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The Case of Kathputli: Implications of In-Situ Public Private Partnerships in Delhi

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The Case of Kathputli: Implications of In-Situ Public Private Partnerships in Delhi The Case of Kathputli: Implications of In-Situ Public Private Partnerships in Delhi Patrick D. Flajole A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in International Studies The University of Washington 2015 Committee: Sara Curran Manish Chalana Program Authorized to Offer Degree: Jackson School of International Studies ii ©Copyright 2015 Patrick D. Flajole iii This thesis was reviewed and approved by the following: Sara R. Curran Associate Professor of International Studies and Public Affairs Associate Director, Center for Studies in Demography and Ecology Manish Chalana Associate Professor, Urban Design and Planning Adjunct Associate Professor, Landscape Architecture Adjunct Associate Professor, Jackson School of International Studies iv Abstract The Case of Kathputli: Implications of In-Situ Public Private Partnerships in Delhi Patrick D. Flajole This thesis presents ethnographic research from Delhi, India to suggest novel ways in which citizenship is understood through the context of decades of liberalization and a marked legal emphasis on property and individual rights. New articulations of civic rights based on identities of the urban poor effectively dismantle the significance of legally instituted regimes of differentiated citizenship and downplay the role of compensatory equity as a means of addressing inequality. In order to demonstrate how identities and citizenships are transforming in this context, the current planning paradigm and models of slum rehabilitation employed by the government of Delhi are examined. In particular, the public private partnership (PPP) model employed in the resettlement of the Kathputli Colony will serve as a focus for this thesis. Findings regarding citizenship are based upon more than thirty qualitative interviews conducted in a slum settlement – Kathputli Colony- selected for eviction conducted. The author along with a team of fellow researchers conducted these semi-structured interviews on site in August 2013. At the time of the interviews, residents of Kathputli Colony were distrustful of the law and yet acknowledged that it may be their only means of advocating on their own behalf. Though many residents were and are entitled to resettlement flats due to their differentiated citizenship status, the imposed illegality of their current living conditions has limited their options for political patronage and legal recourse. Consequently, residents are seeking alternative means of defining themselves in order to prove their eligibility and status as citizens, in order escape the illegality of being of a squatter in Delhi (Roy 2009; Mitra 2010; Sundar 2011). v Through its focus on the Kathputli Colony - one of Delhi’s numerous informal settlements - these new forms of identities and modes of negotiations that residents actively employ in order to achieve legitimacy and full citizenship status are explored. While a PPP model has been used in the case of Kathputli Colony, the citizenship struggles elucidated by this case are not unique to this form of resettlement and are indicative of a more enduring trend in the management of informal areas. vi The Case of Kathputli: Implications of In-Situ Public Private Partnerships in Delhi Patrick D. Flajole vii Table of Contents Table of Contents ................................................................................................................................. vii Abbreviations ....................................................................................................................................... viii Introduction ............................................................................................................................................. 1 Background ............................................................................................................................................. 9 Law and Policy of Resettlement ........................................................................................................ 36 Instantiation of Citizenship claims ................................................................................................... 53 Conclusion ............................................................................................................................................. 67 Appendix 1: Revised Guidelines of GNCTD for allotment of EWS houses to Slum dwellers- eligibility and procedure ..................................................................................................................... 72 Appendix 2: Raheja Rendering of Future Development in Kathputli Colony ....................... 74 Appendix 3: Map of Delhi and Location of Kathputli Colony ................................................... 75 Appendix 4: Floor Plan of Proposed Resettlement Units ............................................................ 76 Appendix 5: Transitional Camp Units ............................................................................................ 77 Appendix 6: DDA Numbering System ............................................................................................. 78 References .............................................................................................................................................. 79 viii Abbreviations BBK Bhule Bisre Kalikar DDA Delhi Development Authority DUSIB Delhi Urban Shelter Improvement Board ECI Election Commission of India EWS Economically Weaker Section GDP Gross Domestic Product JJ Jhuggi- Jhopri Jawaharlal Nehru National Urban JNNURM Renewal Mission MCD Municipal Corporation of Delhi MPD Master Plan for Delhi NCT National Capitol Territory of Delhi PPP Public-Private Partnership RAY Rajiv Awas Yojana SC/ST Scheduled Caste/ Scheduled Tribe UN United Nations ix Acknowledgements First and foremost, I would like to thank the people of Kathputli Colony for spending countless hours sharing their stories. Although I hope that bringing attention to the issues that have arisen in the resettlement will ultimately impact future policies pertaining to housing; residents were gracious with their time and asked for nothing in return. Additionally, this thesis could not have been possible without the guidance and support from Sara Curran and Manish Chalana. Finally, I would like to thank Susmita Rishi. Her assistance with translations in the field and countless hours spent collaborating on ideas have been invaluable. Thank you. 1 Introduction Election Season On March 24, just weeks before the commencement of the first phase of the 2014 Indian General Election, the redevelopment of a relatively small squatter settlement, home to just over 3,000 families became a critical issue of contention in the New Delhi constituency.1 Candidates from each of the major political parties challenging the incumbent Congress-run government of Delhi made allegations of a scandal in the management of the resettlement of Kathputli Colony, a squatter settlement located in West Delhi. Meenaski Lekhi, a national spokesperson for the Bharativa Janata Party (BJP), demanded action on the matter, asserting that, “It appears that some sort of land scam is involved in the name of the artisans of the colony…In the name of redevelopment, prime land has been handed over to private companies at a very cheap rate. We demand a [Central Bureau of Investigation] enquiry into the matter.”2 Although the specifics of the Kathputli development arrangement are concerning when considered individually, Lekhi further vilified Congress’s past precedent and policies pertaining to the housing of the poor, claiming “The Congress has over the past decade committed numerous acts of corruption against the people of this country.”3 This spat of allegations came about in the aftermath of the Kathputli Colony case being brought before the Delhi High Court by a group of residents prepared to pay the land costs equal to the amount paid by the private development firm4 that partnered with the land-owning agency in charge of the in-situ redevelopment of Kathputli (the Delhi Development Authority [DDA]). 1 3,000 is a number that has been determined by the DDA. This count has been questioned and a self survey is currently being conducted by residents of Kathputli Colony. 2 “Meenakshi Lekhi alleges scam at Delhi’s Kathputli Colony” The Times of India 29 March 2014. Online. 3 “BJP alleges scam in Kathputli project, demands CBI Probe” Hindustan Times 29 March 2014. Print. 4 Raheja Developers Limited. 2 In total, nearly 13 acres of land are targeted for redevelopment in the project, of which Raheja will receive approximately 3 acres to construct apartments to be sold at market rates.5 In the Delhi High Court, residents also rejected the legitimacy of the redevelopment on the grounds of erroneous enumeration practices6 used in determining eligibility for resettlement as well as objecting to the stifling living conditions the proposed resettlement units would likely have on their livelihoods. Justice Hima Kohli of the Delhi High Court adjourned the matter on March 20, encouraging residents to take up their complaints directly with the DDA while recommending that the DDA take complaints into consideration and conclude their decisions on the matter within four weeks.7 After a failure to appeal for legal intervention and with national elections looming early in April, a stop notice on the eviction process in Kathputli Colony was issued by The Election Commission of India (ECI) in respect of the Model Code of Conduct, which prohibits
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