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Sarbajit's Industry Objections (Part-2)
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.6.2 REDEVELOPMENT OF UNPLANNED INDUSTRIALISED AREAS Besides the planned industrial areas, in the MPD-2001, the following areas of industrial concentration had been identified for redevelopment as industrial areas: i) Anand Parbat Industrial Area; ii) Shahdara Industrial Area; iii) Samai Pur Badli Industrial Area. The redevelopment process as envisaged has, however, not materialised due to non preparation of redevelopment plans, which would necessarily involve widening of roads, laying of services, development of open space and parking etc. On the other hand, a number of other residential areas / non conforming areas have witnessed uncontrolled growth of industrial concentration, despite the pointers and recommendations made in this regard in the MPD- 2001. Both these aspects could reflect deficiencies in the process of planning or planned, developed and / or the unwillingness of the concerned persons / promoters to abide by the law and make any real or perceived sacrifices in the interest of planned development. In practical terms, these areas are deficient in terms of services and endanger the environment. The redevelopment of such areas needs to be based on clearly defined parameters in terms of the types of industries which may be permitted, spatial planning norms and environment related conditionalities regarding the provision of essential infrastructure with the participation of the owners / entrepreneur in a systematic manner.
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies are being sought to be covered up and regularised through back door. This is objectionable and hence this text needs to deleted from the MPD-2021. This paragraph is clear proof of the failure of Plan process. Redevlopement of existing industrial areas is a waste of time and resources and impractical.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.6.2.1 NORMS FOR REDEVELOPMENT OF CLUSTERS OF INDUSTRIAL CONCENTRATION IN NON CONFORMING AREAS. Keeping in view the existing realities, as well as the imperatives of planned development, the following norms will have to be followed in the redevelopment process. Clusters of industrial concentration in non conforming areas over a minimum area of 4 Ha. contiguous area, having more than 70% plots within the cluster under industrial activity / use may be considered for redevelopment on the basis of actual surveys. The redevelopment scheme will have to be prepared by the concerned land owning Agency / Society (to be formed by the owners) with the approval of the MCD / DDA, subject to statutory Environmental clearances and clearances of other competent Agencies, based on the following norms / conditions:
SUMMARY OF GROUNDS: I say that the impugned text is most arbitrary and high-handed. That furthermore the impugned text has no basis in planning rationale. Any analysis of this text would immediately reveals its gross defects that would render the Master Plan itself meaningless. I again say that there is no place for such arbitrary and discretionary clauses in MPD-2021, and hence this text needs to be reconsidered. Furthermore, there are already substantive provisions in other laws of India concerning such matters, and hence there is no need for MPD-2021 to deprive and restrict the residents of Delhi from the better protections of those laws. I submit that this text needs to be redrafted to address my concerns especially concerning spatial planning aspects and preservation of fundamental rights of residents of Delhi. In addition I say that this impugned text suffers from a bad scientific foundation as the data and assumptions upon which it is based are shaky and from dubious sources. When the Hon'bel Supreme Court itself has said that 70% insitu is unConstitutional why is DDA persisting with this madness. Why 70%, why not 80%, can even a single lawful resident be deprived of his Fundamental Rights by this objectionable text? This continual wilful disobedience of the Apex Court Orders must stop forthwith or be challenged in Courts.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
i) It should have direct approach from a road of at least 18 m ROW.
SUMMARY OF GROUNDS: The scientific data and foundations upon which this inclusion is made, is obsolete and false, and there is no scientific or legal basis for such specific text to be included in MPD-2021. Master Plan is only concerned with laying the guidelines and framework for development of Delhi, and inclusion of specific text of this nature at Master Plan hierarchial level is highly objectionable, as it subverts the hierarchial planning process. What is so unique about 18 metres? why not 50 metres?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
ii) Formation of Society shall be mandatory for preparation of redevelopment plan, pollution control and environmental management, development of services and parking and maintenance.
SUMMARY OF GROUNDS: As a resident of Dwarka Project, directly affected by this text, I object strongly to this clause. It is well known to DDA that there is tremendous pollution and discharge of toxic emissions and hazardous effluents being caused by industries located within Dwarka Project, such as at Bindapur, Indra Park Extn., Dabri, Matiyala, Kakrola, etc. which are affecting lawful residents of planned and developed sectors of DDA within Dwarka. The stringent existing MPD-2001 provisions and the Supreme Court order of 07-May-2005 having failed to stop these numerous toxic industries (especially clay, plastic and scrap processing units) within Dwarka from operating, it would be most apalling if lawful residents of Dwarka are deprived from enjoying their basic fundamental rights. As is well known this state of affairs is because it is admitted fact that DDA has miserably failed to notify the zonal development plans for the Urban Extension Areas, and that successive corrupt planners of DDA have wilfully disobeyed and perjured themselves to the Supreme Court. Any indirect attempts in MPD-2021 to allow polluting industries to operate by affecting residential areas - such as in-situ regularisation - must be deleted from the MPD-2021.The inclusion of this kind of specific text is well outside the mandate of Master Plan, which is a broad policy framework. The inclusion of specific text of this nature into the MPD-2021 leads cause suspicion that vested interests still hold sway over DDA. What is the need for a Society to be formed. Why is the Government shirking its obligations for development. In any case "redevelopment" does not full under mandate of DDA to prepare Master Plan, only "development"is permitted.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
iii) Only non-hazardous and non-noxious industries having clearance from DPCC shall be permitted.
SUMMARY OF GROUNDS: This objectionable text is well covered by other laws of India, and will lead to confusion and overlapping. Hence I say this text needs redrafting or deletion. The inclusion of this kind of specific text is well outside the mandate of Master Plan, which is a broad policy framework. The inclusion of specific text of this nature into the MPD-2021 leads cause suspicion that vested interests still hold sway over DDA. What is the statutory basis for DPCC ?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
iv) Floor area and industrial activity at premise level shall not exceed 200 sqm.
SUMMARY OF GROUNDS: The scientific data and foundations upon which this inclusion is made, is obsolete and false, and there is no scientific or legal basis for such specific text to be included in MPD-2021. Master Plan is only concerned with laying the guidelines and framework for development of Delhi, and inclusion of specific text of this nature at Master Plan hierarchial level is highly objectionable, as it subverts the hierarchial planning process. Limiting Industries to 200m will only result in more industrial slums.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
v) Other stipulations shall include a) Minimum 10% area is to be reserved for circulation / roads /service lanes. b) Plots measuring less than 100 sqm. to have minimum 7.5 mtrs. ROW. c) Plots measuring more than 100 sqm. to have minimum 9.0 mtrs. ROW.
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory and deficient in it's basis for inclusion. Hence I say inclusion of such text is unConstitutional, and needs to be redrafted / deleted in accordance with Constitutional norms. All the figures and percentages in this text are arbitrary and unscientific.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
d) Minimum 10% of semi-permeable surface for parking and loading / unloading areas. e) Common parking to be provided for plots below 60 sqm., whereas for plots above 60 sqm. front set back (min. 3 m) shall be provided without boundary wall for parking and loading and unloading.
SUMMARY OF GROUNDS: The text I have impugned above is clearly designed for political reasons alone, and as such is absolutely against the Constitution and also letter and spirit of the laws of India (passed by Parliament) concerning the planned development of Delhi. Not only is this text contrary to DDA's statutory mandate, but this text seeks to subvert and obfuscate or dilute the better Master Plan provisions already in place. This is regressive and highly objectionable. There is no place for such arbitrary and discriminatory text in MPD-2021 which perpetuates inequities and imbalances in industrial faciities for vast sections of society.Furthermore, this kind of specific text encourages and perpetuates irregular activities beyond infrastructure carrying capacity of Delhi. I say that all the attempts to cover up the past failures of DDA / MoUD for planned development of Delhi by inclusion of such malafide and disastrous text as the text I have impugned, will not work. What is required instead is a new and comprehensive and balanced approach to planned development for Delhi, which corrupt, incompetent and fossilised bodies like DDA cannot concieve of, leave alone deliver upon. I must again submit that this impugned text needs to be completely deleted, or redrafted substantially so as to completely address my concerns. Furtehrmore, All the figures and percentages in this text are arbitrary and unscientific.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
f) Minimum 10% of total areas to be reserved for infrastructure requirements like CETP, Sub- Stations. Pump House, Fire Station, Police post, etc. as per the norms and preparation of: - Plan for water supply from DJB along with requirement for pumping stations, storage tanks, ground water recharging / rainwater harvesting. - Drainage plan as per MCD norms.
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies are being sought to be covered up and regularised through back door. This is objectionable and hence this text needs to deleted from the MPD-2021. Furthermore, All the figures and percentages in this text are arbitrary and unscientific.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
vi) 8% of the cluster area shall be reserved for parks / green buffer.
SUMMARY OF GROUNDS: The inclusion of this kind of specific text is well outside the mandate of Master Plan, which is a broad policy framework. The inclusion of specific text of this nature into the MPD-2021 leads cause suspicion that vested interests still hold sway over DDA. All the figures and percentages in this text are arbitrary and unscientific.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
vii) Other provisions / development control norms etc. shall be as given in Development Code.
SUMMARY OF GROUNDS: Inclusion of specific text such as this concerning permitting industries to continue functioning within or near residential / non-conforming areas without heed to fundamental rights of lawful residents, is against mandate of DDA to prepare Master Plans. I say that the impugned text makes scant logical sense, and needs to be redrafted with considerable care and attention. There does not seem to have been application of mind in its drafting. I submit furthermore that although this text may appear to be routine, it has deep ramifications and the potential to vitiate the planned and orderly development of Delhi. Also, there is no lawful basis for inclusion of this text in Master Plan, since it represents a departure from DDA's mandate and is objectionble. The proposed text distorts and skews development activity and is in conflict with specific provisions of NCR Plans (including draft Plans). I again say that there is no place for such arbitrary and discretionary clauses in MPD-2021, and hence this text needs to be reconsidered. Furthermore, there are already substantive provisions in other laws of India concerning such matters, and hence there is no need for MPD-2021 to deprive and restrict the residents of Delhi from the better protections of those laws. As the sole development authority entrusted with acquisition, development and disposal of land within Delhi, DDA cannot misuse its monopoly in such blatantly unConstitutional fashion, by inclusion of text such as this. Development Code is an infringement of other laws concerning local authorities and will lead to unneccessary confusion and litigation.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
viii) The redevelopment shall be completed within the period that may be specified while approving each proposal. Units in clusters which fail to complete the redevelopment proposals within the period specified as above shall have to close down and / or shift to other conforming industrial areas. In such cases, the licensing authority will not renew / issue the licenses to industrial units without obtaining land use clearance from the competent authority.
SUMMARY OF GROUNDS: It is very clear that a primary purpose of this impugned text is to allow Industries to illegally continue to operate within Delhi, despite Supreme Court orders and Constitutional provisions banning this. I say that the impugned text is most arbitrary and high-handed. That furthermore the impugned text has no basis in planning rationale. Any analysis of this text would immediately reveals its gross defects that would render the Master Plan itself meaningless. I again say that there is no place for such arbitrary and discretionary clauses in MPD-2021, and hence this text needs to be reconsidered. Furthermore, there are already substantive provisions in other laws of India concerning such matters, and hence there is no need for MPD-2021 to deprive and restrict the residents of Delhi from the better protections of those laws. I submit that this text needs to be redrafted to address my concerns especially concerning spatial planning aspects and preservation of fundamental rights of residents of Delhi. In addition I say that this impugned text suffers from a bad scientific foundation as the data and assumptions upon which it is based are shaky and from dubious sources. I strongly object to this entire question of redevelopement. Why doesn't DDA simply acquire such pockets of land and start the excercise afresh rather than going through such a convoluted process?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
ix) The redevelopment work shall be undertaken by the societies of entrepreneurs at their own cost. Requisite charges for change in land use, enhanced FAR and land (wherever applicable) will be required to be paid to the concerned Authority.
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory and deficient in it's basis for inclusion. Hence I say inclusion of such text is unConstitutional, and needs to be redrafted / deleted in accordance with Constitutional norms. This text clearly exposes teh motives (financila profit and corruption) behind inclusion of entire text concerning so-called redevelopment and industries in MPD-2021.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
x) No new licenses will be issued in non-conforming areas, without first obtaining land use clearance.
SUMMARY OF GROUNDS: I object that the impugned text makes a mockery of the planned development of Delhi, and is against the letter and spirit of the DDA Act. Delhi Development Act requires a holistic survey basis for Plan preparation and the statutory Plan requires a holistic monitoring basis for Plan modification. The Draft MPD-2021 admits that there is no holistic monitoring institution /mechanism in place. Furthermore there is nothing in the Draft MPD-2021 to show that inclusion of this particular and specific impugned text has been done after complete and due procedures have been followed. Powers to modify the Plan cannot be misused in this casual fashion.I again say that there is no place for such arbitrary and discretionary clauses in MPD-2021, and hence this text needs to be reconsidered or deleted. Furthermore, there are already substantive provisions in other laws of India concerning such matters, and hence there is no need for MPD-2021 to deprive and restrict the residents of Delhi from the better protections of those laws. When Industries are banned in non-conforming areas by Supreme Court where does question of obtaining licence arise? Furthermore Supreme Court's orders of 7-May-2004 clearly say there is no link between issuance of licences and Master Plan.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
The following areas shall not be eligible for redevelopment scheme: - Bungalow Zones (New Delhi & Civil Lines), the Ridge, River Bed (Zone-O), areas along water bodies, canals, sensitive areas from security point of view, conservation & heritage areas, reserved / protected forests, DDA flats, Cooperative Group Housing Societies, Government flats / bungalows / Employer housing etc. and their immediate proximity.
SUMMARY OF GROUNDS: I say that this objectionable and impugned text violates numerous Fundamental Rights of the populace of Delhi, and as such is highly unConstitutional. I further say that this text is a transparent device to disobey the judicial process and to frustrate the numerous litigations pending against DDA in the Courts. The guidelines illegally published / leaked by DDA concerning this aspect have allowed all sorts of illegal and irregular building, construction and encroachments to take place in anticipation of these particular clauses in Master Plan. Furthermore, there are already substantive provisions in other laws of India concerning like issues and numerous Courts have ruled on these issues, so where is the need for MPD-2021 to deprive and restrict the residents of Delhi from the better protections of other laws? Hence also I say that inclusion of this text or any similar discriminatory text in Master Plan is a fraud on the public (and lawful residents of Delhi) by DDA / MoUD, and is objectionable. As the sole development authority entrusted with acquisition, development and disposal of land within Delhi, DDA cannot misuse its monopoly in such blatantly unConstitutional fashion, by inclusion of text such as this. I submit that this text need to deleted in-toto or altered greatly. Once again I question why posh areas like LBZ, Ridge etc are being protected and the vast majority of Delhi residents are being deprived of their Fundamental rights by such unConstitutional and discriminatory text.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.7 NEW INDUSTRIAL AREAS Out of the 1,30,000 industrial units in Delhi, around 25,000 to 30,000 (Source: DUEIIP Project Report 2001, Govt. of NCTD) are located in planned industrial areas or comprise permissible household industries. It is thus clear that a very sizeable number of industries would need to be relocated either in Delhi or elsewhere in the National Capital Region, even if some areas are identified for redevelopment and regularization. Keeping this in view, development of new industrial areas should be largely planned for the purpose of relocation of existing industries and for the development of a limited type of new industries, which cannot operate in residential and other use zones. The focus of new industrial development should, as a matter of policy, be in the NCR.
SUMMARY OF GROUNDS: I submit that this impugned text is not only against the planned development of Delhi, but also against the letter and spirit of the National Capital Regional Plan (which I consider to be overiding over any Master Plan for Delhi alone. The implications of this impugned and arbitrary text (for special interests)include causing population growth by migration into Delhi (by creating a magnet)even as limitation of growth is by far the most urgent imperative for Delhi. Hence also I find this text to be objectionable. I also find the data and assumptions behind this text to be flawed and suspect. Also when the Draft Regional Plan itself has not been passed / notified (I believe that 16-June-2005 was the date set for meeting of Chief Ministers and Secretaries to do so), I strongly object to inclusion of this impugned text in absence of up-to-date Regional Plan. It is relevant that Draft MPD-2021 itself admits that Master Plan of Delhi is contingent upon Regional Plan. I question how DDA / MoUD have notified Draft MPD-2021 at this time for public notice and 90 days period for objections when the umbrella Regional Plan itself has not been finalised. I question and suspect the motives and bonafides of the persons who are rushing this impugned text through and I say it is essential that the lobby behnd this objectionable text be identified. The true number of industries in delhi at present time is well over 12 million units and not 1.3 million. Furthermore NCR Regional Plan already covers this.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.8 INDUSTRY USE ZONE - GUIDELINES The subdivision of industrial use zone into use premises and subsequent approval of layout plans for industrial estates shall be governed by the following norms: i) The new industrial areas to be developed may have plotted development for individual industrial units. The maximum size of industrial plots in new industrial areas shall be 400 sqm. except in already approved schemes. ii) About 30 to 40% of net industrial area may be used for flatted industry. The minimum size of plot for flatted industry shall be 400 sqm. facing minimum 20 m ROW. iii) The provision of land for the required facilities in industrial areas shall conform to norms given in the following table:
SUMMARY OF GROUNDS: Inclusion of specific text such as this concerning permitting industries to continue functioning within or near residential / non-conforming areas without heed to fundamental rights of lawful residents, is against mandate of DDA to prepare Master Plans. I object that the text I have impugned above is an affront to all planners and professional persons, and thoroughly exposes the DDA (or whoever has drafted this shoddy and discriminatory text) to be incompetent and/or corrupt persons. I further say that this malafide text is at the cost of the public, is against the public interest and is objectionable on Constitutional grounds also. I question the composition / competence of the persons who have drafted this text. Is this impugned text in the public interest ? I say it is NOT! Does this impugned text preserve and protect the numerous Fundamental Rights guaranteed by the Constitution ? Again I must say NO! How then can such questionable text be considered as neccessary for inclusion in the MPD-2021? There is no basis for such half-baked and subversive text pandering to vested interests to be included in MPD-2021. I require and demand to know how this text has found its way into any proposed Plan document, and I hereby put DDA on notice to inform me of the same. I submit that this inequituous impugned text needs to be completely redrafted or deleted altogether, so as to address my concerns. All the figures and percentages in this text are arbitrary and unscientific.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Table 7.2: Norms for Land Distribution in Industrial Areas. S.NO. USE PREMISES Percentage 1. Industrial Plots (Net Area) 55-60
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory and deficient in it's basis for inclusion. Hence I say inclusion of such text is unConstitutional, and needs to be redrafted / deleted in accordance with Constitutional norms.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
2. Recreational: Buffer Zone, Parks, Water Bodies, Green under HT lines, etc. 10-12
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory and deficient in it's basis for inclusion. Hence I say inclusion of such text is unConstitutional, and needs to be redrafted / deleted in accordance with Constitutional norms.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
3. Commercial: Shopping Centre, Petrol Pumps, Guest House/ Budget hotels, Lodging and Boarding, Service and
SUMMARY OF GROUNDS: I fail to understand how has this text can be included in any legislation of India. It is poorly drafted, ambiguous, and is open to misuse. This impugned text while adversely affecting other Plan provisions, is also violative of numerous Judgements of the Hon'ble Supreme Court of India, and will jeopardise the proper planned development of Delhi, whilst legitimising all kinds of illegal and irregular industrial activities. Once again I must question how text such as this keeps finding its way into Plan documents. Are there any special interests being served by inclusion of such anti-public text? I must say YES! Is the inclusion of this specific impugned text as per mandate of DDA as per section 7 of DDA ACT? I must say NO - for I find no supporting basis for inclusion of this obnoxious text in the DDA ACT which permits this.Surely this text is against the proper development of Delhi, and I oppose the inclusion of this text, and all such similarly objectionable text into MPD-2021, which this chapter of Draft MPD-2021 is littered with. There is no place in MPD-2021 for such text by which DDA continues to misuse its monopoly over land in Delhi. What do Shopping Centres, Petrol Pumps and Hotels have to do with industry? Is this text to allow Banquet Halls to continue to function from Industrial Areas?
posted by Superfly at 10:15 AM
1 Comments:
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