Letter, Court Matter; Request wrt court orders of 27/07/05

Hon’ble Lieutenant Governor / DDA Chairman

Sub: Unauthorised development on riverbed – request re representation of 26/12/04

Ref: Prior letters and Court orders of 27/07/05 in CMP 9018/2005 in WP 6500/2005 and WP 689/2003

Respected Sir,

Hon’ble High Court was pleased to allow on 27/07/05 my application (filed after letters of 18/07/05 and 20/07/05 returned no response) for stay on tender issued on 15/07/05 by DMRC to invite bids for licensing 15 Ha at Shastri Park on the riverbed to private developers for 15 years for so-called ‘temporary’ recreation / entertainment facility. Press has not reported this and I am told by prospective bidders who called DMRC after seeing my mail-list post that they have been assured there is no stay!

From news reports, reproduced below, about the order of 27/07/05 in WP 689/2003 (suo motto matter for compliance of Order of 03/03/03 for removal of all unauthorised structures on the riverbed) it seems my apprehension, expressed in letter of 09/07/05, about flood-relief evacuations becoming irreversible evictions was not unfounded. Perhaps DMRC’s tender was in anticipation, like IT Park started in anticipation of Pushta clearance and in anticipation of ‘regularisation’ DMRC moved court in December 2004 for encroachment removal in name of urgent public utility work at Shastri Park.

Under the circumstances, I request details of disposal of the above-mentioned representation of 26/12/04 that was made to you pursuant to news reports of Order of 17/12/04 directing disposal in two weeks of DMRC’s petition as a representation.

Thanking you,

Yours sincerely

Gita Dewan Verma, Planner


  1. Representation of 26/12/041 (without enclosures, 1p)
  2. Letter of 09/07/052 (about evacuations, with letter of 31/05/053 about order of 03/05/05, 2p)
  3. Letter of 18/07/054 (requesting withdrawal of DMRC tender, 1p)
  4. Letter of 20/07/055 (about DDA approval of private sector participation, 1p) cc: AZPlan
  5. News reports of 28.07.200567
  • 1. Representation for exemplary demolition of IT Park at Shastri Park
  • 2. Request for hearing
  • 3. Request for hearing
  • 4. DMRC tender notice for 15 Ha on riverbed
  • 5. Private sector participation in housing in Delhi (20/07/05)
  • 6. Keep Yamuna bed free from encroachment: HC 
    (Daily Pioneer, 28.07.05), Staff Reporter / New Delhi

    The Delhi High Court has directed the civic agencies to ensure that Yamuna riverbed is not allowed to be encroached upon by anyone. Noting that at present the Yamuna riverbed had been cleared of all encroachments since the river water had overflowed into the riverbed plains, the Division Bench of Chief Justice BC Patel and Justice SK Kaul, directed the Delhi Development Authority (DDA), Municipal Corporation of Delhi (MCD), New Delhi Municipal Council (NDMC) and Delhi Government, not to allow any encroachment on the riverbed portions currently filled with water.

    The court passed these orders after it took suo motu cognisance of the extensive encroachment on the Yamuna riverbed, which had become a hub of criminal activities and cause of pollution. In pursuance to the earlier orders in May 2005, the court had given two months time to the civic agencies to clear the hutments and slum dwellers from riverbed area. It had further asked the government to furnish the policy by which the encroachers were sought to be relocated.

    The directions were not complied with, as a result DDA Vice-Chairman Madhukar Gupta personally appeared in the matter and sought time to relocate the slum dwellers presently staying on the riverbed. Explaining that in May 2004, about 16,000 people had been relocated, the DDA V-C contended that the process of shifting the slum dwellers to alternate plots was a time-consuming task since there was shortage of land. The bench, however, disputed with the contentions of DDA, stating that the intention of the court was not to relocate those who encroach upon riverbed. Stating that they are liable to be removed, the court sought to differentiate them as rank trespassers as against others who are relocated by the Government after their land is occupied by the State.

    The Union Tourism and Culture Ministry had earlier submitted before the court a proposal for the beautification of the Yamuna riverbed.

  • 7. HC on DDA 
    (Hindustan Times, 28.07.05)

    THE DELHI High Court has directed the vice-chairman Delhi Development Authority Madhukar Gupta to ensure that the encroachers are prevented from resettling on the Yamuna bank after the flood water recedes, on Wednesday.

    A division bench told the DDA to file a “Further Action Report” by October 19 on this issue.

    HTC, New Delhi