[mpisg] ridge area

Prior engagements (since 2000): Summarised in MPISG PIL Annexure-P/12 (since 2000); also see: Sultangarhi chronicle (up to June 2003) and Mahipalpur chronicle(up to July 2003)

Projects challenged: 56-Ha Sultangarhi project in Rangpuri Pahari, DDA Sports Complex and Delhi Government Institute for Liver and Billiary Sciences south of D2 Vasant Kunj, Delhi Government air-conditioned Mandi at Andheria Morh, additions to Vasant Kunj (all in DMP Green Belt / Ridge area in J-Zone, for which Zonal Plan has not been notified) and CISF housing in Mahipalpur Hauz and Malls and Biodiversity Park in area earmarked for sparse residential development / Vasant Kunj Ph 2 (all in F-Zone, for which Zonal Plan was notified in 1998). > Photographs

Petitioner: Shiv Narayan (MPISG convener - villages) | Respondents: DDA, MoUD, GNCTD, MCD, MoCA, DMRC, CGWA | Counsel for the petitioner: Anupam Lal Das, S Muralidhar

Core issue: Delhi Development Act was enacted for the sole purpose of planned development, overall objective of which is set out in the Delhi Master Plan since 1962 as balanced and integrated development to take care of present and future growth, leading to explicit provisions for integrating old settlements in new developments. In Mehrauli-Mahipalpur area land acquired from villages for development according to Plan has been and continues to be used for new schemes with no basis in the Master Plan. These have failed to implement old settlements' Plan entitlements by way of housing expansion / provision, facilities like schools and work places, services like transport, water, etc. Instead, they have caused problems for old settlements and damage to the area's environmental and heritage resources. Repeated representations, including by due process of Public Notice, etc, for implementation of Plan entitlements and against new schemes in violation of the Plan have been ignored and are poised to become infructuous with unplanned schemes using up land needed for Plan entitlements - despite court order of 16.09.2002 that ordered, besides stopping, inquiry into Sultangarhi scheme to deter such illegalities.

Cause of action: Advertisements of 16.11.2003 for auction of sites for Vasant Kunj Malls, featuring the Biodiversity Park as USP.

| Pleadings (PIL & Additional Affidavit of December 2003, DDA counter-affidavit of February 2005 and Rejoinder of April 2005, MCD counter affidavit of April 2005, DDA reply affidavit of August 2005) | NCMP-DMP (housing-heritage) minder (July-October 2004) | Letters wrt Notice of 22/09/2004 (23/09/2004, 24/10/2004, etc) | Response to s.11A Public Notice for identically illegal IT Park on riverbed (October 2004) | Response to s.11A Public Notice for commercial use in Mahipalpur Hauz (06/12/2004) | Letters wrt NGO petition to CEC (20/07/2004 and 04/08/2004) | Letter wrt NGO PIL against farmhouse parties 21/11/2004, forwarded by GNCTD to DDA and MCD by letter of 11/01/05) | Letters to MoEF wrt EIA notification amendment and draft national environment policy (01/09/2004, 15/09/2004, 26/10/2004, 04/02/2005, 08/02/2005, 09/02/2005, 13/03/2005, etc) | s.41 applications to MoUD for directions for inquiry as per Sultangarhi order (05/07/2004, 25/08/2004, 22/11/2004, forwarded by GNCTD to DDA & MCD by letter of 11/01/2005, etc) | Letters to Police for investigation under s.34A (08/11/2004, 08/02/2005, 09/02/2005, 09/03/2005, 28/03/2005, etc) | Letters to LG about non-compliance / for directions for replies and action against continuing illegalities (21/11/2004, 27/01/2005: 09/03/2005, 28/03/2005, 31/03/2005 | Letters to Lok Sabha Standing Committee about non-compliance (05/01/2005, 09/01/2005, etc) | Representation to President about non-compliance (26/01/2005, forwarded for appropriate action to Chief Secretary by P2-1067460 of 04/02/05) | Responses to DMP 2021 Public Notice (June-July 2005)

10/12/2003: First listing: Respondents alleged the Petitioner represented the interests of rival Malls in Gurgaon, the court directed the Petitioner to file an additional affidavit to spell out violations in detail and adjourned the matter to 17/12/2003

• | 15/12/2003: Additional Affidavit filed by the Petitioner | 15/12/2003: Mall plots auctioned for 1100 crores

17/12/2003: Second listing: Respondents argued for the Malls, conceding in the process that Biodiversity Park involved a departure from statutory land use stipulations. The matter was adjourned to 24/03/2003 without notice being issued.

• | 29/01/2004: DDA VC made Home Secretary, earning kudos for record-breaking auction for Malls | 21/02/2004: Foundation stone for Biodiversity Park laid by LG and 4 MPs, including 3 ministers
• 08/03/2004: Politician's PIL against Malls dismissed by Supreme Court with order saying: "We are satisfied that the proposed Mall is on the area measuring 92 hectares of land, which has already been excluded by the order of this Court on 19th August, 1997. In that view of the matter, we do not find any merit in this petition. It is accordingly, dismissed. However, this order will not preclude the petitioner from availing any remedy, which may be available to him under law". (The PIL relied on NGO PIL of 1997 in which 92 Ha had been released from purview of DMP for up-market development in appeal)

24/03/2004: Third listing: Respondents argued that the PIL in High Court had been settled by Supreme Court order, of which they did not have a copy, and the matter was adjourned to 19/05/2004

19/05/2004: Fourth listing: Matter did not reach and was listed by Court Master for 04/08/2004

• | Home Secretary, formerly DDA VC, made Secretary MoUD | 07/06/2004: Indian Building Congress award for GNCTD 5-senses garden (grabbing DMP ridge park) | 20/06/2000: land allotment by GNCTD to NGO in Asola (forest & DMP ridge) | housing-heritage section started on NCMP-DMP minder | 05/07/2004: s.41 applications to MoUD for directions for inquiry as per Sultangarhi order | 29/06/2005: Construction of liver institute at VK begins | 12/07/2004: Complaints, with photographs, about start of boring / drilling on site of Malls' |
• 13/07/2004: NGO petition to SC Central Empowered Committee (CEC) for declaring Biodiversity Park project, etc, forest reported > Letter to CEC, with copy to respondents and others, to draw attention to the PIL in High Court + Letter to LG seeking inquiry as per order of 16/09/2002 for Sultangarhi scheme > 26/07/2004: (when CEC would have heard the NGO petition) in the evening old communities in up-coming Biodiversity Park were informed of demolition > letters of 26/07/2004, 27/07/2004, 28/07/2004 enumerating processes that the proposed demolition would frustrate | 29/07/2004: Pushta-like demolition of old settlements in Lal Khet in breach also of NCMP for illegal bio-diversity park.

04/08/2004: Fifth listing: respondents produced Supreme Court order of 08/03/2004 to insist it allowed the Malls, with illegal boring, and also settled the PIL in High Court. On the petitioner's contention that the PIL related to several projects and relied on Zonal Plan of 1998 and CGWA notification of 1999 rather than order in NGO PIL of 1997, High Court asked (without passing an order) for pleadings of the Supreme Court matter and adjourned to 22/09/2004

• | 04/08/2004: Excavation on Malls site commenced (and within a few days fleets of trucks began removing china clay, sand, murram and boulders) | 04/08/2004: Letter to CEC, with copy to respondents (who had not mentioned the CEC matter in High Court) | 17/08/2004: CEC "clearance" for Biodiversity Park reported > request to editor for clarification (not provided) | 19/08/2004: report about up-market building on site for charitable-hospital being up for sale > suggestion of 2002 to relocate GNCTD hospital from Green Belt to this site reiterated | 25/08/2004: start of earthwork on part of Sultangarhi project > s.41 application to MoUD for directions for inquiry as per Sultangarhi order | 01/09/2004: Request to Secretary MoEF for clarification about EIA requirement as per amendment of 07/07/2004 to EIA notification of 1994, reiterated in letters of 06/09/2004 (with reference to draft national environment policy, etc) and 15/09/2004 (about Delhi government's views of illegality and environment apropos industries, etc).

22/09/2004: Sixth listing: High Court issued notice to reply in 4 weeks to the petition and the application for interim directions to all respondents. Respondents had failed to produce the pleadings of their Supreme Court matter. About the Petitioner's concern about illegal boring, quarrying, etc, continuing, the court advised letters to authorities about further illegalities in view of notice having been issued. The matter was listed for hearing on 01/12/2004

• | 23/09/2004: Letter to respondents and others about status of illegalities on all sites covered by the PIL | 13-16/10/2004: Demand for compliance of Sultangarhi order of 16/09/2002 in terms of inquiry reiterated in responses to s.11A Public Notice to "regularize" identically illegal IT Park under construction on riverbed | 24/10/2004: letter to respondents and others about continuing illegalities on the sites covered by the PIL, with photographs of two | 26/10/2004: Comment on draft National Environment Policy with reference to continuing ridge and riverbed violations | 04-06/11/2004: GNCTD green claims: Show-casing of GNCTD Garden of 5 Senses at St.Etienne Biennial in France; GNCTD/MCD plans to save water bodies; GNCTD bhagidaari greening with children | 06/11/2004: Mention of work continuing on ridge projects despite notice in an op-ed article | 08/11/2004: Letter on to DCP(SW) for investigation under s.34A, with reference to start of quarrying on another Mall plot and of foundation work on Sultangarhi project.
• 20/11/2004: High Court notice in NGO PIL against policy to allow misuse of farmhouses for parties against a fee reported > Letter to ask respondents to cover points raised about this in letter of 17/02/2004 in replies in both PIL (forwarded by GNCTD Under Secy UD vide letter no.F.13(84)/2003/UD/MCD/15605 dated 11/01/2005, to DDA VC and MCD Commissioner for appropriate action and ATR to representationist)
• 21/11/2004: Letter to LG, with photographs, about large plot colonisation near Mandi, GNCTD institute and Sultangarhi projects | 22/11/2004: Letter to Secy MoUD, with copy to respondents, to ask for inquiry report, report of hearing, etc (forwarded by GNCTD Under Secy UD vide letter no.F.13(84)/2003/UD/MCD/15605 dated 11/01/2005, to DDA VC and MCD Commissioner for appropriate action and ATR to representationist)

01/12/2004: Seventh Listing: Matter adjourned to 23/02/2004 with directions to petitioner to take steps to ensure service (since one of the seven respondents had not been served the notice as per the record). DDA counsel sought two more weeks to file reply (presumably for all respondents, none of whom had complied with order of 22/09/2004 for filing replies in 4 weeks) and for some reason produced a copy of the Supreme Court PIL against the Malls, curiously claiming that it had also been dismissed in SLP. DMRC counsel, diligently present at all previous hearings, suddenly said they had no role in the petition but was asked to file affidavit. Counsel for the petitioner had no opportunity to raise the issue of continuing illegalities.

• | 06/12/2004: response to s.11A Public Notice for commercial use in Mahipalpur Hauz | 08/12/2004: Demand for stopping construction of IT Park till disposal of Public Notice and disposal before Mahipalpur Public Notice (forwarded to Secretary MoUD for appropriate action as per President Secretariat's letter P1/D-77077 of 13/12/2004) | 16/12/2004: Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Bill passed | 23/12/2004: Request for clarifications about GNCTD public notice for regularisation of unauthorised colonies | 26/12/2004: Representation for "exemplary demolition" of IT Park on riverbed on grounds of disregard of several statutory/judicial processes, starting with court order of 16/09/2002 for Sultangarhi | 27/12/2004: Request for clarifications about MCD byelaw reform proposals for villages in view of overlapping issues awaiting disposal in, among others, this PIL | 05/01/2005: Now Bhagidari extends to conservation of monuments | 05/01/2005: Note for Standing Committee visit to Vasant Kunj | 09/01/2005: Letter to MP (member Standing Committee an DDA Advisory Council), wrt also the bhagidaari demand for Sultangarhi project by some RWA office bearers at Standing Committee visit | 07/01/2005: Supreme Court appoints expert committee for preservation of ancient buildings in PIL by INTACH | 12/01/05: MoEF constitutes expert committee to assess construction projects requiring environmental clearance | 16/01/2005: DMP subversion - insights into bhagidaari - letter to GNCTD about routine forwarding of letters of 21 & 22/11/2004 | 26/01/2005: Letter from Mr Ajit Singh Mullick of Masudpur to President of India (forwarded for appropriate action to Chief Secretary GNCTD as per President Secretariat's letter P2-1067460 of 04/02/2005) | 27/01/2005: Letter to LG about non-compliance of orders wrt Republic Day address | 30/01/05: Naraina demolitions and Masudpur Mall | 01/02/2005: Petitioner's letter to LG requesting directions for replies and against work on challenged projects and any dispossession, with copy to all respondents (forwarded by GNCTD Under Secy UD vide letter F.No.13/84/2003/UD/MB/18352 dated 23/02/2005 to DDA VC, MCD Commissioner and GNCTD Dy Secy Bhagidari for appropriate action and ATR/comments to representationist) | 04/02/05: press reports of NGO "protest" against VK malls > Letter from Petitioner to LG / DDA Chairman with copy to President, PM, Urban Development Minister, MoEF Secretary | 07/02/05: news report claiming and lamenting no work on GNCTD Liver institute (briskly under construction) | 08/02/2005: Letter from Mr Ajit Singh Mullick to DCP (SW) for investigation u/s.34A of Master Plan violations in the area, including those by experts / RWAs demanding them | 09/02/2005: Letter from Petitioner to DCP (SW) for investigation into continuing illegalities and NGo/experts demanding or weakly protesting them and for report in time for next hearing | ----azpt--- 09/02/2005: Request to MoEF for reply in time for next hearing to letters seeking clarifications about EIA amendment implications | 09/02/05: news report about gardening promotion at Garden of 5 senses | 10/02/2005: News report quoting officials about the projects challenged in WP 23/2003 > Letter of 12/02/2005 to LG and of 13/02/2005 to CVC | 22/02/2005: Inauguration of Mandi by CM |
• 22/02/2005: counter affidavit of DDA (failing to answer the petition in general and the additional affidavit in particular)

23/02/2005: Eighth Listing: Order: "DDA to file a reply within two weeks dealing with the specific averments made by the petitioner in the additional affidavit. Rejoinder, if any, within a week thereafter. To come up on 27.4.2005".

• | 01/03/2005: Letter to MCD wrt GNCTD forwardings, farmhouse misuse policy, property tax, Lal Dora and byelaw reform, with copy to GNCTD and DDA for expediting reply | | 09/03/2005: News report of disapproval about post-facto land use change expressed at Authority meeting of 28/02/2005 > Letters to LG, CGWA, Police Commissioner, CVC | 13/03/2005: Letter to MoEF wrt inauguration by CM of NGO centre in Asola forest and GNCTD DPCC Public Notice re EIA notification amendment | 23/03/05: GNCTD budget speech referring to Mandi, Liver Institute, etc | 24/03/2005: ASI objection to elevated metro corridor by DMRC at Qutb | 27-28/03/2005: Letters to DMRC, ASI and LG wrt F-Zone Plan imperatives (including responsibilities for ASI, INTACH), etc, being subject of MPISG PIL awaiting replies | 27-28/03/2005: complaints to police for s.34A investigations wrt director of school of habitat-studies functioning in violation of DMP2001 being named as chairman of DMP2021 conservation and renewal sub-group | 29/03/2005: DDA budget > 31/03/2005: Letter to LG | 07/04/2005: petition against metro property development filed | 09-10/04/2005: news reports about Mandi not functioning | 11/04/2005: Dikshit and water for Delhi | 15/04/2005: DDA go-ahead for crafts bazaar at Vasant Kunj (Malls)
• 21/04/2005: Rejoinder affidavit (to DDA counter affidavit of February 2005 in absence, with no other reply having been filed)
• 25/04/2005: Counter-affidavit of MCD (claiming no role in the petition / area)

27/04/2005: Ninth Listing: Order: Rejoinder affidavit on behalf of the petitioner is served to the counsel today in Court. List on 3.8.2005. C.M.13706/03: No orders are required in the application as direction is being issued in the main petition. C.M stands disposed of. (DDA was also told to file reply to additional affidavit of 15/12/2003 in terms of 23/02/2005)

• | 04/05/2005: Capital's wildlife sanctuary to be a reality soon (Asola) | 06/05/2005: news report of tendering scam in Sultangarhi mega-housing | 07/05/05: news report re CAG reference re Sultangarhi | 09/05/2005: Facelift for lake (GNCTD plans for water sports at Tihar lake) | 12/05/2005: news report about former Justice Shamit Mukherji, implicated in DDA scam | 12/05/2005: MCD to change farmhouse rules, RWAs see red | 12/05/2005: Building rules may be relaxed (lal dora) | 14/05/2005: Qutub Minar in a new light | 14/05/2005: MCD to look into closing four landfill sites | 17/05/2005: Coming soon, a forest near you | 17/05/2005: Naraina left in the lurch | 21/05/2005: Neemrana town will ease Capital burden | 23/05/2005: Squatter menace at sanctuary (okhla) | 23/05/2005: news report of CAG on Sgarhi | 27/05/2005: Liver institute to miss date, 2nd year running | 27/05/2005: Nod for Bhatti landfills | 29/05/2005: Farmhouses party on exotic harvest | 30/05/2005: July 15 deadline for revival of wet water bodies, but what about this summer | 16/06/2005: DJB may get groundwater control | 16/06/2005: Forest Dept to plant 10,000 saplings on Ridge | 16/06/2005: Panchayat blows whistle on Gurgaon land grab |
• 17/06-07/07/2005: Responses to DMP2021 Public Notice
• | 10/07/2005: Sahib ready to run over catchment area | 12/07/2005: MCD moves SC on Ridge landfill | 12/07/2005: NCR opens heritage chapter, footnote on sites yet to be excavated | 13/07/2005: Water, drains for all 163 Delhi villages in 5 years | 13/07/2005: Blueprint to develop rural areas around the city soon | 15/07/2005: Rural development projects at a standstill | 17/07/2005: 40 more five-star hotels for Games | 20/07/2005: Delhi is greener; South Delhi greenest | 21/07/2005: Forest survey: Cover up, but density down | 27/07/2005: DDA to auction 11 plots for wedding halls in Dwarka | 28/07/2005: Airport all set for facelift
• 28/07/2005: contempt notice to MCD commissioner in NGO PIL against farmhouse misuse reported
• 02/08/2005: DDA reply affidavit (to Additional Affidavit of 15/12/2003)

03/08/2005: Tenth Listing: Order: "Pleadings are complete according to the parties. List for hearing on 19th October, 2005".

| 04/08/2005: Consult RWAs, says panel on land use (news report on Standing Committee report) | 06/08/2005: Now a night safari in your neighbourhood (Biodiversity Park) | 06.08.05: MCD's bid for Bhatti Mines land put on hold | 07/08/2005: Govt plans wild stretch for Bhatti Mines | 07/08/2005: INTACH to revive 3 more lakes | 19/08/2005: Gram Sabha land up for grabs | 23/08/05: Fate of Sainik Farms hangs in balance | 26/08/2005: Ridge Board to inspect DDA's plantation patterns in Sanjay Van | 27/08/2005: From garbage dump, we developed a beautiful place: Verma | 30/09/2005: re ASI panel to review 100/200m norm | 30/08/2005: Rubble removal from Sultangarhi site for masonry work in Biodiversity Park > Police complaint in continuation of complaints of 2002-2003 and claim by local police that DDA staff has filed work orders / permissions claiming also Supreme Court clearance for excavation on Malls site | 03/09/2005: Illegal mining destroys ecosystem in the Aravalis (news report about private mining) | 08/09/2005: MCD seeks time on farmhouse issue | 08/09/2005: Land for media centre transferred to housing society | 15/09/2005: Aravalli mining: HC notice to Centre