Re: [mpisgmedia] Industries

> ...government has finally
> revealed (in news reports of 11.08.04) its plans for
> compliance of Supreme Court order of 07.05.04 ?
> through unlawful closure rather than through
> enforcement of statutory solutions. please see:
http://plan.architexturez.net/site/dmp2021/ncmp/m/040812

What Aruna Bhowmick posted yesterday at
http://mail.architexturez.net/mailman/private/mpisgplanner/2004-August/000079.html
is text of appeal in Supreme Court against judgment of
31.05.02 in their CWP 4316/1994 (against commercial
misuse of residential premises) in which a full bench
of High Court has held DDA and MCD powers to seal are
too drastic to be applied to misuse (judgment is not
on the net, see news item of 13.06.02 at
http://cities.expressindia.com/archivefullstory.php?newsid=20300&creation_date=2002-06-13).


Supreme Court allowed interim stay application on
24.01.03, which authorities have not used to seal
commercial misuse even to extent covered by the CWP.

Instead MCD lately proposed licensing commercial
misuse of residential premises and, undettered by
Supreme Court staying that on 02.08.04, also plans for
commercial misuse by way of mall and multiplex on
Idgah Abattoir site (HT 14.08.04). In October 2002 the
court quashed a scheme to license commercial misuse of
industrial premises (referred to in judgment of
07.05.04), but stay of 24.01.03 seems not to have been
used against that either (eg, news of 16.06.04 at
http://cities.expressindia.com/fullstory.php?newsid=87819).

They are preparing to seal industrial misuse, with no
mention of either High Court order/SLP on sealing
powers or connection with commercial misuse license
policies in either court proceedings or media
reportage on industries. Just as options for
industries in all planned commercial development (lost
to commercial misuse) have been kept a closely guarded
secret in courts and media, though they provide a far
more viable solution for most industries than Bawana
(itself a 'non-conforming area' for being short of
standards).

Quackery and willfulness since 1999 has brought the
industries imbroglio to stand where it does. Rigour in
ensuring lawful compliance of a Supreme Court judgment
that is, after all, a drastic exercise of judicial
powers is warranted - not in name of industries but of
sanctity of systems of democracy.












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[mpisgmedia] Industries, Gita Dewan Verma
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