Friday, July 15, 2005

Sarbajit's Industry Objections (Part-4)

OBJECTION No. : 0060

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

Flatted group Industry (Minimum plot size - 400 sqm.) 30 150 26 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. 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.I object to flatted industry as this leads to slums. A prime example being the DSIDC flatted complex at Jwalaheri where each and every polluting industry specifically banned by Supreme Court like electro-plating, buffing, lathe machine, plastic moulding, recycling of PVC scrap continues unabated despite MPD-2001 provisions.


OBJECTION No. : 0061

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

Industrial units; administrative office, watch and ward, maximum upto 5% of floor area or 20 sqm. whichever is less, storage related to the manufacturing activity. A premise having a group of small industrial units having upto 20 workers with common services and facilities with nonhazardous, non-polluting performance.

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.


OBJECTION No. : 0062

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

Notes: i) In case of plots upto 100 sqm. common parking is to be provided.

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. why 100 sqm ? why not 500 sqm?


OBJECTION No. : 0063

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

ii) In case of plots of size 500 sqm and above, the utilities such as E.S.S. underground water storage tank, roof top water harvesting system, separate dry and wet dustbins, solar heating/lighting system etc. are to be provided within the plot.

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. Such text is imporactical to implement and enforce, and is only incuded to facilitate the green lobby and NGOs to cause problems for industry.


OBJECTION No. : 0064

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

iii) Service centres identified to be planned as per plotted industrial area norms.

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.


OBJECTION No. : 0065

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

ANNEXURE 7.1 CLASSIFICATION OF INDUSTRIES GROUP - A HOUSEHOLD INDUSTRIES 1. Agarbatti and similar products 2. Aluminium hanger (excluding wire drawing and anodizing).

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 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. What is so special about aggarbaties and hangers?


OBJECTION No. : 0066

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

3. Ayurvedic / Homoeopathic/Unani medicines.

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.


OBJECTION No. : 0067

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

4. Assembly and repair of electrical gadgets. 5. Assembly and repair of electronic goods. 6. Assembly and repair of sewing machines.

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.


OBJECTION No. : 0068

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

7. Assembly of hand tools 9. Assembly and repair of electrical gadgets, cooler/heater etc. 10. Assembly and repair of sewing machines.

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.


OBJECTION No. : 0069

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

14. Atta Chakkies.

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. This is a political text. Atta Chakkies are not industry, it should be included with Commercial and Trade.


OBJECTION No. : 0070

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

15. Batik works.

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. Batik work uses acids and is polluing.


OBJECTION No. : 0071

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

16. Block making and photo enlarging 17. Biscuit, pappey, cakes and cookies making 18. Button making, fixing of button and hooks. 19. Book binding.

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.What is "pappey"? This text is included by junior stenos of Industry Dept of NCTD and their bosses like Mr.Malik.


OBJECTION No. : 0072

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

21. Calico and Textile products. 22. Cane and bamboo products. 23. Cassettes recording.

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.


OBJECTION No. : 0073

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

24. Clay and modelling.

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.


OBJECTION No. : 0074

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

25. Coir and jute products.

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.


OBJECTION No. : 0075

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

26. Cardboard boxes.

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 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.


OBJECTION No. : 0076

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

27. Candles.

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.


OBJECTION No. : 0077

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

28. Copper and brass art wares.

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. 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.


OBJECTION No. : 0078

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

29. Cordage, rope and twine making.

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.


OBJECTION No. : 0079

I object to the inclusion of the following text in the Master Plan for Delhi 2021:-

31. Clay and Modelling with Plaster of Paris.

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. 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 Clay Modelling is a highly toxic and polluting industry and must be banned.

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