·The Hindu·15 marks·250–350 words

"Converting urban commons into private real estate reflects the commodification of land in Indian cities." Critically examine with reference to Mumbai.

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In this answer
  1. Evidence of commodification
  2. The counter-view

Urban commons are land held for shared public use: gardens, playgrounds, coasts and land set aside for welfare housing. In Mumbai, India's costliest land market, many of these spaces have been redeveloped as private high-rises. This is largely a case of land being turned into a commodity. However, some redevelopment also rehouses the poor, so the claim is only partly true.

Evidence of commodification

  • Mill lands: In Bombay Dyeing v. BEAG (2006), the Supreme Court upheld the sale of surplus mill land and Maharashtra's changes to the rules for building on it [1]. Prime industrial land then went to malls and luxury towers, and the share left as public open space was disputed.
  • Welfare land sought for commercial use: Century Textiles had been leased a Worli plot to house "poorer classes" of workers. It later sought ownership of the plot. In 2025 the Supreme Court ruled for the BMC and criticised the attempt to profit from land given for a welfare purpose [2].
  • Changes through the rules: A plot's use can be changed through a new reservation status, extra FSI (floor area allowed) or TDR (building rights traded for giving up land). Each change is legal on its own, but together they move public land into private hands.
  • Weak role for city government: The 74th Amendment listed urban planning among municipal functions [3]. In practice, the State government still makes the major land decisions, so residents have little say.

The counter-view

  • Status quo is not just: WHO lists crowding as a major health risk from poor housing [4]. Keeping slums as they are therefore leaves the poor in unhealthy homes.
  • Rehousing: Under the Dharavi Redevelopment Project, residents settled on or before 1 January 2000 get 350 sq ft flats free of cost [5]. Private money pays for rehousing the State cannot afford.
  • Constitutional backing: Olga Tellis (1985) linked shelter and livelihood to Article 21 [6]. Redevelopment that rehouses slum residents on site serves this right.
  • Courts as a check: The Century Mill ruling [2] shows that commons can be won back. However, court cases are slow and protect only one plot at a time.

Overall, the problem is less redevelopment itself than who gains the land value from it. Mumbai should apply the public trust doctrine, under which the State holds common resources in trust for the people [7]. It should also publish every reservation change before approval, write open-space promises into developer contracts with penalties, and split large projects among many bidders. These steps would let rehousing go ahead without giving up the commons, in line with SDG 11 and the constitutional promise of a dignified life.

Sources

  1. 1Supreme Court of India, *Bombay Dyeing & Mfg. Co. v. Bombay Environmental Action Group* (2006): sale of surplus mill land and changes to the mill-land building rules upheld
  2. 2Supreme Court of India, *Municipal Corporation of Greater Mumbai v. Century Textiles*, 2025 INSC 36 (7 Jan 2025): BMC's appeal allowed; welfare-housing land not to be used for profit
  3. 3Ministry of Housing and Urban Affairs, The Constitution (Seventy-Fourth Amendment) Act, 1992: Twelfth Schedule functions of municipalities
  4. 4WHO, Housing and Health Guidelines (2018): crowding as a major housing health risk
  5. 5Dharavi Redevelopment Project, Govt. of Maharashtra: Entitlement: free 350 sq ft flats for residents settled on or before 1 January 2000
  6. 6Supreme Court of India, *Olga Tellis v. Bombay Municipal Corporation* (1985): right to livelihood and shelter under Article 21
  7. 7Supreme Court of India, *M.C. Mehta v. Kamal Nath*, (1997) 1 SCC 388: public trust doctrine (judgment page not verified; links to the Supreme Court site)

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