Letter, Court Matter; Letter to LG (09/03/2005)
Shri BL Joshi (LG / DDA Chairman)
Sub: WP 8523/2003 and WP 4978/2002
Ref: News item: ‘Land marked ‘green’ in Master Plan allotted (HT, 09.03.05, p.2, text enclosed)
In WP 8523/2003 none of the respondents have filed counter-affidavits though Notice was issued on 22.09.2004 and on 23.02.2005 DDA was directed to reply in two weeks, which elapsed yesterday. Petitioner’s counsel has not been served any reply and we are surprised to see the news item under reference, which speaks of Authority meeting of 28.02.2005 and says about Sultangarhi project that it “is now under scanner”, making no reference to WP 8523/2003 and WP 4978/2002, our over 1700 s.11A objections and the other projects challenged in WP 8523/2003 (on which work continues).
In continuation of prior communications we reiterate our requests to you to kindly:
(a) issue directions in line with s.30 for stopping work on projects mentioned in WP 8523/2003 (viz, 52 Ha project at Sultangarhi, projects in Mahipalpur Hauz, Malls/Park on Nelson Mandela Road, GNCTD Mandi at Andheria Morh, GNCTD Hospital and DDA Club south of D2 Vasant Kunj, club, mall, etc, in sector-B, etc) and illegal private developments started in their vicinity
(b) intervene as appropriate for expediting replies in WP 8523/2003 by respondents (viz, DDA, MoUD, GNCTD, MCD, DMRC, MoCA, CGWA)
(c) urge Delhi Police to take cognizance of our complaints / requests for investigation u/s.34A about projects in contravention of Master Plan / Zonal Plan despite notice in court matters, etc.
We also request you now to kindly:
(d) make available to us minutes of the Authority meeting of 28.02.2005 that are relevant to the instant matter so that we can bring them to the notice of the Hon’ble Court, and
(e) initiate action under s.30(IA) for demolition of construction by GNCTD and at Sultangarhi, since:
- (i) the issue of illegal allotments has been raised (with reference to old cases in Lado Sarai near Mehrauli) by GNCTD representatives in the Authority while GNCTD is fully aware of this illegality in its current projects (including through our letters of 21&22.11.2004 and 01.02.2005 in context of WP 8523/2003 that it has forwarded to DDA on, respectively, 11.01.2005 and 23.02.2005) and CM personally inaugurated the Mandi in Mehrauli ridge on 22.02.2005
- (ii) while GNCTD MLAs are now taking an informed position about land use change, but in 2002 Mr Mahabal Mishra had pressed not for the court-ordered inquiry into s.11A violation or lawful disposal of Sultangarhi Public Notice but for a diversionary vigilance inquiry into the tender (currently AlCon is operating the site while L&T, etc, were doing so in 2002)
- (iii) consideration by the Authority of old cases while failing to answer on current ones that are subject of judicial and statutory (s.11A) processes is also construable as being diversionary.
Please permit us to suggest rigorous adherence to statutory processes, including limiting GNCTD interferences in matters beyond its Constitutional jurisdiction and executive competency, so that the unique opportunities that the Delhi Development Act regime provides for sensible reform are not frittered away in the ad-hocism that has become rampant in recent years.
Gita Dewan Verma | MPISG Planner
- Member Secretary, CGWA (with request re ground water withdrawal, as in accompanying letter)
- Commissioner Police (with request apropos prior s.34A requests, as in accompanying letter)
- Secretary CVC (for information)
Text of news item published in Hindustan Times of 09.03.2005, p.21
- 1. Land marked ‘green’ in Master Plan allotted
Aruna P.Sharma New Delhi, March 8
THE DELHI Development Authority (DDA) in recent years has been allotting land without bothering to refer to Master Plan regulations prescribing the land use. Thus acres of land shown as green in the Master Plan have been allotted without getting prior approval of the policy-making body of the land development agency.
Vasant Kunj was constructed in the 1980s without changing the land use, DDA sources said. The construction of 2000 LIG and MIG flats under mega housing project in sector D, Vasant Kunj in Sultangarhi was also started without changing land use. The case is now under scanner and the construction company is demanding compensation from the DDA at the rate of Rs 1 crore per month, sources said.
In the last DDA meeting held on February 28, Lt. Governor B.L.Joshi is also said to have expressed displeasure at post-facto approval of land use change.
Two agenda items in the authority meeting pertained to post facto change of land use. One case pertained to change of use of 40 acres of land in the flood plains of river Yamuna where DMRC has constructed an IT park. The second case was approval of land use change in green belt in Lado Sarai after a hospital and a school were allotted land at subsidised institutional rates.
Authority members Mahabal Mishra and Mange Ram Garg protested against the violations in Master Plan zoning regulations and pointed out that in the case of the DMRC project, 150 objections were received against allowing construction on the Yamuna flood plains. The objections were meaningless since the deed has already been done, the elected members said.
“It is a fait accompli and a lot of ad-hocism has been going on in the DDA,” a senior official said adding that in all the cases that are coming up for approval of land use change, the actual allotments were made five to six years ago.
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