Request for urgent consideration suggestion u/s.11A: Gita Dewan Verma

Mr S.Mukherjee,

Under Secy, MoUD (Delhi Division), Nirman Bhawan, New Delhi - 110011

Sub: Suggestion in response of 02.12.04 to Public Notice K-13011/5/2000-DIB of 04.11.04 (with addition vide letter of 09.12.04): Request for urgent consideration / hearing

Ref: News reports of 16.12.2004

Dear Sir,

1. As per a news item of 16.12.04 (“Municipalities queue up for paid MCD advice”, The Hindu) MCD plans to earn revenue from providing consultancy to urban local bodies about experiences it has gained over the past two years in areas of public-private partnership, etc. It is precisely these experiences in disregard of statutory Master Plan processes and solutions that that make for concern with which I sought in my letter of 09.12.04 (enclosed) urgent consideration of my above-mentioned suggestion u/s.11A.
2. Other news reports of 16.12.04 suggest matching confidence in GNCTD. For instance:
   • Express Newsline (“It’s a mixed report card for confident Dikshit govt”) says: “Illegal industries: The Chief Minister said there was time till January to decide on the closure of illegal industries in the Capital. A survey of industries in residential areas was under way and the results would be given to the Urban Development ministry and the Supreme Court, Dikshit said”.
   • The Hindu (“Some hope for slum-dwellers”) and Daily Pioneer (“Co-ops must get land at cheap rates”) report CM advocating (at a national seminar organised by the National Co-operative Housing Federation) “in-situ” options for slums now.

CM’s continuing insistence on “illegality” of industries and “in-situ” options and her continuing contempt of s.11A Public Notice process are cause for alarm. I emphatically reiterate para-4 on page-2 of my response of 02.12.04, viz:

“I reiterate my contention that Delhi Government has disregarded statutory solutions and misused the court’s order to effect unlawful closure without waiting for DDA to identify precise violations and follow due process for action against them even though the order of 07.05.04 allowed ample time for this and did not in any way empower Delhi Government to take actions beyond its jurisdiction. Delhi government’s relocation scheme, announcements and Public Notices, show-casing at international trade fair, etc, have all been unmindful of the provisions of the Plan. That Hon’ble Court will be testing the conformity with law of GoI’s proposal to allow the statutory solution (through redevelopment) calls for equivalent scrutiny of actions of Delhi Government (whose insistence on regularisation – since 1999 and even after rejected in order of 07.05.04 and now even after GoI has proposed redevelopment – has precluded any serious consideration of statutory options). In view, especially, of Hon’ble Court having sought to know if units in areas covered by the proposed modification have been closed / shifted, I specifically seek that details of Delhi Government’s industrial development and closure also be mapped on Master Plan Land Use Plan and examined also with reference to the prohibitions and options set out in my suggestion. If required I can explicate further the illegalities in Delhi Government’s initiatives (mentioned in several prior communications, including with requests for investigation, etc, u/s 41(3)).

In view of such news reports quoting CM, MCD Commissioner, etc, I seek with utmost urgency, and before the matter is next heard by the Hon’ble Court, hearing of my suggestion u/s.11A and (mandatory) Land Use Plan data that I have requested in its context.

Yours sincerely

sd/-

Gita Dewan Verma, Planner

cc:

CVC (for information, in continuation of enclosed letter of 09.12.04)