Sarbajit Roy: DMP2021 reply

Sarbajit's DMP2021 draft Objections / Suggestions

I similarly submitted my objections / suggestions ("O/S") to the draft NCR Plan 2021. There were about 70 such O/S to NCR Plan Draft, the bulk of which I am very reliably informed were frivolous. I was also given to understand that my particular O/S was considered quite seriously, despite the fact that I dashed it off in about 3 hours on the last day. My NCR O/S was essentially suggestions and very few objections.

Since DMP2021 concerns my "quality of life" intimately, I intend to file a detailed, serious and well drafted O/S which I intend DDA / MoUD to consider equally seriously. All too often it would appear, DDA / MoUD treat the Public Notice process as a routine formality that can be glossed over while they get down to their serious business of pandering to vested interests. I shall certainly use this Public Notice process to put DDA / MouD on notice, that as concerned and well informed citizens of India, the Fundamental Rights granted to us under the Constitution cannot be trifled with by any authority of State. To this end, I intend to submit short / topical and well grounded O/S to this Public Notice process. (unlike Planning Experts, I have never bothered to read the Master Plan and dont consider the Plan to be a work of art, or it to be THE document which grants entitlements, I have a stolid workmanlike approach to these things, and I believe our Constitution is more than sufficient for giving you and me all our entitlements)

If you want your O/S to be similarly considered, please be brief, factual and clearly list your Objections and Suggestions.

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{DRAFT}
To:
The Principal Secretary and Commissioner
DDA,


Sir,

Please find below my Objections and Suggestions to the Draft Master Plan for Delhi 2021 vide your Public Notice of April 08 2005.

PRELIMINARY OBJECTIONS:

1)

2)

3)

CHAPTER WISE OBJECTIONS AND SUGGESTIONS

Chapter 1 :
Chapter 2 :
Chapter 3 :
Chapter 4 :
Chapter 5 :
Chapter 6 :
Chapter 7 :
Chapter 8 :
Chapter 9 :
Chapter 10 :
Chapter 11 :
Chapter 12 :
Chapter 13 :
Chapter 14 :

Chapter 15 : MIXED LAND USE

OBJECTION NO. ???? :- I object to the entire concept of "Mixed Land Use" on principle. I submit that no non-residential activities whatsoever be allowed in areas designated as "residential" in the Land Use Plan(s). Furthermore I submit that it is evident from para 15.1 of the Draft that so-called Mixed Land Use causes great nuisance and hardship for law abiding residents of planned residential areas and affects their Fundamental. Rights including Right to Life. Furthermore Mixed Land Use evidently represents and symbolises a complete failure of planning or alternatively a failure of enforcement of the Laws of the land, this cannot be tolerated and patent illegalites and violations of Law cannot be now sought to be regularised through the back door of the Master Plan. I submit that allowing Mixed Land Use in any form will engender a lack of respect for the laws of India. I submit that the entire chapter on Mixed Land Use be deleted from the Master Plan.

Alternatively and without prejudice to my above submission I say,

OBJECTION NO ???:- I dispute the statement in para 15.1 of the Draft that Mixed Land Use "suits the present socio-economic needs of a large section of the society and reduces the transportation needs and traffic movement considerably". To the contrary I say that such use only benefits law breakers who are misusing relatively cheaper residential lands for more expensive commercial or industrial purposes and causing considerable traffic problems primarily associated with parking and traffic congestion. I submit that having properly designated commercial and industrial areas with wide roads in reasonably close and well buffered areas close to the residential areas will be equally effacious in serving the socio-economic needs of society as well as regulating traffic movement. In any case I submit that Mixed Land Use is absolutely detrimental to any planned development of Delhi and is thus vires of section 8(3) of the DDA ACT 1956. I submit that any or all references in the Plan to the effect that Mixed Land Use is positive or beneficial be deleted entirely.

OBJECTION NO ???:- I object to the phrase in para 15.1 "In view of the above the following approach is suggested: -" I say "is not the Master Plan of Delhi a statutory legislation and a law of the land?" I submit that this impugned phrase must be deleted from the Plan.

OBJECTION NO ???:- I object to all forms of granting of permissions for "Mixed Land Use" as contained in sub para 15.1 as follows "Non-residential activity on residential premises should be permitted selectively and carefully taking into consideration community needs, environmental impact and provision for safe and easy traffic circulation and adequate parking." On the contrary I say that permitting any discretionary or "case to case" or "selective" MLU is Unconstitutional, arbitrary, unreasonable and high-handed. Furthermore the benificiaries of the MLU process are DDA and the MoUD, and this will unleash waves of "inspector raj" and corruption which these agencies are notorious for. Furthermore there is no enforcement mechanism or any grievance redressal machinery within DDA to handle complaints of residents pertaining to "community needs, environmental impact and provision for safe and easy traffic circulation and adequate parking." I submit that all references to "permission(s)" for Mixed Land Use in any form or manner be deleted from the Plan, including the impugned portions set out in this Objection.

OBJECTION NO ???:- I object to the following sub para in 15.1 of the Draft.
"2) In case of new developments, planned mixed residential and non-residential activity should be introduced right at the time of the preparation of the layout plans along with the planning of Commercial Centres for which appropriate provision of parking, circulation and services be kept in view. Norms for parking and commercial use on different floors be specified." I say that this para is most poorly drafted and makes no logical sense. Furthermore, why does not the Master Plan include a new category called "Mixed Land Use" where all sorts of commercial, industrial and lal-dora activities like diary farming etc can be permitted? I submit that by "regularising" misuse of all sorts of non-residential activities within planned residential areas, the Master Plan will be patently vires of numerous laws inclusing the Constitution. I submit that this impugned sub para be deleted from the Plan entirely.

OBJECTION NO ???:- I object to the following phrase under 15.1 of the Draft "3) Notified provisions made in the earlier plan may be continued within the overall framework of the approved plan. I say that any previous provisions concerning change of land use may be vires of various Indian Laws and be liable to be challenged appropriately, hence the Plan cannot be used to regularise any past misdeeds on part of the Authority. I say that all misuse of Planned Land Use must be demolished / prosecuted as provided for in the DDA Act. I submit that this impugned phrase be deleted entirely from the Plan to address my concerns.

OBJECTION NO ???:- I object to the phrase "Mixed use may be permitted on residential plot facing streets/road of minimum 18.0 mts. ROW in regular residential plotted development with the prescribed development norms, such streets should be notified and given wide publicity." I submit that this impugned phrase be deleted entirely from the Plan to address my concerns.

OBJECTION NO ???:- I object to the phrase "Bungalow Areas of Lutyens’ Delhi and Civil Lines, government housing, institutional / staff housing and areas of heritage and national importance shall not be covered under the Mixed use Policy." I submit that this impugned phrase be deleted entirely from the Plan to address my concerns.

OBJECTION NO ???:- I

OBJECTION NO ???:- I

OBJECTION NO ???:- I




Chapter 16 :
Chapter 17 :
Chapter 18 :