It’s unimaginable to overlook the political symbolism in Meenambal Sivaraj (M.S.) Nagar within the coronary heart of Chennai. On the entrance to the Ambedkar Floor positioned in a single nook of the locality stands an arch, constructed to mark the delivery centenary of the chief who gave India its Structure.
The spot close to this floor has busts and statues of Ambedkar, Pandit Iyothee Thass, Rettamalai Srinivasan, ‘Periyar’ E.V. Ramasamy, and A. Sakthidasan (of the Republican Celebration of India) — leaders who fought towards caste. The realm’s identify (after leaders N. Sivaraj and Meenambal Sivaraj) and the statues close to the bottom are a sign of how M.S. Nagar, with a predominantly Dalit inhabitants, was as soon as a politically-thriving locality. Paradoxically, it has been struggling for many years to safe the land rights of its personal individuals.
A couple of metres away from the bottom, 40-year-old Jyoti*, in her home, opens a bag filled with yellowing paperwork, a few of that are practically 70 years outdated, to point out her household’s rootedness within the locality and their persevering with wrestle to safe possession for the plot they reside on. The paperwork have been safeguarded by her late grandmother in an outdated trunk that survived many a hearth within the locality that was as soon as crammed with huts.
One of many oldest paperwork in Jyoti’s possession is a 1959 certificates offered by the then Company of Madras. The {photograph} within the doc reveals her grandmother and grandfather, in entrance of their hut with their three youngsters. “This was the primary doc recognising that they have been residents of this plot. However my grandmother had instructed me that that they had moved right here a few years earlier than that,” mentioned Jyoti.
After dwelling on the plot for a minimum of 70 years and regardless of guarantees made by the federal government, land rights nonetheless elude Jyoti’s household. This isn’t the story of solely Jyoti or the practically 150 extra households in M.S. Nagar, however that of a minimum of 57,000 extra households throughout a whole bunch of settlements in Chennai and 28,000 extra in 9 different cities in Tamil Nadu as per conservative estimates of the State authorities.
The promise
Whereas there had been different smaller schemes for offering land to the city poor, these households have been promised land possession predominantly underneath three completely different tasks launched by the State authorities between 1977 and 1988. They have been the Madras Urban Development Project (MUDP) I (1977), MUDP II (1980), and the Tamil Nadu Urban Development Project (TNUDP) I (1988), all of which have been funded to a big extent by the World Financial institution, by loans.
One of many oldest paperwork in Jyoti’s possession is a 1959 certificates offered by the then Company of Madras. Jyoti, a resident of M.S. Nagar, among the many first of 53 localities taken up in Chennai throughout MUDP 1, protecting round 25,000 households.
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These tasks marked a departure within the focus of the Tamil Nadu City Habitat Growth Board (previously Tamil Nadu Slum Clearance Board), which had till then, centered, to a big extent, on clearing slums and resettling them in multi-storey residences. In distinction, these tasks had a element referred to as “slum enchancment,” by which infrastructure was improved by offering primary facilities in areas the place the poor had settled, regardless of not proudly owning the land. The plots have been offered to them on a hire-purchase foundation with the fee restoration deliberate by month-to-month repayments for a set variety of years.
M.S. Nagar was among the many first of 53 localities taken up in Chennai throughout MUDP 1, protecting round 25,000 households. MUDP II lined round 60,000 households in Chennai and TNUDP I lined round 94,000 households in Chennai and 9 different cities in Tamil Nadu, together with Coimbatore, Madurai and Tiruchi.
R. Geetha, advisor, Unorganised Staff Federation, mentioned, as a younger activist, she was among the many many who opposed the scheme at the moment because the individuals have been requested to pay for the infrastructure and land. “We have been of the view that the land needed to be offered freed from price. In hindsight, the scheme was an excellent one, because it ensured land rights for the poor, which is essential,” she mentioned, including that it was unacceptable that these rights haven’t been realised even after 4 many years.
An arduous wrestle
Within the case of Jyoti, all the delicate papers in her possession, together with payments proving the month-to-month repayments, haven’t helped acquire a sale deed since she was not capable of produce the unique allotment order given to her late grandfather. “The Board also needs to have a replica of this allotment order. Nonetheless, they don’t seem to be prepared to verify for it, regardless of the opposite substantiating paperwork that we possess,” she mentioned.
Illustrating how the issues compound as years move by, Jyoti says that with the unique allottees useless and the households expanded with every technology, many households have been dealing with inner struggles on the problem of who among the many second technology ought to get the sale deed.
“In some circumstances, authentic allottees have moved out for livelihood causes, promoting their allotment orders to different households with out the approval of TNUHDB. The board, nevertheless, says they’ll concern sale deeds solely to the unique allottees,” she mentioned.
A view of the Avvaipiram colony in Shenoy Nagar in Chennai. Many residents are unaware of their land rights and of the procedures essential to acquire possession
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In lots of localities The Hindu visited, individuals appeared to have little consciousness of their proper to land possession or the process to acquire it. Many others who’re conscious have tried in useless. M. Azhagu Maistry, aged round 70, of Periyar Avenue in M.G.R. Colony, mentioned he had all the unique paperwork and receipts. “After we got the allotments, I bear in mind individuals saying that we’d finally get pattas. Nonetheless, there isn’t any one to information us,” he mentioned.
Alternatively, T. Kumaran, a resident of Avvaipuram, adopted up persistently with the board and paid ₹35,000 demanded as dues and curiosity for the years handed. “Regardless of this, they’ve neither offered me with the sale deed nor a doc acknowledging that each one my dues have been settled,” he mentioned.
N. Thiruvengadam (69), a resident of Jakir Hussain Avenue in M.G.R. Nagar, who has additionally settled all his dues, filed a case within the Madras Excessive Court docket, which directed TNUHDB and different departments involved in 2015 to think about his petition for issuance of sale deed. “It has been eight years, I’m nonetheless ready. I need to provoke contempt proceedings within the court docket, however my neighbours are much less hopeful,” he mentioned.
Mani,* a resident of Moovendar Nagar (referred to as Naduvankarai Pillaiyar Colony in official data of the board), alleged that decrease rung officers of the TNUHDB demanded bribes to course of his paperwork, a criticism heard in few different localities as properly. “I misplaced hope and stopped attempting 10 years in the past,” he mentioned.
Seventy-year-old Ok. Vasuki, a resident of M.S. Nagar, was among the many few who relentlessly pursued her case with the board for greater than a yr and efficiently obtained a sale deed. “The quantity I needed to pay was revised a number of instances with out clear causes. I paid all of that and acquired the sale deed,” she mentioned.
Nonetheless, she was in for a shock when she went to the taluk workplace to acquire a patta. The income officers mentioned the land, subdivided into plots, was not up to date of their programs. And this means maybe essentially the most complicated drawback to be solved within the concern: who owns these lands?
Who owns the land?
Within the case of M.S. Nagar, officers mentioned the land has been transferred to TNUHDB, however a survey could also be required to replace income data with subdivided plots. In another circumstances, the land the place households had been settled belonged to different departments like Income, Public Works, Water Assets or in some circumstances even temples managed by the Hindu Non secular and Charitable Endowments (HR&CE) Division.
The alienation of those lands by the opposite departments to TNUHDB ought to have occurred throughout the graduation of those World Financial institution-funded tasks. Nonetheless, World Financial institution paperwork and authorities orders issued at the moment, confirmed that TNUHDB was offered “enter upon” permission to develop infrastructure in these lands because of time constraints, with the understanding that the land alienation could possibly be accomplished later. Though a number of years have handed, the land alienation is but to be accomplished in lots of areas.
Threats of eviction
In some locations the place land alienation has not been accomplished, individuals who have been as soon as promised possession of the land now face threats of eviction, particularly in localities that have been positioned near water our bodies. In just a few locations, evictions have already taken place.
A view of the Moovendar Nagar tenement in Anna Nagar in Chennai. Because the colony is positioned near the Cooum River, some residents, regardless of being allotted land underneath the MUDP, have been evicted
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Muthuselvi,* who held an allotment order for a plot in Moovendar Nagar underneath MUDP, was evicted just a few months in the past. TNUHDB’s order, unilaterally cancelling the allotment order, mentioned that the world was positioned near the Cooum River and the Public Works Division wanted the land for “river enlargement”.
A senior official, who previously served on the board, mentioned that individuals who have been lined underneath MUDP or TNUDP however confronted eviction ought to have ideally been supplied with compensation for the land not simply on ideas of pure justice, but in addition as a result of many had paid for the land. “Had issues labored as meant, they’d have been title holders of the land,” he mentioned.
Mr. Kumaran mentioned 74 households have been allotted plots in Avvaipuram on the banks of Cooum as a part of MUDP by erecting a boundary wall alongside the river. He expressed considerations about rumours that these households could also be evicted due to the Chennai Port–Maduravoyal Expressway venture.
A Madras Excessive Court docket judgement of 2012, delivered by Justice S. Manikumar, is taken into account one of many progressive judgements on the problem. Within the case filed by S. Arokiam, demanding a sale deed for the plot allotted to him in Ullagaram underneath MUDP II, the Choose dominated in favour of not simply the petitioner however the hundreds of households awaiting sale deeds.
Stressing that these households can’t be seen as encroachers, the Choose mentioned it was the TNUHDB that recognized these areas, carried out growth work and issued allotment orders. Citing a submission of TNUHDB, the judgement mentioned even the areas positioned near waterbodies can’t be handled as “poramboke” or “water useful resource” if that they had misplaced the character of being a water supply.
Arguing that additional delays in resolving this long-pending concern would result in extra problems and with consideration to the variety of households affected throughout the State, Vanessa Peter, founder, IRCDUC, a community-centric hub for disadvantaged city communities, who had filed representations to TNUHDB on this, mentioned that the federal government ought to contemplate forming a high-level committee to resolve this concern on a mission mode. She harassed the necessity for absolute transparency, readability on process and outreach by TNUHDB to facilitate extra individuals to use on the market deeds.
A senior official from the board mentioned that transferring land rights to households lined by tasks like MUDP and TNUDP was a precedence. He mentioned the board was planning to simplify the procedures with the assistance of on-line programs. On allegations of bribery, he mentioned stringent motion can be taken on any such complaints. He expressed hope that elevated transparency and simplification of procedures would assist forestall such complaints. One other official identified that an empowered committee constituted by the federal government was wanting into points associated to land alienation.
*Names modified to guard privateness
