MPISG complaint to DCP (SW) and others about demolition of school on evening of 27.07.04 and proposed demolition in Lalkhet on 29.07.04
Sub: Demolition of Modern Public School in Rangpuri Pahari on 27.07.04 / WP 4978/2002, WP 8954-9/2003 and Demolition proposed in Lal Khet on 29.07.04 / WP 4978/2002, WP 8523/2003
This is to bring to your attention two cases of DDA demolitions for your consideration / reconsideration:
Demolition of Modern Public School in Rangpuri Pahari on evening of 27.07.04:
- Demolition was effected without notice and was, therefore, illegal in terms of s.30 of Delhi Development Act, 1957, besides in breach of Common Minimum Programme, and the time of it appears suspect.
- The area is in / adjoins DDA 56 Ha scheme that High Court ordered stopped and inquired into by judgment of 16.09.02 in WP 4978/2002, copy of which was filed in PS, which took no action against non-compliance / constructions with illegal boring, etc, (complaint of which was last made on 02.07.04).
- Delhi Police through Jt Commissioner (Traffic) is a respondent in WP 8954-9/2003 in which citizens groups have prayed for enforcement of Delhi Master Plan equal access neighbourhood schools system and stopping violations on school sites as a result of which local, especially poor, children are excluded. Delhi Police has not taken any action against violations described in detail in these PIL (and compounded now by abject failure of violating schools to comply with Court’s orders about free seats). It does seem odd
- that a requisition for this demolition was accepted by Police and we seek details of the same forthwith since we wish to take up the violation of fundamental right to education.
- Proposed Demolition of Lal Khet on 29.07.04
- Legality of Biodiversity Park requiring the demolition and of Malls ‘requiring’ the park, etc, is sub-judice in WP 8523/2003 for being in violation of Delhi Master Plan / DD Act, 1957 and CGWA notification / Environmental Protection Act, 1986. On identical grounds the DDA 56 Ha scheme was stopped/ordered inquired into in WP 4978/2002. Inquiry, directed to ensure DDA is not emboldened to extend the same illegalities, was not carried out. It has been formally requested of LG / DDA Chairman on 21.07.04 along with request for directions against development / evictions for the identical Malls / Park scheme.
- No action has been taken on complaints against illegal boring on site of Malls (made in anticipation on 02.07.04, on 12.07.04 with picture of first drilling and on 23.07.04 with pictures of three more drillings). In letter of 26.07.04 to DDA VC (with copy to Police Commissioner and LG / DDA Chairman), on basis of statutory / judicial / parliamentary processes (besides CMP) that demolition would frustrate, a request has been made to defer it till discussion of lawful relocation options (on which Lal Khet citizens have assured full cooperation) as well as for immediate stopping / sealing of all illegal boring for the scheme.
Please be kind enough to ensure (and to assure us forthwith that you will) (a) all illegal boring is sealed first so demolition is not malafide; and (b) DDA requisition for force is not inertial and officals making it are informed of the foregoing recent developments and take personal responsibility for demolition despite them.
- Thanking you,
Gita Dewan Verma | MPISG Planner
- DDA Chairman / LG (in continuation of letter of 21.07.04 and copies of letters of 23 and 26.07.04 apropos Lal Khet and of 25.06.04 about school education / free seats)
- Central Empowered Committee appointed by Supreme Court (in continuation of letters of 20 and 23.07.04)
- Chief Vigilance Commissioner (in continuation of letters of 06.07.04 and 12 and 23.07.04)
- Secretary MoUD (in continuation of letters and wrt above-mentioned PIL, with MoUD as respondent no.2)
- DDA Vice Chairman (in continuation of letter of 26.07.04 and wrt above PIL, with DDA as respondent no.1)
- Commissioner Police (in continuation of letters of 05.07.04 and 12 and 23.07.04)