Translated text of MPISG letter of 06/05/05 to DDA VC


Mr Madhukar Gupta, DDA VC
Sub: Request for clarification from you and DMP2021
shelter sub-group about Authority-Decision of survey
in sub-zone F9

Sir,
Public-notice no. F9(74(03)/CRC/South/127 dated
13.4.05 under signature of Deputy Director (LM) SEZ is
pasted in Sub-Zone F9. It says, "All brothers and
sisters of Nehru Camp, Navjivan Camp and Bhumihin
Camp, near Klakaji Extension, are informed that as per
order of court in WP 6324/2003 and CM No. 14278/2004
IN LPA No. 1663/2004 and Authority Decision, survey
has started in these camps since 18.4.2005", etc.
Clarification of Authority-Decision by which this
public-notice has been issued in DMP2021 Public Notice
period is sought since this appears to be a case of
misuse of court orders for DMP violation, as follows:

1. This public-notice perhaps does not have basis in
WP 6324/2003. From information available on the net,
this yet to be disposed case, listed for hearing
today, was filed by RWA of A-14 Kalkaji Extn in the
matter of Transit Camp and MCD/NGO Schools on site for
District Park and Community Centre to its east. The
camps mentioned in the survey public-notice are some
distance away to the west of A-14, in area earmarked
residential in DMP. CM No. 14278/2004 and LPA No.
1663/2004 are not mentioned in the description of WP
6324/2003 on the net nor is information on them
otherwise available on it. From enclosed news reports
of April 2005 it appears that the job of demolition of
Transit Camp (hand written "information" of which was
pasted as plain-paper letter of 7-4-05) and survey in
other camps is underway by order, with contempt
threat, in appeal by DDA on order of 29/09/04 in WP
6324/2003 – ie, an order based primarily on the
view of the state.  

2. Order of 29/09/04 in WP 6324/2003 is not available
on the net, but in order of 13/08/04 the court had
asked DDA to produce the plans of Kalkaji Extn. From
enclosed news report of 17/04/05 it appears DDA told
the court that on the District Park and three
Neighbourhood Parks, totaling 11.95 Ha, Transit Camps
for 200-250 families from Punjab had been set up in
1986 and these were now flourishing with thousands.
This information, on order on appeal on order arising
from which survey is underway in Nehru Camp, Navjiwan
Camp and Bhumihin Camp, is inaccurate and incomplete,
as follows:

*  Perhaps these camps were there before 1986.
Bhumihin Camp used to be mentioned in discussions on
MCD-NGO ideas for in-situ slum development via slum
cooperatives and perhaps money was collected from its
residents for making a society

* Perhaps these camps are not on NH Park sites. The
extent of Navjivan Camp is indicated, with name, in
the Zonal Plan and, without due process inclusive of
Public Notice for Zonal Plan a NH Park on the site
would be illegal

* Development of District Park is an imperative,
besides of claims of A-14, of DMP and ZDP that earmark
it, but priority to development of NH Parks for
facility of NH in Kalkaji Extn, where missing block
numbers suggest residential development is incomplete,
is violative of DMP provisions for monitoring.

* At sub-zone level also clearance of NH for
development of NH Park is, besides being senseless,
illegal since mandatory 45% LIG housing including 25%
EWS plots has not been developed for even the
additional 15000 families in 1981-2001 (as per DDA
affidavit of Janaury 2004 in WP 5007&09/2002) and
urban renewal scheme for Govindpuri-Kalkaji complex,
in which also these camps can be integrated, has not
been prepared as per Zonal Plan. In face of this
backlog, the clearance / resettlement for which DDA is
conducting survey in this camp is contrary to its
mandate and also illegal in terms of zonal plan
provisions for resettlement / upgradation as per
policy since, despite Planning Commission
recommendation for solving the slum problem with
mandatory DMP solution of EWS housing, policy awaits
compliance of court order of 2002 that quashed illegal
slum policy and called for legal policy.

3. Authority-Decision to issue public-notice of
13.4.05 seems to merit scrutiny by MoUD under s.41 on
account of, besides above-mentioned illegalities,
following improprieties:

* NH parks without NH, on which the Act does not allow
public expenditure, will decrease sub-zonal population
and make the zonal plan proposal of bringing the metro
to Tughlakabad unviable. DMP targets do not allow any
NH development other than EWS plots since, as per DDA
affidavit of January 2004, it has already built in the
sub-zone more flats than it had to and further flats,
or malls, etc, will also violate CGWA notification. In
any case EWS housing in the sub-zone is a necessity
also of flats, establishments, etc, and for DDA use of
land meant for it for any other purpose would amount
to profiteering. As such the Authority-Decision merits
scrutiny for being violative of DMP rights of slums,
flats, establishments, etc, in the area and contrary
to statutory responsibilities of DDA.

* It is not clear how exactly these three camps came
in the purview of the court orders mentioned in
public-notice, but afore-mentioned court order and
Planning Commission report of 2002 apply to all of
Delhi and by Order of November 2003 in support of DMP
solution for the slum problem all of F-Zone comes in
the purview of WP 5007&09/2002 in which DDA has not
filed as per Order of November 2003 time-schedule for
implementing DMP EWS/LIG housing and on Order of
January 2005 summary of submissions for final hearing
and disposal. As such, the Authority-Decision merits
scrutiny also for enthusiasm about compliance of
Orders for evictions, secured by keeping facts, while
cold-storing Orders in favour of DMP solutions.

* This public-notice of 13.4.05 for purposes illegal
and improper in terms of DMP has been issued during
DMP2021 Public Notice period. Perhaps DMP2021 housing
proposals allow such things, but all citizens,
including residents of these camps, have the right to
object to them till 07/07/05 and Authority-Decision to
paste before that public-notice for implementing those
proposals merits scrutiny for disregard of imperatives
of Public Notice process for DMP modification.

 

Save for press releases / reports about the
slum-freedom committee appointed under you, basis of
DMP2021 shelter proposals is unclear. Clarification
about public-notice of 13.4.05, which suggests
eagerness to implement those proposals, is sought from
you and DMP2021 sub-group on shelter in time for
filing responses to DMP2021.


Rajinder Singh, Convener (Housing)

Gita Dewan Verma, Planner

 

cc:
(for favour of forwarding to sub-group members): Mr AK
Jain, Commissioner (Planning)
(for information): Mr Kashyap Mankodi, A-14 Kalkaji
Extn; Mr Chauhan, Navjivan Camp; Mr Adhir Rai,
Bhumiheen Camp; Mr Sanjay, Nehru Camp

 

               
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