Urban planning, development and social justice the case of industrial relocation in delhi

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School of Public Policy and Governance Tata Institute of Social Science, Hyderabad WORKING PAPER SERIES NO. 1, DECEMBER 2015

Urban Planning, Development and Social Justice: The Case of Industrial Relocation in Delhi

Priyanka Nupur

 

School of Public Policy and Governance Tata Institute of Social Sciences, Hyderabad Roda Mistry College of Social Work and Research Centre, Opposite Biodiversity Park, Gachibowli, Hyderabad, Telangana - 500008 Email : sppg-si@tiss.edu Website : http://goo.gl/mQGBpF

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About Student Working Paper Series The Student Working Paper Series, is an attempt by the School of Public Policy and Governance, at Tata Institute of Social Sciences, Hyderabad to assimilate papers being worked upon the topics that will help enrich the public discourses by improving upon the clarity, accuracy and sophistication of discussions on the nation's Public Policy. About School of Public Policy and Governance The School of Public Policy and Governance (SPPG) is a novel research based teaching and training space designed to equip young professionals to contribute to the policy area research. SPPG provides opportunities to its students to think beyond conventional models of growth and development, and encourages them to generate ideas for developing institutional frameworks for accountable governance and the establishment of a socially equitable society. Its programs and activities are designed to create an environment for the well-trained scholars to access and collect information about contemporary policies and activities surrounding them so that they can produce timely research and undertake analysis on key topics of Public Policy. SPPG TISS - HYDERABAD

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Urban Planning, Development and Social Justice: The Case of Industrial Relocation in Delhi - Priyanka Nupur1

Abstract  The paper looks into the environmental movement in Delhi in the decade of 1980s and 1990s, which led to relocation of a huge number of industrial units from the city to the peripheral areas. Exploring this environmental debate in context of larger urban planning, the paper discusses critical questions concerning Master Plan and its implementation, the class based perspectives on good environmental and the desirable city and the threat to social justice that emerges from a partial understanding of problems and solutions applied in the urban space. The paper uses empirical findings from Bawana Industrial Area, a new industrial area created in the aftermath of relocation judgment, to uncover the experiences and ideas of relocated industry owners and workers who are currently functional in Bawana. The paper argues that the environmental debate lead to a larger process of cleansing the city of elements deemed unfit for an aesthetic and modernist landscape. At the same time, it questions the sustainability of a city which ignores the holistic development of the city and forces solutions which create a threat to social justice. Key words: urban planning, environment, social justice, industrial relocation

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Priyanka Nupur, Research Scholar at Centre for Study of Law and Governance, Jawaharlal Nehru University presented this paper at the Graduate Seminar on Well Being Growth and Development organised by the School of Public Policy and Governance from 27th - 29th April, 2015.

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Introduction City spaces entail plethora of activities like residence, production, trade and commerce, and simultaneously provide opportunities for consumption, socio-cultural and economic exchange, leisure and services (Friedmann, 1962; Glaesar et al, 2001; Scott, 1997; Mega, 2005). The urban space is also marked by conflict and contestations which are manifested in various dimensions such as space, resources, opportunities, identities and many such domains (Harvey, 2003; Leitner et al, 2007; Philip & Mercer, 2002; Crawford 1995; Blomley, 2003; Malone, 2002; Roy, 2011). Competing notions of development of the city, its spatial planning and distributive aspects, aesthetics, understanding of the urban problems prevails such that certain groups are able to voice their demands and concerns more articulately than others. This articulation has various socio-political factors underlying it. What needs to be noted here is that the partial view of urban problems leads to its imperfect understanding and hence biased views on solutions. This may lead to implementation of urban solutions which, on one hand, do not solve the problems and, on the other hand, have unjust impact of certain vulnerable groups who are not able to participate or represent themselves in the political processes of city planning. This paper explores this issue through case of Delhi. The paper explores the environmental issue that emerged in Delhi during the decade of 1980s and 1990s. The environmental debate became embroiled in various other elements of planning, zoning and bureaucratic inefficiency, of non-implementation, spatial distribution and recognition of certain types of rights of certain sections of the population. It finally resulted in the Supreme Court judgment of 1996 which mandated the relocation of polluting units to the fringes of the city. After almost 20 years of the judgment, it is important to revisit the debate to understand if the solutions offered at that time were successful. Also, it becomes necessary to enquire if the urban plan based on the idea of zoning brought justice to the working population. This paper, through the empirical findings from the new industrial area of Bawana, argues that the partial understanding of the environmental problems in Delhi led to an inappropriate solution that has resulted in exclusion of the

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workers from the larger fabric of the city while imposing several constraints on the industry owners in the new industrial area. While the environmental issue took up a class dimension, it created a threat to social justice for the workers. City and the Changing Landscape Desire for a modern, aesthetic, clean socio-cultural space, occupied by the civilized gentry is not new. At various instances, modernist ideals2 have played important role in guiding the changes in the city. Modifications in the order, layout and planning of the city have been strategized around the ‘constellation of issues that are bundled together as environmentalism’ (Sharan, 2006: 4905).3 These ideas of good environment and city planning can be seen in context of what Margo Huxley calls generative spatial rationality (Huxley, 2006).4 Post industrialization, the desire of the city to get rid of the pollution led to a reorientation of human relationship with their physical environment, which took a shape of reimagination of the city, the environment within it which involved production of

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Modernization theories were rooted in evolutionary logic which suggested that development required a shift from the traditional forms of life to a modern form. It viewed development as a liner progression from one stage to another. Various ideas became the characteristic features of this developmental regime. Economic growth became a central idea in this approach to development; within this line of thought, environment came to be viewed as a major repository of resources which was deemed necessary to fuel the engine of economic growth. With these ideas in vogue, economic degradation became a norm. Post war period witnessed huge development projects to create urban infrastructure for the industrial economy including the water and sanitation systems, electrical systems, roads, factories, warehouses, port facilities, and construction of government infrastructure, dams, highways (Short and Short, 2013: 42). 3

According to Sharan, the major constituents of this idea of environmentalism included infrastructure and public health, nuisance and noxious trade, pollution and zoning, standards and techno-science, and environmentalism through legal rights. It was in these domains that most of the changes in colonial Delhi post-mutiny were implemented. 4

Huxley discussed three kinds of rationalities which can be found in the spatial planning of cities: dispositional rationality, generative spatial rationality, and vitalist spatial rationality. Dispositional spatial rationality is rooted in the desire for order and organization of city elements into clean compartments that make them easy to be seen, understood, controlled and more legible. Generative spatial rationality draws from the notion of public health and supposes that disease and moral decay occurs due to bad environment. It problematises the accumulation of diseased and unproductive bodies and argues that light, air, sanitation, circulation and hygiene would repair the physical and moral damage by creating diligent working class. Vitalist spatial rationality believes in the uniqueness of a city in terms of history, natural environment, location and experiences of evolution. City transformation during the colonial times can be related to generative spatial rationality due to its obsession with hygienic space.

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post-industrial landscapes and cleaning up of toxic sites. Short and Short

(2013:77)

explain this reimagination in the following words: Cities such as Manchester in the UK, Syracuse, Pittsburgh and Milwaukee in the United States, and Wollongong in Australia all have been (re)-presented in more attractive packages that emphasize the new rather than the old, the fashionable postmodern rather than the merely modern, the post industrial rather than the industrial, consumption rather than production, spectacle and fun rather than pollution and work.

These transformations, however, did not take into account the notions of equity and justice. Rather, they were a representation of class-based ideals of what was desirable and what was undesirable to exist within the city.5 The gentrification that results from such a process of change has been referred to as ‘new urbanism’ by Neil Smith (2002: 430). Such an imagination and creation of the urban space results in exclusion of a number of groups, work, and activities from the city landscape resulting in conflicts. Commenting on the modernist project of planning, James Holston (1999: 165) comments, ...modernist planning does not admit or develop productively the paradoxes of its imagined futures. Instead it attempts to be a plan without contradictions or conflict. It assumes a rational domination of the future in which its total and totalizing plan dissolves any conflict between the imagined and existing society in the enforced coherence of its order. This assumption is false and arrogant as it fails to include as its constituent element, the conflict, ambiguity and indeterminacy characteristic of actual social life.

Similar contradictions can be seen in case of city planning in Delhi since the British era. In the process of creating a clean and desirable city, Delhi witnessed criminalization of many established occupations and activities (such as tanning, dyeing, tehbazaari, leather trade, lime kilns, and slaughter houses) which were either fined or relocated outside the city (Sharan, 2006). The changes that took place in Delhi led to dispossession on part of the

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Such inequity is underlined in the example of Rajarhat in Kolkata (Dey et al, 2013: 25) which witnessed the development of a new township, mainly for habitation, a process which was accompanied by dispossessions of people within Rajarhat, forceful acquisition of land and violent conflicts. It led to a breakdown of the traditional subsistence economy, harmed the fragile environment while the development of the new township led to filling of state and corporate coffers. The new township did not facilitate the ‘reintegration of the displaced into the new economy of the new township area’.

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working class. It led to a defined distinction of city space in terms of space for residence and space for livelihood. Also, it gave rise to conflict of interest between the upper class and the working class as the occupations which were threatened by the city transformation mainly involved the working class (ibid.). With partition, Delhi faced the challenge of accommodation of migrants (Dupont 2004) which posed a huge burden on the infrastructure and resources of city, demanding prudent management. With the development of first Master Plan of Delhi (MPD) in 1962 by Delhi Development Authority (DDA), with the assistance of Ford Foundation the state embarked upon its journey of planned city in the modern times. The planning and modification of Delhi with a renewed distribution of urban space that was very much visible in colonial Delhi, took a new vigor and form, backed by the intention of the state and the legitimacy provided by it. MPD 1962 echoed the idea of a city which would not grow haphazardly but would be planned and zoned. Hence developed the new plan that imagined a space with differentiated spaces for various land use purposes. This led to the zoning of the city into ‘a number of use zones such as residential, commercial, industrial, and recreational’ (MPD 1962). The plan faced much criticism as it was seen to be embedded in modernist vision of planning which overlooked the organic growth pattern of the city. It was said that the modernist vision of the city enshrined in the plan was completely out of sync with the economy, society and polity of a post colonial Third World country (Batra, 2004). Nevertheless, the Master Plan remained the basis of all further developments in the city. The case of Industrial relocation, which will be discussed in the paper, came to be centred on the violation of the prescription of the Master Plan regarding the areas in which industrial development could take place. Economic restructuring opened up opportunities for huge investments in the country especially in the capital city; this necessitated the development of a desirable business environment. The new developments and the requirements that they posed stood in contrast to the small industrial and manufacturing process and other informal economic activities in the city (Nigam, 2001). Transformation of Delhi into a cosmopolitan space has

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been accomplished by a series of changes in terms of infrastructure, socio-cultural spaces, transportation, and other arenas (Fernandes, 2004; Tiwari, 2003). Amidst the various changes that had been ushered in the city of Delhi, a particular type of environmental concern was taking shape which has been most popularly associated with the urban middle and upper classes and which Baviskar (2003) called bourgeoisie environmentalism.6 With the growing consciousness of these classes regarding clean environment, there began a problematisation of the urban environment laden with the notions of public health, urban aesthetics and spatial organization of the city. In the backdrop of such a growing concern around environment and with the new tool of public interest litigations, bourgeoisie environmental activism came to play through the courts. Imagination of ‘clean and green Delhi’ came to be expressed through the demands of a city free of poor, slum free city (Veron 2006). The case of industrial closure and relocation of Delhi in the 1990s within the environment debate can be located in a similar background of city’s renewal, modernization and beautification. The following section discusses the environmental debate in Delhi, background of the case and highlights of the judgment of 1996 which ordered for relocation of polluting units. Environmental Concerns in Delhi and Highlights of the Judgement M. C. Mehta, a noted environmental lawyer, filed a petition7 in the Supreme Court of India in 1985, drawing attention to the problem of pollution that was gradually growing in Delhi.8 The judgment in this long pending case was given on July 8, 1996 by Justice

5 Baviskar describes bourgeoisie environmnetalism as a strong force that has come to dominate the political dimension of environmentalism in cities, especially Delhi. She perceives the politics behind relocation of industries to be desire for a clean, green, uncongested city space which is free from the ugliness which the production process entails within it. While the results of production are desired and deemed important for the development of the city, the process itself and the labour involved in it do not fit into the urban landscape that bourgeoisie environmentalism. Industrial relocation is seen parallel to numerous demolition of poor settlements in the name of " M. C. Mehta vs. Union of India and ors, 1996 SCC (4) 750. 7 7 According to Batra (2004), the petition was originally concerned with the air pollution caused by stone crushers in South Delhi and Haryana and it was in 1994 that another petition was filed under the same case drawing attention to the presence of industrial units in non-conforming zones and demanded their closure.

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Kuldeep Singh and Justice Faizan Uddin. Recognizing the issue of pollution in Delhi, the court noted that, Delhi is one of the most polluted cities in the world. The quality of ambient air is so hazardous that lung and respiratory diseases are on the increase. The city has become a vast and unmanageable conglomeration of commercial, industrial, unauthorised colonies and unplanned housing. There is a total lack of open spaces and green areas. Once a beautiful city, Delhi now presents a chaotic picture (M. C. Mehta vs. Union of India and ors, 1996 SCC (4) 750).

The judgement identified the solution in decongestion of the city. It argued that The only way to relieve the capital city from the huge additional burden and pressures is to deconcentrate the population, industries and economic activities in the city and relocate the same in various priority towns in the NCR (ibid.)

The understanding of pollution and the solution proposed by the judgement rooted in the understanding of the Master Plan which extensively proposed zoning criterion in planning (Srinivas, 1998). The judgment saw non implementation of the Master Plan as the root cause of the problem. MPD 2001 (DDA, 1990) prohibited the existence of noxious/hazardous industries in Delhi. Such industries were supposed to be shifted to the NCR regions within three years of publication of the Master Plan. Delhi administration was responsible for identifying and preparing a list of the hazardous/ noxious units which were to be shifted out of Delhi within three years (ibid.). However, the court noted that no action had been taken in this regard even after three years. Delhi administrations as well as the hazardous industries were held responsible for the illegal functioning of industries. The court held this to be violation of Master Plan and did not accept offers for modernization of technology. The Master Plan had dedicated special zones for industrial development which were referred to as the conforming areas. In 1995, the court noted that 8,378 industries in Delhi were violating the Master Plan by functioning in the non-conforming areas and were also polluting the environment. Apart from the industries functioning in non-conforming zones, 256 industries functioning in conforming zones were also hazardous and noxious and were to be given notice for relocation. In September, 1995, the court ordered Delhi SPPG TISS - HYDERABAD

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Pollution Control Committee (DPCC) to perform surveys and prepare a list of industries in ‘H’ category. DPCC prepared a list of 341 industries under categories H (a) and H (b), the compilation dated September 25, 1995. Along with this, two other compilations were available: one, dated August 23, 1995 consisted of 171 industries and the second, dated, Nov 3, 1995, consisted of 708 noxious and hazardous industries. This made a total number of 1,220 hazardous/noxious/heavy industries that were to be relocated. However, the categorization of these industries was challenged in the court. The court ordered further enquiry after allowing the discontented industrialists to file objections and held that the decision of DPCC in this matter will be regarded as final. Eventually, 168 industrial units were identified as hazardous/noxious/heavy/large industries and were directed to relocate outside Delhi. These units were directed by the court to stop functioning in Delhi from November 30, 1996 and were asked to relocate to other parts of the NCR region. The question of labour was integral to the issue of relocation of the industrial units. It was suggested in the judgment that ‘since the NCR towns are within the commuting range of Delhi and each other, the labour can either shift to the new sites or at least can keep commuting till they finally shift to the new place’. The judgement stated certain provisions for the labour like continuity of work in the new place, wages during the period of closure along with the shifting bonus. Delhi government executives were given a deadline for relocation till 1999 which was not followed; they sought time till 2004 which was turned down. The second phase of closures began around 2000 and this time, all the units in the non-conforming zones, whether polluting or non-polluting were targeted (Kathuria, 2001) Also, this time, no compensation was awarded to the workers.

Controversies and Contradictions: The Alternative Views Following the judgment, debates emerged from different quarters including academicians, environmental and labour activists, and lawyers. The logic of relocation was derived from the violation of the Master Plan by the industries. However, the debates

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that emerged in this context questioned the Master Plan itself. The anticipations in the Master plan regarding the residential and industrial growth proved to be wrong (Srinivas, 1998: 449). Also, whatever targets were set in the Master Plan, even those were not fulfilled by the state agencies (Ahmed & Choi, 2011). DDA was charged with violating its own mandate of equity when instead of developing facilities for the urban working class, it subsidized the facilities for the rich (Maitra, 1991). Since the actual demand for industrial infrastructure was more than that projected in the Master Plan (along with failure of meeting the targets set in the Master Plan), industries came up in the nonconforming areas support of the local politicians (Kathuria, 2001). At this point, when the industries in the non-conforming areas were being charged with violation of the Master Plan, it is important to note that other cases of violations were treated differently (Kumar, 2006), depending on who was the violator and what logic for violation was put forth. Infrastructural development during Asiad Games, demolition of settlements in Yamuna Pushta, development of Malls in the Southern Ridge were some of the cases.9 Labour issues and how their concerns (employment, compensation and environment) were treated also became important dimension of the debate. It was noted that throughout the case, industrial workers were not considered as an affected party (Navlakha 2000), despite the fact that workers were one of the first victims of industrial pollution both as an employee and also in their roles of family and consumers (Heine & Mautz, 1990; Kundu, 2003). While the judgement laid out terms and conditions regarding protection of workers during the process of relocation, it said nothing regarding Examples of bias of state and judiciary can be drawn from the development of infrastructure during the Asiad Games held in 1982 which came up in violation of the Master Plan (Kumar, 2006). Another example is the demolition of settlements in Yamuna Pushta on charges of polluting river Yamuna (Baviskar, 2011). While the lower class settlements in Yamuna Pushta were charged with polluting the river Yamuna, Sajha Manch, a collective of NGOs in Delhi, in their studies revealed that owing to the low rate of resource consumption, the people in the settlements contributed hardly 0.4 % of the total pollution in the river. While industrial sewage was a major polluter, a massive amount of pollution was being caused by the sewage discharge from the colonies consisting of the upper and middle class populations. It was reported in a study in the years following the demolition of approximately 40,000 jhuggis which displaced nearly 2 lakh people, Central Pollution Control Board found no conclusive evidence of improvement in the quality of water in Yamuna. However, the same area witnessed the construction of Metro Rail Depot, Delhi Secretariat, and the Akshardham temple being built on the riverbed of Yamuna in complete violation of the plan (ibid). Construction of Malls in the Southern ridge of Delhi was upheld, despite being in contradiction with the MPD. Ghertner (2011) noted, “…the DDA suggested that the visual appearance of the future mall was in itself enough to confirm the project’s planned-ness. How could a project of such strategic importance in Delhi’s effort to become a world-class consumer destination not be planned, the DDA’s lawyer argued. Even after its own ‘Expert Committee’ found the complex in “flagrant violation” of planning law, the court concurred in early 2007, allowing construction to go forward based on the mall’s capital-intensiveness and associated world-class appearance.” 9

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protection of employment of the worker after the factory relocated (Srinivas, 1998: 447). Workers, at a jan sunwayi (public hearing), held by Dilli Janwadi Adhikar Manch in 1997 reported of being forced to leave their jobs before the closure date so that the units had lesser number of people to compensate (ibid.). On the other hand, some of the factory owners complained that they had to pay the workers despite the function of their units being suspended (ibid., 448). The most critical question that came up was if relocation of industries could solve the problem of pollution. It has been argued that relocation did not solve the problem of pollution; it merely transferred the pollution from Delhi to other neighbouring areas (Kathuria, 2001). On the contrary, while the polluting units were ordered to be moved to peripheral areas of Delhi, no mention was made regarding improvement and quality of life in the peripheral areas where new industrial areas were to be developed (Kundu, 2003). This was seen as a small cost to be paid by peripheral citizens for the health of people within the city of Delhi (ibid.). While pollution and health of the citizens was being debated, the court did not grant any compensation to the workers for health issues that originated from their occupation in the polluting units (ibid.). Relocation of industrial units can be perceived as one of the many facets of bourgeoisie environmentalism, defined by the upper class concerns of aesthetics, hygiene, leisure which shape the notions of desired environment (Baviskar, 2003).10 There is also a discursive use of the concept of nuisance which allows private grievances to be expressed in terms of environmental welfare and public interest (Ghertner, 2012). Bourgeois environmentalism merges itself with the disciplinary designs of the modern city planning (Baviskar, 2003). Relocation, which was a result of obsession with upper class notions of environmentalism, did not provide a long term solution to the issue of

"10 Baviskar describes Bourgeoisie Environmentalism as a strong force that has come to dominate the political dimension of environmentalism in cities, especially Delhi. She perceives the politics behind relocation of industries to be desire for a clean, green, uncongested city space which is free from the ugliness which the production process entails within it. While the results of production are desired and deemed important for the development of the city, the process itself and the labour involved in it do not fit into the urban landscape that bourgeoisie environmentalism. Industrial relocation is seen parallel to numerous demolition of poor settlements in the name of ‘public purpose’. Bourgeoisie environmentalism, Baviskar argues, stands to threaten the interests of lower income groups and the labour class.

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pollution; it merely shifted the problem to other areas and delayed the impact on the original locations (Gupta, 2003). In the consequent years, new industrial areas were developed. Almost two decades have passed since the judgement for relocation came. While revisiting the debate, it is important to study the concerns of the relocated industrial owners and workers who are functional in the new industrial ares located on the periphery of Delhi. The following section discussed empirical findings from Bawana Industrial Area, one of the new industrial areas that were developed.

Bawana Industrial Area: A Case Study Following the Judicial order for relocation of industrial units from Delhi, the two phases of relocation moved the factories to the neighbouring areas of Ghaziabad, Haryana, Alwar, Baddi and other places. In the vicinity of Delhi, Bawana was one of the sites where land was acquired for the development of new industrial area.11 Development of this new industrial area was conceived as a part of the solution to reduce the pollution levels in Delhi. In the interim period, between the closure of industrial units and the allotment of plots including development of required infrastructure and commencement of their functioning at the new site in the Bawana Industrial Area, all the units remained closed, and their labour unemployed. When the functions resumed after allotment of plots to relocated units and rebuilding of factories, merely 30% of the previous workers returned to work; the rest either took up other jobs or returned back to their villages (Srinivas, 1998). This section is based on the fieldwork conducted in Bawana Industrial Area in

"11 The region of Bawana lies near the North West border of Delhi in the North-West tehsil and district of Delhi along with the neighbouring areas of Nangal Thakran, Bajitpur, Daryapur, Majra Dabas, Sultanpur Dabas and Ghogha, Holambi Kalan, Pooth Khurd, Khera Khurd, Ali Pur. Earlier, the area was characterised by large tracts of farmlands belonging to the farmers of Bawana Village, which was bought from them for development of Industrial Area. Delhi State Industrial and Infrastructure Development Corporation (DSIIDC) was responsible for land acquisition, demarcation of plots and allotment to the industrial units that were relocating to this area. DSIIDC collaborated with RITES Ltd., Architects' Bureau, Redecon and Tetra Tech for the development of acquired land into an industrial estate at Bawana. The structural plan of Bawana Industrial Area was approved by the Technical Committee of DDA in 1999 following which the area was developed.

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2014.12 Based on the narratives from the field, the section highlights the experiences of the unit owners and workers (in terms of relocation and current situation in Bawana), issues of environment, services and notions in context of changing city and the emergent contradictions.13 Experiences of Relocation The order for relocation led to loss of employment for the workers, setback to the business for the unit owners, and a huge issue of physical relocation of the work to the peripheral area which had underdeveloped facilities. According to a respondent,14 the government was supposed to develop the new industrial area on a no profit no loss basis. However, he added, “the land which the government bought for Rs 300 per yard, it sold to us at the rate of Rs 3000 per yard�. Respondents complained that they, by agreeing to relocation got into the trap while many others paid bribes and their factories continued to function in their original locations. The official process for the allotment of plots was through a draw, but the unit owners believed the draw to be mere pretence and bribery played a major role in determining where the plot was allotted. Those who could afford to pay heavy bribe were able to get plots in the sites within the city of Delhi like Okhla or Jhilmil Industrial area. Out of these only 27,000 applications were approved and out of those 27,000 units whose application for allotment was approved, 5000 units are still waiting for allotments. Some units were allotted plots in Bhorgarh, but there was no infrastructure (water, electricity, sewerage, police) around which factories could be started again.

"12 Bawana Industrial Area is spread over an area of 755 hectares. It consists of 5 sectors, each of which is further divided into a number of blocks. The area face huge connectivity problem as there is negligible presence of public transport. There are other private service providers who run RTV and Gramin Sewa. between Rithala Metro Station and Bawana J.J. Colony. However, none of the services ply through the industrial area. The Gramin Sewa at times will drop the passenger in the desired block of industrial area on request, provided they find it convenient. Other than that there is no means of commutation within the area if one does not use a private vehicle. Due to the problems of commutation within the industrial area, the study for data collection was restricted to 1 and sector 3. These sectors were in proximity to the roads where vehicles plied hence, more accessible and safer. "13 34 respondents were interviewed comprising of 10 unit owners, 19 workers (15 males and 4 females), and 5 supervisors. Among the workers, only 5 had experienced relocation and all were males. Loosely structured interview guides were used to generate information from the respondents. " The identity of the respondents has been kept confidential. 14

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The units owners reported that it was due to lack of legitimate industrial zones and infrastructure (that the government was required to develop) that they had to set up their work in non-conforming zones. The unit owner highlighted the paradox that while water and electricity connections were provided by the state agencies to their set ups, later the same state deemed them illegal. It was also brought to notice that time and again bribe had to be paid for running the factories. When the issue of pollution arose, the respondents came to know about it only after the initial orders were passed. The court could not take into account the concerns of the unit owners or the labour as the state had not taken enough care to present it. When the knowledge of the order reached the factory owners, they approached the court which softened its stand to some extent. However, the haphazard manner in which the events took place, there was no proper identification of polluting and non-polluting industries and all the units in non-conforming areas were attacked. Factory workers who had experienced relocation suggested that the whole pollution issue was a way of driving away the working population from the city. They felt that the gentry wanted greenery and cleanliness around them while work of poor people was considered polluting and hence was attacked. One of the supervisors added that the benefits which came from the factories to the economy were desirable for the government; but the people involved in this process had become undesirable. The workers who had continued to work in the industries after relocation argue that they have seen phases of complete unemployment or part time employment with meagre wages. Since struggles and resistance had emerged from the unit owners, NGOs, and the workers, there was some hope but it soon became evident that the worker will not receive anything. Some of the workers who had developed skills by working in the industries had to take up unskilled work after loss of employment. After relocation they have been working in units different from previous ones and some had to learn new skills without any significant assistance.

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Issues of Environment Despite the fact that the whole issue of relocation was a consequence of environmental debate, the workers suggested that the issue had much more to it than merely an environmental agenda. This was mainly because the environment in the new industrial area was hardly monitored. Some unit owners suggested that even after relocation, they have brought no changes in the method of functioning. They suggested that if the relocation was really about pollution, then pollution committee would have been checking this area also, but no sincere pollution check was being maintained. Polluted work environment had become a norm for the workers. While the workers did complain of health problems emerging out of their working conditions, it was considered a necessary part of the work from which there was no escape. Some workers differentiated between the perception of environment that was being debated in Delhi and their own work environment. They said that the discussion of environment was all about how a city should look beautiful and the debate at no point considered the working or living condition of the workers. One of the respondents also raised the question if Delhi was now clean after relocating industries. Another pertinent question raised by one of the respondents was about the environment of the areas surrounding the new industrial location. Why was the government not concerned about what will happen to the environment of neighbouring areas of Bawana Industrial Area. This reflected the most fundamental gap in the understanding of environmental problems and their solutions being practiced. Services in the New Industrial Area Proper services were found to be lacking in the new industrial area. Drinking water supply was insufficient despite the water pipelines that had been laid by the government. On the rare occasion when water was supplied through the pipeline, it was hardly for two hours in a day. Availability of informal services like rehris for food, dhabas, tea etc. on which the workers relied was no more existent in the new industrial area as the informal markets, running parallel to the industries in the earlier locations, were no more present. SPPG TISS - HYDERABAD

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The absence of approach roads was another problem due to transportation of raw materials to the area was very difficult. In the absence of markets nearby, purchase of even small inputs for their industry needs to be sourced from distant markets such as Nangloi, Wazirpur or Piragarhi. This again had an impact on the productivity of the factories. The unit owners faced another problem of availability of labour for loading, unloading and transportation of goods. Lack of health services was a critical issue faced by the workers in the new industrial area. In the factories, accidents or physical harm was very common. A government hospital (Valmiki Hospital) was located at a distance of 2 km from the Industrial Area. However, they refused to treat the accidents that happened in the factories. ESI hospitals are supposed to cater to the population in the industrial areas. However, the nearest ESI hospital was located at a distance of 10 km in Rohini. While there was a private nursing home to which the government hospital referred the industrial accidents, the cost of treatment remained high. Some first aid provisions were maintained within the factories but they were not enough, considering the threats that the labour faced in its work environment. Relocation to Bawana gave rise to the problem of accessibility for both the industrial unit owners and the workers and proved to be a huge setback in terms of availability of workers. Owing to the distance from the central part of the city, and lack of proper public transportation, commutation time and cost increased. This had an impact on availability of labour for the industries. Some of the workers rented accommodation in neighbouring areas of Bawana and commuted daily by cycle. Owing to high rent and meager wages, the workers could no longer afford to stay with their families. Also, given that there were no proper educational facilities around the area that could be accessed and used by the worker, the children were sent back to villages. There were many workers who could not even afford to rent accommodation in the nearby areas and soon left jobs. To solve the problem, some of the unit owners had created space in their factories for the labour to stay but the families could not stay with them. When the industrial area was developed, there were plans of building 5000 flats for the workers. Each factory owner could apply SPPG TISS - HYDERABAD

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for a maximum of three flats for his workers. Initially, around the year 2006-07, some 6000-7000 flats were constructed. However, no facilities of water or electricity were provided in these flats and hence they remained vacant. In the recent time, some work had again begun in these flats. While the labour houses are now being provided with facilities, a unit owner sceptically observed “we don’t know if these will be given to the labour or will be sold under some housing scheme�. Safety conditions were poor in the area and the factories were vulnerable to thefts at night. The workers suffered from instances of loot. Female workers especially felt vulnerable as there were very few women workers in the area. Also, emptiness of the roads in the industrial area, insufficient transportation facilities and lack of activities around the factories added to the feeling of insecurity.15 The Context of Changing City, Social Life and Emerging Contradictions While the issue of environment was the triggering factor in the whole debate of pollution and industrial relocation in Delhi, the workers and unit owners interviewed in Bawana Industrial area were of the opinion that it was an issue of who should be a part of the beautiful city and should be excluded from it. On e of the unit owners suggested that after relocation, state officials were not worried about the environment of the areas to which industries relocated. It was reported that in the last four years no environmental monitoring had been conducted. An interesting question posed was that the city sprawl will continue; where will the factories be further pushed? The unit owners asserted that they contributed to the economic growth rate of Delhi but since their work was not sophisticated enough for the modern look of Delhi, they were removed on environmental pretexts. Unit owners reported that due to relocation and the associated problems, many units became uneconomical and closed down. In Bawana Industrial Area, large numbers of units were observed to be closed. People said that either they have closed down due to losses or they have returned back to the city and "15 The female workers suggested that activities, markets, etc. which kept the spaces busy reduced the feeling of insecurity. On the other hand, desolate spaces heightened the feeling of insecurity.

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functioning illegally due to collaboration with the local authorities. Also, despite the huge amount of furore that was created over relocation, a huge number of factories continue to function in the old areas. It was realised by the actors in Bawana that the relocation has not really addressed the problem of pollution, despite the fact that whole controversy started with this issue. The Question of Social Justice The relocation of industries as a solution to the issue of pollution had dire impact on the workers in the area. While the workers who had been a victim of relocation suffered for a long time, even the new labour that enters the industrial area faces the problems which have continued to emerge as a result of relocation. The environmental justice16 perspective may support the removal of industries from the densely populated areas of Delhi, it cannot be ignored that the new location of industries happens to be an area which consists of population less powerful in terms of representation than those who voiced their concerns 18 years ago. In fact, a closer analysis of the situation presents a picture of reversal of environmental justice in case of Delhi. The group voicing demands of clean environment, free from industrial hazards was not a minority population as has been the focus of environmental justice theories. Rather it was the voice of the privileged in Delhi that was heard that gave rise to injustice for labour. When the ideal of distributive justice is applied in the case of environment in Delhi, certain problems emerge. Applying the ideal of distributive justice demands us to look at environment in the form of a common good that needs to be distributed properly. In the case of Delhi, controversy arose due to the fact that certain groups realised that presence of industrial units in the vicinity of residential areas was leading to loss of the common good that is environment for them. In the process of meeting out justice to the people of Delhi, when the order for relocation

"16 Environmental justice movement that took shape in the US during 1980s recognized that the people of colour were disproportionately influenced by the toxic environmental externalities. Developing with the background of environmental racism, environmental justice soon began to identify class, culture, gender to be important in understanding how the environmental bads were being distributed in the society among the vulnerable while the rich continued to be the major consumers and polluters.

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of industries was passed, there was no mention of the environment of the labour. Labour as part of the city also has rights to enjoy good environment. However, the environment of labour did not form part of the common debate, let alone be defined and secured. Also, while the environment as a common good is being distributed, the right of labour over the city is being hampered in the process of securing environmental right. Lack of representation of workers in the case related to pollution can be seen first and foremost element of injustice. The case was initiated by an environmental lawyer and had the support of the upper and middle class citizens whose view of city and space was increasingly being framed by the dominant discourse of world class city. As one of the respondents had shared that when the unit owners came to know about the order for closure of industries, they formed a group and approached the court when the court paid some attention to their grievances. Following this the period of relocation kept on increasing and the unit owners had some respite from an immediate dislocation. But in the whole process, representation of the workers was not promoted. Although some civil society groups like Dilli Janwadi Adhikar Manch, did try to bring up the issues of labour, the state did not try to present the plight of the workers in front of the court. The only concern that was expressed in context of the workers was that of compensation. Even the unions have been blamed for working with a single approach of getting compensation. The larger issues of work security and safety in the work space were not represented in the court (Srinivas, 1998). This lack of representation also gave rise to the question of procedural justice. Capek has emphasized the importance of involvement of the affected communities in the procedure of decision making (Capek, 1993). Workers in the present case have been denied any kind of participation, or voice in the decision making process, despite the fact they were as much an affected party as the groups of other communities who complained of growing pollution. The process of the case did not involve the labour in trying to understand its concerns in relocating to the new area. It was in the absence of views of the workers that the decision resulted in massive unemployment and problems of relocation to the workers. Even after relocation, the old workers and the new workers in

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Bawana, as the fieldwork suggests, have not been able to achieve a sense of security be it in terms of work or in terms of physical or psychological security. Going back to the idea of distributive justice, when the good environment for people in Delhi was ‘supposedly’ secured by removal of industries, their relocation in Bawana did give rise to the same threat to the people settled in and around Bawana. Considering this argument, distributive justice was actually not maintained. Also the farmers in Bawana were not involved in the decision making process when it was decided that their farmlands would be acquired for establishing the new Industrial Area. While the plans for Bawana Industrial area had already been finalized in 1999, the people dislocated from the Yamuna Pushta region and from subsequent demolitions in different phases from all over the city were sent to Bawana for relocation. The same logic of threat from pollution applied to these groups of people also that had been argued in case of the people staying in the heart of Delhi. Also taking a futuristic view, the way cities are developing and expanding, what will happen when the urban sprawl once again brings this industrial area within the confines of the city? These questions need to be considered by those who see relocation as imparting of justice. Social equity, accessibility is commonly cited as a fundamental measure of social sustainability which in turn comprises most importantly of social justice (Barton, 2000). The situation of labour in Bawana depicts clearly that accessibility of the labour regarding anything has been hampered and restricted, creating a situation of exclusion. This situation of exclusion creates a situation of unsustainability for the industrial area. This is because, due to lack of facilities, the labour intends to move out whenever it finds a better opportunity. While mobility of labour is true in all cases, this case presents a critical situation because of the physical and material conditions of work and life in this place. As has already been discussed, a number of factories have closed down in Bawana or have shifted to other areas of work due to the uneconomical conditions, the area continues to face threats in light of labour desperate to move out.

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The situation of labour is such that it is even deprived of opportunity. Located in Bawana the labour has lost opportunities not just of creating a better life for himself and his family but also of creating social bonds. Due to the fact that workers cannot afford to stay in the neighbouring areas where the accommodation rents are high, they have no choice but to stay within the factories. This situation completely restricts their interaction and participation in a community. Due to security threats that this area faced, there is reduced possibility of moving out of factories after work for any kind of activity or recreation. This condition generates a restriction on development of capabilities which has been understood to be fundamental in the idea of social justice by Sen. The interpretation of the problem varies when one compares the views of the petitioner and the labour. For the petitioner, environment became an isolated issue in the city; it needed protection at all cost and the location of problem was done unilaterally and presented in the same manner before the court. However, from the workers point of view, everything was interconnected. Environment was a part of their work and they were the first victims; their work was primarily situated within the city. Hence, for them city was an intersection point which combined different aspect of life like work, residence, and environment. For them a singular element of environment was neither the only problem nor the only solution; rather, the problem for them was to be located in the larger dynamics of changes in the city. The construction of industrial pollution issue was not interpreted in a similar way by the workers. Narratives of city renewal and driving out of the working population were frequently found during the study. The workers narratives help to locate the issue of injustice in the larger process of city planning and not just in the realm of environment. All these situations mentioned above give rise to deprivation in certain senses. These deprivations are not a product of any natural process but are inherent part of a process that intended to create justice for certain sections of people in Delhi. This process has created a situation of social injustice for the labour in multiple arenas as has been discussed above. Hence, the situation of environmental problem needs a treatment that

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does not limit itself to an environmental understanding. Instead, it demands a much broader analysis due to the nature of its consequences and social justice understood in contextual frame offers a good amount of understanding. 

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Conclusion The paper has attempted to show that a problem in a city cannot be seen in isolation. Emergence and construction of the issue can be located in the historical, socio-political as well as the economic realm. Different groups may look at the issue through varied lenses and at the same time, impact is felt differently by different groups. The same has been presented through the case of environmental problem in Delhi which is seen to be entangled in urban plans, issues of implementation, bureaucratic processes, class politics and conflicting notions of good environment. This study does not question the importance of environmental concerns. Environment is an integral part of city life, which demands due planning and attention. Simultaneously, it does not argue that the industries have a right to pollute and that they should be allowed to pollute the environs of the city. Industries are essential for the economy; environment is also crucial for the life in city. The question which is raised here is the way in which environmental problems are perceived and understood, biasness in promoting good environment of certain classes and how the requirement of a particular section of the city in context of environment are met while the same for other groups is compromised. The case of industrial relocation represents an upper and middle class quest of attainment of good environment according to their imaginations. In this process, the bureaucracy can be seen to be following the logic similar to the upper and middle class citizens. It feeds this logic to the judiciary which affects the judgment. Demand for environmental cleansing, the judicial order for industrial relocation and the opposition by the unit owners, workers and the other concerned groups, represents a process which Harvey (1992) has termed as ‘divergent politics of need and desire’. Delhi presents a complicated picture of the interplay of environmental rights and the labour rights in context of planning and social justice. Another issue that has been highlighted is the debate over planning. The MPD formed the basis of the judgment for relocation. However, the Master Plan has itself been called into question by various authors. At this point it is crucial to point out that the cities have SPPG TISS - HYDERABAD

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an organic pattern of growth (Burgess, 2008). The growth will take place as per the needs; if the plans do not accommodate or provide for these developments, the growth is bound to spill the boundaries of the ‘legal’ plan. This is exactly what happened in Delhi. It is important to think about the impact that this new industrial area will have environmentally in the neighbouring areas. Concerns are already being raised regarding the pollution in satellite towns of Delhi; one of the reasons for the same is attributed to the relocation of polluting units to the peripheral areas (Nandi, 2014). It is worth noting that when relocation of polluting units was sought as a measure to salvage the environment, demand for cleaner technology was absent from the discussions over industrial pollution (Ghosh, 2000). The relocation of industries followed a typical ‘not in my backyard’(Freudenberg & Steinsapir, 1991) approach when the upper and middle class residents of the city wanted the polluting industries to be removed from their vicinity. However, this only led to the removal of the pollution source from one area to another. It did not actually address the problem of pollution itself. Removal of industries from the sight has resulted in new areas to be affected. Moreover, as reported by the respondents in Bawana, there is hardly any environmental monitoring taking place in the new industrial area. Removal of industries from the sight of the main city has another impact as well. The labour which is bound to stay in the factory units due to lack of economical housing alternatives in the neighbouring regions faces increased exploitation in the form of prolonged work hours. It can be deduced that shifting of the industrial units away from the city has also aggravated the condition of labour exploitation. The way in which the environmental solutions were sought has been identified by the labour as a process of cleansing the city of the elements that do not fit into the image of a global city. This identification by the workers represents a basic conflict over the space in the city. Harvey (1992) has reflected the urban dilemma of control over urban space and contesting notions of proper usage of the space.

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The approach to environment with which the government has proceeded in the last few years has failed to address the fundamental conflicts over resources, space, and consumption in the society. The bigger gap in addressing the problem of environment in the city of Delhi is its incomplete conceptualization and failure to address city as an entity which has several interdependent parts. Underlying the dynamics of the city are the processes of planning, execution and implementation of the plan and the ever-changing needs of the city along with time. Parallel to these processes exists the usage of urban environment as well as its modification of the form of built environment to address the collective needs of the city. The question of environment as presented by the city of Delhi is remarkable as it projects a complex interplay of different notions of environment, multiplicity of environmental interests of the different stakeholders (upper and middle classes, factory owners, and the workers), backward linkage of environmental issue with lack of scientific planning and non-implementation of the plan targets, and the threat to social justice that has emerged from the manner in which environmental protection in Delhi has been administered. It shows that environment is not the sole criterion which is needed in planning or reformulation the city. Hence any change in the city following solely the lines of environmental sustainability is bound to fail if it comes in conflict with the basic needs of the people of the city, such as livelihood. In such a situation, the definition of sustainability and promotion of sustainable practices need to be expanded from the environment to whole of the city. Studying the environmental movement in Delhi and its various elements, what becomes clear is that modernist planning of the city contains within it deep seated contentions. While the industrial development is deemed important for the economic growth of the city, the infrastructure of production and the labour involved in it do not form a desirable part of the social and geographical landscape. Also, there are political factors which play crucial role in defining and projecting the problems associated with the city. Addressing the problems in the city need a holistic approach, understanding the city and its elements

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as an interconnected whole which affect each other. A social justice approach to look at these concerns is crucial to deal with the discontents that arise in such situations. At the same time, the case and the arguments presented in this work demand a relook at how the cities are planned and allowed to grow so that the demands and needs of different sections are met. For this, the city should be looked as an integral whole, which demand a holistic analysis and not fractured plans which cater either only to environment or only for economic growth needs.  

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