I had my court-ordered s.11A hearing today.
I am dazed by the whole situation and took along
written-submissions. The dozen odd men who heard me
were also very quiet.
I am glad the Board had Engineer Member and Finance
Member. I was very touched by the grace of EM starting
by apologizing that my objections had not been
considered, but had to murmur okay-sir-thankyou-but,
being there by grace of court-order in a petition in
which DDA stand on affidavit was very far from
apologetic.
The third Board member was Jt Secy of the MoUD that
had not cared to file reply despite being Respondent 1
as source of the Tehkhand project. I am glad MUD made
exception to sit on the statutory Board for hearing my
objections to, in effect, central govt (in collusion
with state & local govt & civ-soc operators) exceeding
s.41 powers of control to make DDA violate s.6 (object
and the proviso requiring compliance with EPA
notifications), 7 (MPD preparation / phasing), 8 (ZDP
preparation), 15 (land transfer), 21 (land diposal),
etc, through impermissible exercise of s.11A to
systematically undermine the Plan, the Act and the
Authority that comprises mainly of MoUD, MCD & GNCTD.
Since the Bhumiheen Camp court matter fielded by our
purportedly pro-poor munches (in which the court
referred the land ownership claim of MCD to LG) was
mentioned in my objection, I was also able to ask
about the MCD that kept claiming no role in our
petition while making song and dance about its
ownership of the land in question, as reported also
yesterday:
http://www.hindu.com/2006/06/08/stories/2006060822850300.htm
EM confirmed that MCD representatives on the Authority
were present at the Authority meeting that cleared the
Tehkhand pilot-project.
I guess I *won*. I got lawful serious hearing by
right. The circumstances do not leave scope for
reasonable expectation of logical outcome, but the
incidental defiance of the emergency declared by the
Delhi Laws Act for lawlessness does bring some cheer!
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