commrcumsecretary@dda.org.in
Anil Baijal <ltgov@nic.in
Sir
Please refer to the attached Public Notice inviting comments and suggestions on change of land use of Central Vista Area. The proposed changes of the land use is of at least 80 acres (32 hectares) of land currently earmarked in MPD 2021/ZDP Zone D directly or indirectly for the general public through ‘recreational, public, semi-public, parking, bus terminal’ ‘land use’ on account of its proposed amendment to ‘government-office’ ‘land use’.
1. 15 acres of bus terminal/parking/recreational use (Plot No: 1) - proposed Govt Office.
2. 9.5 acres of Recreational (Plot No: 2) - proposed Parliament House.
3. 5.88 acres of public and semi-public facilities (plot No: 3) - proposed Govt Offices
4. 22.82 acres of public and semi-public facilities (Plot No: 4) – proposed Govt Offices
5. 4.5 acres of public and semi-public facilities (Plot no: 5) – proposed Govt Offices
6. 22.82 acres of public and semi-public facilities (Plot No: 6) – proposed Govt Offices
In terms of Recreational Space alone the loss in plots 1, 2 & 7 is approx 20 Acre while the addition is only 3.76 Acres in Plots 4 & 6.
Further, the notice provides no details of compensatory allocation of land to recreational/public/semi-public land use for which reason it is surmised that no such provision is made.
The proposed changes are militating against the Master Plan 2021 - Para 8 itself that clearly spells out that
8.1 DECENTRALIZATION OF OFFICES
As per NCR Plan, no new Central Government and Public Sector Undertaking offices should be located in NCTD. However, the issue of shifting existing Government / PSU offices from Delhi as well as restricting the setting up of new offices would only be possible after a time bound action plan is prepared together with suitable incentives and disincentives.
It is a matter of record that the DDA as per section 7 of the DDA Act, 1957 is under obligation to conduct Civic Survey and also is barred by section 11(A)(1) from changing land use where there is load on infrastructure and increase in population density.
It may be worthwhile to place on record that DDA is habitual of changing Master Plan in violation of all the laws of the land and is hell bent on killing the Capital City of Delhi.
Consequently, we had no option but to seek judicial intervention with regard to the following projects :
1. 7 GPRA Colonies - OA No.410 of 2018 before Hon'ble National Green Tribunal that has been adjourned in view of parallel proceedings going on before Hon'ble HIgh Court of Delhi in W P (C) No. 6680 of 2018 where order has been reserved. Once order is pronounced we shall approach Hon'ble National Green Tribunal for resumption of hearing;
2. We have filed detailed objections to the Transit Oriented Development Plan as DDA has informed us that Civic Study has not been carried out by DDA in any of the areas under section 7 of the DDA Act.
3. We have also filed objections on change of land use of Ayur Nagar & Ansari Nagar before MOEF & CC on proposal to redevelop the area and will be seeking judicial intervention at appropriate times.
4. Similarly change of land use of a Park for construction of Office of SDMc is also subject matter of challenge in Writ Petition No. 11687/2018 before Hon'ble High Court of Delhi where DDA is yet to file Counter Affidavit despite having sought for time of four weeks, that has expired long ago.
It is also a matter of record that the present proposal also militates against the intent & spirit of the National Capital Region importance and purpose of which has been time and again reiterated by Hon'ble Supreme Court, that was incorporated as Para 8 in the Master Plan 2021 stated above.
The relevant text of the judgment is reproduced as under:-
M.C. Mehta vs Union Of India & Ors on 8 July, 1996 1996 SCC (4) 750, JT 1996 (6) 129
The National Capital Region constituted under the Capital Region Act includes the union territory of Delhi and parts of the States of Haryana, Rajasthan and Uttar Pradesh. Under the Regional Plan, three policy zones have been identified. Apart from union territory Delhi (Delhi) the "ring towns" namely, Faridabad, Ballabgarh, Gurgaon, Bahadurgarh and Ghaziabad came to be known as Delhi Metropolitan Area (DMA) with Delhi as the core. The Delhi and the DMA are identified as two distinct zones. The area beyond the DMA upto the National Capital Region (NCR) boundary which is predominantly rural stands out as the third zone distinctly different from the other two. It would be useful to quote the relevant part of para 2.1 of the Regional Plan:
"The prime objective of the Regional Plan is to contain Delhi's population size within manageable limits at least by the turn of the Century. As a strategy, after evaluating various alternative scenarios for development, it has been realised and recognised that, in order to save Delhi from population explosion, it is necessary to moderate the growth in the areas around it.............. The preliminary studies clearly concluded that economic activities with potential for large scale employment should necessarily be located outside the DMA, preferably at a distance which discourages daily interaction with Delhi. Thus, on the basis of these criteria, the zones which came out distinctly are Delhi UT, the DMA excluding Delhi UT and, the area beyond DMA within NCR, for effective application of the policies and implementation of proposals with a view to achieve a manageable Delhi and an harmoniously developed Region."
Delhi is recording heavy population growth since 1951. As the city grows, its problems of land, housing, transportation and management of essential infrastructure like water supply and sewage have become more acute. Delhi is one of the most polluted cities in the world. The quality of ambient air is so hazardous that lung and respiratory diseases are on the increase. The city has become a vast and unmanageable conglomeration of commercial, industrial, unauthorised colonies, resettlement colonies and unplanned housing. There is total lack of open spaces and green areas. Once beautiful city, Delhi now presents a chaotic picture. The only way to relieve the capital city from the huge additional burden and pressures, is to deconcentrate the population, industries and economic activities in the city and relocate the same in various priority towns in the NCR.
Therefore, in this background we strongly object to the proposed changes as the Capital City of Delhi has to be developed as one contiguous city though divided into Zones because each zone is interconnected and interwoven and hence cannot be treated as separate island for development or redevelopment. The adverse impact of each zone is bound to cause a ripple effect on other zones too as is happening today.
We also reserve or rights to add amend, delete or modify our suggestions, objections at the time of public hearing as and when takes place and we are also invited to present our views.