Open Letter to MCD Commissioner, Mr A K Nigam
(23.12.05)
(Sunday Pioneer, Agenda, 25.12.05, has published it
with minor changes, and added to Planner that I wrote
Slumming-India and my views are my own)
Dear Mr Nigam,
I am a planner with some understanding of Delhi and it
has been a while since I noticed a glimpse of method
in madness here. I thank you for your effort for a
lawful drive against unauthorised constructions and
would like to share a few questions.
1. Why is no action being taken against Ms Sheila
Dikshit for obstructing duties of MCD (and Board for
Master Plan 2021 Public notice, of which you and a
councillor are members) and for instigating unrest by
propagating mis-information?
MCD has repeatedly clarified that its drive is against
constructions without building permits or in deviation
from sanctioned plans for which 18217 notices have
been issued and surveys are underway of other
violations for action by due process. Ms Dikshit,
however, is stoutly insisting it is against commercial
misuse, hapless citizens, etc, and leading loyalists,
detractors, rivals and bhagidaars (and thence media)
in snowballing obfuscation to make irrelevant
mischievous demands for MCD to approach court, MLAs to
object to Master Plan 2021, central government to
implement it, etc. Ms Dikshit relentlessly laments
(and is hence aware) that land/building regulation and
law and order are beyond jurisdiction of her
Government. She has been openly abusing her authority
to interfere in central government functions and
foment public protest not only against the drive but
also against judicial and statutory processes. Yet no
action has been taken against her even as the law and
order situation has been reviewed by Home Ministry.
2. Is MCD going to include in list of those indulging
unauthorised constructions flouting building
regulations also your predecessor and others indulging
in unauthorised construction of a framework to
substitute building regulations?
On 19.12.05 press reported that MCD has identified
about 900 officials indulging unauthorised
constructions and also that Mr Rakesh Mehta has said
at a high level meeting that the byelaw-reform (MCD
Act Amendment Bill) in which he/MCD has been indulging
since 2003 ensued from some oral orders and 1 crore
from USAID. As you are aware, this unauthorised Bill
violates Constitutional provisions for Statehood and
Decentralisation to propose a regime of practically
self-sanctioned building construction (and even
building use, which is regulated by DDA, not MCD Act)
and empowers MCD to act (practically without notice)
against violations of byelaws, ie, it divests MCD of
responsibility to ensure conformity of building permit
with building byelaws and, thereby, divests (self)
sanctioned building plans of all sanctity. This is the
scenario that Ms Dikshit is falsely construing for the
ongoing drive to feign distress, even as her cabinet
has approved (without jurisdiction) in October the
unauthorised Bill to legislate it.
3. Can MCD request the Registrar to help counter
ongoing anti-Court propaganda with action against
unauthorised constructions in Delhi High Court
premises?
An impression is being created that the court has
passed unreasonable directions that no one can do
anything about, as if the court has executed some coup
in the capital. I have not seen the order of 14.12.05
but it is obvious, from your efforts, that it allows
lawful compliance, like did other orders that were
misused to circumvent procedures (as in drives against
Pushta slums and industries in 2004) while Ms Dikshit
made political remarks about courts. It would be
undignified for courts to take note of anti-court
politics, but in the instant matter perhaps dignity of
the court calls for it to respond - by responding to
your request to all to dismantle their unauthorised
constructions (Delhi High Court has a structure for
issuing passes on right-of-way outside north boundary
wall, additions in east set back, etc). In the same
spirit, MCD might also want to consider action against
Sahara Restaurant & Bar for which CBI caught also a
sitting judge of Delhi High Court in the DDA scam of
2003.
4. Can MCD initiate, in view of order of 14.12.05,
exemplary demolition without notice of buildings
constructed without building permit in disregard of
Court orders / notice?
The court reportedly directed also that no further
notices are required. I thank you for not reading in
that either bar from issuing or excuse for not issuing
notices as per law. I can think of only a few
unauthorised constructions that might be fit cases for
demolition without notice (and which also explain Ms
Dikshit's keenness to divert attention from building
permit violations). DDA counter-affidavits in PIL of
2003 reveal Delhi Government's Kisaan Haat at Andheria
Morh and (under construction) Institute of Liver &
Biliary Sciences amidst pay-and-misuse farmhouses are
unauthorisedly built in pendency of the case in which
it has not filed reply on court notice. Ms Dikshit
graced functions at both these, like she did
inauguration of commercial IT Park built on the
riverbed - in disregard of court orders against all
unauthorised riverbed structures - without building
permit (as revealed in other counter-affidavits in a
writ petition in which Delhi Government has not
replied on court notice). An example of commercial
misuse, which Ms Dikshit started making out is
targeted in the present drive, is Bhagidaari
prize-winning market unauthorisedly built across the
street from a vacant planned commercial site in Vasant
Kunj to which other local shops have been seeking
relocation since 2001. Delhi Government has not
replied to court notice, CVC reference,
representations forwarded by President's Secretariat,
etc, in their matter and on the site has lately
started construction (presumably unauthorised, as it
was not mentioned in affidavit filed by DDA Vice
Chairman in May in another matter pending in Delhi
High Court) of one Sun-City Mall.
These and such are not really questions hoping for
answers, but hope asking if it might rise. I wish you
well for providing cause to ask and apologize for what
you are stuck with in lieu of the welcome due to a new
municipal commissioner from a city that claims to be
best-practice in participatory great governance.
Gita Dewan Verma, Planner
__________________________________
Yahoo! for Good - Make a difference this year.
http://brand.yahoo.com/cybergivingweek2005/
(23.12.05)
(Sunday Pioneer, Agenda, 25.12.05, has published it
with minor changes, and added to Planner that I wrote
Slumming-India and my views are my own)
Dear Mr Nigam,
I am a planner with some understanding of Delhi and it
has been a while since I noticed a glimpse of method
in madness here. I thank you for your effort for a
lawful drive against unauthorised constructions and
would like to share a few questions.
1. Why is no action being taken against Ms Sheila
Dikshit for obstructing duties of MCD (and Board for
Master Plan 2021 Public notice, of which you and a
councillor are members) and for instigating unrest by
propagating mis-information?
MCD has repeatedly clarified that its drive is against
constructions without building permits or in deviation
from sanctioned plans for which 18217 notices have
been issued and surveys are underway of other
violations for action by due process. Ms Dikshit,
however, is stoutly insisting it is against commercial
misuse, hapless citizens, etc, and leading loyalists,
detractors, rivals and bhagidaars (and thence media)
in snowballing obfuscation to make irrelevant
mischievous demands for MCD to approach court, MLAs to
object to Master Plan 2021, central government to
implement it, etc. Ms Dikshit relentlessly laments
(and is hence aware) that land/building regulation and
law and order are beyond jurisdiction of her
Government. She has been openly abusing her authority
to interfere in central government functions and
foment public protest not only against the drive but
also against judicial and statutory processes. Yet no
action has been taken against her even as the law and
order situation has been reviewed by Home Ministry.
2. Is MCD going to include in list of those indulging
unauthorised constructions flouting building
regulations also your predecessor and others indulging
in unauthorised construction of a framework to
substitute building regulations?
On 19.12.05 press reported that MCD has identified
about 900 officials indulging unauthorised
constructions and also that Mr Rakesh Mehta has said
at a high level meeting that the byelaw-reform (MCD
Act Amendment Bill) in which he/MCD has been indulging
since 2003 ensued from some oral orders and 1 crore
from USAID. As you are aware, this unauthorised Bill
violates Constitutional provisions for Statehood and
Decentralisation to propose a regime of practically
self-sanctioned building construction (and even
building use, which is regulated by DDA, not MCD Act)
and empowers MCD to act (practically without notice)
against violations of byelaws, ie, it divests MCD of
responsibility to ensure conformity of building permit
with building byelaws and, thereby, divests (self)
sanctioned building plans of all sanctity. This is the
scenario that Ms Dikshit is falsely construing for the
ongoing drive to feign distress, even as her cabinet
has approved (without jurisdiction) in October the
unauthorised Bill to legislate it.
3. Can MCD request the Registrar to help counter
ongoing anti-Court propaganda with action against
unauthorised constructions in Delhi High Court
premises?
An impression is being created that the court has
passed unreasonable directions that no one can do
anything about, as if the court has executed some coup
in the capital. I have not seen the order of 14.12.05
but it is obvious, from your efforts, that it allows
lawful compliance, like did other orders that were
misused to circumvent procedures (as in drives against
Pushta slums and industries in 2004) while Ms Dikshit
made political remarks about courts. It would be
undignified for courts to take note of anti-court
politics, but in the instant matter perhaps dignity of
the court calls for it to respond - by responding to
your request to all to dismantle their unauthorised
constructions (Delhi High Court has a structure for
issuing passes on right-of-way outside north boundary
wall, additions in east set back, etc). In the same
spirit, MCD might also want to consider action against
Sahara Restaurant & Bar for which CBI caught also a
sitting judge of Delhi High Court in the DDA scam of
2003.
4. Can MCD initiate, in view of order of 14.12.05,
exemplary demolition without notice of buildings
constructed without building permit in disregard of
Court orders / notice?
The court reportedly directed also that no further
notices are required. I thank you for not reading in
that either bar from issuing or excuse for not issuing
notices as per law. I can think of only a few
unauthorised constructions that might be fit cases for
demolition without notice (and which also explain Ms
Dikshit's keenness to divert attention from building
permit violations). DDA counter-affidavits in PIL of
2003 reveal Delhi Government's Kisaan Haat at Andheria
Morh and (under construction) Institute of Liver &
Biliary Sciences amidst pay-and-misuse farmhouses are
unauthorisedly built in pendency of the case in which
it has not filed reply on court notice. Ms Dikshit
graced functions at both these, like she did
inauguration of commercial IT Park built on the
riverbed - in disregard of court orders against all
unauthorised riverbed structures - without building
permit (as revealed in other counter-affidavits in a
writ petition in which Delhi Government has not
replied on court notice). An example of commercial
misuse, which Ms Dikshit started making out is
targeted in the present drive, is Bhagidaari
prize-winning market unauthorisedly built across the
street from a vacant planned commercial site in Vasant
Kunj to which other local shops have been seeking
relocation since 2001. Delhi Government has not
replied to court notice, CVC reference,
representations forwarded by President's Secretariat,
etc, in their matter and on the site has lately
started construction (presumably unauthorised, as it
was not mentioned in affidavit filed by DDA Vice
Chairman in May in another matter pending in Delhi
High Court) of one Sun-City Mall.
These and such are not really questions hoping for
answers, but hope asking if it might rise. I wish you
well for providing cause to ask and apologize for what
you are stuck with in lieu of the welcome due to a new
municipal commissioner from a city that claims to be
best-practice in participatory great governance.
Gita Dewan Verma, Planner
__________________________________
Yahoo! for Good - Make a difference this year.
http://brand.yahoo.com/cybergivingweek2005/