The Karnataka Slum Clearance Board (KSCB) in its projects under 1st and 2nd phase slums (totaling 33 slums in Bangalore) under JNNURM had not budgeted for Transit Stay Arrangement for the beneficiaries. The beneficiaries were told to fend for themselves in the construction period which ranges from 12-15 months, in some cases even more – putting enormous economic, social, physical and physiological pressures on the urban poor families.
Now the KSCB has taken a conscious decision to budget this component in all the slums coming under the 3rd phase – as a direct result of intervention in Deshyanagar - as admitted by the officials. From now on all the families where JNNURM projects will be taken up by the KSCB, it would make sure that all the families would get proper accommodation, water and sanitation facilities in the transit phase.
How did this come about? The following events happened in that date wise sequence:
1. People met and submitted a request to the Commissioner, KSCB on 21st May 2009 details on the JnNURM-BSUP housing project that is being implemented by KSCB in Deshyanagar slum. People didn’t have a clue on the project details. A major request was made to provide transit stay arrangement to the residents immediately, before beginning any construction work. He assured the residents that the arrangements will be made for transit stay in a week’s time. He asked the residents to clear a portion of the land so that construction of one block could begin. The residents honoured his word and 42 families cleared a portion of the site on the next day, 22nd May 2009 itself.The promise was never met.
2. The Technical Director, KSCB came and addressed the people on 3rd June 2009. Apart from other assurances he promised transit stay arrangement with water and toilets by 8th June 2009. The promise was never met.
3. Four (joint) letters to KSCB from the Deshyanagar People’s Committee, CIVIC and Mythri dated 21st May 2009, 1st June 2009, 9th June 2009 and 15th June 2009, requesting inter alia for provision of transit stay arrangements for those displaced by KSCB from Deshyanagar slum were submitted. No action was taken by any officers.
4. KSCB was asked under RTI with life and liberty clause on the action taken report on each of these four letters on 19th June 2009. The KSCB did not reply in 48 hours.
5. CIVIC filed a petition with Karnataka Human Rights Commission on 20th June 2009. The honourable member has asked the KSCB to arrange for the transit facilities by 6th July and file an interim report. The case is coming for hearing in August.
6. On 22nd June 2009, the Technical Director and the Assistant Executive Engineer orally instructed the families to put up their huts in the opposite BBMP office space, assuring that they will take care of any untoward incidents. The families put up their in the evening. The next day, on 23rd June 2009 they were thrown out to the pavement again. No official of the KSCB took any responsibility. They were shunted from their original place to pavements and to another and back to the pavement - with out taking any responsibility for this unnecessary physical and psychological stress.
7. The Chief Information Commissioner sent a summons to the KSCB on 24th June to appear for hearing on 30th June 2009. In the interim period the KSCB sent a letter of explanation to CIVIC suppressing the truth – that the families had vacated on their own.
8. On 30th June 2009, The Chief Information Commissioner heard the case and directed the KSCB to provide the transit stay arrangement by 10th July 2009 and to appear for the hearing on the same day with a status report.
9. On 2nd July 2009, for the first time, KSCB officials ask for a meeting with the community. The Executive Engineer (EE) and Assist. Executive Engineer (AEE) discussed with the people. The EE admitted that it was a fault by the KSCB that it did not make provision in the budget under JNNURM in the first and second phase implementation. The EE admitted that with the experience of Deshyanagar the KSCB has consciously made a decision to budget this component in all the projects from the third phase.
This is a major transformation in the approach while implementation of NURM by the KSCB. However the families of Deshyanagar continue to live on the pavements – after 40 days of displacement. The KSCB officials continue to assure that they will find a place sooner than later.
Many questions remain unanswered w.r.t Deshyanagar slum project.A few noteworthy are:
- The DPR obtained under RTI from KSCB put the project cost at Rs.6.23 crores and this is already sanctioned from the centre. Now the KSCB is saying that the project cost is about Rs.2.43 crores. An explanation was sought as to where will the remaining amount of Rs.3.8 crores, which is sanctioned by the centre to this project of Deshyanagar will go. The EE opined that he is not clear on this. The AEE said that the DPR is being ‘reworked’ now. The EE assured that he would provide the ‘reworked’ DPR immediately.
- The guidelines suggest the land title be given to the families in the name of women. There KSCB has told the people that they will be given only possession certificate – after clearing the beneficiary contribution.
- The KSCB has collected Rs.5100 from each of the 112 families in March 2008 – 15 months before the project started on the ground. The families are struggling to payback this loan.
- The operation & maintenance cost is not discussed with families. Even the EE and AEE don’t have a clue.
CIVIC is trying to get to the bottom of this mess. It along with the people’s committee and Mythri is pressing hard to get the transit arrangement as quickly as possible.
Upon our insistence on the KSCB Commissioner holding a public meeting with the people the Commissioner deputed the Technical Director to meet the residents of Deshyanagar. The Technical Director along with Executive Engineer and Assistant Executive Engineer came for a discussion with the people of Deshyanagar on 3rd June 2009. He stated that he would answer only those points which came under his purview and that the remaining points would have to be responded to by the Commissioner himself.
He made the following key promises among others
Transit stay arrangement: The Technical Director accepted that the people had cleared the land based on the assurance given by the Commissioner on 21st May. He assured in clear words that the transit stay arrangement for the families, including water and toilet facilities, would be provided in the vicinity of Deshyanagar by Monday, 8th June 2009.
Time-line for project completion: The Technical Director assured that the project would be completed in 12 months, by the end of May 2010, and handed over to the people.
Review meetings with the people: He directed the EE and AEE to hold official weekly meetings on Saturday evenings with the residents and provide all details. He assured the residents that he would come for a monthly review meeting where all the details of the progress of the project, budget and expenditure would be shared with the people.
The no-action from the KSCB even after 25 days
In brief: We met and submitted a letter on 21st May 2009 to the Commissioner with a major request to provide transit stay arrangement. On his clear assurance of providing transit stay arrangement immediately 42 families cleared a portion of the site on the next day, 22nd May 2009 itself. We submitted a request letter again on 1st June 2009 urging him to visit and provide transit stay arrangement. Technical Director was deputed on 3rd June 2009, who came and promised transit stay arrangement by 8th June 2009. Till 15th June 2009, after 25 days of displacement and people left to fend their life on their own - no action was taken by the KSCB.
No official of KSCB honoured their commitment. No one is accountable to the plight of the residents of Deshyanagar. People are forced to live on the pavements. Families are exposed to all kinds of threats – by neighbors, by vehicles, by nature. Families may be washed away, children may drown and disappear, families may contact various diseases, children and families may fall into the fifteen feet ditch that is carved out and left unprotected and loose life. The residents of Deshyanagar are treated as though not human beings. This is a human rights violation. Right to life and liberty under the constitution is violated.
Final request
The people on 15th June have asked transit stay arrangement for all the families displaced and questions be answered in writing by 18th June 2009.
Follow up social action planned
People have decided to do the following social actions from 19th June 2009. - Stop the construction work on the site. - Dharna in front of the - Involve the media - Meet the CM, Urban development minister, City in-charge minister etc., and apprise them - Petition the Human Rights Commission - Use the RTI under 48 Hour clause to find answers from the KSCB
The Karnataka Slum Clearance Board (KSCB) under BSUP-NURM project in Deshyanagar has initiated the process of construction of 112 houses.
The KSCB and the Nirmithi Kendra, the contractors for the project are pressurizing the people to clear the place so that the construction can begin – with out giving any transit living arrangement. People are helpless – they have no place to go. They are living under the fear that if they vacate now they may not get the houses at all.
On 8th May 2009 ground breaking ceremony was held and was attended by the local MLA. Now the pressure has built up for the people to vacate. In the meantime CIVIC studied the guidelines of the Ministry of Housing and Urban Poverty Alleviation for the project and the Detailed Project Report (DPR) for Deshyanagr, which was got under Right to information act.
On Monday, 18th May 2009, CIVIC held an extensive community interaction with the residents of Deshyanagar on this issue in which all the families participated. CIVIC shared with the families the ‘Guidelines for the Process of Formulating the DPR’ under the BSUP-NURM, asprescribed by the Union Ministry of Housing & Urban Poverty Alleviation. We shared with them the content of the Detailed Project Report (DPR) provided by the KSCB to CIVIC under the Right to Information Act (RTI). The following issues emerged:
Socio-economic survey:According to the residents, this has not happened. Nor is a report of any socio-economic survey enclosed in the DPR given to CIVIC under RTI.
List of beneficiaries:The DPR given under RTI doesn’t have the list of beneficiaries. The list of beneficiaries is not notified and placed on the website of the KSCB. As such, neither the people nor we know officially who the beneficiaries are.
Bio-metric cards: The beneficiaries have been provided bio-metric identity cards. But the purpose of the card has not been explained either on the card or to the beneficiaries.Some of the residents reported that the officials of the KSCB are now questioning the authenticity of the card given by the KSCB.
Consultation with beneficiaries: According to the residents, no discussion was held officially with them – either before the formulation or even after the finalization/approval of the DPR. The project details and budget, cost per house and beneficiary contribution were never disclosed to the residents. People do not know what their contribution is and what the installment is. However, an initial deposit of Rs.5,100 has been collected from each family – presumably in line with the VAMBAY scheme – without giving any further details.
Beneficiaries’ committees: No beneficiaries’ committee has been formed. No discussion on labour contribution from the beneficiaries has taken place.
Security of tenure:Though this slum was declared in 2005, no one has been given any kind of tenurial security so far. Neither has this been discussed nor assured. No arrangement for this has been done or explained. This is adding to the anxiety of the beneficiaries.
Provision of other facilities:There is no provision for any facilities other than houses, a parking area, commercial area, temple and common toilets – as per the DPR provided to us. There is no community centre, primary health care centre, primary education centre, etc., though there is no upper limit fixed on the budget for a BSUP project under JNNURM.If there is a constraint of space in the project site for providing these facilities on site, no details regarding their provision / availability in the immediate neighbourhood are mentioned in the DPR.
Open and green area:As per the guidelines, the layout plan should be socially cohesive and should facilitate social interaction amongst the dwellers. Efforts should be made for providing at least 30% open areas along with 15% organized green area in the layouts. Though the break-up of land use in the DPR shows 21% open and green area, these areas are not shown on the map.
Revolving fund: There is no such mechanism mentioned in the DPR provided.
Time-line for project completion: The beneficiaries are not aware of this and are living under the fear that the project may take at least three years to complete and that they will hence be displaced for three years, loosing their livelihood and their children loosing schooling, etc.
Monitoring and implementation units and social audit: The constitution of Project Monitoring Units (PMUs) and Project Implementation Units (PIUs) and the Third Party Inspection and Monitoring (TPIM) team are not mentioned in the DPR provided. No mechanism for social audit is also mentioned.
Convergence of other govt. schemes: There is no such process mentioned in the DPR provided.
IEC material and awareness programmes: No awareness programmes have been held and the beneficiaries are totally kept in the dark about the details of the project. There is no IEC material available on the scheme and none has been given to the beneficiaries. They are living under the fear that they may never be allotted a house once they vacate the land and that they may even loose the land they are living on for the last 30 plus years. No effort to reassure them and allay their fears has been made.
DPR format: The DPR provided to us under RTI has only the abstract, technical specifications and some drawings – nothing else – as against the 9 detailed chapters it is supposed contain.
In a nut shell: The whole process of forming the Deshyanagr DPR has happened without participation of the beneficiaries and the people don’t know anything about the Rs.6.23 crores project being implemented for them. Even the implementation process is happening without people’s participation.
On 18th May 2009, CIVIC facilitated formation of a people’s committee unanimously by the people of Deshyanagar. The people have authorized this committee to work constructively with the KSCB till the completion of the project. CIVIC will facilitate coordination with the KSCB. KSCB to work closely and extensively with this unanimously nominated people’s committee.
Today, on 21st May 2009 the people’s committee has asked the KSCB for the following in a formal letter:
1.Written reply:A written reply to all the issues raised.
2.Written agreement: An agreement be made between the KSCB and the people of Deshyanagar, like in VAMBAY scheme, with all the details of the project, the entitlements, time-lines, beneficiary contribution and installments to be paid, etc, after an open discussion with the beneficiaries and based on agreed upon terms.
3.Transit stay arrangement:A transit stay arrangement be provided to all families with all amenities near the site, as they have no alternative place to go to and their social and economic life will be disrupted/destroyed. This is also essential to keep their children in the same school, to continue their livelihood built around the place, to ensure social and moral security and to encourage belongingness. Three DPRs of KSCB on Bhuvaneshwarinagar, Pantharpalya and Rajendranagara mention that transit stay arrangements have been made, whereas there is none mentioned for Deshyanagar in the DPR provided
4.Immediate land title:An arrangement be made to disburse the tenure/land title immediately.
5.Coordination with people’s committee: On 18th May 2009, a people’s committee was formed unanimously by the people of Deshyanagar. The people have authorized this committee to work constructively with the KSCB till the completion of the project. CIVIC and MSSS will facilitate coordination with the KSCB. KSCB to work closely and extensively with this unanimously nominated people’s committee.
6.On-site work by beneficiaries: An opportunity be provided to the beneficiaries to work on the site to enable them to earn a livelihood at the time of project implementation.Or, the wages earned by them could be counted as beneficiary contribution towards the project.
7.Open meeting:KSCB to hold an open public meeting to explain the points raised above and discuss the next steps.Suggested dates:coming Monday, 25th of May 2009, or Tuesday, 26th of May 2009, or Thursday, 28th of May 2009 from 3 PM onwards.
This formal letter is copied to the following for information and will be followed up with them too in due course of time:
-The Hon’ble Chief Minister of Karnataka, Chairman, State Level Steering Committee, Jawaharlal Nehru National Urban Renewal Mission (JNNURM).
-The Secretary, Ministry of Urban Development, Member Convener – National Steering Group (JNNURM)
-The Director (JNNURM), Ministry of Urban Development
-The Joint Secretary (JNNURM)/Mission Director, Ministry of Housing and Urban Poverty Alleviation
-The Chairman, Technical Advisory Group (TAG) – JNNURM.
-The Principal Secretary, Urban Development Department, Karnataka.
CIVIC conducts workshops to the urban poor groups and RWAs and networks of NGOs in the city on the use of RTI. CIVIC facilitates KriaKatte, an activist’s group on RTI as the secretariat. Every second Saturday KriaKatte meets at CIVIC to chalk out the actions under RTI - to make the service agencies proactively disclose under section 4.1.b of the act, to popularize RTI among common citizen of Bangalore by conducting workshops/training, to realize the spirit of RTI by coordinating with the DPAR and KIC. CIVIC uses the act to access data/information on the service levels and conducts public hearings.
On 18th Feb 2009 CIVIC and KriaKatte met the Principal Secretary, DPAR-Janaspandana and the team. A time bound action plan was discussed and the department promised to take up necessary action. Quarterly review meetings were fixed to monitor progress. The key issues raised were - suo motu declarations by all departments, recommendation to high power committee to include in the school syllabus, using video-conferencing facility available at district level, compulsory appearance of the PIO for hearing and compulsory hearing by the first appellate authority.
On 28th March 2009 CIVIC and KriaKatte met the commissioners of Karnataka Information Commission to discuss the issues faced by the RTI users and the remedial actions. Review meetings as and when necessary is agreed upon by the commission. The key issues discussed were - Proposed programmes/facilities by the commission under GOI funds and suggestions, data on the pendency of cases and ways to improve clearance, upgradation of web site with Cause List & Orders Of KIC and direction to GOK to provide specific budget allocation to each Dept. for effective implementation and creating awareness on RTI as per the direction of GOI.
On 4th May 2009 CIVIC and KriaKatte met the commissioner and heads of depts. of Bruhath Bengaluru Mahanagara Palike (BBMP), the ULB to discuss on streamlining implementation of RTI. In the KIC the largest number of applications have appeared from the BBMP. It was brought to the notice of the Commissioner that non implementation of the proactive declaration has given rise to the situation burdening the KIC. He promised to put 4.1.a and 4.1.b information of all departments at all levels with in 7 days. He agreed to restructure and decentralise the RTI cell, train PIOs and keep a separate budget for the RTI implementation among other things.
He admitted that the BBMP has no property registry since 2000. The total property known to them is about 3.5 lacs where as this year 6.5 property owners paid property tax and there is not less than 21 lac properties in BBMP area. Imagine the revenue if all properties were to be brought under the registry!
On 25th March 2009 CIVIC gave a workshop to a large gathering of people from urban poor neighbourhoods at United Theological Society where two Information Commissioners participated.
Desianagar urban poor neighborhood has 116 families. They have been living here since more than 30 years now. This is a declared neighbourhood - was declared in 2005. This is being considered to be developed under NURM project by the Slum Board.
Huts are so small, that they are forced to cook on the pavement. They sleep on the pavement to avoid rodents. They have been living like this since over 30 years.
Slum Board has issued a card for each family. The purpose of issuing this card is not known. They are also in possession of identification/registration certificates. Land rights are yet to be given to any family.
We had a preliminary discussion with the families on April 2nd 2009. CIVIC's objectives and goals in working with them were discussed. We learn that most of the families have gone to thier native places to celebrate Ugadi - a festival where they sell thier wares. Of the families we met all had the same fear - of being pushed out of their present huts in the name of new houses.
We are leveraging the goodwill built by the local NGOs, Mythri and GRACE. We have started a comprehensive household survey to understand socio-economic situation of each household. The consolidated data will be published on a GIS platform to monitor change with intervention. The issue of each family w.r.t food, water, education, health and livelihood will be addressed.
f any untoward incidents. The families put up their in the evening. The next day, on 
st time, KSCB officials ask for a meeting with the community. The Executive Engineer (EE) and Assist. Executive Engineer (AEE) discussed with the people. The EE admitted that it was a fault by the KSCB that it did not make provision in the budget under JNNURM in the first and second phase implementation. The EE admitted that with the experience of Deshyanagar the KSCB has consciously made a decision to budget this component in all the projects from the third phase.
