Pushta round3 – citizens' call for suspension till public hearing

This is a translation of a statement that Pushta
citizens in areas facing demolition this week have
issued today. The contact number I have is 33179340.


CALL FOR SUSPENDING PUSHTA CLEARANCE TILL PUBLIC
HEARING FOR CLARIFICATION ABOUT VIOLATIONS OF LAW AND
POLICY AND CONTEMPT OF COURT ORDER AND ELECTION
COMMISSION DIRECTIVE IN EVICTIONS EFFECTED THUS FAR

The war-like operation, complete with malicious
propaganda, against Pushta citizens in name of the
Court and Election Commission is progressing fast.

Several questions about the basis of this clearance
drive remain unanswered. What did MoUD, GNCT and MCD
do about riverbed Plan and slum policy pursuant to
High Court order of 03.03.03? Why did they not
prepare, by due process of law inclusive of
opportunity for public objections for 90 days under
Delhi Development Act, the legal Plan for the riverbed
pursuant to order of 03.03.03? Why did they not
prepare, pursuant to earlier order of 29.11.02 in the
same matters that quashed the illegal policy and
called for an alternative, a legal slum policy? When
neither the legal Plan for the riverbed nor a legal
slum policy are in place, under what law is the
Tourism Minister doing what in the riverbed in the
name of a court order that was not even for his
Ministry?

Questions about violations of law and policy and
contempt of court orders and EC directive in the
evictions effected thus far have also not been
answered, despite representations by those resettled
or evicted without resettlement. In the belief that
clarification, at least, is an entitlement, citizens
of Yamuna Pushta seek from Election Commission, MoUD,
GNCT, MCD, DDA and Delhi Police a Public Hearing for
clarification about at least the following points and
suspension of the clearance drive till then. And they
solicit support for this call from others.

1.
When the Court cannot and has not permitted evictions
and resettlement by unlawful processes, how are the
following going on in the drive that is underway in
the name of the Court:
* Notice for as less as 48 hours, when law requires
notice of at least 5 days.
* Notice not stating resettlement is subject to
outcome of SLP on slum policy, when Supreme Court has
ordered this
* Notice not mentioning time for objection to
eligibility as per survey, when this is usual practice
in view of typical survey errors and all the more
necessary since survey and demolition are now going on
simultaneously in Pushta
* Non-transparent decision about 18 sqm or 12.5 sqm
plot and charging 7000/- for both, when these plot
sizes are illegal and same amount for them is
violative even of policy.

2.
In the clearance drive being carried out in the name
of the Court, why are the Court's orders of 30.01.04
guaranteeing benefits for Pushta citizens not being
complied with:
* When the Court has given to those unable to
deposit 7000/- the right to make a down payment of
500/- on condition of paying the balance in 60 days,
why are those carrying out evictions in the name of
the Court denying this?
* Despite the undertaking given to Court on
30.01.04, why was even facility of bus till
examinations and school transfers not provided to
children relocated on 13.02.04?

3.
On what basis were assurances about adequacy of
facilities in resettlement areas given to court, when,
according to the lawful definition of adequacy in
Delhi Master Plan under Delhi Development Act,
facilities are grossly inadequate and the development
illegal?

4.
When the Election Commission can not and has not
permitted that voting rights of only those be
safeguarded who are found eligible for resettlement
and then able to deposit 7000/-, then why in the name
of the EC is underway a process in which voting rights
of, at best, allottees of only the 19000 available
resettlement plots can be safeguarded and voting
rights of over 1 lakh electors in the remaining out of
the 75000 families in Pushta are doomed to be
infringed?

5.
What, besides a show of ability to create an
atmosphere of terror and helplessness, is being
achieved by the deployment of force at such massive
scale and does the situation really call for and
democracy really allow this?



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