DMP has explicit provisions for hawking, small shops, regulated mixed use, etc, that recent informal sector policy has been disregarding to maintain extortionist status-quo and other policy has been subverting by allowing misuse of their DMP space. NCMP commitments for informal sector call for rectification by enforcing DMP or better solutions.
The business of hawking hawkers, as chronicled in 2002 under a different regime: Hawking Hawkers: How high-profile policy dialogues can lead to downsizing of citizens’ statutory entitlements1, May 2002
Policy since 2001 for informal sector is premised on denial of existence of statutory DMP solutions via planned space and is serving to spare this space for profiteering and to maintain extortionist status-quo. NCMP commitments called for rectification by enforcing DMP or better solutions for informal sector...
In October 2004, in name of NDA policy and shockingly procured Supreme Court approval, MCD decided to “regularize” unplanned hawking and privatise its management in joint-venture with an NGO. Unlike by CVC letter of 2001 in support of NGO ideas, both governments remain unmoved by CVC letter of 2004 in support of DMP solutions, MoUD continues to desire not to reply in two-year-old PIL against misuse of DMP space meant for informal sector, despite assurances on affidavit DDA continues to promote its misuse for profit while also seeking police help for evicting hawkers from it …
NCMP-DMP convergence opportunities… missed and subverted
- 14.06.2004: Hawkers' demand to implement informal sector commitments of NCMP by enforcing DMP solutions and suspending recent "policies", made in letter to DDA and MoUD, respondents in MPISG PIL of 20022
challenging freehold disposal of planned commercial space for unrestricted use in violation of DMP provisions and objectives
- 16.06.2004: NGO meeting to press for NDA policy in name of UPA’s NCMP3: letter to MoUD, etc, to object | pictures4
- 22.06.2004: NCMP-DMP Note-45 about DMP opportunities and imperatives for NCMP informal sector commitments, summarising prior engagements
- 23.06.2004: Request to stop licensing commercial use in violation of DMP wrt Supreme Court remarks in the matter of industries, at no.1 in letter to Commissioner (Planning)6
- 23.06.2004: Application for addition of NCMP-DMP Note in response to s.11 Public Notice for metro property development7, at no.3 in letter to Commissioner (Planning)8
- 11.07.2004: Complaint against incident of hawker harassment
- 02.08.2004: Policy to license commercial misuse in residential areas quashed by Supreme Court (but without directions for DMP solution, not sought in that PIL)
- 04.08.2004: DDA continued to insist in High Court that the MPISG PIL of 2003910111213141516 challenging several DMP violating government projects in ridge area has been “settled” in subsequent PIL by Supreme Court order “allowing” Vasant Kunj Malls
- 11.08.2004: High Court order for replies on supplementary affidavit in MPISG PIL of 200217 that the Petitioners had filed in March 2004 after being directed to point out at all three levels – Master Plan, Zonal Plan and Layout Plan – how the breach had been committed by DDA)
- 13.08.2004: News report about market association’s redevelopment plans for DDA market “handed over” to it for “maintenance”18, with both market (misuse therein) and “policy” for privatising “maintenance” covered by MPISG PIL of 2002 (picture)19
- 19.08.2004: News report about non-functional “charitable hospital” (picture)20, against which complaints for hawker harassment, etc, were made in 2002, being up for sale: news report, letters, etc212223
- 30.08.2004: PM reiterates NCMP promise of National Commission for unorganised sector24 at SSI convention
- 01.09.04: News report of MCD plan to privatise management of weekly markets on unplanned, illegal sites25
- 06.09.2004: GNCTD Public Notice about allowing late shopping
- 06.09.2004: NASVI (SEWA) letter to hawker groups affiliated to it, asking for details of their advocates to invite them to a meeting proposed in December to take stock, after approval (by NDA) of policy based on their presumption anti-hawker laws, of pro-hawker laws
- 07.09.2004: Weekly markets privatisation and night shopping liberalization: comment26| letter27
- 10.09.2004: Central Vigilance Commission letter to Delhi Government and PMO for action plan for implementing DMP provisions for hawkers
- 18.09.2004: DDA/MoUD Public Notice for change of land use on river bed to commercial for metro IT Park28, unmindful of objections, including in response to prior Public Notices, against refusal of DMRC to make mandatory provision for informal sector in its development
- 22.09.2004: High Court issued notice in MPISG PIL of 2003
- 02.10.2004: DDA letter for police assistance against "vendor menace" in Nehru Place: letter to Police Commissioner29
- 12.10.2004: News report about Manushi-MCD idea to "regularize" all hawkers and privatise their management30 in line with NDA policy, inclusive of recommendations for abandoning provisions against street encroachments in municipal and police laws, and Supreme Court “approval”
- 13.10.2004: DDA and MoUD fail to file replies on supplementary affidavit in MPISG PIL (inclusive of NGO account of how Supreme Court “approval” was procured for DMP violating “policy”)31, matter not heard.
- 14.10.2004: NCMP-DMP concerns, etc, raised in hawkers' response to s.11A Public Notice for metro IT Park
- 16.10.2004: Letters to MCD and others to posit that the Manushi-MCD idea is invalid under MCD Act and cognisable offence under DDA Act32, sent also to DDA and MoUD in view of MPISG PIL, HUDCO, DUAC, Delhi Police and NCRPB in view of their role in NDA policy, and CVC and PMO in view of CVC letter
- 23.10.2004: News report about another High Court order “against” hawkers33, on basis of licensing laws, not valid since DMP notification in 1990.
- 24.10.2004: Letters to “official” NCMP minders – PMO34, UPA-Left CC35, NAC36 – for their view on this chronicle… NCMP-DMP MINDER (COMMERCE) SUSPENDED
- dmp2021 minder / track / entitlements - commerce: entitlements at risk37, up to august 2003
- mpisg pil against unrestricted disposal of planned commercial space, etc, december 2002
- mpisg pil against unplanned development in ridge area, including for malls in violation of dmp while dmp commercial facility provisions are yet to be implemented, december 2003
- 1. Hawking Hawkers: How high-profile policy dialogues can lead to downsizing of citizens’ statutory entitlements
In February 2001 I was appointed planning consultant by a group of over 350 hawkers to assist their efforts to secure implementation of statutory Master Plan provisions for space for hawkers in markets, etc. In mid-2001 our simple but well-progressing efforts were derailed in a rude encounter with a high-profile policy dialogue precipitated by premier NGOs and engaging the highest levels in government and premised on the assumption that Master Plan provisions for hawkers did not exist!
- 2. Hawking Hawkers scuttled?
NASVI (SEWA) had arranged today a sammelan of representatives of hawkers associations in Delhi to form a federation to press for implementation of the national hawker policy that NDA had made at instance of NASVI-SEWA during 2001-2004.
- 3. Ibid.
- 4. source: http://plan.architexturez.net/site/FILES/images/040616
- 5. National Common Minimum Programme: Opportunities and imperatives - Delhi Master Plan provisions for informal sector trade
Note on DMP opportunities and imperatives for NCMP informal sector commitments, sent on 23.06.04 (in view of diversionary-policy developments)
- 6. Note: CMP opportunities and imperatives – Delhi Master Plan provisions for informal sector
Informal sector trade, beneficial for weaker section workers that it employs and the common man whom it serves, is an obvious area for responding to the mandate that UPA’s National Common Minimum Programme (NCMP) accepts is for “parties wedded to the welfare of … workers and weaker sections … committed to the daily well-being of the common man”, especially so in view of (besides specific NCMP commitments) four of UPA’s six basic principles for governance (‘equality of opportunity … in … employment’, economic growth in which ‘each family is assured of a safe and viable livelihood’, ‘well-being of … workers, particularly those in the unorganised sector’ and unleashing ‘creative energies of our entrepreneurs’) as well as the fact of recent informal sector policy initiatives being wholly contrary to NCMP.
- 7. Response to Public Notice of April 2004 about proposal to modify DMP to allow unfettered metro property development all along the metro corridor (13.05.2004)
- 8. National Common Minimum Programme: Opportunities and imperatives - Delhi Master Plan provisions for informal sector trade, Letter to Commissioner, Op. cit.
- 9. PIL Excerpts from WP 8523/2003, Shiv Narayan v/s DDA & Ors
- 10. Additional Affidavit
- 11. DDA counter affidavit (February 2005)
- 12. MPISG Rejoinder (April 2005)
- 13. MCD counter affidavit (April 2005)
- 14. DDA counter affidavit (August 2005)
- 15. Rejoinder (to MCD counter-affidavit of April 2005)
- 16. Rejoinder (to DDA Additional counter-affidavit of August 2005)
- 17. Supplementary Affidavit on behalf of the Petitioners
WP 6980/2002 (MPISG & Ors v/s DDA & Ar), 2004
- 18. source: http://cities.expressindia.com/fullstory.php?newsid=95300
- 19. source: http://plan.architexturez.net/site/FILES/images/040813
- 20. source: http://plan.architexturez.net/site/FILES/images/np/040819
- 21. Letter of February 24, 2002
- 22. Excerpt from letter of 26 February 2002
Letters of February 2002 following harassment of tea vendor by a charitable trust management owning a freshly constructed unutilized building on site meant for hospital in Vasant Kunj and news report of 19.08.04.
- 23. Vasant Kunj ‘charitable’ hospital for sale
News report in Hindustan Times, 19.08.2004
Aruna P. Sharma, New Delhi, August 19
A charitable hospital for which DDA had allotted land for a mere couple of lakhs in Vasant Kunj is up for sale for Rs 45 crore.
The builder who has taken over the trust to which the land had been allotted, is demanding Rs 45 crore in outright purchase or Rs 45 lakh minimum guarantee for rental per month, alleged doctors and hospital administrators who have been negotiating with the builder.
The hospital, located near the B-1 residential sector in Vasant Kunj was completed in three years. The plot on which the hospital was built was allotted in the name of a trust for a sum of Rs 1.97 lakh, DDA sources said. But the hospital is not functional as yet.
M K Tiwari, a resident of B-1 Vasant Kunj said the hospital was meant to be a charitable hospital. Until a few days back a board saying 200-bedded charitable hospital was on display outside the building. He complained that if the hospital is run on commercial lines then the very purpose of allotting land for providing low cost services, is defeated.
Vice-chairman of Vasant Kunj federation of RWAs, Dr Avtar Krishan said the nearest hospital for Vasant Kunj residents is the Spinal Injuries Centre and the Holy Angels hospital which is in Vasant Vihar. Dr Krishan said when the trustees had fallen apart, a builder, Sarin, was roped in.
DDA Lands Disposal Commissioner R.K. Singh said the agency had issued showcause notice to the hospital last Friday for transfer of trustees, constructing basement in excess of the permissible limit and constructions in the setbacks. He said the DDA will take action as per the lease terms.
- 24. National Commission to be set up for the unorganised sector
PM inaugurates SSI convention
The Prime Minister, Dr. Manmohan Singh, has said that the Government is contemplating to aid and support the small scale industries sector. He announced that a National Commission to examine the problems facing enterprises in the unorganized, informal sector would be set up. The Commission will have a comprehensive mandate to examine and review existing institutional mechanism for supporting small enterprises, he added.
http://www.pib.nic.in/release/release.asp?relid=3578&kwd= (Retrieved 17th December, 2012)
- 25. MCD introduces contract system for weekly marts
NEW DELHI: MCD plans make sure each market has a contract-based on certain conditions, unlike at present, where Rs 5 tickets are issued to the vendors under the tehbazari system.
http://www1.timesofindia.indiatimes.com/articleshow/834282.cms (Retrieved 17th December, 2012)
- 26. [mpisgmedia] Weekly-markets pricatization and late-night-shopping
- 27. "Weekly-markets privatization, late-night-shopping liberalization" - Letter of 07.09.2004 to Secretary, MoUD
DMP provides for planned space for Weekly Markets in planned commercial centres in non-working hours. In the first week of September 2004 MCD has announced its scheme to auction management of Weekly Markets in unplanned locations and Delhi Government has announced its scheme to allow late-night shopping.
- 28. Infrastructure, National Common Minimum Programme, Delhi Master Plan Monitor
DMP treats physical infrastructure as determinant in carrying capacity decisions, key factor in zoning decisions for efficiency and one of a bundle of inputs for equity. Ad-hoc infrastructure investments are distorting planned development and, with neither framework nor measure for optimality, going through a sieve. NCMP promises more of this, but its premises do call for a DMP convergent view.
- 29. Letter of 02 October 2004
excerpt from complaint / request for action against unlawful initiatives re hawkers written to Police Commissioner with reference to news report about DDA request for police assistance for “vendor-menace”
- 30. source: http://cities.expressindia.com/archivefullstory.php?newsid=103063&creation_date=2004-10-12
- 31. MANUSHI on hawkers
Excerpts from MANUSHI, a journal about women and society, also high-profile NGO that precipitated in 2001 in Delhi a Prime Minister’s policy in disregard of statutory Delhi Master Plan provisions for hawkers and has, since then, come to occupy centre-stage in the dominant discourse on hawker-policy in Delhi. (The last, of March-April 2003, provides an account of how Supreme Court approval was obtained and is included in annexure in additional affidavit in MPISGPIL)
- 32. Letters of 16-17 October 2004
- 33. source: http://cities.expressindia.com/fullstory.php?newsid=104373
- 34. Requests for views of "official" NCMP minders
- 35. Ibid.
- 36. Ibid.
- 37. Delhi Master Plan 2021 - TRACK
Status, process and trends affecting entitlements