Letter, Court Matter; Sub: Riverbed encroachments - affidavit in two weeks ordered by Hon'ble High Court: Requests re Pushta clearance assessmen

For response to s.41(3) applications about ridge and riverbed, with reference to news report about High Court seeking status report on Pushta clearance and DDA counsel claiming to it that Supreme Court had cleared the Malls project

Secretary MoUD

Sub: Riverbed encroachments – affidavit in two weeks ordered by Hon’ble High Court: Requests re Pushta clearance assessment, Metro property development, etc


According to news reports today Hon’ble High Court has directed authorities to file affidavits about compliance of court orders for clearance of all riverbed encroachments. Please permit me to point out:

  • So far compliance has been limited to a stretch of Pushta, for which assessment decided upon in the high-level decision to start compliance with this seems also not to have been made inasmuch as requests to participate have not been answered.
  • s.11A responses to Public Notice about Metro Property development (December 2002 and April 2004) are also pending and these have bearing on riverbed encroachments.
  • s.40(3) applications requesting examination of legality and propriety of DDA decision to participate in Pushta clearance while developing, etc, Commonwealth Games Village and especially so after adoption by it of former Tourism Minister’s scheme unrelated to O-Zone Plan are also pending.
  • Letters forwarded to your office for appropriate action by President’s Secretariat (as per letter of 11.02.04, apropos Plan violations, including on riverbed and general drift away from planning law and as of 18.06.04, apropos Builder’s awards unfortunately involving office of President for honouring Master Plan violations, including on riverbed) also await action. Under the circumstances, I request you to please ensure that full facts are placed before Hon’ble High Court in the interest of the riverbed and also to expedite action on the above.

I seek likewise for the ridge, including directions to stop the work and seal borings on the Malls project, letter to CEC about which in view of proceedings in High Court today is enclosed.

Citizens may not be able to match the powers of the state in courts and may not have opportunity to otherwise dialogue with it, but ridge and riverbed are above all such trivia.

Copies of two other letters are also enclosed with reference to matters in courts. I can only request that planning discourse should occur also outside the courts.

Yours sincerely

Gita Dewan Verma / Planner