Demand for action against MCD
For deliberate violation of s.21 of Delhi Development Act in its approval of proposal to auction weekly hawking markets: Letter to Secretary MoUD, 09/12/2004
Sub: MCD decision to auction weekly markets (news report, reproduced1): Demand for action against MCD for deliberate violation of s.21 of Delhi Development Act
Ref: WP 6980/2002, my letters of 07.09.04 (encl.1) and 16.10.04 (encl.2) and GNCTD letter of 25.10.04 (encl.3) to MCD Commissioner and others about CVC intervention
- 21 of Delhi Development Act, 1957, governs “Disposal of land by the Authority or the local Authority concerned”. s.21(3) clarifies disposal includes “creation of any easement right or privilege” and s.21(1) clarifies disposal can only be for development according to Plan. In view of explicit Master Plan provisions for weekly markets, disposal of other sites for them is in clear violation of s.21.
I had sought in letter of 07.09.042 directions against MCD / GNCTD illegal ideas and for enforcing Plan solutions for hawking (assured by DDA in WP 6980/2002 in January 2003) and. In letter of 16.10.043 to MCD Commissioner I had set out how MCD ideas are cognisable offence under DD Act and not valid under MCD Act. This was copied to you with request to reply in WP 6980/2002 and specific reference to Annexure-P/F thereing about dubious origin of MCD proposals. As per GNCTD letter of 25.10.044 CVC’s (confidential) letter about Master Plan provisions for hawkers was forwarded to, among others, MCD Commissioner, who was thus also aware of the CVC intervention. (MCD is also well aware of the long-standing demand of hawkers and others, including RWAs, for DMP solutions, including by its presence in the Board for hearing of s.11A Public Notice of 15.09.2002 for Master Plan modification to allow Sultangarhi scheme in ridge area, contentions of hawkers’ response to which are reiterated with reference to subsequent PIL and CVC intervention in their response to s.11A Public Notice of 18.09.2004 for commercial IT Park on riverbed, all reiterated again in response to s.11A Public Notice of 07.11.2004 for commercial use in Mahipalpur Hauz). These communications leave no scope to consider the MCD approval an inadvertent lapse.
Accordingly, we seek action against MCD for its deliberate attempt of disposal by auction of public land in violation of law and in disregard of CVC reference, PIL and cautionary advice. We also urge you to expedite reply in WP 6980/2002, next listed for hearing on 05.01.2004.
Gita Dewan Verma
Related: Letter of 19/11/2003, included in addition to response to Public Notice for industries5, 09/12/2004
- 1. MCD to auction weekly bazaars
By Our Staff Reporter
NEW DELHI, DEC. 8. In an effort to streamline the functioning of unauthorised weekly bazaars across the Capital, the Standing Committee of Municipal Corporation of Delhi today decided to hand over their management to private players.
Although on the face of it these bazaars would be auctioned to registered contractors and any other non-government organisation and the one offering maximum revenue would be handed over the task of its annual maintenance, the policy is expected to "streamline" the weekly bazaars by determining the market area and the maximum number of shopkeepers allowed to do business there.
http://www.hindu.com/2004/12/09/stories/2004120909010400.htm (Retrieved 17th August, 2013)
- 2. "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.
- 3. Letters of 16-17 October 2004
- 4. GNCTD letter trivializing CVC intervention
- 5. Addition to response: Gita Dewan Verma