Friday, July 15, 2005

Sarbajit's Industry Objections (Part-5)

OBJECTION No. : 0080

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

32. Contact Lens. 33. Canvas bags and holdalls making.

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.


OBJECTION No. : 0081

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

34. Candles, sweets, rasmalai etc. (when not canned).

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. : 0082

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

35. Cotton/silk printing (by hand).

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.


OBJECTION No. : 0083

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

36. Computer repairing and cyber information Centre

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 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. Cyber information centre and computer repairing are polluting activities and must be prohibited.


OBJECTION No. : 0084

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

37. Computer Software

SUMMARY OF GROUNDS: 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. Computer Software centres and ITES and BPOS are highly objectionable activities which must be prohibited in residential areas, as this creates law and order and morality problems also like Call girls masquearding as Call Centre girls, there is vehicular activity at all times of night disturning the peace, generators operate at odd hours creating noise pollution etc.


OBJECTION No. : 0085

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

38. Dari and carpet weaving. 39. Detergent (without bhatti).

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. : 0086

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

40. Data processing.

SUMMARY OF GROUNDS: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. Computer Software centres and ITES and BPOS are highly objectionable activities which must be prohibited in residential areas, as this creates law and order and morality problems also like Call girls masquearding as Call Centre girls, there is vehicular activity at all times of night disturning the peace, generators operate at odd hours creating noise pollution etc. 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.


OBJECTION No. : 0087

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

41. Dairy products e.g. Cream, ghee, paneer, etc.

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. : 0088

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

42. Dry Cleaning (excluding big workshops)

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 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.


OBJECTION No. : 0089

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

43. Desk Top Publishing.

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 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. Data Processing, DTP, Computer Software centres and ITES and BPOS are highly objectionable activities which must be prohibited in residential areas, as this creates law and order and morality problems also like Call girls masquearding as Call Centre girls, there is vehicular activity at all times of night disturning the peace, generators operate at odd hours creating noise pollution etc.


OBJECTION No. : 0090

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

44. Embroidery.

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.


OBJECTION No. : 0091

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

45. Enameling Vitreous (without use of coal).

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. : 0092

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

46. Framing of pictures and mirrors. 47. Fountain pens, ball pens and felt pens. 48. Gold and Silver thread, kalabattu. 49. Hosiery products (without dyeing and bleaching).

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. : 0093

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

51. Ivory carving.

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. : 0094

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

52. Ink making for fountain pens.

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. : 0095

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

53. Information Technology and enabling services

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. 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. Computer Software centres and ITES and BPOS are highly objectionable activities which must be prohibited in residential areas, as this creates law and order and morality problems also like Call girls masquearding as Call Centre girls, there is vehicular activity at all times of night disturning the peace, generators operate at odd hours creating noise pollution etc.


OBJECTION No. : 0096

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

54. Interlocking and buttoning. 55. Jewellery items. 56. Khadi and handloom.

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. : 0097

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

57. Khus tattis.

SUMMARY OF GROUNDS: Khus tatti is a very good activity and needs to be included in this section as permissible household industry.


OBJECTION No. : 0098

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

58. Knitting works. 59. Lace products.

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. : 0099

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

60. Leather footwear. 61. Leather belts and assembly of buckles (by hand) 62. Leather and rexine made ups.

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.

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