Dear Ms Jha,
With refer to our telecon about the ridge protection /
VK malls story in NOW (text at end of message) the
following are a few points of information in the
context of a PIL pending in Delhi High Court that was
filed in December 2003 (just before the auction of VK
Malls) to, among other things, challenge (on grounds
of Master Plan / Delhi Development Act and CGWA
notification / Environment Protection Act and judgment
of 16.09.2002 against identically illegal Sultangarhi
scheme) a number of projects in the area. Of 7
respondents, DDA has filed this year two
counter-affidavits answering the petition and MCD has
filed one to curiously claim no role in the area.
* Projects in the duly delineated ridge here are
Sultangarhi megahousing & Park (which Federation of
RWAs of VK, reversing the stand it had taken in its
Public Notice response in 2002, demanded at visit of
Lok Sabha Standing Committee on 05.01.05) and GNCTD
Mandi at Andheria Morh with illegal boring (foundation
stone and inauguration functions for which were graced
by CM and which DDA has submitted was built despite
its repeated objections).
* GNCTD Liver Institute is under construction with
illegal boring in Master Plan Green Belt. DDA has
submitted that post-facto approval for it is under
consideration. This will require Public Notice to be
issued, but perhaps in presumption of rejection of
objections / Bhagidari support (as expressed at the
well-attended foundation stone laying by CM), GNCTD
has also approved further land acquisition for it.
* For VK Malls, DDA has claimed basis in Supreme Court
clearance for 92 Ha (including site of Malls) in PIL
of 1997 by environmentalists (including Prof Vikram
Soni) and further order of 2004 in PIL based on that
PIL against VK Malls by former MP Mr Santosh Bhartiya
(in our rejoinder we have challenged relevance of the
purported clearance of 1997 in terms of subsequently
notified Zonal Plan).
* Aravalli Biodiversity Park next to VK Malls is
outside the delineated Aravalli ridge and usurps land
meant for other uses. In pendency of our PIL and SLP
of Mr Santosh Bhartiya, foundation stone was laid by
LG and 4 MPs including 3 ministers and Prof Vikram
Soni petitioned Central Empowered Committee for this.
Mr Shekhar Singh, member of MoEF Steering Committee
for National Biodiversity Strategy and Action Plan,
was co-opted as special invitee by CEC, MoEF and Army
did not concur with the proposal, GNCTD was agreeable,
DDA went along. At end of July 2004, CEC recommended
the Park, but not stoppage of VK Malls. This was
immediately followed by eviction of old communities in
first serious breach of National Common Minimum
Programme. (Subsequent evictions in Mumbai were
protested by Ms Medha Patkar on this among other
grounds).
* Pleadings before CEC in the matter of Prof Vikram
Soni appear not to have made any reference (besides to
Biodiversity Act, 2002, or CGWA notification) to
Environmental Impact Assessment Notification of
07.07.04, which is what requires environmental
clearance for construction projects. Environmental
clearance for VK Malls, however, is required by
Supreme Court orders of 1997 and, as per auction
conditions, the onus for it is on the builders. On
13.03.05 Delhi Pollution Control Committee of GNCTD
issued a Public Notice asking proponents of projects
falling in purview of EIA notification to submit
applications within 21 days, but appears not to have
initiated proceedings against defaulters. (Apart from
VK Malls, Sultangarhi mega-housing and GNCTD Liver
Institute and possibly also GNCTD Mandi invite EIA
inclusive of public hearing at initiative of DPCC /
GNCTD)
* Central to all this (including judgment of 16.09.02
by which the illegal sultangarhi scheme was then
stopped) is the issue of water and role of the
Bhagidari program in diverting attention from the
crisis with strange claims about rain water and Sonia
Vihar. (Now the focus in DJB affairs has shifted to
alleged irregularities in award of some consultancies,
RTI activities of Parivartan and Ms Aruna Roy, etc).
* All these issues are pending in, besides the PIL,
90-day Public Notice issued by DDA on 08.04.05 for
Master Plan 2021, public hearings for which commenced
on 03.10.05. Action is also awaited on representations
made to President of India and forwarded by his
Secretariat to GNCTD and MoUD for appropriate action.
The foregoing is based on efforts of over 2000
families in the area since the year 2000 and is well
known to authorities and to others as well (even NOW
had carried in 2002 my analysis of the water issue). I
am not inclined to activist movements, etc, and do not
personally know any of those named / quoted in the NOW
report. I thought I would mail you this information in
case your correspondent thinks it might be of interest
to any of his sources or you think it might be of
interest to your readers.
Best regards
Gita Dewan Verma, Planner
cc: az plan / mpisg (also with request to forward to
those named in the report or anyone else that might be
interested)
============
NEWS OF THE WEEK November 19,2005 ? November 25,2005
Vasant Kunj to take up violation of ridge protection
OTERS TO JOIN INCLUDING MEDHA PATKAR
Dipak Kumar Dash
The construction of huge mall and commercial cum
office complex might be in full swing, but residents
concerned of the need to protect the ridge surrounding
Vasant Kunj have not lost hope to minimize the damage
done to mother nature. Considering the fact that Delhi
Development authority (DDA) is expected to invite
'Public Objection' with regard to the development of
this commercial complex, residents and concerned
people from other areas and NGOs are going to organize
protests in weeks to come.
In meeting held last week on ridge protection
residents of Vasant Kunj met the renowned activist
Medha Patkar and she was briefed about the development
taking place in the ridge area contravening all norms
of ridge protection.
Addressing the meeting Prof Soni, a resident of Vasant
Vihar and an activist associated with ridge protection
in this zone narrated how all the proposed and ongoing
developments have been taking place sidelining all the
environmental protection norms.
"All present in the meeting supported the idea that
this sort of development must be opposed, as this will
invite trouble in the long run. So, we met Medha
Patkar and sought her help to make it a larger
movement and she instantly agreed to extend her
support. Several other NGOs including Parivartan and
CHETNA and local residents are going to support the
movement," says Amit Agarwal, who took up the matter
with Medha Patkar.
Meanwhile, the Federation of RWAs of Vasant Kunj,
Vasant Kunj Bhagidari have also said to extend their
support for the movement.
What is all the more interesting is that sources in
Delhi Pollution Control Committee (DPCC) say that no
clearance has been issued for the ongoing development.
"Such development have to get environmental clearance
from DPCC, but we can?t stop the construction work on
that basis. Any intervention is possible only by the
LG," says a senior official. Taking into account all
these factors including the fact that even the DDA has
submitted in Supreme Court this entire area as ridge,
residents are hopeful to take the fight to a logical
conclusion. "We will raise issues including how this
project was cleared and who cleared this.
Accountability must be fixed," says Amit Agrawal.
Responding to the call Federation Secretary General NV
Vaid said, "We will also support the movement. Once
the malls and other commercial developments are here,
water crisis will be severe. As such Jal Board does
not supply water in Vasant Kunj, but people buy it
they pay for each tanker." VK Bhagidari chief Amrit
Madan also said that the movement will be supported in
all possible manner.
It's worth mentioning that CHETNA has also submitted a
representation to the President of India in this
regard.
__________________________________
Yahoo! Mail - PC Magazine Editors' Choice 2005
http://mail.yahoo.com
With refer to our telecon about the ridge protection /
VK malls story in NOW (text at end of message) the
following are a few points of information in the
context of a PIL pending in Delhi High Court that was
filed in December 2003 (just before the auction of VK
Malls) to, among other things, challenge (on grounds
of Master Plan / Delhi Development Act and CGWA
notification / Environment Protection Act and judgment
of 16.09.2002 against identically illegal Sultangarhi
scheme) a number of projects in the area. Of 7
respondents, DDA has filed this year two
counter-affidavits answering the petition and MCD has
filed one to curiously claim no role in the area.
* Projects in the duly delineated ridge here are
Sultangarhi megahousing & Park (which Federation of
RWAs of VK, reversing the stand it had taken in its
Public Notice response in 2002, demanded at visit of
Lok Sabha Standing Committee on 05.01.05) and GNCTD
Mandi at Andheria Morh with illegal boring (foundation
stone and inauguration functions for which were graced
by CM and which DDA has submitted was built despite
its repeated objections).
* GNCTD Liver Institute is under construction with
illegal boring in Master Plan Green Belt. DDA has
submitted that post-facto approval for it is under
consideration. This will require Public Notice to be
issued, but perhaps in presumption of rejection of
objections / Bhagidari support (as expressed at the
well-attended foundation stone laying by CM), GNCTD
has also approved further land acquisition for it.
* For VK Malls, DDA has claimed basis in Supreme Court
clearance for 92 Ha (including site of Malls) in PIL
of 1997 by environmentalists (including Prof Vikram
Soni) and further order of 2004 in PIL based on that
PIL against VK Malls by former MP Mr Santosh Bhartiya
(in our rejoinder we have challenged relevance of the
purported clearance of 1997 in terms of subsequently
notified Zonal Plan).
* Aravalli Biodiversity Park next to VK Malls is
outside the delineated Aravalli ridge and usurps land
meant for other uses. In pendency of our PIL and SLP
of Mr Santosh Bhartiya, foundation stone was laid by
LG and 4 MPs including 3 ministers and Prof Vikram
Soni petitioned Central Empowered Committee for this.
Mr Shekhar Singh, member of MoEF Steering Committee
for National Biodiversity Strategy and Action Plan,
was co-opted as special invitee by CEC, MoEF and Army
did not concur with the proposal, GNCTD was agreeable,
DDA went along. At end of July 2004, CEC recommended
the Park, but not stoppage of VK Malls. This was
immediately followed by eviction of old communities in
first serious breach of National Common Minimum
Programme. (Subsequent evictions in Mumbai were
protested by Ms Medha Patkar on this among other
grounds).
* Pleadings before CEC in the matter of Prof Vikram
Soni appear not to have made any reference (besides to
Biodiversity Act, 2002, or CGWA notification) to
Environmental Impact Assessment Notification of
07.07.04, which is what requires environmental
clearance for construction projects. Environmental
clearance for VK Malls, however, is required by
Supreme Court orders of 1997 and, as per auction
conditions, the onus for it is on the builders. On
13.03.05 Delhi Pollution Control Committee of GNCTD
issued a Public Notice asking proponents of projects
falling in purview of EIA notification to submit
applications within 21 days, but appears not to have
initiated proceedings against defaulters. (Apart from
VK Malls, Sultangarhi mega-housing and GNCTD Liver
Institute and possibly also GNCTD Mandi invite EIA
inclusive of public hearing at initiative of DPCC /
GNCTD)
* Central to all this (including judgment of 16.09.02
by which the illegal sultangarhi scheme was then
stopped) is the issue of water and role of the
Bhagidari program in diverting attention from the
crisis with strange claims about rain water and Sonia
Vihar. (Now the focus in DJB affairs has shifted to
alleged irregularities in award of some consultancies,
RTI activities of Parivartan and Ms Aruna Roy, etc).
* All these issues are pending in, besides the PIL,
90-day Public Notice issued by DDA on 08.04.05 for
Master Plan 2021, public hearings for which commenced
on 03.10.05. Action is also awaited on representations
made to President of India and forwarded by his
Secretariat to GNCTD and MoUD for appropriate action.
The foregoing is based on efforts of over 2000
families in the area since the year 2000 and is well
known to authorities and to others as well (even NOW
had carried in 2002 my analysis of the water issue). I
am not inclined to activist movements, etc, and do not
personally know any of those named / quoted in the NOW
report. I thought I would mail you this information in
case your correspondent thinks it might be of interest
to any of his sources or you think it might be of
interest to your readers.
Best regards
Gita Dewan Verma, Planner
cc: az plan / mpisg (also with request to forward to
those named in the report or anyone else that might be
interested)
============
NEWS OF THE WEEK November 19,2005 ? November 25,2005
Vasant Kunj to take up violation of ridge protection
OTERS TO JOIN INCLUDING MEDHA PATKAR
Dipak Kumar Dash
The construction of huge mall and commercial cum
office complex might be in full swing, but residents
concerned of the need to protect the ridge surrounding
Vasant Kunj have not lost hope to minimize the damage
done to mother nature. Considering the fact that Delhi
Development authority (DDA) is expected to invite
'Public Objection' with regard to the development of
this commercial complex, residents and concerned
people from other areas and NGOs are going to organize
protests in weeks to come.
In meeting held last week on ridge protection
residents of Vasant Kunj met the renowned activist
Medha Patkar and she was briefed about the development
taking place in the ridge area contravening all norms
of ridge protection.
Addressing the meeting Prof Soni, a resident of Vasant
Vihar and an activist associated with ridge protection
in this zone narrated how all the proposed and ongoing
developments have been taking place sidelining all the
environmental protection norms.
"All present in the meeting supported the idea that
this sort of development must be opposed, as this will
invite trouble in the long run. So, we met Medha
Patkar and sought her help to make it a larger
movement and she instantly agreed to extend her
support. Several other NGOs including Parivartan and
CHETNA and local residents are going to support the
movement," says Amit Agarwal, who took up the matter
with Medha Patkar.
Meanwhile, the Federation of RWAs of Vasant Kunj,
Vasant Kunj Bhagidari have also said to extend their
support for the movement.
What is all the more interesting is that sources in
Delhi Pollution Control Committee (DPCC) say that no
clearance has been issued for the ongoing development.
"Such development have to get environmental clearance
from DPCC, but we can?t stop the construction work on
that basis. Any intervention is possible only by the
LG," says a senior official. Taking into account all
these factors including the fact that even the DDA has
submitted in Supreme Court this entire area as ridge,
residents are hopeful to take the fight to a logical
conclusion. "We will raise issues including how this
project was cleared and who cleared this.
Accountability must be fixed," says Amit Agrawal.
Responding to the call Federation Secretary General NV
Vaid said, "We will also support the movement. Once
the malls and other commercial developments are here,
water crisis will be severe. As such Jal Board does
not supply water in Vasant Kunj, but people buy it
they pay for each tanker." VK Bhagidari chief Amrit
Madan also said that the movement will be supported in
all possible manner.
It's worth mentioning that CHETNA has also submitted a
representation to the President of India in this
regard.
__________________________________
Yahoo! Mail - PC Magazine Editors' Choice 2005
http://mail.yahoo.com