Representation for exemplary demolition of IT Park at Shastri Park and stopping of all identically illegal projects in riverbed/ridge and as “metro property development” till disposal of PIL/Public Notices about them (to Lieutenant Governor / DDA Chairman, 26/12/2004)

Sir,

According to news report of 23.12.04 (Complete breakdown of govt in Delhi: High Court, Express Newsline1), DMRC has sought High Court directions to DDA and MCD to remove encroachment around Shastri Park metro station, alleging police and they have not acted at its instance, and Court, saying, “If a government department which is in the process of implementing a public utility activity is unable to remove encroachments due to non-cooperation by other statutory authorities, it is high time the administrator of the UT of Delhi sets governance in Delhi in order”, has asked you to treat DMRC’s petition as representation and decide on it by end of the month.

Obviously, the Court was not told that “development” at Shastri Park currently calling for encroachment removal is no public utility but DMRC-GNCTD IT Park, being built and sold illegally. Indeed, entire DMRC development at Shastri Park on riverbed is wholly illegal. It started illegally in 2001/2002 without land use change (mandatory under Delhi Development Act) and clearance by Central Ground Water Authority (mandatory under Environment Protection Act) and continues willfully in brazen disregard of (at least) a dozen court orders, five s.11A Public Notices, additional environment protection notification, etc. These are enumerated in Encl.[1]

On 01.12.04, on one hand, progress on illegal IT Park was reviewed at high-level meeting chaired by CM and, on the other, in PIL against identically illegal projects in ridge area, DMRC, GNCTD, DDA, MCD, MoUD, etc, sought more time to reply to notice issued on 22.09.04. We believe all projects on riverbed and ridge were, in effect, stopped by High Court’s landmark judgment of 16.09.2002 ordering Sultangarhi project, started without land use change and CGWA clearance, not only stopped but also inquired into by DDA Chairman (LG) so that identical illegalities are not perpetuated. We have repeatedly written to you for inquiry as per that order, last with pictures of work on Sultangarhi despite notice of 22.09.04 in fresh PIL, in our letter of 22.11.04 at Encl.[2].

On 08.12.04 a demand for stopping construction on illegal IT Park, etc, was made by those engaging on above PIL, Public Notices, etc. This is at Encl.[3] and, as per President’s Secretariat’s letter P1/D-77077 of 13.12.04, has been forwarded for appropriate action by Hon’ble President to Secretary MoUD (nodal ministry of DMRC).

In view of the above, DMRC’s petition seems Public Authority Litigation for “meddling with the judicial process” to “blackmail” authorities – much like the Public Interest Litigation that has just led the Apex Court to caution High Courts in this regard. In our letter of 22.11.04 we mentioned the dubious tactics being used to resist our PIL and urged you to rescue us from anomie. High Court has asked much the same in support of DMRC’s petition. With full facts, it might have asked this in support of this representation, your decision on which we now seek before your decide on the DMRC petition.

sd/-

On behalf of all engaging on this platform, MPISG Planner

[1] Encl.1

Work at Shastri Park started in 2001/2002 without land use change (mandatory under Delhi Development Act) and CGWA clearance (mandatory under Environment Protection Act) and continues in disregard of (at least):

  1. High Court order of 16.09.2002 for stopping identically illegal 56 Ha Sultangarhi scheme (ridge area) and inquiry by DDA Chairman / LG to prevent perpetuation of identical illegalities (and over 1700 objections filed in response to s.11A Public Notice precipitated by that PIL, WP 4978/2002)
  2. s.11A Public Notice of December 2002 for modifying Master Plan land use of 56 Ha at Shastri Park from Riverbed to Transportation for nearly built depot (and objections u/s.11A to this “regularization”, follow-up objection to inauguration of Metro Police station at Shastri Park by LG / DDA Chairman, etc)
  3. High Court order of 03.03.2003 to remove all unauthorized structures from the riverbed (and representation for a-priori action in Shastri Park so that action against other structures is not violative of Art.14)
  4. Affirmation of order of 03.03.2003 in Court orders up to 12.02.04 (and representations against selective compliance in Pushta with reference, especially, to structures like IT Park started after order of 03.03.03)
  5. s.11A Public Notice of 16.04.2004 for modifying the Master Plan to allow “metro property development” on sites up to 3 Ha at all stations (and suggestion u/s.11A of demolition of IT Park on 6 Ha in view also of this)
  6. Amendment of 07.07.2004 to EIA notification S.O.60(E) of 27.01.94 to include “new construction projects” in activities needing EIA, hearing, etc (and representations against riverbed / ridge projects on this ground)
  7. High Court order of 03.08.2004 reportedly asking for compliance reports about clearance of unauthorised structures from riverbed (and representation for including full facts of all unauthorized structures in this)
  8. High Court order of 10.08.2004 for counter-affidavits (not filed) in WP 6980/2002, PIL against exclusively up-market commercial development in violation of Plan provisions for commercial use (issue raised, with reference to PIL, in responses to Public Notices for metro development and also in CVC letter of 10.09.04)
  9. s.11A Public Notice of 18.09.2004 to, in effect, “regularize” the IT Park by modifying Master Plan Land Use of 6 Ha from Riverbed to “Commercial (IT Park)” (and over 200 objections, including suggestions for demolition, as well as follow-up representations for hearing, etc)
  10. High Court notice of 22.09.2004 to respondents (including DMRC, GNCTD, DDA, MCD) to reply (not filed) in WP 8523/2003, PIL for enforcement of Plan entitlements jeopardized by identically illegal ridge area projects (issues raised, with reference to the PIL, in responses to s.11A Public Notice of 18.09.04)
  11. High Court direction of 27.10.2004 (yet to be complied with) in WP 8954-59/2003, PIL for enforcing Plan provisions for common school system, jeopardised by illegal allotments / permissions on schools sites (issues raised in responses to s.11A Public Notice of 18.09.04 in context of implication of willful projects calling for willful evictions on rights of children in view, especially, of education disruption and also deaths of children evicted from Pushta, last also taken up by CVC in its letter of 06.09.04, etc)
  12. s.11A Public Notice of 04.11.2004 for expanding Master Plan redevelopment options for industries except in areas like riverbed, etc, published by GNCTD before GoI (and responses to object to IT Park on riverbed, considered industry in GNCTD (DSIDC) policy and show-cased as such for IITF, etc)
  13. s.11A Public Notice of 07.11.2004 for change of land use in Mahipalpur hauz, historic water body in ridge area specifically mentioned in WP 8523/2003 in which notice was issued on 22.09.04, to commercial and joint response inclusive of suggestion for prior hearing of identically illegal IT Park Public Notice – part of demand of 08.12.04 forwarded by President for appropriate action to Secretary MoUD)
  14. Supreme Court’s observations in the industries’ matter at hearing on 30.11.2004 against regularization and for ensuring conformity of s.11A Public Notice with law (and suggestion in response to Public Notice of 04.11.04, including, in view of GNCTD interferences, etc, for prior hearing of IT Park Public Notice – part of demand of 08.12.04 forwarded by President for appropriate action to Secretary MoUD)
  15. Complaints / requests regarding Night Shelter inaugurated in Pushta on 13.12.2004, a case of unauthorized use of MCD structure unauthorizedly surviving Pushta clearance, in “partnership” between MCD and (Police official) NGO, etc Encl.[4], to Police for investigation u/s.34A of DD Act, to MoUD for action against MCD and to DDA for adding, in absence of Public Notice for Night Shelter, prior suggestion about Night Shelter solutions by Police to IT Park Public Notice responses – pendency of all of which also would make action by Police, DDA or MCD around Shastri Park at behest of DMRC violative of Art.14

[2] Encl. Letter of 22/11/2004 about resumption of work in Sultangarhi2

[3] Encl. Demand of 08/12/2004 for stopping construction on IT Park3

[4] Encl. Illegalities in MCD-ActionAid Night Shelter on Pushta4