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- Narayan, Shiv. MPISG Cases - Commerce WP(c) 8523/2003. MPISG. New Delhi: Architexturez Imprints, 2003.
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Excerpts from WP 8523/2003 (Shiv Narayan v/s DDA & Ors), December 2003
This writ petition under Article 226 of the Constitution of India is being filed as Public Interest Litigation seeking directions for a-priori scheme(s) for implementation of Master Plan entitlements of old settlements in Mehrauli-Mahipalpur area (New Delhi) and for stoppage of new schemes unmindful of the provisions of the Delhi Master Plan and Central Ground Water Authority notification and, hence, violative of Delhi Development Act, 1957.
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.
I, Shiv Narayan s/o Late Shri Jaisi Ram, aged 66 years, resident of Village and PO Mahipalpur, New Delhi – 110037, do hereby solemnly affirm and state on oath as under:
IN THE HIGH COURT OF DELHI AT NEW DELHI W P (C) NO. 8523 OF 2003
In re: |
SHIV NARAIN .…...PETITIONER |
I, Rakesh Bhatnagar, Director (Commercial Lands) in the DDA, Vikas Sadan, New Delhi, do hereby solemnly state and affirm as under:-
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.
IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL WRIT JURISDICTION
CIVIL WRIT PETITION NO. 8523 OF 2003
IN THE MATTER OF: | Shiv Narayan … Petitioner versus Delhi Development Authority & Ors … Respondent |
I, Gita Dewan Verma, aged 43 years, resident of 1356 DI Vasant Kunj N Delhi - 70, do hereby solemnly affirm and state on oath as under:-
sd/-
DEPONENT
VERIFICATION: |
I, the deponent above named do hereby verify that the contents of the above affidavit are true and correct to the best of my knowledge and belief. That no part of it is false and nothing material has been concealed therefrom. Verified by me at New Delhi, this 21st day of April, 2005. |
sd/- DEPONENT |
ANNEXURE-P/13: Public Notice dated 07/11/2004 issued by DDA (for land use change to commercial in Mahipalpur Hauz)1 |
ANNEXURE-P/14: News report published in Express Newsline dated 15/04/2005 (DDA go-ahead for craft bazaar at Vasant Kunj)2 |
ANNEXURE-P/15 (colly): List of representations made pursuant to notice issued on 22/09/2004 (and copies of letters of 21/11/04, with 17/02/04, and 22/11/04 and GNCTD letter of 11/01/05 forwarding the same to DDA VC and MCD Commissioner and GNCTD letter of 23/02/05 forwarding letter of 01/02/05 from the petitioner to DDA VC, MCD Commissioner and GNCTD Dy Secretary Bhagidari for appropriate action) |
|
IN THE HIGH COURT OF DELHI AT NEW DELHI CWP 8523 of 2003
In Re: Shiv Narayan … Petitioner Vs Delhi Development Authority & Ors. … Respondents
COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENT No.4 MUNICIPAL CORPORATION OF DELHI (MCD) TO THE WRIT PETITION FILED BY THE PETITIONER
I, Shamsher Singh, Senior Town Planner, Municipal Corporation of Delhi, do hereby solemnly affirm and declare as under:-
PRELIMINARY SUBMISSIONS
A) It is respectfully submitted that the area in question is a “development area” and falls under the jurisdiction of Delhi Development Authority (DDA) and therefore no cause of action against answering respondent. However, for the sake of clarity it is submitted that role of MCD would come into play only after the “area in question” is handed over to MCD, under formal orders of the Lieutenant Governor of NCT of Delhi and that too for the purpose of “limited to maintenance of”
B) I respectfully submit that the procedure is that the MCD accepts an area from DDA for maintenance purposes, after it has been “developed” by DDA. If it is found that the area being transferred to MCD has not been fully developed, then the MCD claims “deficiency amount” and this amount is settled by the Lietenant Governor of NCT of Delhi, before he finally passes order of transfer of area from DDA to MCD. It is on the payment of above charges only that MCD accepts the said transfer. The liability of MCD with respect to services mentioned above, starts only after proper handing over / taking over of the said area as per the orders passed by Lieutenant Governor of NCT of Delhi.
C) I say that, as on date of swearing of this affidavit, the area in question in this writ petition is a “development area” and the DDA has not transferred it to MCD and therefore no cause of action stands against the MCD and it is prayed that the Municipal Corporation of Delhi be deleted from the array of respondents.
Reply on Merits
Para 1 & 2: That Para 1 and 2 of the present Writ Petition requires no comment as the same are a matter of record The Respondent No.4, MCD, claims having no knowledge of the same. It is submitted. that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 3: That in Para No.3 of the present Writ Petition the Petitioner himself has admitted that it is the Delhi Development Authority (DDA) which is a planning and development agency with a sole motive to promote and secure development of Delhi therefore no reply is called for from MCD. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 4: That Para 4 of the present Writ Petition requires no comments on behalf of MCD since the contents exclusively pertains to DDA. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 5: That since it is the Delhi Development Authority which is the Planning and the Development Agency, the reply to the contents of Para 5 of the present Writ Petition is to be filed by DDA and not by MCD. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 6. That regarding (a) and (b) of Para 6 of the present Writ Petition, the reply is to be filed by DDA as well as by the concerned services department. It is respectfully submitted that MCD is no where concerned / related with the said schemes or plans nor does it have any knowledge of the same. It is respectfully submitted that MCD has only been impleaded as a Performa party. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 7. That the contents of Para 7 of the present Writ Petition are not denied as the same are a matter of record. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 8. That the contents of Para 8 of the present Writ Petition are to be replied by DDA. It is submitted that MCD is nowhere concerned with it. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 9. That the contents of Para 9 of the present Writ Petition are to be replied by DDA, as the Vasant Kunj area was planned and developed by DDA. It is respectfully submitted that MCD is nowhere concerned with it. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 10. That on the basis of the submissions made above, Para 10 of the present Writ Petition also needs to be replied by DDA, as the same relates to development of the Vasant Kunj area. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 11. That with regard to contents of Para 11 of the present Writ Petition it is respectfully submitted that the site for schools were allotted by DDA, which is the Planning and Development Agency and therefore it is the DDA which is the proper authority file the reply. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 12. That same view has been taken regarding Para 12 of the present Writ Petition also. since the issue in question pertains to planning and development, the reply is to be filed by DDA. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 13. That Para 13 (a) of the present Writ Petition also pertains exclusively to DDA and does not pertain to MCD, therefore no reply is called for from MCD. As far as contents of (g) of Para 13 are concerned, the surrounding area of Mahipal Pur have been planned and developed by DDA therefore the matter pertains to DDA and it is to be replied by DDA. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.
Para 14. That as has been stated above, the issue being related to planning and development, would require reply from DDA.
Para 16. That based on the above-mentioned submissions, sub-clause (a) to (h) mentioned as Grounds under the present Writ Petition is to be looked into and replied by DDA and concerned service Agencies. It is respectfully submitted herein that the MCD has absolutely no role to play in the said operation
sd/- DEPONENT
VERIFICATION:
Verified at New Delhi on this day of April 2005, that the contents of para No.1 to 15 of the counter affidavit are true and correct to my knowledge and as per official records maintained in the Office of Municipal Corporation of Delhi. Contents of Preliminary Submissions are true and correct to my knowledge and record as maintained in the office of Municipal Corportion of Delhi. Nothing material has been concealed therefrom.
sd/-
Deponent
IN THE HIGH COURT OF DELHI AT NEW DELHI
W P (C) NO. 8523 of 2003
In re:
SHIV NARAYAN … PETITIONER
Versus
DELHI DEVELOPMENT AUTHORITY … RESPONDENT
REPLY TO THE ADDITIONAL AFFIDAVIT FILED BY THE PETITIONER ON BEHALF OF THE RESPONDENTS (D.D.A)
I, R.K.Jain, director (Area Planning - I) in the DDA, Vikas Minar, New Delhi, do hereby solemnly state and affirm as under:-
PARAWISE REPLY
1-3) The contents of paras 1-3 are basically a matter of record and hence need no reply.
3) The contents of para 4 are admitted to the extent of the provisions of the Master Plan. It is further admitted that the Zonal Plan for Zone-J is yet to be processed for approval. The Zonal Plan for Zone-F was approved by Government of India on 5th June, 1998.
5) In reply to para 5, the details of the project initiated by DDA in Zone-J is as under:-
b) The change of land use of the area under reference (which includes DDA Sports Complex and Government of NCT of Delhi Hospital / Institute has been taken up in the Technical Committee Meeting held on 3-2-05. Thereafter, the matter was taken up in the Authority Meeting held on 19-7-05 and the same has been approved. A part Lay Out plan showing the DDA Sports Complex and the GNCTD Hospital for Liver and Billiary is annexed hereto as ANNEXURE R A 1.
c) It is submitted that permission for construction of APMC Mandi at Andheria Morh has never been given by the DDA. The matter has been examined and it was found that the proposal for development of Farmers market at Amdheria More, Mehrauli was submitted in DDA by APMC vide letter dated 6-5-2003 seeking approval / permission for development of the market. In response, DDA, vide letter dated 18-6-03 informed the following to the APMC……
“The site which has been proposed for Farmers Market at Andheria More, Mehrauli falls in the Regional Park, where as per the MPD 2001 and orders of the Hon’ble Supreme Court no construction / permanent structure is permitted. In view of the above, the proposal for development of Farmers market can not be acceded to.”
Again the DDA, vide letters dated 9th July 2003, 14th August 2003, 8th April 2004 and 20th July 2004 informed APMC Azadpur, OLSLD to C.M. Public Grievance Cell, Delhi Sectt. that since the land is a part of the Regional Park / Ridge as per MPD 2001 and no development plans have been approved by DDA, APMC was requested to approach the Ridge Management Board for their clearance which a pre-requisite and as such N O C could not be issued to APMC. It may be noted that in the land use plan of Draft MPD 2001, the land under reference falls in Ridge / Regional Park. It is thus clear that the permission for construction of APMC Mandi at Andheria More was never given by the DDA.
d) DDA has taken up the Housing Project in Sector D, Vasant Kunj in conformity with the Land Use Plan. A copy of the Layout Plan of Sector D-6 Vasant Kunj is annexed hereto as ANNEXURE R A-2.
6) In reply to para 6, it is submitted that as per MPD 2001 in sib-zone F-13, about 315 Hectares of area was proposed to be utilized for various urban uses and subsequently as per the orders of EPCA in October, 1999, 223 Hectares area was proposed to be kept as ‘GREEN’ and Hon’ble Supreme Court has vide its order of August 1997, allowed construction in 92 Hectares of area where DDA had disposed of institutional and commercial plots as per the approved Layout plan. MOUD vide letter No.K 17011/3/95 DDIB dated 17-4-02 had conveyed the approval of Government for allotment / development of 92 Hectares of area as per land use. This matter has already been disposed of by the Hon’ble Supreme Court Order dated 8-3-04. As per the approved layout plan of 92 Hectares, 25 Hectares has been earmarked for Public and Semi Public Facilities. A copy of the layout plan is annexed herewith and marked as ANNEXURE RA-3. Shopping mall is a nomenclature for particular type of commercial activity and basically comprises of commercial shops, which are permitted in Comemrcial Use Zone. Copy of Supreme Court orders dated 19-8-97 are annexed herewith and marked as ANNEXURE RA-4.
7) It is denied in reply to para 7 that specific instances cited in paras 4 and 5 indicate that there has been any master plan violation. The detailed reply of paras 5 & 6 may be seen in this regard. It is reiterated that there is no Master Plan violation.
8) It is denied in reply to para 8 that there has been violation of any order contrary to the master. It is submitted that the DDA is adhering to the proper recourse under law where-ever any change in land use in the master plan are envisaged and the due process under section 11(a) of the Delhi Development Act is being followed before attempting to change the master plan.
9) The contents of para 9 need no reply. The petitioner may be put to strict proof to prove his averments made in the para.
RESPONDENT
Through
(SANGEETA CHANDRA : ADVOCATE
Counsel for the Respondent)
IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CIVIL WRIT JURISDICTION
CIVIL WRIT PETITION NO. 8523 OF 2003
IN THE MATTER OF:
Shiv Narayan ... Petitioner
versus
Delhi Development Authority & Ors ... Respondents
REJOINDER AFFIDAVIT ON BEHALF OF THE PETITIONER TO COUNTER-AFFIDAVIT ON BEHALF OF RESPONDENT No.4 (MCD)
I, Gita Dewan Verma, aged 44 years, resident of 1356 DI Vasant Kunj New Delhi - 70, do hereby solemnly affirm and state on oath as under:-
REJOINDER TO PRELIMINARY SUBMISSIONS
A) The Respondent's contention (in its paras A and C) that no cause of action arises against it because Mehrauli-Mahipalpur is "development area" and under DDA is denied. It is submitted that:
(i) Delhi Municipal Corporation Act, 1957 (MCD Act) covers, by s.1(2) and s.2(10), the entire UT except Cantonment and New Delhi and its Fourteenth Schedule lists Mahipalpur as Ward 43 in Rural Nazafgarh Zone, Mehrauli as Ward 44 in South Zone.
(ii) The area in question includes rural J-Zone and villages and prior to Vasant Kunj scheme was entirely Rural Area in terms of s.2(52), attracting MCD statutory obligations under s.39 (Rural Areas Committee) and s.507 (Special Provisions as to rural areas), reproduced herewith asANNEXURE-P/16,
(iii) S.12 of Delhi Development Act (Declaration of development areas and development of land in those and other areas), far from alienating "development area" to DDA, empowers MCD to, say, prevent by proviso to s.12(1) "development area" declaration if detrimental to Rural Area, promote by s.12(3)(ii) schemes for integration in appurtenant area and as member of the Authority secure enforcement even within "development area" of Plan provisions for benefit of villages by s.12(3)(i).
B) The Respondent's contention (in paras A to C) that its role in the area will commence after handover with deficiency amount and be limited to certain maintenance tasks is denied. This is untenable in terms of aforesaid, among other, statutory provisions and belied by the fact that MCD is already engaged, besides in maintenance and taxation / licensing tasks, in running schools and dispensaries and works like improvements in slums, installation of street lights, construction of hawker kiosks / community toilets / school extensions in the area. Pursuant to court orders regarding byelaws in villages, it reportedly also constituted a sub-committee of 4 councillors including the one from Mahipalpur (Rajendri Sehrawat), news reports dated 25.06.04 and 19.12.04 of which are annexed herewith as ANNEXURE-P/17.
C) Apropos prayer for deletion from the array of respondents on basis of contentions about "development area", it is submitted that the Petition does not even pertain to "development area" and s.12 of DD Act read with s.39 and s.507 of MCD Act casts upon MCD obligations directly related to the Petitioner's prayers and the Respondent's prayer is a ploy to skirt reply and suppress facts of its contrary pursuits, notably, "local area plans" for urban villages, about which it is submitted that:
(a) MCD initiated with private parties an exercise to modify building byelaws to make them "area-specific", including for villages, revealed in an official seminar on 20.04.04 and reported in news reports such as the one at ANNEXURE-P/18(a).
(b) Following a presentation to LG on 01.11.04, CM directed MCD to frame byelaws for regularisation of unauthorised areas, as per news reports such as the one at ANNEXURE-P/18(b).
(c) By March 2005, MCD had short-listed private firms to prepare, purportedly as part of the byelaws exercise, "local area plans" in five areas (including one urban village), as per reports such as the one at ANNEXURE-P/18(c).
(d) While filing counter-affidavit claiming no role in this petition with prayer (a) for time bound plan for enforcement of Master Plan provisions for urban villages, MCD decided to commission private companies to draw up plans for 25 urban villages, as per a news report of 09.05.05, atANNEXURE-P/18(d).
REJOINDER TO PARA-WISE REPLY ON MERITS
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DEPONENT
VERIFICATION:
Verified by me at New Delhi on this 14th day of November, 2005, that the contents of the above affidavit are true and correct to the best of my knowledge and belief as based on the records of the case. No part of it is false and nothing material has been concealed there from.
sd/-
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CIVIL WRIT JURISDICTION
CIVIL WRIT PETITION NO. 8523 OF 2003
IN THE MATTER OF:
Shiv Narayan ... Petitioner
versus
Delhi Development Authority & Ors ... Respondents
REJOINDER AFFIDAVIT ON BEHALF OF THE PETITIONER TO ADDITIONAL COUNTER-AFFIDAVIT BY RESPONDENT No.1 DDA
I, Gita Dewan Verma, aged 44 years, resident of 1356 DI Vasant Kunj New Delhi - 70, do hereby solemnly affirm and state on oath as under:-
PARAWISE REPLY
1-3. In Rejoinder to Reply to paras 1-3 it is submitted that the Respondent, while admitting that the contents of paras under reply (necessitated pursuant to the Respondent's allegations about the bonafide of the Petitioner, also reiterated in para-5 of its counter-affidavit of 21.02.05) has not placed on record its reasons either for inordinate delay in filing Reply or for failure to comply with the judgment passed by this Hon'ble Court on 16.09.02 in WP(C) 4978/2002 and duly consider objections / suggestions filed in Response to s.11A Public Notice dated 15.09.02 precipitated by the intervention of this Hon'ble Court in that matter.
4. In Rejoinder to reply to para 4 it is submitted there is nothing in the said para beyond the extent (of the provisions of the Master Plan) admitted by the Respondent.
5. In Rejoinder to Reply to Para-5 it is submitted that the Respondent has not denied either the project-specific violations set out in the sub-paras or the preliminary contention that all J-Zone projects are unlawful in terms of earmarking of sites / use premises without a duly notified J-Zone Plan. These illegalities, thereby, stand admitted. In sub-para-wise reply, however, instead of indicating steps to stop the illegal constructions, the Respondent refers to purported approvals secured in pendency of this Petition. In this common context, in Rejoinder to project-wise reply to sub-paras it is submitted as follows:
a) Apropos Sultangarhi Mega-Housing in Green Belt, the Respondent has neither filed land use change notification purportedly issued on 29.01.04 by Govt. of India (Respondent No.2, which has not filed reply) nor answered representations (Annexure-P/15(colly)) including one dated 22.11.04 forwarded to it by GNCTD (Respondent No.3, which has not filed reply). The worth of the notification issued in pendency of this petition as "approval" is denied. It is pertinent that as per the report of the CAG - relevant excerpt from which is reproduced herewith asANNEXURE-P/24 - MoUD appears to have excused the Chairman of the Respondent Authority from compliance of judgment of 16.09.02. Further, one of the two firms mentioned in the said report built its project (with unauthorised ground water use) in the period between notice of 22.09.04 and filing of first counter-affidavit on 21.02.05 in the instant petition.
b) Apropos DDA Sports Complex and GNCTD Institute for Liver & Billiary Sciences in Green Belt, validity of "part layout plan" (ANNEXURE-R-A1) and approval that the Authority purportedly accorded on 19.07.05 is denied. As can be seen from Annexure-P/12 (p.43 in the Petition), at time of filing, work on DDA Sports complex was at advanced stage and foundation stone for GNCTD Liver Institute had been laid (at a function graced by CM) and, from Annexure-P/15 in Rejoinder dated 21.04.05, substantive work on Liver Institute started after notice was issued on 22.09.04. The so-called "part layout plan" is a sketch of these illegalities in contempt of court. Neither post-facto approval nor approval of "change of land use" per se is open to the Authority and mandatory s.11A Public Notice inviting objections / suggestions has not been issued / filed by the Respondent. Meanwhile, not only is work (inclusive of ground water use) continuing, GNCTD has reportedly approved purchase of additional 2.63 Ha (not indicated in the "part layout plan" filed) for the Liver Institute. News item dated 16.10.05 about said approval is annexed herewith as ANNEXURE-P/25.
c) Apropos GNCTD (APMC) Mandi in (Ridge) Regional Park, the Respondent has reversed its stand (in para-8b of its affidavit of 21.02.05) to reveal that vide letters dated 18.06.03, 09.07.03 and 14.08.03 prior to and of 08.04.04 and 20.07.04 in the pendency of the present Petition it informed GNCTD of its disapproval. It has not taken the Hon'ble Court into confidence about what prevents it from initiating action according to law against the illegal Mandi, though in its earlier affidavit it has revealed that "this land has been directly allotted by the Lt. Governor" and, as mentioned in para-9 of Rejoinder thereto, the Mandi was inaugurated on 22.02.05 personally by CM (who had also laid foundation stone for the same in 2004) and an unauthorised colony is being carved out next to it.
d) Apropos D-6 Vasant Kunj, the Reply inclusive of ANNEXURE-R-A2 is denied. Instead of answering violations mentioned in the sub-para the Respondent has admitted to continuing the scheme despite CGWA disapproval vide letters of 2002 and even as the water supply scheme it was relying upon (as noted on p.3 of judgment of 16.09.02) has not materialised.
6. Reply to para-6 is denied. It is submitted that:
(a) The Respondent is obfuscating the issue with figures of 92 Ha and 223 Ha that have no basis in the land use provisions for the 315 Ha sub-zone as stipulated in the Master Plan and F-Zone Plan. These pertain to a 223 Ha scheme (International Hotels Complex), for design competition of which the remaining 92 Ha was termed "constraint area" (a term that is otherwise meaningless). The 223 Ha scheme was quashed by Hon'ble Supreme Court in 1996 and subsequently notified F-Zone Plan does not refer to the 223 Ha and 92 Ha figures.
(b) The Respondent's references to orders of the Hon'ble Supreme Court are exceptionable since the Petitioner's questions about violations of F-Zone Plan of 1998, CGWA notification of 1999 and this Hon'ble Court's judgment dated 16.02.05, have not been considered by the Apex Court. It is specifically denied:
(i) that the order of 19.08.97 "allowed" anything in the 92 Ha, since the said order merely clarified that 92 Ha not falling within the 223 Ha scheme quashed by order of 13.09.96 also did not fall in the purview of that order.
(ii) that the order of 08.03.04 "disposed off" anything about 92 Ha, in which regard contents of para-8 of Rejoinder dated 21.04.05 are reiterated.
(c) The so-called "layout plan" that the Respondent has annexed as ANNEXURE RA-3 is irrelevant to the petition. The said plan is titled "Layout Plan for Institutional Plots within the Constraint Area" and bears date of 19.12.1997 and note saying "approved by V.C. DDA on dated 7.1.98". This is by no means the duly approved sub-zonal / layout plan required (in terms of provisions set out in para 4, which the Respondent has admitted in its Reply) to detail out, before further development / disposal, the land use break-up for the 315 Ha sub-zone stipulated in the F-Zone Plan notified on 05.06.98. Further, it neither details out the site for Shopping Mall in terms of plots that were tendered for auction nor does it even indicate the so-called Aravalli Biodiversity Park that is under development. The Respondent has failed to produce an approved layout plan in which the Malls and Park project can claim legal basis.
(d) The Respondent has not filed "letter No.K 17011/8/95 DDIB dated 17-4-02" vide which MoUD has purportedly conveyed to it approval for "allotment / development in 92 Hectares of area as per land use". It is submitted that it is not necessary for MoUD to approve allotment / development according to Plan and not open to it do so in contravention of it. Any approval conveyed on 17.04.02 exclusively for 92 Ha cannot be in line with F-Zone Plan that does not recognise that figure.
(e) The Respondent's contention that "Shopping mall is a nomenclature for a particular type of commercial activity ... permitted in Commercial Use Zone" is denied as irrelevant. The site in question is not designated as Commercial Use Zone in either the Master Plan or the F-Zone Plan. The contents of sub-paras (i) to (iii) at end of para-6 under reply are reiterated.
(f) The Respondent's contention that "as per the orders of EPCA in October, 1993, 223 Hectares area was proposed to be kept as 'GREEN'" is denied as extraneous. It is not open to the Respondent to follow orders contrary to its mandate. The EPCA order / proposal is not reflected in subsequently notified F-Zone Plan. The Respondent has also not produced any order / proposal of anyone for so-called "Aravalli Biodiversity Park" on this site outside the Aravalli Ridge as delineated in the Master Plan, while within both portions of the delineated Ridge that fall in the area illegal projects (Mandi and Sultangarhi scheme) are underway. It is pertinent that the Respondent, while referring to EPCA order / proposal of 1993, has not placed on record mandatory clearances in terms of CGWA notification of 1999 and amended EIA notification of 07.07.04.
7. Reply to para-7 is denied as being irrelevant to the para under reply, which mentions only fact of unanswered representations with reference to Annexure-P/12. This fact has not been denied and is a continuing fact, as can be noticed from annexure-P/15(colly). The Respondent's submission / reiteration of no Master Plan violation with reference to its reply to paras 4 & 5 is denied with reference to Rejoinder thereto.
8. Reply to para-8 is vehemently denied. It is submitted that the reply is tantamount to missing the wood for the trees and the point that the grievance of the Petitioner does not arise from individual violations but from their cumulative impact. The Respondent's bland denial of any Plan violation is denied because it is belied by the rest of its Reply. Its insistence about adherence to due process of s.11A is denied because it is additionally belied by:
(a) Failure to produce proof of said adherence in case of Public Notice of 15.09.02, in which regard it is reiterated that this Petition arises, in effect, from inadequate consideration of those objections/suggestions including regarding non-compliance of judgment of 16.09.02.
(b) Admittance of consideration of recourse to s.11A for post-facto approval in case of DDA Sports Complex and GNCTD Liver Institute in the pendency of this matter.
(c) Failure to initiate action against GNCTD Mandi even after decision to not consider s.11A modification for it.
(d) Continuing justification of Malls and Park on sites indicated for other uses in Master Plan without s.11A process, in which regard it is pertinent that the Respondent is fully aware that in absence of a duly approved sub-zonal plans to detail out broad provisions of F-Zone Plan such schemes require Master Plan modifications through s.11A, as evidenced by the Public Notice issued by it on 07.11.04 and filed as Annexure-P/13 referred to in para-4(d) of Rejoinder dated 21.04.05. The contents of para-8 are reiterated.
9. That in the light of the above stated facts the petitioner most respectfully prays that this Hon'ble Court may kindly be pleased to allow the Writ Petition in terms of the prayers made therein.
sd/-
DEPONENT
VERIFICATION:
Verified by me at New Delhi on this 14th day of November,2005, that the contents of the above affidavit are true and correct to the best of my knowledge and belief as based on the records of the case. No part of it is false and nothing material has been concealed there from.
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DEPONENT
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Express Newsline report of 04.09.03 about DDA Sports Complex and GoNCTD Institute Of Liver And Biliary Sciences coming up in Green Belt south of D-2 Vasant Kunj
http://cities.expressindia.com/fullstory.php?newsid=62187
Times Of India news report Of 08.10.03 about GoNCTD Air-Conditioned Mandi coming up at Andheria Morh in J-Zone Mehrauli Ridge
http://timesofindia.indiatimes.com/cms.dll/html/uncomp/articleshow?msid=220795
Express Newsline report Of 13.06.02 about historic Mahipalpur Bundh and Hauz
http://cities.expressindia.com/archivefullstory.php?newsid=20295&creation_date=2002-06-13
LAND USE PROPOSALS SINCE MPD-2001
(TABLE - Source: DDA, 1997 [Table on p.32 of SPA Workshop)) With hotels’ project scrapped, the Mall is no more embedded in a Zonal Plan scheme. Tender advertisement indicates as site entire strip marked institutional in MPD-2001 and refers to bio-diversity park of 650 acres (260 Ha) in excess of Zonal Plan provision for recreational / District Park. The issue of excessive up-market commerce in the area being unsustainable is sub-judice in WP 6980/2002 and borne out by DDA having to lately resort to cutting prices to dispose off such space and from reservations of CGWA in the following news report. |
HT SOUTH DELHI REPORT OF 27.11.03
DDA at it once again in Vasant Kunj Manan Kumar DDA’s entry into the business of shopping malls by throwing open a big chunk of land on Nelson Mandela Marg for auction has come as a rude shock to planners and aware residents of Vasant Kunj. Spread over 47 acres with a built up capacity of two million square feet, the shopping mall will be built on the sensitive bio-diversity area of south-western ridge falling between JNU, Vasant Vihar, Vasant Kunj and Mahipalpur. The DDA was earlier stopped by the Supreme Court from building 14 five star hotels here in 1997. However, the Court had left 92 hectares free for development. “In 1997, the DDA had misled the court, claiming that the ridge was two kilometres away from the proposed hotels site,” says Anil Sood of NGO Chetna. “Earlier, in August 1992, the DDA had conceded that the area came under the ridge when it asked the Irrigation and flood Control Department to realign the storm water pipe for sector C, Vasant Kunj along Nelson Mandela Road as otherwise it would pass through the ridge. DDA cannot escape from taking permission from the Environmental Pollution Control Authority, a body set up by Supreme Court,” adds Sood. However, DDA chief architect S C Karnwal says that the area was already identified in the zonal plan of zone F and the plan for a shopping mall that has been finalised now is legal. Urban Planner Gita Dewan Verma contests this. “No commercial construction can be permitted there according to Master Plan norms. At the most, the DDA can have small convenient shopping centres. One would also like to know whether the DDA has brought out any public notice for the change of land use. And what about the backlog of building low-income housing flats, shops and kiosks which the DDA has admitted before the High Court?” she asks. How will DDA construct a mall without water? A DDA source says the agency has not yet made provision for water either for construction or potable water. Member Secretary, Central Ground Water Authority (CGWA), Dr Saleem Roamani says there is no question of giving permission to DDA for digging tube wells. “We allow digging of tube wells only for drinking water in south west Delhi. We are strict even for DJB. How can we allow drawing of water for a commercial place?” says Dr Roamani. DJB also rules out the possibility of supplying water to the mall. “We are short by 1.2 MGD for VK. We can’t give more water,” says a source. |
Sultangarhi Scheme (News Report of 06.06.03 about work already done, News Report of 23.06.03 about scheme "clearance", News Report of 21.10.03 about vigilance inquiry, News Report of 27.11.03 referring to the scheme) |
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(Text from Hindustan Times, p.21)
DELHI DEVELOPMENT AUTHORITY LAND DISPOSAL DEPARTMENT, VIKAS SADAN, INA, NEW DELHI NOTICE The Scheme of Conversion of leasehold land tenure in Delhi into freehold has now been extended to all built up commercial, industrial, mixed land use properties including DDA’s built up shops and commercial flats.
The application forms duly complete in all respects along with prescribed conversion and other charges may be deposited at the Vikas Sadan, (DDA Head Office), Near INA Market branches of either the Central Bank of India or the State Bank of India. Commissioner |
News report of 15.07.03 - Mahipalpur Bundh breach (Express Newsline: 14th century dam gives way, accusations gush out)
http://cities.expressindia.com/fullstory.php?newsid=57651
News report of 21.07.02 - MCD plans for village studies (Express Newsline: SPA to map 135 urban villages for MCD)
http://cities.expressindia.com/archivefullstory.php?newsid=24030&creation_date=2002-07-21
DELHI DEVELOPMENT AUTHORITY, OFFICE OF THE CHIEF ENGINEER (SWZ, SHAHPUR JAT VILLAGE, NEW DELHI NO. CE(SWZ)/18(18)Comp./VK/2045, Dt: 25/9/02 Ms. Geeta Dewan Verma, Planner, 1356, D-I, Vasant Kunj, New Delhi – 110070
R/Madam, Kindly refer to your representation dated 8.7.2002 addressed to Joint Secy. (D&L) Ministry of Urban Development GOI, Nirman Bhawan, New Delhi-110011 on the above mentioned subject. The contents of your representation have been gone through and found that you have given many reasons for not taking up the construction of further houses near CNG Station / Sultangarhi Tomb. One of the main reason is the shortage of water in Vasant Kunj. This very reason has been got examined through concerned SE, incharge of the area and he has reported that the construction of houses in Vasant Kunj area have been taken up with the approval of the Competent Authority. Though, it is not for the DDA to augment the peripheral water supply to Vasant Kunj and it is the responsibility of DJB, yet the DDA on its own has agreed to the payment of Rs. 1.92 Crores to DJB in order to augment the water supply to Vasant Kunj. DJB has already agreed and assured that the water supply will be provided for the new houses being taken up. With regards, Yours sincerely, RAMESH CHANDER) SE(HQs.)/SWZ/DDA Copy to: |
OFFICE OF THE CHIEF MINISTER : DELHI (PUBLIC GRIEVANCE CELL) DELHI SECRETARIAT, NEW DELHI – 110002 No : CMO/PGC/2003/20390 , Dated: 02-07-2003 To Commissioner Subject: CM’s remarks about Master Plan/Planners; plan violations by DDA purportedly with GNCT concurrence Dear Sir, I am directed to forward herewith a representation received from Shri./Smt./Ms. Gita Dewan Verma, dated 01/07/2003, on the subject cited above for further necessary action. Action taken in this regard may kindly be informed to the representationist at the earliest under intimation to this office for kind perusal of the Hon’able Chief Minister, Delhi, please. Yours sincerely (Hari Om Gupta) O.S.D to C.M Email : [email protected]
Copy to Shri./Smt./Ms. Gita Dewan Verma, Planner, 1356, D-1, Vasant Kunj, New Delhi dated 01/07/2003. With the request to contact the above department for redressal of his/her grievances/requests. (Hari Om Gupta) O.S.D to C.M Email : [email protected] |
Representations for implementation of Plan entitlements have been made since 2000/2001, including by the following due processes, summarising earlier representations, etc:
Requests for implementation of Plan entitlements were made after Public Notice with reference to reports of ‘alternatives’:
About water bodies, intervention for which has been sought since 1997 and, since 2001-2002 in face of hit-or-miss “bhagidari” interventions unmindful of the complex hydro-geo-morphology of the area, following letters were later written:
About new development in disregard of the Plan, following representations have been made: SPORTS COMPLEX / GoNCTD INSTITUTE SOUTH OF D2
A/C MANDI AT ANDHERIA MORH
VASANT KUNJ PHASE 2 / SHOPPING MALL
SULTANGARHI SCHEME
METRO
RELATED GENERAL
In 2002 MPISG Planner also sent to the authorities a report on the water crisis in the area being rooted in the crisis of unplanned development. Reports on other aspects of backlog on Plan provisions were also sent in 2001. |