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Sarbajit's Industry Objections (Part-3)
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Repair shops, Communication/ Telephone Exchange, etc. 2-3
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 kind of specific text is included without application of mind, has no scientific basis, and infringes upon the Fundamental Right under Article 19 of citizens (especially technocrats, and industrialists to carry out their business and profession in proximity to their homes. There are several relevant Judgements of Supreme Court concerning this which seem to have been deliberately ignored by DDA.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
4. Facilities Public and Semi-Public: Fire Station, police Station, Hospitals, Dispensary, Dharamshala, Night Shelter, Day Care Centre, etc. Utilities: Electric Sub-Station, CETPs, Pumping Stations, Underground Reservoirs/ Fire Fighting Tanks and other utilities, etc. 8-10
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. Dharamshalas and Night shelters in Industrial Areas? Whoever drafted this is either corrupt or intoxicated at the time.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
5. Transportation: Circulation, Loading/Unloading Area, Parking, ideal truck Parking, Goods Vehicle Parking etc. 18-20 Total 100
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:-
iv) All new Industrial Estates shall have approach from a road of at least 30 m 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.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
v) Plots measuring less than 100 sqm. and plots measuring more than 100 sqm. shall be facing road width of 9 m ROW and 12 m ROW respectively.
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:-
vi) Individual industrial plots facing main peripheral roads shall have access from dedicated service road after leaving green buffer.
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.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
vii) The listed water bodies and / or any water bodies above 4000 sqm. size are mandatory to be systematically included in the landscape plan.
SUMMARY OF GROUNDS: 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. What is a landscape plan ? and why does MPD-2021 contain reference to landscape plans?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
viii) Minimum 10m wide green buffer shall be provided along peripheral / access roads in the industrial areas.
SUMMARY OF GROUNDS: Since I, my family, my neighbours and numerous other residents of Dwarka Project are being similarly harmed and nuisanced by illegal / irregular development activities which are encouraged and abetted by MPD clauses like the above I take strong objection to inclusion of this kind of text in MPD-2021. It is relevant to specify that I had duly filed my objections to in-situ regularisation to the public notice of nodal Ministry of Urban Development - who have not seen fit to consider any objections and have merely acted as a Post Office. I hence say that I have thus far been deprived of my Fundamental Rights and effacious statutory remedies. I say that likewise this Chapter on industrial activity is littered with horrible clauses to slyly allow industry to function within Delhi such as by spot-zoning and irregular Change of Land Use, which are now sought to be legitmised post facto. The Information Technology Park at Shastri Park Metro being an excellent example of this tactic of DDA which will be used against Dwarka residents where the MRTS is widepread.This kind of specific text is included without application of mind, has no scientific basis, and infringes upon the Fundamental Right under Article 19 of citizens (especially technocrats, and industrialists to carry out their business and profession in proximity to their homes. There are several relevant Judgements of Supreme Court concerning this which seem to have been deliberately ignored by DDA. All the figures and percentages in this text are arbitrary and unscientific. 10 m is to small it must be at least 1000 metres buffer zone as Bhopal gas disaster has shown us.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
ix) The provision of rainwater harvesting as an integral part of the landscape and storm water drainage plan at the time of sanction of layout plan shall be prepared.
SUMMARY OF GROUNDS: I am aggrieved by this anti-Delhi and discriminatory impugned text, and I hereby put DDA on NOTICE that I shall certainly challenge the vires of this pathetic drafting on the touchstone of the Constitution of India. This text is but another example of DDA's high-handed tendency to misuse procedural powers in pursuit of unplanned industrial development, rather than judiciously excercising its responsibility of Plan implementation in furtherance of the purpose for which DDA was set up. I say again that this impugned text is but another small example of DDA's illegal practice of legitimising its past misdeeds and failures. Text of this specific nature would not otherwise be included in any Plan document, except to cover up and legitimise past illegalities or favour special interests. I say that my study of the Constitution and Judgements of the Supreme Court concerning like industrial matters, causes me to oppose the inclusion of this impugned text as it stands into MPD-2021. 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. Such matters have already been contemplated / covered in the Regional Plan, hence there is no need for MPD-2021 to contain text of such nature. Hence also, I again hereby give NOTICE to DDA, to delete this text entirely, or alter it substantially as I find this text to be objectionable.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
x) The provision of minimum 30% ofsemi-permeable surface in all parking and loading/ unloading areas.
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:-
xi) Grease traps should be provided near automobile washing together withadequate parking area.
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. What does grease traps have to do with Master Plan. It seems that some junior steno of DDA has cobbled together some cyclostyled sheets and inserted such poor text into Master Plan. With the eyes of the world upon Delhi for CommonWealth Games, such poor text exposes why DDA is so poor in Urban planning by International standards.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
xii) New Industrial Areas should be located preferably as an integral part of Facility Corridor along major arterial roads. Major infrastructure network like CNG, LPG, oil, optical fibre, electricity, etc. to be made available along this corridor through underground pipelines.
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. The Supreme Court has objected to new Industrial Areas in Delhi. This is another example of the junior stenos of DDA and Industries Dept of Govt NCTD who have drafted this Master Plan.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
xiii) Optimum utilisation of industrial area along MRTS should be made by way of development of flatted factories complexes.
SUMMARY OF GROUNDS: Certainly, there is no objection to industries running lawfully, but poorly drafted and random text such as I have impugned, must not find its way into MPD-2021. Little attention has been paid to the issue of diversion of scarce physical / natural resources and utilities which are being diverted to industries at cost of residents of Delhi.I say that this impugned text is drafted without due application of mind and without care to the reckless consequences that are bound to flow therefrom. There is no data or basis for inclusion of this text in MPD-2021. I am again so shocked that any text such as this could be incorporated in any scientific or technical document like a Master Plan, that I must question the bonafides (nay malafides) of the persons behind this objectionable drafting. It appears that this inequituous text has been included to pander to vested interests, and perpetuate the illegal activitities which DDA (and especially the numerous corrupt persons within DDA) is so infamous for. The inclusion of this text in Master Plan after 2 decades of time for preparation is once again conclusive evidence of the Master Plan fraud which DDA is again trying to play on the public. Also since there are no effective mechanisms for enforcement of such easily bypassed / misused clauses, I oppose inclusion of this text till such time as effective deterrents exist. MRTS has nothing to do with industry, why should passengers of Air-Conditioned MRTS have to be exposed to industry?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
xiv) All industries should have provision for separating the solid waste before discharging the effluent to the CETPs.
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.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
xv) The provision of CETPs, solid waste separation/treatment plants to be made at industrial cluster level.
SUMMARY OF GROUNDS: This kind of specific text is included without application of mind, has no scientific basis, and infringes upon the Fundamental Right under Article 19 of citizens (especially technocrats, and industrialists to carry out their business and profession in proximity to their homes. There are several relevant Judgements of Supreme Court concerning this which seem to have been deliberately ignored by DDA. What is an industrial cluster, it is nowhere defined?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
xvi) Proper disaster planning shall be done for meeting any emergency situation arising due to fire, explosion, sudden leakage of gas, etc. or other natural calamities like earthquake, flood, etc.
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. This is redundant text and states the obvious. What does it have to do with development?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
xvii) Industries may be grouped on the basis of common requirements such as effluent treatment, commercial needs, interdependence and nuisance value such as fire hazard, noise etc. as suggested below: a) Electronics and telecommunications. b) Electrical goods including appliances. c) Auto parts, light engineering and service industries. d) Printing, paper products and allied packaging. e) Service and supplying units.
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.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
xviii) Selection of trees and plants shall be made keeping in view aspects such as distinctive avenue development, round the year flowering in park areas (either mixed or in cluster form), and shade requirements in specific areas.
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. Is this text included to retain the lazy maalis and gardeners of DDA's corrupt horticultural dept employed?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Table7.3: Development Controls - Industry Maximum Use Premises Gr.Cov. FAR Ht (%) (mts) Parking standard ECS/ 100 sqm. Of floor area Activities Permitted Definition Industrial Plot i) 50 sqm. and below ii) 51 sqm. to 400 sqm. iii) 401 sqm. and above 100 60 50 200 180 150 8 15 15 2 2 2
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:-
Industrial units: unit retail sales outlet and administrative office upto maximum 10% of floor area on ground floor only; residential flat upto the maximum extent of 5% of the floor space or 50 sqm. whichever is less for watch & ward and supervision, incidental storage and administrative office related to the industrial activity. A premise for industrial activity having upto 50 workers with nonhazardous, non-polluting performance.
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.All the figures and percentages in this text are arbitrary and unscientific. Watch and ward facilities- what is this ? 50 workers are allowed ?
posted by Superfly at 10:14 AM
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