Letter, Public Notice; Request for clarifications on GNCTD public notice for 'regularisation of unauthorised colonies'
Ms Manisha Saxena
Addl.Secretary (UC), GNCTD Deptt of Urban Development
9th Level “C” Wing: Delhi Secretariat, I P Estate, New Delhi - 110002
Sub: Public Notice for “Regularisation of unauthorized colonies”: Request for clarification
Dear Ms Saxena,
Your above-mentioned Public Notice (HT of 08.12.04; www.delhigovt.nic.in/ud/) notes that it neither connotes right or commitment for regularization nor prevents action by local bodies / DDA. It advises RWA registeration, etc, and invites applications “for considering the colonies for regularization as per such terms and conditions as may be approved by the Competent Authority”. Applications (8 copies) are to be made by 30.12.2004 in prescribed proforma, inclusive of survey / drawings by registered Architect / Town Planner. As a qualified Planner, advising also residents in unauthorized colonies, I seek the following clarifications:
- Does the proposal have DDA concurrence? DDA is Competent Authority for modification of layout / zonal plans, which regularisation will involve. In WP 8954-59/2002 Hon’ble High Court has said, “If any change is required to be made in such a plan, then only DDA can take appropriate action. In such a situation, it is for (GNCTD) to move the DDA“.
- Does the Public Notice / proforma have DDA concurrence? DDA has carried out surveys for Plan revision and residents need not invest in duplicating data already collected.
- Does this proposal apply to all areas? In Public Notice for industries some areas are excluded. Colonies in areas of similar exceptions need not invest on applications.
- Is this proposal tenable after rejection by Apex Court of GNCTD’s proposal to regularise industries? (Industries have also invested/wasted on surveys, etc, since IA of 1995)
- Is this Public Notice tenable in view of GoI Public Notice for industries? Many issues raised in response to GoI Public Notice would apply to this proposal and their hearing / disposal is pending and the process is reportedly to be scrutinized by the Apex Court.
- Have CoA / ITPI confirmed it is legal for Architects / Planners to provide professional services on basis of this Public Notice? In view of the above, besides fact of GNCTD not having powers over land under the Constitution, the initiative seems beyond GNCTD responsibility / jurisdiction and also in conflict with statutory/judicial processes, which can raise questions of propriety and ethic about professional association with it.
Thanking you and looking forward to hearing from you,
Gita Dewan Verma, Planner
- Mr Madhukar Gupta, DDA Vice Chairman (with request for clarification of DDA’s view)
- Mr S.Mukherjee, Under Secy, MoUD (in cont. of letters re Public Notice of 04.11.2004)
- Registrar, Council of Architecture (with request for clarification apropos #6 above)