To
Commissioner cum Secretary,
Delhi Development Authority,
B-Block, Vikas Sadan,
New Delhi-110023.
e-mail: commrcumsecretary@dda.org.in
Sub: Reference your advertisement in TOI/HT dated 26-05-2018 inviting Suggestions for ‘Master
Plan Section’. (CC; LSC & CSC) and Non Conforming Areas
PREAMBLE: The Proposed Amendments / Modifications in DDA’s Public Notice dated 26-05-2018
are the same as in their previous Public Notice of February 2018.
We expected that after Five Months of SC Hearings and umpteen oral and recorded Observations of
the Hon’ble Judges, DDA will factor in the issues that have been flagged therein. DDA has not
included even those Points that they had promised in their Affidavit to the Hon’ble Court.
STARTING A BUSINESS OR A BUILDING - There Should be a Single Window Clearance, all
documents to be deposited in one place and the file after all approvals be collected from the same
window, so that the OFFICE/OFFICER INCHARGE CLEARING/HANDING OVER THE FILE ENSURES THAT
ALL CLEARANCES ARE IN PLACE to fix Accountability.
Dear Sir,
Commercialisation of Residential Colony is a SECURITY & ENVIRONMENTAL NIGHTMARE, not to
mention its impact on SOCIAL FABRIC. The Monitoring Committee in its wisdom has started sealing
the Markets, IGNORING THE REAL MENACE, Commercial Establishments on so called NOTIFIED CITY
STREETS, without a Scientific Survey.
Delhi has become a nonstop Urban Jungle in Seismic Zone IV with INTERMINGLING HABITAT & LIVELIHOOD and unplanned Rickety Structures. Everything that Ails Delhi Today is the result of a
flawed MPD-2021 ...... Smog, Crime, Parking, Traffic Jams, Untreated Sewage, Water Logging,
Encroachments, Overloaded Public Transport & Hospitals, Lack of School & College Seats etc.
Dutifully DDA mentions the MC Mehta vs Union of India {WP(C) No.4677/1985} case, seemingly
without reading the Judgment dated 16-02-2006 (henceforth referred to as ‘The Judgment’). We
reproduce a few extracts for you to decide whether DDA has understood a word of the stated
purpose of the said Judgment.
“.......Keeping future needs in view, experts prepare Master Plans. Perusal of the Delhi Master Plan,
1962 and 2001 shows what were plan projections. At the time of planning, the experts in the field of
town planning, take into account various aspects, such as, healthy living, environment, lung space
need, land use intensity, areas where the residential houses to be built and where the commercial
buildings to be located, need of household industries etc. Provision for household industries in
residential areas does not mean converting residential houses in the commercial shops. It only means
permitting activities of household industry in a part of a residential property. It does not mean that
residential properties can be used for commercial and trading activities and sale and purchase of
goods. Master Plan contemplates shops in District Centres, Community Centres, Local Shopping
Centres etc. and not in residential areas. Be that as it may, for the present, we are not considering the
cases of small shops opened in residential houses for catering to day-to-day basic needs, but are
considering large-scale conversion, in flagrant violation of laws, of residential premises for
commercial use......”
“.....Now, we revert to the task of implementation. Despite its difficulty, this Court cannot remain a
mute spectator when the violations also affect the environment and healthy living of law-abiders. The
enormity of the problem which, to a great extent, is the doing of the authorities themselves, does not
mean that a beginning should not be made to set things right. If the entire misuser cannot be stopped
at one point of time because of its extensive nature, then it has to be stopped in a phased manner,
beginning with major violators. There has to be a will to do it. We have hereinbefore noted in brief,
the orders made in the last so many years but it seems, the same has had no effect on the authorities.
The things cannot be permitted to go on in this manner forever. On one hand, various laws are
enacted, master plans are prepared by expert planners, provision is made in the plans also to tackle
the problem of existing unauthorised constructions and misusers and, on the other hand, such illegal
activities go on unabated openly under the gaze of everyone, without having any respect and regard
for law and other citizens.......”
......MEANING MISUSE OF RESIDENTIAL SPACES will be phased out and prioritise as to which violations
will be taken up first. DDA THROUGH ITS PUBLIC NOTICE IS DOING THE EXACT OPPOSITE OF WHAT
SUPREME COURT EXPECTS AND IS TRYING TO LEGALISE MISUSE IN A PHASED MANNER.......
MOREOVER THERE IS NOT A WORD MENTIONED ABOUT THE CRITICAL ISSUE OF ENVIRONMENT
WHICH FORMS THE VERY SOUL OF MC MEHTA’S PETITON.