another round in pushta seems imminent.
--letter to LG that should reach tomorrow--
Sub: Unauthorised structures on the riverbed: request
for hearing
Ref: WP 6500/2005, etc, and letters of 26/05/05,
05/05/05 and 04/05/05 (enclosed)
Respected Sir,
I am told water supply was disconnected yesterday in
the stretch of Pushta where clearance without
relocation is proposed by Order of 03/05/05 in WP
689/2004 (suo-motto matter in continuation of Order of
03/03/03 against unauthorised structures on riverbed
and banks).
I have seen the Order of 03/05/05 and am unable to
imagine the submissions leading to it / its proposed
use. The reference in it to "policy of DDA" seems to
disregard High Court Order of 29/11/02 and Supreme
Court Order of 03/03/03 (about slum policy) in the
same matter and Orders in WP 5007&09/2002 (in which
slum citizens have sought relocation according to Plan
from a park to nearby EWS housing site, still occupied
by Sahara Restaurant-Bar of DDA-scam fame) and
justifications like obstruction in procuring potable
water from the river and maintaining it as water-body,
encroachment on water not land, relocation costs, etc,
are untenable for structures on the embankment. It
also seems authorities did not inform Hon'ble Court
either of implications of Public Notice published on
08/04/05 for Master Plan 2021 or of responses
from/about Pushta to previous Public Notices u/s.11A,
representations including u/s.41 about illegalities in
clearance / resettlement in 2004, references from CVC,
Hon'ble President and NAC Chairperson about consequent
deaths of children, etc.
To me Order of 03/05/05 seems eminently applicable to
construction at Shastri Park metro depot, apropos
which the Division Bench appears not to have been
informed of notice to reply in two weeks, not complied
with, issued on 13/04/05 in WP 6500/2005 (Gita Dewan
Verma v/s DMRC & Ors) against the said construction.
Gazette notification of 25/04/05 for change of land
use for IT Park conclusively establishes that its
construction since November 2003 was unauthorised and
in contempt of Orders of 03/03/03 against all
unauthorised structures on the riverbed. On 23/05/05
the Hon'ble Court was not persuaded by the
respondents' curious contention that this
notification, produced in court at the last minute,
rendered the petition infructuous and has again
ordered replies, also rejecting the respondents'
contention, among others, that the riverbed is not
water body but dry land.
Since the Order of 03/03/03 I have repeatedly
contended that in absence of duly notified Zonal Plan
for the riverbed and of legal slum policy (called for
by Order of 29/11/02) compliance must begin at Shastri
Park metro depot if it is not to be gross violation of
Art.14 and abuse of judicial process - bizarre case of
state punishing victims of its failure (to develop
mandatory EWS housing), continuing in contempt of
prior court order in same matter, for advantage of
illegal development in contempt of the very order
being complied with. The enthusiasm with which Order
of 03/03/03 was misused under the garb of helpless
compliance in 2004 was humiliating for being so thinly
veiled. In 2005 the humiliation is compounded manifold
by the craftiness lately deployed in court to
obfuscate land and water, to spring a month-old
notification that should have been filed as timely
reply, etc. The ignominy that is poised to repeat on
the riverbed must, surely, rank among the most
ignominious cases of abuse of the judicial process for
furtherance of illegalities and injustice. It is sad
that such should happen under a new regime installed
by clear mandate for change, mandate that Hon?ble
President had interpreted in his address to Parliament
as one for restoration of rule of law.
It would be naive to invoke CMP promise of no forcible
evictions since that was already broken two months
after being made (with Pushta-like eviction of old
communities in Lalkhet for illegal Malls-and-Park
sub-judice in WP 8523/2003, with WP 5007&09/2002 also
pending). I invoke, instead, CMP solemn pledge "to
provide a government that is corruption-free,
transparent and accountable at all times, to provide
an administration that is responsible and responsive
at all times" - to make two requests as citizen, as
planner, as petitioner in WP 6500/2005 (which is about
my responses to Public Notices pertaining to
constructions at Shastri Park in which contentions
such as above are central):
(1) I request appropriate steps to ensure court is not
blamed for authorities' riverbed shenanigans
(2) I request urgent hearing now that war on Pushta
has been declared by disconnecting water
Yours sincerely
Gita Dewan Verma, Planner
cc:
* Commissioner, Delhi Police (wrt letter of 04/05/05)
* DDA Vice Chairman (wrt WP 689/2004)
* GNCTD Chief Secretary and MoUD Delhi Division (wrt
WP 689/2004 and WP 6500/2005)
----
letters of 05/05/05 and 26/05/05 at:
http://mail.architexturez.net/pipermail/mpisgmedia/2005-May/000361.html
IT Park case last post at:
http://mail.architexturez.net/pipermail/mpisgmedia/2005-May/000356.html
Pushta posts of 2004 start:
http://mail.architexturez.net/pipermail/mpisgmedia/2004-February/
__________________________________
Discover Yahoo!
Get on-the-go sports scores, stock quotes, news and more. Check it out!
http://discover.yahoo.com/mobile.html
--letter to LG that should reach tomorrow--
Sub: Unauthorised structures on the riverbed: request
for hearing
Ref: WP 6500/2005, etc, and letters of 26/05/05,
05/05/05 and 04/05/05 (enclosed)
Respected Sir,
I am told water supply was disconnected yesterday in
the stretch of Pushta where clearance without
relocation is proposed by Order of 03/05/05 in WP
689/2004 (suo-motto matter in continuation of Order of
03/03/03 against unauthorised structures on riverbed
and banks).
I have seen the Order of 03/05/05 and am unable to
imagine the submissions leading to it / its proposed
use. The reference in it to "policy of DDA" seems to
disregard High Court Order of 29/11/02 and Supreme
Court Order of 03/03/03 (about slum policy) in the
same matter and Orders in WP 5007&09/2002 (in which
slum citizens have sought relocation according to Plan
from a park to nearby EWS housing site, still occupied
by Sahara Restaurant-Bar of DDA-scam fame) and
justifications like obstruction in procuring potable
water from the river and maintaining it as water-body,
encroachment on water not land, relocation costs, etc,
are untenable for structures on the embankment. It
also seems authorities did not inform Hon'ble Court
either of implications of Public Notice published on
08/04/05 for Master Plan 2021 or of responses
from/about Pushta to previous Public Notices u/s.11A,
representations including u/s.41 about illegalities in
clearance / resettlement in 2004, references from CVC,
Hon'ble President and NAC Chairperson about consequent
deaths of children, etc.
To me Order of 03/05/05 seems eminently applicable to
construction at Shastri Park metro depot, apropos
which the Division Bench appears not to have been
informed of notice to reply in two weeks, not complied
with, issued on 13/04/05 in WP 6500/2005 (Gita Dewan
Verma v/s DMRC & Ors) against the said construction.
Gazette notification of 25/04/05 for change of land
use for IT Park conclusively establishes that its
construction since November 2003 was unauthorised and
in contempt of Orders of 03/03/03 against all
unauthorised structures on the riverbed. On 23/05/05
the Hon'ble Court was not persuaded by the
respondents' curious contention that this
notification, produced in court at the last minute,
rendered the petition infructuous and has again
ordered replies, also rejecting the respondents'
contention, among others, that the riverbed is not
water body but dry land.
Since the Order of 03/03/03 I have repeatedly
contended that in absence of duly notified Zonal Plan
for the riverbed and of legal slum policy (called for
by Order of 29/11/02) compliance must begin at Shastri
Park metro depot if it is not to be gross violation of
Art.14 and abuse of judicial process - bizarre case of
state punishing victims of its failure (to develop
mandatory EWS housing), continuing in contempt of
prior court order in same matter, for advantage of
illegal development in contempt of the very order
being complied with. The enthusiasm with which Order
of 03/03/03 was misused under the garb of helpless
compliance in 2004 was humiliating for being so thinly
veiled. In 2005 the humiliation is compounded manifold
by the craftiness lately deployed in court to
obfuscate land and water, to spring a month-old
notification that should have been filed as timely
reply, etc. The ignominy that is poised to repeat on
the riverbed must, surely, rank among the most
ignominious cases of abuse of the judicial process for
furtherance of illegalities and injustice. It is sad
that such should happen under a new regime installed
by clear mandate for change, mandate that Hon?ble
President had interpreted in his address to Parliament
as one for restoration of rule of law.
It would be naive to invoke CMP promise of no forcible
evictions since that was already broken two months
after being made (with Pushta-like eviction of old
communities in Lalkhet for illegal Malls-and-Park
sub-judice in WP 8523/2003, with WP 5007&09/2002 also
pending). I invoke, instead, CMP solemn pledge "to
provide a government that is corruption-free,
transparent and accountable at all times, to provide
an administration that is responsible and responsive
at all times" - to make two requests as citizen, as
planner, as petitioner in WP 6500/2005 (which is about
my responses to Public Notices pertaining to
constructions at Shastri Park in which contentions
such as above are central):
(1) I request appropriate steps to ensure court is not
blamed for authorities' riverbed shenanigans
(2) I request urgent hearing now that war on Pushta
has been declared by disconnecting water
Yours sincerely
Gita Dewan Verma, Planner
cc:
* Commissioner, Delhi Police (wrt letter of 04/05/05)
* DDA Vice Chairman (wrt WP 689/2004)
* GNCTD Chief Secretary and MoUD Delhi Division (wrt
WP 689/2004 and WP 6500/2005)
----
letters of 05/05/05 and 26/05/05 at:
http://mail.architexturez.net/pipermail/mpisgmedia/2005-May/000361.html
IT Park case last post at:
http://mail.architexturez.net/pipermail/mpisgmedia/2005-May/000356.html
Pushta posts of 2004 start:
http://mail.architexturez.net/pipermail/mpisgmedia/2004-February/
__________________________________
Discover Yahoo!
Get on-the-go sports scores, stock quotes, news and more. Check it out!
http://discover.yahoo.com/mobile.html