other real estate needs of the city are thus extremely important for the development of the city and in return of the country. Any law which restricts this would be detrimental to progress.

Hence while raising strong objections against implementation of the said CMZ Bill, we suggest that the Ministry should first undertake the exercise of establishing the setback lines and subsequently discussion can be engaged in to discuss the beneficial and detrimental aspects of the CMZ notification. You are requested to kindly call us and give an appointment for discussion on the above raised objections so that our both organisation’s representatives can discuss with you in detail as regards objections raised. Yours sincerely, For Remaking of Mumbai Federation For Citizens Forum for ‘C’ Ward Development Sd/- Sd/- Lalit Gandhi Vishwas Mhambrey Chairman President

&

(CFCD)

7/9/2008

S.No. Cluster No.

Existing No.of Buildings

No. of Buildings Covered

No.of Signatures

No. of Sheets

1 1 17 12 764 392 2 9 9 228 133 3 22 22 323 264 4 20 20 821 505 5 18 18 194 116 6 49 29 1021 537 7 10 7 116 68 8 39 37 528 439 12 13 8 723 37

10 13 23 23 529 3311 14 19 16 621 3812 15 15 9 232 1713 16 47 47 948 6514 55 6 2 19 215 107 14 9 241 1516 108 20 10 274 1817 109 11 10 135 1318 110 28 28 284 3019 111 31 5 71 720 112 20 6 215 1421 113 52 25 321 3122 114 37 21 264 2423 115 60 20 207 1924 116 6 3 40 425 117 10 9 204 1626 118 25 17 113 1827 119 6 5 39 528 120 16 16 1861 10029 121 8 8 157 1230 122 22 22 456 2331 123 19 19 623 4132 124 13 13 383 2333 125 35 33 1943 92

34-39 5291 25040 913 50

GRAND TOTAL 20,102 1238

Campaign conducted by

CFCD FAM

TOTAL BOOKS- 40

OLWARoMF

In C and D ward of Mumbai (summary)

ANNEXURE - L

CRZ removal/relaxation Signatures CampaignJune & July 2008

Public Meeting SignaturesD Ward