WRT to prior communications forwarded by / to their offices) PMO, CVC, PM, NAC, Lok Sabha Secretariat, President's Secretariat - Excrpts
... On 22.09.04 High Court issued notice in above PIL (seeking enforcing DMP entitlements of communities and stopping of projects in violation of DMP / environment law) and, apropos continuing illegalities, said letters be sent to authorities. Accordingly, the enclosed1 letter has been sent. I seek PMO intervention for rectification of the larger drift of which ad-hoc initiatives in disregard of DMP solutions – and convergent NCMP commitments – are part.
In 2003 CBI exposed at DMP-minding levels in DDA a glimpse of this dangerous drift wherein public resources (especially land) are being squandered and statutory efficiency and equity objectives being compromised through the following types of illegal initiatives:
- Condoning up-market violations of DMP, lately by charging “misuse fee”, etc
- Abrogating DMP development-responsibility by “regularizing” sub-standard development
- Downsizing DMP entitlements with sub-standard alternatives, notably in “resettlement”
- Facilitating commodification / unintended (also speculative) use contrary to land policy
Since June notes on NCMP-DMP convergence opportunities for rectification of this drift in key areas – heritage / environment, housing for the poor, commerce (including informal), manufacturing (especially SSI), facilities (education, etc) – have been sent. These are posted on NCMP-DMP minder at http//:plan.architexturez.net, tracking also inertial subversions, most distressing of which is one playing out in case of industries, with GNCTD:
- taking charge (with closure and inane promises, in inertial approach since 1999), without jurisdiction for compliance through statutory solution, which is DDA/MoUD responsibility
- complying while promising a review petition, to create doubts about courts
- closing units while conducting “scientific-survey” purportedly to avoid closing them
- offering non-conforming units plots in a scheme that is itself non-conforming
- closing F-category units without any legal options, to “spare” 265 Ha meant for them
- closing non-conforming (not polluting) units in name of environment, while being under notice (in PIL under reference) for its own violations of DMP and environmental law
- closing non-conforming units while non-conformity of its own Secretariat awaits appropriate action by Secretary MoUD on letters forwarded by President in June 2004
Regardless of NCMP commitments for employment, reiterated by Hon’ble PM at SSI convention on 30.08.04, MoUD has chosen not to consider compliance via DMP solution for industries (suggested also by due process of s.11A response to Public Notice issued by it pursuant to the order), just as it has desired not to reply in another PIL in which DDA has not kept assurances made on affidavit in January 2003 for implementing detailed proposals made in 2001 for DMP solutions for hawkers (subject of CVC letter). In other areas of NCMP-DMP convergence inertial drift continues. The ignominy of Pushta has already been repeated in Lalkhet under a new regime. With GNCTD sealing units in areas promised “regularization” and calling RWA meetings for support on an issue that hardly concerns the RWAs that are its bhagidaars and certain politicians holding identical position as GNCTD deciding to lead industries in “protest”, the ignominy of 2000 may also well recur...
Sub: Delhi Master Plan violations by government - WP 8523/2003
Thank you very much for your letter of 10.09.04 to Chief Secretary GNCTD. I am also grateful to CVC for acknowledging and forwarding to CVO DDA our letter of 07.07.04 about eviction from Lal Khet to Bawana for a project for so-called Biodiversity-Park and Malls.
I am enclosing for your kind information about further developments in these matters a letter of 23.09.04 to authorities pursuant to Hon’ble High Court’s order of 22.09.04 in WP 8523/2003 ...
Sub: NCMP - Delhi Master Plan (DMP) convergence (in general / for industries in particular)
Respected Sir, ...In continuation of my letters about the above-mentioned, I am enclosing for your kind information my letter to (PMO) ... I continue to hope that one lakh units will stem rather than fuel the inertial drift away from lawful planned development and again seek your intervention in this regard...
OSD, National Advisory Council
Thank you for forwarding the letter about above-mentioned demolitions. I am enclosing a letter of 23.09.04, for information about further developments in their regard. I am also grateful for my letter of July to NAC Chairperson about industrial closure in Delhi having been forwarded to GNCTD, whereupon I was invited for a discussion in August. GNCTD’s disdain for Delhi Master Plan solutions, however, is well known and something about which we had sought Smt Gandhi’s intervention as Congress President and Leader of Opposition last year. GNCTD’s inertial initiatives continue quite regardless of the convergence between NCMP commitments and Delhi Master Plan solutions and over the last few days appear to have the matter of industries to stand where it is dangerously poised to get out of hand. I do hope NAC will offer timely advice in this matter.
Lok Sabha Secretariat
Sub: Parliamentary Standing Committee examining functioning of DDA
... Since notice of 22.06.03 inviting public views on functioning of DDA for consideration of / hearing by Parliamentary Standing Committee on Urban Development, a number of representations have been sent by myself and citizens’ groups that I advice. In continuation of these I am enclosing herewith a letter about further developments, pursuant to Hon’ble High Court issuing notice on 22.09.04 in a PIL filed in December 2003.
With government projects under notice for not conforming to Delhi Master Plan and environment law, government is currently closing industries in Delhi on these grounds, even as 2000-3000 Ha space earmarked in the Plan for industries remains unaccounted for, interpretation of Plan provisions for industries was placed in court in affidavits filed by an official implicated in the DDA scam, representations from units are pending hearing by Parliamentary Standing Committee, etc.
Yet again I seek hearing by Parliamentary Standing Committee and, in case it has concluded / discontinued its examination of the DDA scam / functioning of DDA, information of that.
Thank you for forwarding to Secretary MoUD the letters we had sent to Hon’ble President on 27.07.04 (following announcement on evening of 26.07.04 of plan to demolish on 29.07.04 old settlements of about thousand families in Lal Khet) and 28.07.04 (about demolition without notice of a school in Rangpuri Pahari on evening of 27.07.04).
In PIL filed in December 2003 against government projects in violation of Delhi Master Plan and environment law, including in areas where these precipitate demolitions were effected, Hon’ble High Court has issued notice on 22.09.04. I am enclosing for your kind information letter of 23.09.04 sent to authorities pursuant to this.
These demolitions / illegalities are directly connected to issues raised in my letters to Hon’ble President about propaganda by NGOs against sovereign planning law at WSF-2004 (forwarded to Secretary MoUD on 11.02.04) and about the Indian Building Congress Awards (forwarded to Secretary MoUD on 18.06.04). I would be extremely grateful if you could advise me as to what to do, without causing undue embarrassment to any officer of my state, about no action having been taken on any of these letters.
Thanking you, Yours sincerely
Gita Dewan Verma, Planner
- 1. Letter about illegalities wrt notice in PIL, 23.09.04