Watch | Save Aarey Campaign: Petitioners and Activists Answer Queries

The Wire speaks to the petitioners and activists of the Save Aarey movement about the Mumbai high court’s stay order and the arrests that happened after Section 144 was imposed in the area.

The Wire speaks to the petitioners and activists of the Save Aarey movement about the Mumbai high court’s stay order and the arrests that happened after Section 144 was imposed in the area. They also spoke about the MMRCL ‘s decision to chose Aarey forest for the car shed construction and what the plan of action will be if further felling of trees takes place.

Also read: Ten Things to Know About Aarey and the Protests Surrounding it

Note: These interviews were taken on October 10 and 12.

Indian Cities Have Been Reduced to Just Real Estate

In the process, ecological sustainability has been sacrificed, as can be seen with Aarey.

“Beware of listening to this impostor; you are undone if you once forget that the fruits of this earth belong to us all, and the earth itself to nobody.”
~ Jean Jacques Rousseau

On Friday, the Bombay high court dismissed four petitions challenging the car shed for the Metro project in Mumbai’s Aarey Colony. The Mumbai Metro Rail Corporation Limited (MMRCL) moved swiftly – within 24 hours, it cut 2,134 trees out of 2,646 trees on the site. The massive public outrage that followed compelled the Supreme Court on Monday to stay further tree cutting in Aarey.

Meanwhile, the government continues to insist that there is no alternative to building the facility in Aarey, since other sites are not publicly owned, and therefore may be too expensive to acquire. Aarey is an approximately 1,200 ha of green cover contiguous with the Sanjay Gandhi National Park.

Nevertheless, one alternative site for the car shed project is a large vacant plot of land in the Bandra Kurla Complex (BKC) – that is public land, along the proposed metro line, and large enough to accommodate the facility.

But the site’s high real estate value makes this proposition unthinkable for the government. The Detailed Project Report (DPR) for the metro rejects this site because it can be “used more gainfully for property development [or] commercial exploitation”.

The business district of BKC itself, it must be remembered, was created in the 1990s by reclaiming the floodplain of the Mithi River, that was shown to be the leading cause of the Mumbai floods in 2005 that claimed hundreds of lives. A recent report by a Supreme Court-appointed panel called the Mumbai Metropolitan Regional Development Authority’s (MMRDA) as the “biggest encroacher” of the Mithi river, for the creation of BKC.

And so, with full knowledge of the massive destruction caused by the BKC reclamation, the government is now planning to clear 30 hectares of land in Aarey, that provides vital ecological services to the city, exacerbating the threat of urban floods.

Also read: Mumbai’s New Development Plan Is About More Real Estate for Developers

The message is clear: the prospect of profiting from urban land is the sole criterion for determining how we shape our cities; no amount of environmental destruction, or risk to life and property of residents matters in the pursuit of commercial gain. The owners of the city, in other words, are prepared to gamble with its future while they profit from the earth.

A view of the construction site of a metro train parking shed for an upcoming subway line is seen in the Aarey Colony suburb of Mumbai, India, October 7, 2019. Photo: Reuters/Francis Mascarenhas

The real estate state

In all the progressive traditions of city-making, urban life has been seen as a site of struggle for emancipation, material equality, cultural diversity, democratic participation, and ecological sustainability. All of these ideals are premised on some conception of urban land as a collective good.

Increasingly, however, all of these ideals are being supplanted by a singular urban vision: the city as a site for profiting from land and property development. Land, in this vision, is recast as an exclusive object of private accumulation and exchange, and planning as merely the multiple creative ways through which property values can be elevated. This mode has become the primary source of urban capital accumulation: our cities have been reduced to real estate.

In his recent book Capital City, Samuel Stein describes the rise of the “real estate state” as a “political formation in which real estate capital has an inordinate influence over the shape of our cities, the parameters of our politics and the life we lead.” Mumbai has been captured by the real estate state.

As we survey the various projects that are being forcefully implemented in the city – Metro shed in Aarey, western coastal road, opening up of salt-pans, redevelopment of the century old BDD Chawls, where working class families have lived for generations, Dharavi, one of the largest slums in Asia, port land, the neighbourhood of Bhendi Bazaar, etc – we can witness the enormous power of real estate interests in shaping and profiting from these socially and ecologically damaging ventures.

Making land, taking land

To profit from land, the first step is to make it appear scarce. So how will Mumbai produce ‘affordable’ housing? By filling up salt-pan lands. How will we build metro yards? By levelling and concretising our forests. How will we carve out highways? By reclaiming the coast. How will we house our millions? By snatching away land from the poor and stacking them in penal conditions. Meanwhile, all the land that lies under-used such as the defunct mills, the port, BKC, on the mainland, will make way – “more gainfully” – for commercial complexes, luxury housing, and shopping malls.

Also read: Mumbai’s People, and the Environment, Are Paying for the City’s ‘Development’

New mass-transit links such as suburban rail and metros have the potential to connect the city with hitherto unconnected areas, bringing in more land while keeping core-city land values in check. In Mumbai, in contrast, transport planning strategies are geared towards restricting land to a trickle, and to ensure that land values are restructured to benefit speculators and wealthy home or office buyers, rather than the wider population.

Projects like the Western Coastal Road, running along the coast from north to south, for example, are meant to inflate land values in already high-land value areas of the island city coastline, and to provide better facilities to wealthy residents. It also aims to open up the north-western suburbs of Marve, which is sparsely populated, to benefit strategic property developments there.

Similarly, all the elevated metro lines duplicate the system on the city’s existing road network, rather than connecting poorly serviced areas of the city, or the city with the mainland. While this helps construction contractors pour millions of tonnes of concrete, clear the road for car-users, and raise land values for property developers to milk these corridors, it does little for bus users or poor urban dwellers, who will find themselves priced out of the network.

High-rise residential towers under construction are pictured behind an old residential building in central Mumbai September 9, 2011. Photo: Reuters/Vivek Prakash/Files

Mining the air

And since land is perceived to be in short supply, the real estate state renders the sky into a fungible commodity. Filched from the street, the pedestrian and the poor resident, the sun and the air are mined for private gain. Increase of Floor Space Index (FSI) – or “upzoning” as it is called elsewhere – has been behind the radical transformation of the city’s built fabric, and a re-ordering of its social relations and networks.

Take the Bombay Development Directorate (BDD) Chawl redevelopment project. 15,238 families live in buildings constructed in the 1920s in 16 square meter units, on 35 hectares of land. Even if the house size for each of the families is doubled to 32 square meters, the project would require not more than 1.4 FSI to rehouse all the residents. Add a few hundred commercial units to cross-subsidise construction, and the whole scheme can be rebuilt as a 2.0 FSI walk-up scheme for almost no cost to the government.

Also read: Circumventing the CRZ: Unlocking Mumbai’s Coastal Real Estate

Yet, the project is being built with FSI 4.0, and all the existing residents will be rehoused on a small portion of the plot in high-rises. The result will be housing in extremely compromised conditions for the existing tenants, towering luxury real estate for investors, and a windfall for the government and developers. Land value elevated through upzoning will be monetised and captured through redevelopment.

The ‘play’ of planning tools

Since the second iteration of Mumbai’s development plan in 1991, the city government has ceased to build social infrastructure in Mumbai. Instead, property developers are the actual implementers of the city’s development plan. Schools, hospitals, community facilities, public housing – all of these can only be built by offering generous FSI “incentives” and regulatory “relaxations” to land developers.

This means that the central aims of development planning are inseparably contingent on real estate speculation. When residents ask for a better quality of life, the state responds by increasing FSI for projects. When slum dwellers ask for better homes, the state responds by reducing regulatory constraints on builders. When conservationists demand the preservation of older precincts, the state responds by offering Transferable Development Rights (TDR) to landowners. As land becomes more expensive, “incentives” and “relaxations” to the real estate industry are expanded in a continuous downward spiral of deteriorating living conditions and increasing cost of living.

And while plan implementation is outsourced to the private real estate sector, almost no attention is paid to basic municipal infrastructure and services. Storm water systems, preservation and expansion of ecological assets, municipal water supply, affordable public transport, basic services in informal settlements, pedestrian infrastructure – all of which require concerted state action – are neglected, starved of public investment and sacrificed for the singular aim of promoting urban real estate growth.

Also read: Envisioning a Humane Urban Policy for India

Aspects of the city that cannot be made profitable through real-estate megaprojects are simply ignored. The outcome is an increasing slumification of the city’s public realm, while wealthy residents bypass the city on freeways, to eventually retreat into the security of their gated or elevated enclaves.

In such an urban vision, there is no room for the survival of other values. The value, for instance, of trees to the adivasi, who depends on them crucially for livelihood; of urban parks that provide recreational facilities for city dwellers; of undeveloped lands that provide vital ecosystem services to the city; of urban biodiversity and forest ecosystems, that are valuable for their own sake. All of these become encumbrances to be overcome, in the pursuit of more gainful uses.

High-rise residential buildings are seen in this cityscape of Mumbai. Photo: Reuters

Urban land as commons

Cities mean many things. To each of us urban dwellers, the city we envision for ourselves is both particular and incomplete. And it is through the just resolution of these often shared, often conflicting imaginations, that our cities ought to be cohabited and built. The cumulative, yet collective expression, of our manifold values, desires and interests constitutes the promise of urban life. A singular vision, a singular value, or a singular idea may produce dungeons and Disneylands, not cities.

It is, therefore, necessary to reclaim the conception of urban land as a collective good. All value in the city, we must remember, is collectively produced, and privately appropriated through urban development processes based on the logic of increasing land values and profiting from the land.

Urban social movements that are challenging projects such as the metro yard in Aarey, the Coastal Road or eviction of informal settlements, aim to resist the notion of land purely as an object of exchange, and reinstating its value as a shared commons. Like Rousseau, these movements seek to reaffirm, that the wealth of the city belongs to us all, and the city itself to nobody.

Hussain Indorewala teaches at the Kamla Raheja Vidyanidhi Institute of Architecture in Mumbai.

Ten Things to Know About Aarey and the Protests Surrounding it

What makes Aarey environmentally and politically significant?

A specially constituted vacation bench of the Supreme Court on Monday ordered a stay on felling trees located in Mumbai’s Aarey Colony until October 21, when it will hear a plea against the government’s decision to cut vegetation in the area to make way for the city’s metro project. The apex court also asked for the release of activists held for protesting against the felling since Friday evening.

Although this is not the first time that a construction project embarked upon with a clear view of urbanisation has met with environmentalists’ protests, the situation of Aarey is unique and its singularity is perhaps what has drawn several to the protest sites.

Here are the ten most crucial things worth knowing about the green strip and why its being taken down.

Aarey Colony on Google Maps.

1) As is well known by now, the Mumbai Metro Rail Corporation Limited aims to construct a car parking shed at the place where the green cover of Aarey Colony now stands. This is a part of the MMRCL’s ongoing Mumbai Metro 3 project.

As part of the project, the 33.5-kilometre Aqua line or the Colaba-Bandra-SEEPZ line is being built. This is going to be the first underground railway line in Mumbai, which depends heavily on its overground local train system. The Aqua line promises to reduce crowds in the Western Line of the Mumbai city railway which covers the busiest office areas in the city.

2) However, Aarey is a costly collateral in this project. It has often been referred to as the “green lung of the city” in reference to the present controversy, but its significance runs deeper.

The Wire‘s Sukanya Shantha wrote in one of her many articles before the tree felling actually started that Aarey is home to tribals who have been living there for generations, in slums and run cowsheds which supply milk to a locally situated government run dairy. A builder had managed to get permission to construct a hotel and a few towers, but it is largely untouched by construction and is a popular picnic spot.

Also read: It’s Aarey vs Metro Rail as Mumbai Continues to Lose Its Green Cover

3) As far as untouched land in a city as heavily urbanised as Mumbai goes, Aarey comes pretty close. Vanashakti, one of the NGOs that have been resolutely fighting against the felling of trees for the car shed, has argued that the region should actually be called a “forest”.

Had it been labelled as such, then neither the Brihanmumbai Municipal Corporation (BMC) and nor the MMRCL would have been able to touch it for construction.

The ‘Save Aarey’ page of the ‘Let Mumbai Breathe’ campaign.

4) In spite of activists’ clear reservations with the construction and the fact that protests have seen large numbers of citizens turn up at Mumbai’s northern suburbs, the felling project has seen nearly all branches of the Mumbai administration and judiciary come together seamlessly.

The MMRCL, BMC and Maharashtra government’s vision for this project was complimented by the Bombay high court, which on Friday, refused to declare the Aarey Colony a forest area and declined to quash the BMC’s green light to fell the trees in the region.

5) According to reports, however, the court’s Chief Justice Pradeep Nandrajog had orally observed that he hoped authorities will not start cutting the trees before the petitioners moved the Supreme Court. This was clearly not followed by the MMRCL which began cutting trees on the evening of October 4 itself.

6) It is not clear exactly how many trees have yet been felled by the MMRCL. The required number for which the BMC has given permission is 2,646. However, activists say that the number of trees felled range between 500 and 1,000. There is confusion over whether the MMRCL has been felling only trees that have been numbered, with many activists alleging that unnumbered trees have been cut down too. MMRCL is operating under a promise to replace a portion of the felled trees. This, it will not be able to do if it cuts down unmarked trees as well.

Also read: Mumbai’s Aarey Area Is Government Land, Not Forest: Devendra Fadnavis

7) The allegedly pliant role played by the BMC’s tree authority in granting permission to fell more than 2,000 trees was also brought to question in this regard. Activist Zoru Bathena had filed a PIL in the Bombay high court against the authority’s permission to cut the trees. Bathena’s counsel Janak Dwarkadas, on Monday, argued that the tree authority’s decision suffers from “non-application of mind” and was taken in “haste” without following provisions laid down under the Trees Act in view of the election.

Dwarkadas said that the authority, in its over 900-page proposal granting permission to MMRCL, did not even record the objections raised by the petitioner and over one lakh common citizens during the two public hearings conducted by the authority in October last year and in July this year.

In the previously cited report, Shantha also quotes activists as alleging that once permission to fell trees are given, the same information must be put up on the BMC’s website and be made open to people’s responses.

8) Friday’s initial surprise at the alacrity with which MMRCL moved to cut the trees, gave way to the widespread outrage of Saturday when protesters gathered from all around Mumbai. As many as 29 were arrested. A local magistrate court sent all 29 activists to judicial custody for five days, rejecting their bail plea. Section 144 was clamped in the area.

9) The lack of public empathy towards the BMC and MMRCL’s ’cause’ could well become a colossal sore point in this election season. Maharashtra is going into assembly elections later in October. Shiv Sena, which has control of the BMC, has therefore conveniently aligned itself with the protesters and called the Supreme Court stay a ‘victory’. The party, in its mouthpiece Saamna, tore into its alliance partner, BJP over what it called “the murder of trees”.

Aaditya Thackeray, the first person from the state’s most politically powerful family, has also been tweeting often on the issue.


10) The case will be heard on October 21, after the Dussehra holidays are over.

Supreme Court Stays Felling of Trees in Mumbai’s Aarey Until Further Orders

The court also ordered the release of all environmental activists who have been detained.

New Delhi: The Supreme Court on Monday ordered that no more trees be cut in Mumbai’s Aarey forest until October 21, when it would hear a plea against the government’s decision to clear the area for a metro car shed.

The court also asked all activists who have been detained for protesting the government’s action to be released.

According to LiveLaw, solicitor general Tushar Mehta, appearing for the Maharashtra government, undertook that no further trees will be cut. A Supreme Court special vacation bench of Justices Arun Mishra and Ashok Bhushan said the legality of trees that have already been felled can be decided by the environment bench after the Dusshera vacation.

According to NDTV, the Maharashtra government said that no more trees need to be cut in Aarey as “those that needed to be removed have been cut”.

The bench was constituted after a group of law students wrote to Chief Justice Ranjan Gogoi on Sunday asking the court to intervene and stop the trees from being cut. The students said they were forced to approach the Supreme Court because the Bombay high court rejected an application moved by environmentalists seeking a stay on the cutting of trees until the matter is head before the Supreme Court.

Senior advocates Sanjay Hegde and Gopal Shankaranarayanan appeared for the law students who filed the petition. They said the issue whether Aarey is a forest or not is pending in the Supreme Court, according to LiveLaw. The National Green Tribunal is considering whether the area is an eco-sensitive zone and therefore, the authorities should have refrained from cutting down trees until a decision was taken, they said.

Aarey is considered a “green lung” of the city as it is one of the few areas that have dense forest cover. Both the Mumbai Metro Rail Corporation and the BJP-run state government have maintained that Aarey is not a forest area and hence the trees can be axed.

Previous developments

After the Bombay high court on Friday refused to declare the Aarey Colony a forest area. It also declined to quash a Brihanmumbai Municipal Corporation (BMC) decision allowing the felling of over 2,600 trees in the suburban green zone for a metro car shed.

However, the court’s Chief Justice Pradeep Nandrajog had orally observed that he hoped authorities will not start cutting the trees before the petitioners moved the Supreme Court, according to reports.

Authorities began felling of trees at around Friday midnight. On Saturday, activists, citizens, celebrities and politicians began protesting the move. Several politicians were taken into preventive custody and released later. Section 144 of the Indian Penal Code, which prohibits assembly of more than four persons in an area, was imposed around the colony. The 29 environmental activists who were arrested were sent remanded to five-days judicial custody.

The Shiv Sena, which runs the BMC and is a partner in the state government, has vehemently protested the decision to cut the trees. Other opposition parties have also voiced their support for the protests.

Aarey: Protests Intensify as MMRCL Hacks Trees, Several Activists Arrested

MMRCL began felling trees late on Friday night amidst heavy police cover.

Mumbai: City police has cordoned off the entire Aarey colony area in the Mumbai suburbs of Goregaon following massive protests against tree felling by local residents and environment lovers who had gathered in the area since Friday night.

Police have arrested 29 people and several others have been detained at the nearby police chowkie. Section 144 of the Indian Penal Code, which prohibits assembly of more than four persons in an area, has also been imposed around the colony.

A local magistrate court has sent all 29 activists to judicial custody for five days. Soon after their arrests, the activists had moved court seeking bail. The court rejected their plea.

A case has been registered under sections 332 (voluntarily causing hurt to deter public servant from his duty) and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code (IPC) on the complaint of a 28-year-old woman police constable who was allegedly injured in a scuffle between the activists and police.

The agitation began late on Friday night when the Mumbai Metro Rail Corporation Limited (MMRCL), amid heavy police deployment, began cutting trees in the area. Early in the day, the Bombay high court had rejected three petitions filed by different citizens groups against the MMRCL’s decision to fell 2,646 trees in the area.

Aarey, which is considered as a “green lung” of the city, is perhaps the only area that has dense forest cover in the city. Both MMRCL and the BJP government have maintained that Aarey is not a forest area and hence the trees can be axed.

Also read: It’s Aarey vs Metro Rail as Mumbai Continues to Lose Its Green Cover

The operation that began around 9.30 pm, went on till late at night. Several residents, mostly belonging to different Adivasi communities, tried to resist the cutting of trees. “At least 300 of them were axed in less than two hours. When we tried to resist, we were pushed out of the area. Now they have cordoned the entire area off and we are not able to even go nearby,” said Sushma Bhoye, a local resident and an activist.

Soon after the MMRCL decided to take this drastic move late at night, several citizens groups and environment lovers took to social media to condemn the move. Shiv Sena leader Aaditya Thackeray, too, tweeted against it.

Several Sena leaders, who had visited the spot have been put under preventive detention, the police confirmed.

As the day progressed and the MMRCL continued to fell trees, petitioners once again moved the Bombay high court seeking a stay until they could file an appeal before the Supreme Court challenging the high court verdict.

Since Chief Justice Pradeep Nandrajog, who had passed the judgment rejecting petitions against the metro project on Friday was not available, the petitioners moved their plea before a Special Bench headed by Justice S.C. Dharmadhikari on Saturday.

The petitioners claimed that they had made an oral request before the presiding court on Friday for a stay. However, Justice Dharmadhikari observed, “There is nothing on record to show that any request was made to stay the operation, implementation and enforcement of the judgment and order, nor was any specific restraint sought. We cannot proceed on any oral understanding. Merely because another bench has been constituted, it would not be proper to grant any relief. The nature of the relief is such that if it is granted, it would directly contravene the observations, findings and conclusions in the detailed judgment.”

This was a last ditch attempt by the petitioners to save over 2,500 trees in the Aarey colony. Activists said that by late afternoon, MMRCL had already cut more than 1,500 trees. This claim, however, couldn’t be independently confirmed, nor did officials divulge numbers.

Earlier attempts

The Bombay high court while rejecting the petitions earlier, had observed, “The greens (environmentalists) have failed. They have failed in the instant petition because they have lost touch with the procedure to be followed as per law. The clock cannot be put back. We do not make any comments thereon as the petitioner has to now swim or sink before the Supreme Court.”

The court also refused to declare Aarey Colony a ‘forest’ which was one of the primary asks in one of the petitions filed by city-based NGO Vanshakti. The NGO had sought that Aarey Colony also be declared an ecologically sensitive zone, while another petition filed by green activist Zoru Bathena had pleaded that the area be given the status of a floodplain.

A Sena corporator Yashwant Jadhav had also moved court against the Brihanmumbai Municipal Corporation, which is under the control of the Sena itself, for having given the permission to hack the trees. The court has imposed a fine of Rs 50,000 on Jadhav.

Also read: Mumbai Citizens Rue Loss of Hundreds of Old Trees Because of Metro Construction

Activists have accused the MMRCL of flouting rules and going ahead with the felling of trees even when a mandatory 15- days’ notice between grant of approval to cut trees and the actual cutting was not met. Oppositions have also accused the BJP of violating the ongoing Model Code of Conduct in the state by passing a new order and allowing its execution.

Photo: By special arrangement

The MMRCL chief Ashwini Bhide, however, claimed that it was false propaganda spread against the high court’s order. “A new false propaganda is in the air that 15 days’ notice is required after a tree authority order is uploaded on the website. This is absolutely baseless. Tree Authority order is issued on September 13, 2019. Fifteen days are over on September 28. Action was awaited until the honourable high court’s verdict was out,” Bhide wrote on her personal Twitter account.

Amid the ongoing outrage over tree felling, Union minister Prakash Javadekar in Lucknow said that the cutting of trees for the Mumbai Metro was similar to what was done in Delhi during the capital’s city’s metro rail construction phase.

“Today, Delhi Metro is the world’s best metro. But how did it develop? We had to cut at least 20-25 trees for one metro station. People protested then too; in the same way, they are protesting now. Later, we had planted five trees in place of one. And now, in 15-17 years, they have grown. We successfully constructed 271 stations, too. In this way, Delhi’s forest cover also grew and public transport service was provided to the 30 lakh Delhiites. This is how our ministry works. We work on development along with taking care of our environment,” he said.