Letter, Court Matter
For investigation into continuing illegalities, 08.11.2004
Vasant Vihar PS, New Delhi - 110057
The above-mentioned PIL is targeted against cumulative impact of a series of projects in Mehrauli-Mahiplapur area in violation of the statutory provisions of Delhi Master Plan / Delhi Development Act and CGWA Notification / Environmental Protection Act. A number of these projects appear also to fall in the purview of EIA notification of 1994 as amended in July 2004. The PIL is based on substantive prior engagements, including WP 4978/2002 against the Sultangarhi scheme illegally started in Green Belt, which Hon’ble High Court disposed off on 16.09.2002 with order saying the following:
- “This … public interest litigation raises a question of far reaching consequences and has wide ramifications. …It is a matter of great concern that a statutory authority which is statutorily to protect and preserve the statutory scheme itself has been violating the provisions of law … Public interest in a case of this nature also demands that activities of the statutory authority be directed to confine it within the four corners of law. The statutory authorities cannot be allowed to act de hors the statute. However high you may be the law is higher than you is also applicable to (DDA)… In fact it is a fit case where the Chairman of (DDA) should see to it that how authorities of (DDA) herein were allowed to take such decisions which admittedly are wholly illegal and without jurisdiction. …once such illegalities are permitted the same in our opinion would give further incentive to a statutory authority like (DDA) to perpetuate the same and to indulge in other illegalities.”
No inquiry appears to have been instituted and outcome of mandatory Public Notice process (precipitated by the judgment) through which over 1700 families had objected has also not been made public. Identical illegalities have continued, leading to the instant PIL, which sets out at length zonal plan and master plan violations involved in each of the projects mentioned in the in the enclosed letters of 23.09.2004 and 24.10.2004, sent to authorities after Hon’ble High Court was pleased to issue notice on 22.09.2004. (Subsequently work on foundation / basement pillars on Sultangarhi site and excavation / quarrying on another plot for Malls has started).
- 34-A of Delhi Development Act, 1957 says: 34-A.Certain offences to be cognisable — The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to an offence under sub-section (1) of Section 29 as if it were a cognisable offence,- (i) for the purpose of investigation of such offence...
(s.29(1) states: “Any person who whether at his own instance or at the instance of any other person or any body (including a department of Government) undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any condition subject to which such permission, approval or sanction has been granted, shall be punishable…)
In view of the above, we seek appropriate investigation and a report of the same in time to place in court before next hearing on 01.12.2004.
Gita Dewan Verma | MPISG Planner
- 1. Letter about illegalities wrt notice in PIL, 23.09.04
- 2. Letter of 24.10.2004