Redevelopment is going to leave many of our old bloodied, in one way or the other, writes Nagesh Alai
Over the past weekend, I was down south in balmy Mumbai, at a cozy twin birthday celebration of a sixty years old nani and her one-year-old nati, whose birthdays are just three days apart in October. It was a close family get together with as many parents, grandparents, uncles and aunts, cousins and nephews and nieces as grandchildren and kids, difficult to figure out who was more raucous in the intimate celebrations. Amid all the chats and eats and conversations, was a wheelchair bound octogenarian paranani, quietly soaking in all the revelry and enjoying the moments.
The paranani, fiercely independent, had been used to living by herself in a small housing society in Santa Cruz, a suburb in north Mumbai, for more than half of her life. Recently her society was targeted for redevelopment with all residents, including those who were not in favour of it, forced to vacate. The law can be an ass and come down with a sledge hammer to support the redevelopment plans, under the specious reason of majoritarianism and public good, impervious to the trials and tribulations and risks that the elderly get exposed to as a result. The nani and nana were very clear that the paranani cannot be exposed to a five-year trauma and disturbance of redevelopment and decided to move her in to the congenial climes of their own apartment and spend her concluding phase of her life in peace and quietude. The paranani had no option but to acquiesce to the good intent of her daughter and damaad.
The relentless and reckless redevelopment permitted by the imprudent administration, particularly of the commercial capital of Mumbai, over the past decade, is replete with lakhs of such hapless elders whose lives have been rendered asunder. For the authorities, money makes the world go around, not the spent force of the sage elders.
A couple of my mid-septuagenarian friends who were living in the same five-decade old apartment complex abutting the seashore in mid-town recently relocated as they had to vacate and make way for the redevelopment and a sixty floors swanky towers to be completed in the next five to six years. The members were being given handsome rentals to shift out and a promise of timely delivery of a new apartment in the tower. The children of one of my friends have moved out of the country, unlikely ever to come back, while in the case of the other, he has his children settled in Mumbai. Both were in favour of the redevelopment and had given their consent. Given the vagaries of nature and health conditions and incertitude of the ultimate return, one wonders if either would have a long enough opportunity to live out their dreams of a new house. The uncertainties far outweigh the potential silver lining at the end of a five years wait, when they would be getting into their eighties with sound mind in a sound body if they are lucky.
Recently I read a newspaper piece about a person, in her seventies becoming a widow during the wait-out for the completion of the redevelopment and getting the keys to her new apartment. The project has got substantially delayed, the developer has stopped the rental payments and she is all at sea about how to cope with the situation, with meagre cash flows and the absence of her supportive husband. In another case, the Times of India carried a plaintive plea, written by a senior citizen, requesting the society not to go ahead with the redevelopment considering that there are several elders in the society and that they should be allowed to spend their last days in the comfort of their own homes of the last half century and not to be forced out. It’s a heart-rending situation for many. One can only hope that better sense would prevail and the society will not go ahead in the interest of its elder members. But it could be an unreal expectation, going by ground realities and potential rancour and court cases to contend with along the way. In another known case, both the elderly parents expired, living in their temporary rented apartments, as the redevelopment was underway. Their children are overseas citizens and are not really bothered about the delay in completion and outcomes.
With fifty percent plus of the land starved megapolis illegally occupied or allowed to be occupied so and the collusive politics of slum rehabilitation, redevelopment in the city is only going to get from bad to worse with a perpetual cycle set in motion by the greed of it all. The old will continue to get marginalised in the scheme of things faced with ‘take it or leave it’ gun to the head. There always will be two sides to the redevelopment coin, some willing, some unwilling; but there always will be only one outcome for the elders who are not in favour of redevelopment. For them, it is fright, flight or fight, none of which are easy to handle in their sunset years.
What could be the guard rails, given the worrisome situation ? There are very few really, but some precautionary steps may help.
- Vet the redevelopment agreement very carefully and take the help of experts if need be. The devil is in the details. The legalese and the interpretations could overwhelm the most studied and stoic. You can never protect your rights enough since agreements could be beguiling and entangling.
- Particularly check out on the developers’ commitment to paying you rentals through the agreed period and thereafter too if delayed, the reimbursement of periodic hikes that the market will charge you for extended leases, the penalties for delay in possession, incorporating your legatees’ names in the agreement and similar micro details.
- Check out your chances of win, should you decided to oppose the redevelopment. If the majority are in favour, you can do little about it, except delay it by litigation, which could take its toll on your mind, health and wallet.
- Consult your close family and friends. The shared experiences and counsel will help you navigate and decide on a course of action in the case of your society’s redevelopment.
- If you do have to shift out, please consider only those rental options in buildings that have already been developed or unlikely to be developed in the foreseeable future. You need to protect yourself against constant movement and disturbance.
- Choose the locality wisely, in terms of cleanliness, accessibility, proximity of hospitals and medical care, daily-needs markets, sunlight, open grounds for your constitutionals, proximity to family, relatives and friends, etc.
- Remember to execute a power of attorney in favour or your trusted person to enforce your rights under the development agreement so that your heirs don’t have to face any challenges.
- In the case of ailing or terminally ill spouses or companions, it will be better to sell of your rights in the apartment at market rates and cash out. This will help you explore options for assisted living/senior living facilities. It will make more practical sense and less challenging.
- It will be thoughtful to presume that the redevelopment is a carrot dangled, not in your interest, but for the developer. Healthy suspicion may help you take a considered decision.
- Don’t let greed colour your judgement.
I have stayed in a decent tall sea fronting property which was developed by the builder about 20 years ago under the much-touted SRA scheme. It is in a state of good repair, cross ventilated and offers fabulous views of the sea on one side and the city on the other side. It has two abutting SRA buildings. Recently, there were reports and rumours that the government is thinking of allowing redevelopment of these SRA properties as well and looking at ways and means of implementing it. As everyone know, venality has no limits even given that they are not venial. Prudence and prescience made me decide to move out of my cherished apartment and relocate, in my own interest.
I don’t know how many have seen the riveting 2007 Hollywood thriller, No Country for Old Men. It is an uncommon story full of blood and gore splayed with dead bodies emanating from someone running away with an accidental find of ill-gotten money and a contract killer chasing him to recover it. Analogically, given the misleading title, our elders are in no better situation. Redevelopment is going to leave many of our old bloodied, in one way or the other. Mumbai is No City for the Old.
