RSS Feed
Sarbajit's MLU Objections (Part-1)
Objections of Mr. SarbaJit Roy r/o X-XXXX XXXXXX XXXX. Sector-XXX, Dwarka New Delhi-110075, Tel: XXXXXXXX, to MPD-2021 Draft Chapter on MIXED LAND USE.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
15.0 MIXED USE 15.1 PROVISIONS OF MIXED USE Mixed use essentially means provision of nonresidential activity in residential areas.
SUMMARY OF GROUNDS: The inclusion of this kind of arbitrary 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 without any basis reinforces suspicion that vested interests still hold sway over DDA. I object to concept of Mixed Land Use at Master Plan level. MLU may be considered at premise level as per the existing MPD-2001, but such wholesale generalisation of MLU at MPD level is disastrous and sure to be challenged in Courts. I say that entire chapter on Mixed Land Use must be deleted. This entire text allegedly defining Mixed Land Use is false, wrong and actionable.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
In the situation, where in a number of residential areas, commercial activity has already intruded formulation of a balanced policy of mixed use considering its environmental impact and the socio-economic need of the society is
SUMMARY OF GROUNDS: 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.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
of utmost public importance.
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory, exclusionary 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. Tis is how objectionable clauses are being sneaked into Master Plan in guise of Public Interest. DDA knows nothing about Public Interest and everything about Private Profit.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
On a single premise or in an area, mixed residential and non-residential activity has its positive and negative environmental and socio-economic impacts.
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory, exclusionary 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 fail to see any positive benfits for MLU, and thousands of negative impacts.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
It suits the present socio-economic needs of a large section of the society and reduces the transportation needs and traffic movement considerably.
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory, exclusionary 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. MLU causes Traffic problems and does not solve them
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
However, unless properly regulated
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory, exclusionary 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. Who is going to regulate MLU?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
and in certain conditions it could have quite an adverse effect in terms of congestion, pollution and general inconvenience to the people of the area.
SUMMARY OF GROUNDS: When it is admitted that MLU has so many negative impacts, why persist with it?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
In view of the above the following approach is
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 concerning 'MLU' 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:-
suggested: -
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies / practices and monopoly of development on Delhi are being sought to be covered up and regularised through the back door. This is objectionable and hence this text needs to deleted from the MPD-2021.Is not Master Plan a law, MANDATE it and don't SUGGEST it ?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
1) Non-residential activity on residential premises
SUMMARY OF GROUNDS: The inclusion of this kind of arbitrary 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 without any basis reinforces suspicion that vested interests still hold sway over DDA. No attention seemsto have been aid to the traffic, parking, diversion of utilities, etc.which unbridled MLU activity will bring in its wake. Residential premises are for residential use as per lease with President of India.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
should be permitted
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies / practices and monopoly of development on Delhi are being sought to be covered up and regularised through the back door. This is objectionable and hence this text needs to deleted from the MPD-2021. 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 nuisance and hazardous activities being caused by illegal shops, industries and Restaurants and Hospitals etc. located within Dwarka Project, in the so-called 'Mixed Land Use' areas which have been converted into dingy and squalid commercial complexes without the mandatory planning permissions from Delhi Urban Arts Commission. These so called 'MLU' malls have all sorts of Liquor Shops, Plywood and Timber shops, Hospitals and other prohibited activities carrying on merrily without any obstruction. Inclusion of any text which even remotely encourages 'Mixed Land Use' within Dwarka Project is most objectionable, and I strongly call for its deletion. NO, NO this should not be permitted.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
selectively and carefully
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory, exclusionary 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.Who selects and how? MPD is law, you cannot have such poor drafting, this reads like a schoolboy's homework project.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
taking into consideration
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies / practices and monopoly of development on Delhi are being sought to be covered up and regularised through the back door. This is objectionable and hence this text needs to deleted from the MPD-2021. More bureaucratic drafting which is hollow and means nothing. TRIM THIS.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
community needs, environmental impact and provision for safe and easy traffic circulation and adequate parking.
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. VERY GOOD SOUNDING WORDS, NOW CAN YOU IMPLEMENT THIS?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
2) In case of new developments, planned mixed residential and non-residential activity should be introduced right at the time of the preparation of the
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. YOU CANNOT MIX RESIDENTIAL AND OTHER USES, THIS IS PLANNING DISASTER.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
layout plans
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies / practices and monopoly of development on Delhi are being sought to be covered up and regularised through the back door. This is objectionable and hence this text needs to deleted from the MPD-2021.What is a layout plan, the MPD has no definition for this?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
along with the planning of Commercial Centres
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, which affects and disturbs our Fundamental Rights. This kind of specific text is included without application of mind concerning 'Mixed Land Use', has no scientific basis, and infringes upon the Fundamental Right under Article 19 of citizens (especially residents, and homeowners to live peacefully in their homes, and be free from nuisance, whilst enjoying planned development and utilities and resources so neccessary for life. There are several relevant Judgements of Superior Courts concerning this which seem to have been deliberately ignored by DDA whilst drafting this objectionable text. WHY ARE COMMERCIAL CENTRES ALLOWED IN RESIDENTIAL AREAS. IS THIS TEXT TO REGULARISE ALL THOSE MLU MALLS IN DWARKA?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
for which appropriate provision of parking, circulation and services be kept in view.
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. what is meant by "kept in view" ?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Norms for parking and commercial use on different floors be specified.
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory, exclusionary 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) Notified provisions made in the earlier plan may be continued within the overall framework of the approved plan.
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies / practices and monopoly of development on Delhi are being sought to be covered up and regularised through the back door. This is objectionable and hence this text needs to deleted from the MPD-2021. No, No this text legitimises past malpractices, and must be deleted.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Mixed use may be permitted on residential plot facing streets/road of minimum 18.0 mts. ROW in regular residential plotted development with the prescribed development norms, such streets should be notified and given wide publicity.
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory, exclusionary 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.Why 18 mts and not 19.0 mts?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Bungalow Areas of Lutyens' Delhi and Civil Lines, government housing, institutional / staff housing and areas of heritage and national importance shall not be covered under the Mixed use Policy.
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory, exclusionary 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 have repeatedly objected to inclusion/exclusion of any particular areas as this is violkative of Constitutional provisions.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
15.2 NON-PERMISSIBLE USES Any trade or activity involving any kind of obnoxious, hazardous, inflammable, noncompatible and polluted substance or process shall not 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 spirit behind this text is noble, but DDA's flesh is corrupt.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
15.3 PERMISSIBLE USES Mixed use could involve household industries (as per specific conditions provided in the section pertaining to industries), Retails Shops, Professional Activity and specific other uses as indicated here after:
SUMMARY OF GROUNDS: It is very clear that a primary purpose of this impugned text is to allow 'Mixed Use' to illegally continue to operate within residential areas of Delhi, despite Court orders and Constitutional provisions prohibiting this. 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.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
15.4 RETAIL SHOPS The following activities will not be allowed under mixed use:
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies / practices and monopoly of development on Delhi are being sought to be covered up and regularised through the back door. This is objectionable and hence this text needs to deleted from the MPD-2021.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
1. Retail Shops: Building materials (timber, timber products, marble, iron and steel and sand) Fire wood, coal and any fire hazardous and other bulky materials.
SUMMARY OF GROUNDS: The inclusion of this kind of arbitrary 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 without any basis reinforces suspicion that vested interests still hold sway over DDA. No attention seemsto have been aid to the traffic, parking, diversion of utilities, etc.which unbridled MLU activity will bring in its wake. PLEASE SEE THE MLU MALLS OF DWARKA IN SECTOR 4 AND ELSEWHERE WHERE THERE ARE NUMEROUS TIMBER AND BUILDING MATERIALS SHOPS.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
2. Repair Shops: - Automobiles repair and workshops
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, which affects and disturbs our Fundamental Rights. This kind of specific text is included without application of mind concerning 'Mixed Land Use', has no scientific basis, and infringes upon the Fundamental Right under Article 19 of citizens (especially residents, and homeowners to live peacefully in their homes, and be free from nuisance, whilst enjoying planned development and utilities and resources so neccessary for life. There are several relevant Judgements of Superior Courts concerning this which seem to have been deliberately ignored by DDA whilst drafting this objectionable text.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
- Cycle rickshaw repairs
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 concerning 'MLU' 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:-
- Tyre resorting and retreating
SUMMARY OF GROUNDS: The inclusion of this kind of arbitrary 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 without any basis reinforces suspicion that vested interests still hold sway over DDA. No attention seemsto have been aid to the traffic, parking, diversion of utilities, etc.which unbridled MLU activity will bring in its wake.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
- Battery charging
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. Battery Charging is a neccessary evil, so long as it is non polluting.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
3. Storage, Godown and Warehousing
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies / practices and monopoly of development on Delhi are being sought to be covered up and regularised through the back door. This is objectionable and hence this text needs to deleted from the MPD-2021. 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 nuisance and hazardous activities being caused by illegal shops, industries and Restaurants and Hospitals etc. located within Dwarka Project, in the so-called 'Mixed Land Use' areas which have been converted into dingy and squalid commercial complexes without the mandatory planning permissions from Delhi Urban Arts Commission. These so called 'MLU' malls have all sorts of Liquor Shops, Plywood and Timber shops, Hospitals and other prohibited activities carrying on merrily without any obstruction. Inclusion of any text which even remotely encourages 'Mixed Land Use' within Dwarka Project is most objectionable, and I strongly call for its deletion.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
4. Junk shop
SUMMARY OF GROUNDS: Certainly, there is no objection to small shops catering to day to day needs of residents running lawfully and peacefully within residential areas , but poorly drafted and random text such as I have impugned, must not find its way into MPD-2021. Scant attention seems to have been paid to the issue of nuisance, disturbance caused to residents, and diversion of resources and utilities to the activities envisaged under 'Mixed Use' at cost of lawful 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.
posted by Superfly at 10:29 AM
0 Comments:
Post a Comment
<< Home