Personal tools
You are here: Home → Files (Data dump) → Land Policy entitlements → DDA counter affidavit (February 2005)

DDA counter affidavit (February 2005)

by Gita Dewan Verma — last modified 2005-09-23 17:43

IN THE HIGH COURT OF DELHI AT NEW DELHI

W P (C) NO. 8723 OF 2003

In re:

SHIV NARAIN .…...PETITIONER

V e r s u s

DELHI DEVELOPMENT AUTHORITY ...... RESPONDENT

I, Rakesh Bhatnagar, Director (Commercial Lands) in the DDA, Vikas Sadan, New Delhi, do hereby solemnly state and affirm as under:-

  1. That I am the Director (Commercial Lands) in the DDA and being familiar with the facts and circumstances of the present case in my official capacity, am competent and authorized to swear this affidavit on behalf of the DDA. I have received inputs in the matter from the Planning and Engineering Wing of the DDA for the Zone in question and the same have also been incorporated in my reply affidavit to adequately answer the averments in the Writ petition.
  2. That I have gone through the contents of the present Writ Petition. In reply thereto, a concise affidavit is being filed dealing with the main contentions raised in the Writ Petition. The answering respondent craves leave of this Hon’ble Court to file a further detailed affidavit, if required, at a later stage.
  3. That all the averments in the Writ Petition which are not specifically admitted herein are deemed to be denied by the answering respondent.
  4. That the petitioner has filed the present petition seeking directions to the DDA and other respondent Authorities to furnish the details of the action taken / proposed for integration in their activities in Mehrauli-Mahipalpur area in terms of development / re-development, provision of facilities, work places etc. in the vicinity and conservation of heritage and environmental resources as per the Master Plan provisions. Directions have also been sought calling for proof of legality in terms of CGWA clearance and conformity with Master Plan / Zonal Plan for all projects / schemes for Mehrauli Mahipalpur area since the approval of MPD 2001 in 1990. There is further prayer whereby the petitioner has asked for quashing of the auction held on 15-12-03 for the Vasant Kunj Shopping Mall and stopping further work on this project until adequate information in terms of the earlier prayers is not supplied.
  5. That at the outset it is submitted that the petitioner in the garb of public interest litigation is actually only trying to create hindrance in the execution of the Vasant Kunj Shopping Mall project. It may be pointed out that earlier also a writ a petition was filed challenging the auction, which at the time was proposed to be held for the Vasant Kunj Shopping Mall. The said litigation went up to the Hon’ble supreme Court and it was only after the Hon’ble Supreme Court had given a clarification to the effect that there would be no illegality in carrying out the auction was the auction carried held on 15-12-03. In the said writ petition being Writ Petition (Civil) No.564/03 titled as Santosh Bhartiya V/s DDA”, a detailed counter affidavit was filed by the DDA wherein it has been explained that the land in question for the Vasant Kunj Shopping Mall was part of the 92 Hectares of land (constraint area), which was part of the clarification by this Hon’ble Court in 19-8-97 and, therefore, the same could be developed in terms of the directions given by the Hon’ble Court for the said purpose. It has also been explained that various allotments had been made in these 92 hectares of land and environmental clearances for such buildings had been obtained by the allottees of the said land from the DPCC i.e. Delhi Pollution Control Committee. The allottees of this area were also required to seek necessary clearances from the other Statutory Bodies. Thus, the directions given by the Hon’ble Supreme Court and this Hon’ble Court on 13-9-96 as well as on 19-08-97 were followed both in letter and in spirit.
  6. That it is submitted that the 92 Hectares of land on which the plots of the Vasant Kunj Shopping Mall have been auctioned has been continuously planned, developed and disposed of by the answering respondent from 1991 onwards. The Vasant Kunj shopping mall is a prestigious project undertaken by the DDA and is spread over 19 Hectares of land on a site earmarked for ‘Non Hierarchical Shopping Cum Commercial Complex’. The auction documents made it known to all the intending purchasers that they would be required to seek necessary clearances from the concerned statutory bodies including CGWA, DJB etc. It may be stated that at the time of auction the entire conditions of auction were read out to all present in the auction hall and all queries including environmental related ones were answered in detail. The petitioner is seeking to challenge this closed transaction and the present petition is an abuse of the process of the Court and deserves dismissal. Thus the question of the existence and validity of the Vasant Kunj Shopping Mall having been decided by the Hon’ble Supreme Court, it is not open to the petitioner to challenge the same again. In the present petition and the challenge of the same is only a ploy and hamper the development of the shopping Mall.
  7. That it is pertinent to note along with the said development of 92 Hectares, DDA has identified an area of 223 Hectares for a proposed bio-diversity Park adjoining the Vasant Kunj Shopping Mall which is in line with the directions of EPCA dated 6-10-99. The spread of the bio-diversity park of 223 Hectares is substantially more than the 140 Hectares proposed for recreational activities in the Zonal Development Plan of Zone – F notified by the Government of India on 5-8-98. Thus, the DDA is taking steps to ensure all round development of the area.
  8. That with respect to the specific instances mentioned in the writ petition, the Deponent makes the following submissions:
    • a) It is denied as stated in para 1 that the new schemes are unmindful of the provisions of the Master Plan, CGWA notification and violative of Delhi Development Act. It is also denied that all new development in the area was devoid of the basis in the Master Plan / Zonal Plan.
    • b) The basic grievances of the petitioner are set out in paras 10 to 12. It is submitted that the scheme of Vasant Kunj was prepared under the provisions of MPD 1962 and the existing villages have been tried to be accommodated within the urban development. The Vasant Kunj Scheme has been developed and objections were invited while the change of land use was being processed as part of the modification in the Master Plan in the year 1985 wherein the Vasant Kunj area was shown as ‘Residential’. In the MPD 2001, integration of villages with the urban development have been suggested the Economically Weaker Section, the work place are generated by developing the residential areas where these people can have job related with the household assistance. It is also denied that the projects mentioned in para 10 (b) are in violation of the plans. With respect to the DDA’s Sports Complex and GNCTD Institute of Liver Sciences as mentioned in para 10 (b) (i), it is submitted that the land for the hospital was allotted in public interest by DDA to the Delhi Government. The Delhi Government is constructing the hospital and the change of land use is under process. With respect to the GNCTD A/c Mandi at Andheria Morh, as stated in para 10 (b) (ii), it is submitted that this land has been directly allotted by the Lt. Governor, Delhi to the GNCTD and no clearance from the DDA has been taken for the purpose. Only certain temporary structures are being put up for local sale of vegetables by the Farmers from the nearby areas, which are permissible under the Master Plan in a Regional Park. The same is being used only for a few hours in the morning on open plat-forms. With respect to the CISF flats in Mahipalpur as mentioned in para 10 (b) (iii), it is submitted that the CISF flats are falling in a use Zone entitled as ‘Government Land’ (Use Undetermined). It may be explained that the DDA has no role in the planning of the area nad the usage of such areas is to be determined by the Authority by whom the land is being used – in this case the Defence Ministry. A copy of the relevant extract of the Master Plan is annexed hereto as ANNEXURE-R 1. With respect to the averments in para 10 C (i), it is submitted that in the Zonal Plan for Zone F, the land use break up of 315 Ha has been given, out of which, the scheme has been cleared by the Hon’ble Supreme Court as well as MoUD for 92 Ha. and the remaining land is being considered for the development of bio-diversity park based on the recommendations of the Environmental (pollution & control) Authority. With respect to the averments in Para 10 c (ii), it is submitted that the Sultangarhi Scheme being referred to has already got the approval of the Govt. of India and the change of land use from ‘agricultural and rural use zone’ to ‘residential’ and ‘public and semi public facilities’ has been notified by the Govt. of India last year. The scheme, therefore, now has the validity of the relevant plans prepared for the area in question.
    • c) That in reply to para 11(a), it is submitted that in the MPD 2001, the norms have been given with respect to the provisions of the school facilities related with the population. With respect to the averments in para 11(b), it is submitted that Vasant Kunj is a residential scheme wherein the Master Plan as well as in the Zonal Plan, no provisions have been kept for development of the work place. Only commercial centres have been proposed to cater to the commercial needs of the area. The averments in para 11(c) need to be specifically answered by the DMRC. It is submitted that planning is a specialized process and it would not be correct for the petitioner to decide or question the viability of the length of the Metro Corridor to be set up in the area in question. With respect to the averments in para 11(d), it is submitted that the scheme for conversion from leasehold to free hold and its applicability to various types of properties is an aspect which has been considered at the highest level and after due deliberation by the Ministry of Urban Development, which is the Authority to have formulated the scheme for conversion and the DDA is only an implementing agency of the provisions of the said scheme including the various amendments and modifications made in the said scheme by the Ministry.
    • d) With respect to the submissions made in para12, it is submitted that the following is the position with regard to the averments made therein:-
      • SEWERAGE: The DDA has its own pumping station in Vasant Kunj, phase-II where all sewage is collected and from there it is pumped to the main treatment plant.
      • WATER SUPPLY: The lines are already complete. The water supply is to be released by the DJB after the coming into operation of the Sonia Vihar Water plant. However, it is submitted that the DDA / Private Individual Allottees take clearance from the DJB before starting any project.
      • DRAINAGE: The DDA is expecting to get an out fall by June 2005. As of now, the effluent is being re-harvested in the deep ditches of the bio-diversity park after obtaining clearance from the CGWA in this regard.
    • e) With respect to the averments in para 13, it is submitted that the position regarding drainage has already been explained in the preceding para. In this area, the DDA has taken up development of residential plots for shifting of the villagers of Nangal Dawat which scheme was partially modified about two years ago by the Area Planning Unit – 1.
    • It is therefore clear that the grievances of the petitioner in the present writ petition are not maintainable since the planning of the area is being done in accordance with the Master / Zonal Plan and any modification in the Master Plan or a change of land use has been processed under the provisions of the Delhi Development Act. The public projects have been conceived as a measure for the improvement of the city and in all such proposals of the DDA, the allottees are required to abide by all the conditions of clearance from the environmental Authorities including taking the measures necessary for checking pollution and all other requirements of law. These allottees are entitled to proceed with their projects only after all statutory clearance has been received. Thus it is clear that the grievances made by the petitioner are unfounded and the present petition merits dismissal...