Intervention on BSUP-NURM at Deshyanagar

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 8^th 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, 18^th 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, as prescribed 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 18^th 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 21^st 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 18^th 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, 25^th of May 2009, or Tuesday, 26^th of May 2009, or Thursday, 28^th 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.

- The Managing Director, KUIDFC, Nodal Agency (JNNURM), Karnataka

Our work on RTI

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.