Letter, Public Notice; Request for reply to s.11A response (18/03/2005)

Mr A K Jain, Commissioner (Planning), DDA

Sub: s.11A Public Notice No. K-13011/5/2000-DIB of 04.11.2004

Ref: News item: "SC sets fresh deadline", Daily Pioneer, 18.03.05 (text reproduced below)

Dear Mr Jain,

The news item under reference says GNCTD has found by its commissioned “surveys” all areas ineligible for “regularisation” of industries. In continuation of my letters questioning GNCTD’s unlawful interferences in the industries’ matter in general and in above-mentioned Public Notice for redevelopment of industrial clusters in particular as well as in view of the proposal for which the said notice was issued appearing as provisions of DMP-2021 as lately displayed on DDA website for public notice, I seek reply to my response u/s.11A (by way of suggestion for alternative articulation of the proposed DMP modification (with specific requests that it be tested, “on merit and by comparative appraisal with GoI proposal, for (a) conformity with law and constitutional framework, (b) consistency with goals, framework and structure of the Master Plan, and (c) efficacy vis-à-vis so-called “populist” objectives that are, in fact, intuitively just and demand techno-legal articulation rather than criticism” (para-1) and that it be urgently heard and also placed before the Court for its consideration (para-5)).

Kindly appreciate that the public notice process provides planners like myself lawful opportunity to participate in planned development, thereby articulating my fundamental rights and enabling my fundamental duties under the Constitution of India. In my understanding, you occupy the position of authority in which vests the responsibility for protecting these rights and I urge you to view this request accordingly.

Yours sincerely

Gita Dewan Verma, Planner

News report1

  • 1. SC sets fresh deadline, Daily Pioneer, 18/03/2005

    Staff Reporter / New Delhi

    The Supreme Court on Thursday directed the Delhi Government to furnish details within three weeks on regularisation of the industrial units in the non-conforming areas where they comprise 60 per cent of the area.

    The direction was issued by a bench of Justice YK Sabarwal and Justice Dharmadhikari during resumed hearing of an application regarding shifting of the industrial units from the residential areas.

    The order assumes importance in view of the decision of the Delhi Government to regularise industries in locations where they comprise 60 per cent area. The Delhi Government in its status report submitted before the court stated following the Supreme Court order dated May 7, 2004, industrial units running in the non-conforming areas would be relocated.

    Meanwhile, a senior official of Delhi Government disclosed to The Pioneer that industries department has hired private agencies to verify residential areas where the industrial concentrations are more than 60 per cent. The survey conducted by the industries department disclosed that not a single residential colonies which claimed to be 60 per cent industrial concentrations, found eligible in this regard.

    The industrial unit owners and politician made hue and cry that 24 residential areas have more than 60 per cent industrial concentration so these areas should be declared as industrial areas in the city.

    The official said: "It was the Central Government to take decision on regularisation of industrial units running in the non-conforming areas in the Capital. In the meeting on October 27, 2004, Union Urban Development Minister Ghulam Nabi Azad had assured the State Government that all possible steps would be taken in this regard. In the meeting, Chief Minister Sheila Dikshit had intimated the Centre Government about the administrative difficulties being faced at the ground level.

    Earlier the court perused the report of the monitoring committee appointed by it to look into the industrial pollution in the Capital.

    Not happy with the performance of the Delhi Government in this regard the bench said that the role of the court was to incorporate laws and give directions to the executive for the compliance of its order.