A Cabinet to fret about

The cabinet has decided Delhi Government will approach Supreme Court to seek 18 months for units that have not shifted to relocation plots (less than 20000 plots have been developed and CM has said 8000 have been allotted and 1100 are occupied (ToI)). It will seek 3-4 months for “scientific survey”, already commissioned according to HT, for regularization of 24 areas (CM seems to think the court’s rejection of her idea for these 15000 units arises from academic discontent about survey rigour, whereas the option is not really open in law, besides which nothing stopped “scientific survey” in 3-4 months since 07.05.04). It will seek modification of the order in respect of household industries and, as per CM, “petition Union government to expand the list" (AA) (to benefit 6000 units, though the order already has direction #2 for this and in compliance MoUD issued necessary Public Notice on 21.06.04). Other units “would be asked to immediately apply to the industry department for land” (AA) (though industries department had stopped even its inadequate schemes in view of government’s regularization promises and court’s closure directions and government also forgot to offer incentives in six weeks from 07.05.04 as per direction #4).

Government is “not certain whether its plea would be accepted” (AA). The order, however, suggests it nearly certainly will not be: “On 10th December, 1999, the State Government came up with an application (IA No.1206), inter alia, seeking modification of the order dated 8th September, 1999 and for extension of time upto March 2004… stated that out of 52,000 applications received under the relocation scheme in December, 1996, approximately 23,000 have been found to be eligible. The prayer in the application also is that the industrial units functioning in residential areas where concentration of industry is 70%, should be continued to operate from their existing location. … According to the Government, about 15,000 industrial units would fall in this category and another approximately 6,000 industrial units may fall in the category of household industries (A category). …the immediate question would be as to what steps were taken by it in respect of remaining illegal and unauthorized industrial units, which number over 50,000. The Government has no answer, let alone a satisfactory answer even despite lapse of nearly five years.” The court is most unlikely to suddenly find merit in identical plea after lapse of four more months.

The cabinet decision, at best, has nothing to do with solutions. At worst, it seems poised to attempt dilution of a Supreme Court judgment that upholds DMP, contempt of which CM has repeatedly demonstrated, her oath twice taken notwithstanding. She is now quoted lamenting being caught in some “cusp” between DMP2001 and DMP2021, even as the law is clear about there being no “cusp” and only one DMP that can be progressively revised by due process but can neither be substituted nor abandoned as that would make years of compulsory land acquisition in its name malafide. She continues to invoke DMP-2021 “guidelines” even as the court order says, “under the garb of issuing guidelines for the Master Plan for Delhi - 2021, action against violators of law has come to a standstill for an indefinite period”. Indeed her constant plea to “the Centre to finalise” DMP2021 (while her government forgot to even represent itself on the Authority of DDA and has also taken no serious issue on the DDA scam exposed by CBI in 2003 having been all but buried) is really a plea to legitimize subversion of several statutory solutions to make way for her numerous ideas and projects that are illegal in terms of DMP. It is their need-for-land that necessitates her constant refrain about shortage-of-land for citizens and her stout denial of their statutory land allocations. The same pattern marks her ideas for slums, schools, bovines, greens, industries – for all of whom she claims to be constantly seeking but never actually finding any solutions. Indeed, the only “solution” that her government has to offer to citizens is the bonhomie of selective bhagidari to keep them amused. (The Hindu has a report on views of DSIDC Chairman – party-cake made up of warning of plot cancellations, praise for CM leadership of biggest relocation exercise, urging CM to extend metro to Bawana, etc, and assurance that government is “committed to a harmonious relationship between the employee and the employer” with suggestion, for this, that “both should join hands to celebrate common festivals”).

CM, while still insisting her government is “committed to protecting the industries”, has clarified it is committed to the court’s directions for their closure unless the court suddenly accepts contentions it has already comprehensively rejected. The drive to disconnect water and power, in which 40 units have already been affected, continues (even as direction #5 leaves scope for it to be postponed). And “slandering” of industries also continues. Even as the order is NOT for polluting units, news reports carry images with chimney smoke, reportage makes references to pollution and CM has stated, "we will see to it that they do not pollute" (AA). Even as industries have made it amply clear they are protesting government’s incompetence, media has been suggesting they are protesting the court order. Much is also suddenly being made of sale of some relocation plots (of just 8000 allotted) and, even as government has yet to clarify how its relocation scheme is legal in terms of DMP and the judgment says “An illegality would not become a legality on inaction or connivance of the Government authorities”, CM has also said allotments will be cancelled. It may be recalled that by identical tactics to suggest aberrations are norm, etc, in November 2002 court orders were procured for canceling allotments in slum resettlement. Since then allotment-cancellation-re-allotment is being used to “stretch” 50000 illegal sub-standard slum resettlement plots to become substitute for statutory DMP solution for 4 lakh. Government seems poised to similarly substitute the statutory DMP solution of 2000-3000 Ha of well dispersed space for 1 lakh industrial units with about 20000 plots in sub-standard relocation schemes.

I think Delhi Government should not be approaching the court for modification of a DMP based order – since it has forgotten to represent itself on the authority of DDA for nearly a year. In particular, it should not be approaching the court about household industries (subject of s.11A Public Notice process underway) or “scientific survey” (in view of statutory survey and monitoring requirements of ongoing DMP revision) and even with its ideas for regularization and relocation (since it has not provided clarifications about legality of these).

Industries, I believe, would do well to distance themselves from Ma Dikshit’s demands, made on behalf of industries but headed to benefit those who benefit from their closure and from the land spared by it. They would do well to insist on a clear solution (for all and not just a few industries) that is equal to or better than that offered to them by DMP (DMP2001, which is law and the basis of the court’s order, unlike so-called DMP2021 that is a bunch of ideas of dubious origin unlikely to survive any lawful Public Notice process) and also to object, if not to stout denial of statutory solutions by alternative-pushers of by now proven incapability, at least to the slander that they are freely dishing out.

And all can fret about a cabinet that takes such inertial photo-copy decisions – in emergency meetings, without protest.

Gita Dewan Verma | Planner | 12.09.04

(In continuation of my s.11A response to Public Notice of 21.06.04 (inclusive of suggestion for compliance through statutory DMP solution, public debate on any alternative compliance plan to establish it is better, and for inclusion of responses in progress report to court) and of the letter to PM I wrote on 09.09.04 on its basis, I am now going to write to MoUD to request disposal of my response by due process and directions to authorities represented on DDA as well as Monitoring Committee to clarify overall plan of compliance along with proof of it being legal and equal to or better than the statutory DMP solution – before Delhi Government approaches the court for modification of an order that allows (only) the statutory solution or closure of industries in Delhi)

news reports of 12.09.04

• Delhi at court’s mercy on industries, Asian Age: By Our Correspondent, New Delhi, Sept. 11: The Delhi government on Saturday decided to approach the Supreme Court to seek a "categorical" relaxation in the ongoing industrial relocation. While the government itself is not certain whether its plea would be accepted, the fate of lakhs of people associated with the non-conforming industries now hangs in uncertainty. However, till the court rules on the petition, the drive of disconnecting water and power to the "F" category industries would continue. After an emergency Cabinet meeting on Saturday, Delhi chief minister Sheila Dikshit said: "Within 4-6 days, we will approach the honourable Supreme Court to grant us 18 months’ time for shifting the industrial units, which had already taken possession of land but had not started functioning there. And in the interim period, these units will be spared from being shut down. We expect the court to understand the practicalities even as we stand committed to honouring its orders." A monitoring committee headed by Delhi chief secretary S. Regunathan and comprising representatives from the DDA and the Delhi police will subsequently effect the relocation and apprise the agencies involved, like the court and the Union urban development ministry, of the position, she said. "We are committed to protecting the industries, but at the same time we will see to it that they do not pollute," she added. The government will also plead with the court to modify its order on the areas having more than 70 per cent industrial concentration and the household industries as the Delhi government has already moved the Union urban development ministry to include these sectors in the Delhi Master Plan. "We would urge the apex court to give us three to four months time for another survey as the previous survey had been rejected by the court," Ms Dikshit said. The Delhi government will also petition the Union government to expand the list of permissible household industries in category "A," she added. Curiously, while the fate of the industries now depends on the notification of the Delhi Master Plan-2021, the Delhi government has no inkling as to when would it be completed. "We have pleaded with the Centre to finalise the Master Plan as quickly as possible since the delay has landed Delhi in a sort of an administrative cusp. The Centre can only say by when would it be complete," the chief minister said. With respect to other industrial units, Ms Dikshit said they would be asked to immediately apply to the industry department for land and the government would plead to the court for more time to shift them to the new area to be developed in a time-bound manner. However, till such time the units would have to abide by the directions of the court and the closure drive would continue in the phased manner as directed by the court. Till Saturday, power and water had been disconnected in 40 "F" category units, she added. This category of industrial units have to be closed as per the court orders on non-conforming areas by October 7
• Govt seeks time to shift out industries, Hindustan Times: Amitabh Shukla, New Delhi, September 12: The Delhi Cabinet on Saturday decided to approach the Supreme Court next week seeking 18 months of time for relocating the industries which have been allotted land but are yet to shift out. The move comes after reports of industrialists taking to the streets in protest against imminent closure of their units. The government also plans to approach the Union Urban Development ministry so that the Supreme Court is apprised of the difficulties faced by the industrialists and workers. As regards the declaration of 24 residential areas which have 70 per cent industries as "industrial", the government has commissioned a scientific survey and its report would be ready in the next three months. The court had declared as unscientific the last survey done to identify industries in the residential areas and rejected the government plea. The Delhi government will also plead for more time so that the Master Plan 2021 is notified. It has also requested the Union Urban Development Ministry that these 24 areas be declared as "Industrial" in the Master Plan. CM Sheila Dikshit later said a decision has been taken to form a monitoring committee with the chief secretary as chairman and the police commissioner, commissioner of MCD, vice chairman of DDA and joint secretary in the Union UD ministry to monitor the situation and compliance of the court order of closing the “F” category industries by October 8. However, this would be done if the court does not accept the plea of Delhi government for extension of time. Dikshit also informed that power and water supply was cut off in 40 industries as per the court's order till Saturday.
• Relocation: Govt wants more time, Times of India
• Vacant industrial plots may invite action, The Hindu