Letter, Court Matter; Letter about illegalities wrt notice in PIL, 23.09.04

from: Gita Dewan Verma

to: Vice Chairman, DDA

Sub: WP 8523/2003

Sir,

On 22.09.04 Hon’ble High Court issued notice in WP 8523/2003 which seeks enforcement of Delhi Master Plan entitlements of existing communities in Mehrauli-Mahipalpur area and stopping illegal projects jeopardizing these. Apropos continuing illegalities, Hon’ble Court said letters should be sent to authorities with reference to the notice. Accordingly, this is to bring to your attention the following:

  1. In Vasant Kunj (‘A’ in Annexure-P/1), construction tender for more flats has been advertised and it is not known if this has CGWA clearance, etc. Construction is also underway elsewhere (eg, club in Sector-B District Park) with boring in contravention of CGWA ban and proximous evictions.
  2. In DMP Green Belt south of D2 (‘B’ in Annexure-P/1) amidst illegal ‘farmhouses’, etc, work on club and Liver Institute is on, with earth removal despite quarrying restrictions and boring despite CGWA ban, possibly without requisite clearance under EIA notification, 1994 (amended 2004).
  3. In DMP ridge park at Andheria Morh (‘C’ in Annexure-P/1), work on APMC plot is on, reportedly for A/C mandi. Old informal / small shops were demolished here without notice in 2000 even as their integration is DMP imperative, action plan for which is sought in CVC’s letter of 10.09.04.
  4. NGOs have reportedly objected to already built flats in Mahipalpur Hauz (‘D’ in Annexure-P/1) in application to CEC, possibly without suggesting conservation / flood control measures with reference to consequent breach of 14th century Bundh in 2003, with flooding risk for IGI Airport.
  5. In DMP Vasant Kunj Ph.2 (‘E’ in Annexure-P/1), construction on institutional plots is on, with boring. (MoHRD inquiry of 2003 found ‘irregularities’ about SPA’s plot). On Mall site, there is no legal arrangement for water, illegal boring since July and, since August, quarrying of china clay, sand and rock (pictures were in court on 22.09.04). For Park illegal boring and excavation is on and on 29.07.04 thousand families were evicted, frustrating judicial and parliamentary processes, complaints of 07 / 27 / 28.07.04 about which, forwarded by President, NAC and CVC, await action. Malls/Park, reportedly ‘cleared’ by CEC on NGO application without hearing sought in letters of 20.07.04 and 04.08.04, also copied to respondents, also requires EIA / clearance.
  6. In DMP regional park / Green Belt near Sultangarhi (‘F’ in Annexure-P/1), besides on 21st century heritage complex, work on mega-housing has also resumed (leveling, site office, sheds, boring), even as inquiry ordered by Hon’ble High Court on 16.09.02 in WP 4978/2002 is pending, despite recent requests to DDA Chairman, and issues raised in over 1700 objections in response to s.11A Public Notice and Standing Parliamentary Committee notice have also not been addressed. The 56 Ha project also requires clearance under amended EIA notification. Yours sincerely

Gita Dewan Verma, MPISG Planner

cc:

  • other respondents (MoUD, GNCTD, MCD, MoCA, DMRC, CGWA)
  • DDA Chairman, wrt to requests for inquiry referred to in #6 above
  • Secretary MoEF, wrt to letters of 01, 06 and 15.09.04 re EIA notification, re #2, 3, 5, 6 above
  • President’s Secretariat, wrt reference in #5 above
  • Standing Parliamentary Committee Secretariat, wrt references in #5 and #6 above
  • CVC, wrt reference in #3, #5 above / letter of 08.07.04 re govt encroachment on public land
  • PMO, wrt CVC letter referred in #3 above and letter of 15.09.04 OSD to NAC, wrt reference in #5 above
  • Police Commissioner, wrt complaints / requests for reports since 2002, esp since 02.07.04
  • NCRPB, wrt ‘clearance’ to project at #6 and correspondence in 2002 Commissioner (Planning), in continuation of letter of 15.09.04 re commitment to environment