MCD-ActionAid Night Shelter in Yamuna Pushta

Commissioner, Delhi Police

Sub: Night Shelter in Pushta: Complaint / request for investigation u/s.34A of DD Act,1957

Dear Sir,

MCD Commissioner inaugurated on 13.12.04 an NGO Night Shelter in Yamuna Pushta. This is illegal in terms of Delhi Master Plan which does not allow Night Shelter in riverbed, on plot less than 800 sqm / road less than 16 m, etc and, thus, in contempt of court order of 03.03.03 for all unauthorized structures on the riverbed (by which Pushta slums were cleared earlier this year). Apropos this illegal Night Shelter, we seek investigation u/s.34-A of Delhi Development Act, 1957, which 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 ...shall be punishable...)

We seek this in continuation of letter of 04.04.04 (Encl.1) about illegalities in Pushta clearance and role of MCD / NGOs therein that had also the statement about propaganda at WSF-2004 by NGOs (including instant Night Shelter NGO) forwarded by Hon’ble President on 11.02.04 for action (awaited). About statutory solution (for hawkers) impaired by identical initiatives by same NGOs, CVC also wrote on 10.09.04 a letter, enclosed in confidential letter of 02.10.04 to you, seeking action (awaited). In a “housing rights event” in Delhi in October 2004 these NGOs protested eviction of this Night Shelter NGO by NDMC (which is now running its Night Shelter without NGOs in light of this experience, which also makes MCD-NGO partnership suspect), but they did not protest, say, violation of rights by illegalities in Pushta clearance and resettlement, become criminal with deaths, including of children, our letter of 07.07.04 (Encl.2) about which was forwarded by President (on 03.08.04), NAC (26.08.04) and CVC (06.09.04) for action (awaited). In view also of action not taken on prior representations, we seek this investigation with urgency.

Thanking you,

Yours sincerely

sd/-

Gita Dewan Verma

MPISG Planner

Encl:

  1. Letter of 04.04.2004, with enclosures (4p)
  2. Letter of 07.07.2004, original in Hindi and English translation (2p)

To support planned development. To oppose unplanned development. To protect our future.

Mr Anil Baijal, IAS

Secretary MoUD

Sub: MCD-NGO Night Shelter in Pushta: Request for action against Master Plan violation

Ref: Identical request of 09.12.04 about MCD-NGO initiative to auction weekly markets (Encl)

Dear Sir,

According to news reports, MCD Commissioner has inaugurated on 13.12.04 NGO-run Night Shelter in Yamuna Pushta, also listed by a section of the press among achievements of GNCTD (presumably since the MCD-NGO partnership has GNCTD recognition / Chief Minister’s patronage). The Night Shelter involves multiple violations of Delhi Master Plan (in terms of Land Use, restrictions on activities in use premises and Building Controls) and is, thus, also in contempt of High Court order of 03.03.03 for removal of all unauthorized structures on the riverbed.

The same NGOs were involved in hawker-policy discourse leading to illegal MCD-NGO initiatives (cf, enclosed letter of 09.12.04, which refers also to CVC reference of 10.09.04 and subsequent GNCTD letter of 25.10.04), in Pushta clearance (assessment of which as per high-level decision has been requested of you, also with reference to committee appointed by Hon’ble Supreme Court for the river) and in propaganda against planning law at WSF-2004 (professionals’ statement against which was forwarded for appropriate action to your office as per President’s Secretariat’s letter of 11.02.04).

In view of the above and especially since MCD is reportedly considering providing consultancy to other local bodies on basis of its recent experiences with public-private partnerships, etc, we seek urgent action against Master Plan violations in MCD-NGO partnerships.

Thanking you,

sd/-

Gita Dewan Verma

MPISG Planner

Encl:

Letter of 09.12.20041

, without enclosures (1p)

To support planned development. To oppose unplanned development. To protect our future.

 Mr Madhukar Gupta, IAS

Vice Chairman, DDA

Sub: Night Shelter in Yamuna Pushta: Request for addition of suggestion to and a-priori disposal of responses to s.11A Public Notice for identically illegal IT Park on riverbed

Dear Sir,

According to news reports, MCD Commissioner has inaugurated on 13.12.04 NGO-run Night Shelter in Pushta, also listed by a section of the press among achievements of GNCTD (whose recognition / CM patronage the MCD-NGO partnership enjoys). This involves multiple violations of Delhi Master Plan (in terms of Land Use, restrictions on activities in use premises, and Building Controls) and is, thus, in contempt of court order of 03.03.03 for removal of all unauthorized structures on the riverbed.

The Master Plan affords ample options for Night Shelter (cf, suggestion in letter of 27.07.03, Encl.12) and lawful solutions are being impaired only by their deliberate disregard (cf, (unanswered) letter of 10.09.03, Encl.23

, to organizers of MCD-NGO “consultation” of 25.07.03 that led to letter of 27.07.03).

Illegal “alternatives” being tried (endlessly, with no success) call, at the least, for s.11A Public Notice inviting objections/suggestions for Plan modification by due process, not issued for this Night Shelter, making it wholly illegal also by High Court’s judgment of 16.09.02 in WP 4978/2002. It is noteworthy that s.11A Public Notice was issued on 18.09.04 for the identically illegal IT Park on the riverbed.

The issues raised in our responses to the IT Park Public Notice largely apply to the MCD-NGO Night Shelter on the Pushta as well. Since Public Notice for that has not been issued, in exercise of our rights u/s.11A, we seek addition of this letter with its enclosures to our responses to the IT Park Public Notice and a-priori disposal of the same in view of continuing illegalities on the riverbed.

Thanking you,

Yours sincerely

sd/-

Gita Dewan Verma

MPISG Planner

Encl: as above (2p)

cc: (wrt prior communications about riverbed / Public Notice): DDA Commissioner (Planning)

To support planned development. To oppose unplanned development. To protect our future.

also:

  • note of 19/12/20044, with links to photo-albums, etc
  • letters of 28/12/20045 with reference to news report about winter eviction by MCD
  • note of 19.12.20046, with links to photo-albums, etc