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[mpisgmedia] RTI requests...(urgent) re VK Malls / starred question in Parliament


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+  From: Gita Dewan Verma <mpisgplanner@xxxxxxxxx>
+  Date: Sun, 27 Nov 2005 12:17:03 -0800 (PST)
Ms Neemo Dhar
Director (P.R./P.G.), DDA

Dear Ms Dhar,

1. Please refer to my requests under RTI Act, at:
http://mail.architexturez.net/+/MPISG-Media/archive/msg00697.shtml
In context of the same, I request that all
misinformation about Vasant Kunj Malls, etc, be
cleared in the reply that DDA is reportedly preparing
to a starred question in Parliament (please see news
report at end of message).

2. There have been several perplexing reports about
the 315 Ha scheme for so-called Aravali Biodiversity
Park and Malls, etc, and the present one alleges:
(a) that recycled water meant for parks is being
diverted for the Malls (while DDA has said in WP
8523/2003 that wastewater is going to Aravali
Biodiversity Park and even as reputed international
developers are building the Malls, since August 2004
on sites purchased for 1100 cr in December 2003 and
not yet serviced by DJB, with pre-mix also because of
reservations about local water quality); and
(b) that DDA is laying a pipeline for recycled water,
taking *advantage* of inaction of DJB / rejection of
wastewater plan made without jurisdiction by MCD,
(even as DJB/MCD inaction/plans arise from bhagidaari
demands including for illegal projects with illegal
boring justified at formulation stage on basis of
implausible DJB assurances, such as cited by DDA in
affidavits in WP 4978/2002 and WP 8523/2003).
These odd allegations are levelled on behalf of
residents, but their NGO/RWA sources were revealed in
a report in last edition of same local tabloid
(distributed free throughout the area), which, along
with points of information then brought to the
attention of the editor/publisher/owner, is at:
http://mail.architexturez.net/+/MPISG-Media/archive/msg00693.shtml

3. PoI referred above arise from pending court and
Public Notice proceedings to which thousands of area
residents are party. Adequate reference to them is
warranted in DDA reply for Parliament not only because
misinformation is vitiating sanctity of these lawful
processes for public participation as well as climate
for responsible private participation but also
because:
* these matters (in support of Master Plan
implementation and, thereby, DDA) were brought to the
attention of Parliamentary Standing Committee (vide
note submitted at its DDA-arranged visit on 05.01.05),
which asked DDA to submit a report on a related park
site (after depositions on 31.05.05 of area residents
Mrs Prabha Chand and Mrs Minoo Varma on their
memoranda of 2003 to the Committee) and specifically
mentions in its report Sultangarhi judgment of
16.09.02 from which (and 1700 objections by area
residents in response to Public Notice precipitated by
that PIL) these pending matters partly arise
* NGO/RWA campaign against Malls and DDA relies on NGO
PIL of 1996-97 against unplanned hotels on 223 Ha,
used to not only moot for that site what is now
Aravali Biodiversity Park but also to release
adjoining 92 Ha (including site of Malls) from the
Plan, and further litigation in 2003-04 based on it
(including PIL by a former MP against the Malls,
dismissed by High Court and Supreme Court, and NGO
petition for Biodiversity Park to CEC), all unmindful
of laws of Parliament, viz, DD Act (F-Zone Plan of
1998), EPA (CGWA notification of 1999 and EIA
notification of 2004) and Biodiversity Act, 2002.

4. In particular, I request that the following be
included in reply reportedly being prepared by DDA:
(a)
Summary of contentions about the site of all parties
in the following matters in court, now reached stage
of final arguments:
* WP 8523/2003 in which then proposed auction for
Malls was challenged along with several other Plan
violating schemes then proposed / starting.
* related matters mentioned therein, viz, WP 6980/2002
(re disposal of commercial sites) and WP 5007 &
5009/2002 (re misuse of housing sites)
(b)
Summary of contentions about the site or above matters
relating to it in objections/suggestions filed in
response to s.11A Public Notices since the auction
(eg, for commercial IT Park on riverbed, commercial
complex in Mahipalpur Hauz, tenements in Tughlakabad
District Park, draft MPD-2021).
(c)
Details of Sultangarhi scheme, including report of
Board of Enquiry & Hearing on 1700 objections, report
of inquiry that judgment of 16.09.02 required of DDA
Chairman to prevent identical illegalities, prior
replies to PArliament about mega-housing, reports of
CVC and CAG, notification by MoUD in pendency of WP
8523/2003, construction by AlCon, NGO/RWA demands for
the scheme (including before Standing Committee), etc.

(d)
Facts relating to NGOs/RWAs campaigning against the
Malls and DDA, eg:
* NGO PIL of 1996-97 and litigation of 2003-04 based
on it, including stands of authorities and outcomes in
favour of the Malls
* RWA participation in foundation stone laying of
Malls and Park scheme arranged by DDA in early 2004
and the matter on which Standing Committee directed
report
* DJB assurances for Malls as well as for
(bhagidari-demand) Sultangarhi and Delhi Government
projects that are underway with illegal boring
* Details of any objection raised by any due process
by NGOs/RWAs against the Malls prior to auction /
start of construction
* Details of any objection ever raised by NGOs/RWAs on
similar grounds against government projects with no
third party interests in the area
* Details of any request made by NGOs/RWAs in respect
of the 315 Ha site with reference to EIA notification
or under RTI Act.

5. As planner advising area residents engaging by due
processes I also have custody of most of the above
information and in case DDA requires any assistance in
collating it for, or if it is for any reason unable to
include it in, the reply being prepared for starred
question in Parliament about Vasant Kunj Malls, please
do let me know. (While I have acute discomfort about
implications of s.6 of RTI Act for unhealthy politics
of information, I am very keen to support disclosures
/ clearing of mis-information in spirit of s.4,
especially to Parliament, also because replies to
Parliament are published on websites).

The news report says DDA reply is being prepared in
Vasant Kunj office, but counter-affidavits in WP
8523/2003 (on behalf of the Authority, for which you
are PIO) have been deposed from its other offices. I
am copying this mail to those as well as to office of
Director MPPR and also to Commissioner (Planning) who
was present at depositions before Standing Committee
(I am afraid I do not know the other DDA officials who
were present) and Mr BN Singh who I understand is
nodal officer for RTI in DDA.

Thanking you and looking forward to hearing from you
at the earliest.

Yours sincerely
Gita Dewan Verma, Planner

cc:
as above and mpisg and vasantkunj eml groups

===text of news report under reference===

NEWS OF THE WEEK November 26, 2005 - December 02, 2005

Vasant Kunj parks to remain dry, and recycled water
heads for Mall, courtesy DDA

Dipak Kumar Dash

For years it is not just residents but even the plants
and grass in Vasant Kunj parks are dying because of
lack of adequate water supply. Concerned residents had
taken up the issue of bringing recycled wastewater to
colony parks to make them green and this was taken up,
as the Horticulture Department of Municipal
Corporation of Delhi (MCD) always cited the lack of
water as cause of dying parks. Though the matter was
taken up at highest level, the inaction of Delhi Jal
Board (DJB) has given an advantage for the DDA to lay
pipeline for supplying recycled water to the upcoming
mall.

This came to limelight when this week residents came
to know of the work being undertaken to lay the
pipelines and that the tender was already awarded.
Though initiatlly they thought that pipeline laid was
meant for diverting drinking water, later it was found
that the pipelines were laid for the wastewater from
Nuclear Science Centre on Aruna Asaf Ali Road to
pocket C-2.

It's worth mentioning that once residents took up the
matter to supply recycled water for colony parks, the
MCD prepared a plan and it was produced before the Lt.
Governor. But sources say that the LG categorically
remarked that the MCD could place its demand but could
not place the plan, as the wastewater management was
under the jurisdiction of the Delhi Jal Board.

Meanwhile, the DJB did not present any such plan in
spite of residents demand. As a result the DDA found
enough time to prepare and produce the plan for the
proper utilization of the wastewater generated from
the residential colony.
Considering the fact that the water supply line can't
be stopped once the plan has been approved, residents
have demanded that the recycled water coming from
Nuclear Science Centre must at least supply water to
the parks falling in its route. Responding to the
issue local MLA Vijay Singh Lochav said that he would
take up the matter with the authorities so that the
colony parks get their due chare of water.

Meanwhile, in another interesting development, the DDA
office in Vasant Kunj has started working to prepare
the reply with regard to upcoming mall in the
Parliament. The starred question has reached the DDA
office to find a proper and detailed reply.





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