Letter, Public Notice of 18.09.04

By DDA’s Public Notice of 18.09.04, Central Government has invited objections and suggestions on its “proposal” to change Master Plan land use on riverbed to “Commercial (IT Park)”, with “conditions” like “no further” (illegal) residential development.  As obvious from news of 15.10.04 and pictures of 16.10.04 below, the “proposal” is at advanced stage of construction, continuing despite this and also prior Public Notices, etc, outlined in the enclosed response to suggest (in continuation of prior suggestion of alternative sites) demolition of this travesty on the riverbed. This is a legitimate demand and seems odd only because of oddity of discourse that has made planned development law unspeakable phrase in pursuit of freewheeling options and is now left with no choice but to pragmatically root for “regularization” of the inequities and inefficiencies it has abetted (witness current demands for industries, hawkers, slums, unauthorized colonies, farmhouses, biodiversity parks, malls). With Government having exercised ‘pragmatic’ option for regularizing a gross illegality, this legitimate demand for its relocation is posited for choice, should anyone desire to make one to demonstrate the difference that is supposed to have come about in our lives.

Gita Dewan Verma, Planner

EXCERPTS FROM LETTERS WITH WHICH ENCLOSED

Member Secretary, National Capital Region Planning Board:

“In continuation of letter of 23.09.04 about Hon’ble High Court notice in PIL against Master Plan violating projects in J-Zone / ridge area, copied to you with request for clarification about NCRPB clearance to Sultangarhi project, I am enclosing (encl.3) my response to and an open letter about Public Notice to “regularize” on the riverbed the IT Park that involves identical illegalities. I seek NCRPB view on this. I also seek opportunity to comment on the draft Zonal Plan for the riverbed, which I understand NCRPB has circulated for comments among certain experts

Chairman, Delhi Urban Arts Commission:

I am also enclosing (encl.3) my open letter and response to Public Notice to “regularize” on the IT Park under construction on the riverbed. I would deeply appreciate DUAC views on both the above and, if necessary, opportunity to try and explain my concerns more clearly than I tend to write.

President, Council of Architecture:

I am also enclosing (encl.3) my open letter and response to Public Notice to “regularize” on the IT Park under construction on the riverbed.  I would deeply appreciate the Council’s views on both the above. In particular, I seek a response to my letter of 11.06.04 in the matter of Indian Building Congress Awards, which is posted (along with links to connected letters, Prof Ribeiro’s response, my reply, another comment) at http://www.architexturez.net/+/subject-listing/000194.shtml

Police Commissioner

In continuation of letter of 23.09.04 about Hon’ble High Court notice in PIL against Master Plan violating projects in J-Zone / ridge area, copied to you, I am enclosing (encl.3) my response to and an open letter about Public Notice to “regularize” on the riverbed the IT Park that involves identical illegalities. I had pointed these out also at the time of inauguration of Metro Police Station at Metro Depot last year and vis-à-vis deployment of force for clearing other encroachments this year. I seek your view on this. As mentioned in previous letters, my profession is also strives for (planning) law and (spatial) order and I would deeply appreciate your views on my concerns and, if necessary, opportunity to try and explain them more clearly than I tend to write.

Central Vigilance Commission

In the letter of 23.06.04 enclosed in letter to MCD, I had referred to DMRC failure to ensure informal sector provision in its property development in context of Public Notice of April 2004 about metro property development. Another Public Notice has been issued to modify the Plan to “regularize” illegal metro property development on the riverbed. I am enclosing (encl.3) an open letter, my s.11A response and letter to DDA Commissioner (Planning) about this and seek, in continuation of my letter of 06.07.04, etc, about CVC intervention apropos encroachment on government land, the Commission’s urgent intervention in this case of government encroachment on public land in the riverbed.

PMO

Copy of letter to CVC

News reports1

  • 1. The Hindu, 15.10.04

    Deadlock continues over Metro projects

    By Gaurav Vivek Bhatnagar

    NEW DELHI, OCT. 14. The Delhi Metro railway project, which is greatly dependent on commercial exploitation of its properties for making its operations financially viable, has run into a major hurdle in the form of the Land and Development Office under the Union Ministry of Urban Development as it has withheld issue of no-objection certificates for nearly a dozen construction plans, stalling development work worth about Rs. 500 crores.

    The stalemate has been continuing for nearly a year now and despite the change of guard at the Centre has shown no signs of an early resolution. The problem arose when the L&DO demanded that the Delhi Metro Rail Corporation pay it the commercial rates for the properties allotted to it. The argument of L&DO was that the land had been provided by it for the Delhi Metro project at the transfer rates and if it was to be commercially exploited than commercial rates should be paid for it. The DMRC countered the demand by saying that right from the beginning it was known that it would use properties with it for commercial purposes to cross-subsidise its operations since urban transport in itself can never be a profit-making venture due to the high costs involved in fixed assets as well and recurring and operational expenditures. With the L&DO insisting that it would not issue the NOC if the Metro properties were used for anything other than operational purposes, the issue snowballed into a major one as it concerned nearly a dozen properties across the Capital on which the DMRC had planned projects worth over Rs 500 crores.

    According to sources, the controversy has primarily affected those projects in which the DMRC was getting the construction done through developers. As such the project at Khyber Pass has run into a legal wrangle as the developers have already been appointed by the DMRC but in the absence of the NOC they are not in a position to start construction of a commercial-cum-residential project there. The other major commercial projects affected by the stalemate at the Bhai Veer Singh Marg project and the Khyala project. Both of them involved construction on plots measuring over two hectares each. Similarly, there are around 10 other sites in which the work has got stalled.

    Ironically, the stand-off has spared those projects in which the land had been allotted by L&DO or Delhi Development Authority but the construction had been undertaken by DMRC out of its own resources. One such big project is the Information Technology Park being built by DMRC near the Shastri Park Depot. By raising its own funds -- primarily through loans from the Delhi Government -- the DMRC has almost completed the first of the three buildings which would house major IT players. Also, it is learnt to be in consultation with some major IT companies for leasing out the space. But since the private developers cannot undertake any construction till they get the NOC, the other projects are hanging fire.

    http://www.hindu.com/2004/10/15/stories/2004101509680400.htm (Retrieved 14th August, 2013)