ENCL.2. Illustrative instances about which representations are pending

Prime Minister has granted 500 crores for redeveloping Dharavi. One lakh families will be housed in the 174 Ha site – at gross density of 3000 ppHa. The state will provide 5000 crores more to substitute overcrowded ‘slum’ with overcrowding ‘scheme’. A ‘Mumbai Model’ was also announced for Delhi slums, at instance of an NGO spearheading it in Mumbai, and representations against it (on grounds of illegality in terms of Delhi Master Plan) are pending in the Ministry and this Standing Committee.

Despite Delhi High Court judgement of November 2002 quashing the illegal policy that substituted housing for all with resettlement for few and upgrading for rest, these continue, also as basis of (draft) national slum policy made withNGOs. Downsizing is also happening in night shelter ‘schemes’, in name of housing rights at instance of NGOs. Demolitions continue, with representations about illegality in context of entitlements pending before Ministry, Standing Committee, Court and NHRC.

Despite repeated requests the Ministry has not placed in Supreme Court in appeal against November 2002 order facts of Master Plan housing entitlements. The same is the case in the matter of industries. About 5000 Ha set aside for solving problems of low-income housing and small industries in Delhi is thus unaccounted for. Representations about this are pending before the Ministry and this Standing Committee and also in form of objections filed through due process of Public Notice.

Supreme Court was lately misled to approve illegal hawker markets by NGO at whose instance PMO announced policy in 2001 in disregard of statutory provisions for space for all hawkers in Delhi. Now Cabinet has approved national hawker policy, initiated by another NGO. Assurance to implement Plan provisions, given in PIL filed by hawkers and customers in which the Ministry desires not to file reply, remains on paper. Hawkers’ representations are pending before Standing Committee, CVC, etc.

The draft education Bill is to be discussed with state secretaries. NGOs have been criticizing it for lacking basis in Common School System, but without reference to existing schema under planning law, as in Delhi Master Plan. Despite Union HRDMinister’s call for neighbourhood schools, the Bill is poised to downsize existing guarantees. Representations about this conflict and about efforts of students/parents to secure entitlements are pending before Ministry, Standing Committee and Court.

Ministers have announced ‘schemes’ for Yamuna, with Zonal Plan yet to be made by due process including opportunity for comment and objections (on grounds also of implications of development on notified drinking ground water reserve) filed in response to Public Notice for similar ‘scheme’ yet to be heard. Today a Yamuna ‘slum’ faced demolition, with representations about housing entitlements, and entitlements to safeguard these via due processes pending in Ministry and Standing Committee.

Heritage ‘schemes’ are being pursued and opposed – in equal disregard of Master Plan provisions for heritage. ‘Eminent citizens’ who challenged in Supreme Court work on Red Fort and are ‘monitoring’ its ‘conservation management plan’ and exploring possibilities of extending their role to other heritage sites include those involved in a heritage ‘scheme’ illegal as per a High Court judgement of 2002, but continuing. Representations about this are pending before the Ministry and this Standing Committee.

While investments are being made in world-class infrastructure, laws for these, such as for Delhi Metro and Electricity, do not connect to planning and development laws to optimally embed them in holistic frameworks. Representations about ‘property development’ in violation of Master Plan by Delhi Metro and Discoms and failure on responsibilities to, say, make provision for space for hawkers or cross-subsidize infrastructure are pending, including in Public Notice responses.

A serious crisis in urban planning institutions is indicated by recent exposes of corruption and symptoms of financial sickness (with DDA reporting budget deficit,HUDCO reporting profit only after cuts in research/training funds, NIUAexecuting projects for NGOs, etc) and technical ‘watchdog’ failure (with enquiry of School of Planning and Architecture finding alarming rot). Representations about this crisis, unaffordable in face of GATS and challenges of globalisation, are also pending.

In chaos reform is being pushed without debate. Regardless of issues raised atAMDA conference about 74th amendment in metropolitan context, USAID has made a Model Municipal Act and for Delhi intends a decentralization ‘project’. In many cities ‘visions’ to guide plans are being tendered. In Delhi ‘guidelines’ are being recited as ‘new’ Plan. Representations about these unlawful processes to deny accountability / opportunity for public comment are pending before Ministry and Standing Committee.

Delhi Chief Minister is urging Parliament to rush Delhi Statehood Bill and Cooperative Bill in the forthcoming session. Both have provisions in conflict with Delhi Development Act. In Cooperative Bill, legislators admitted the defect – omission of mandatory Public Notice. Statehood Bill changes definition of planned development so ‘schemes’ not embedded in Master Plan can also be ‘legal’. Representations about these Bills are pending before the Ministry, Standing Committee and others.