IMMEDIATE DCP (SW) · MASTER’PLAN’IMPLEMENTATION’SUPPORT’GROUP’ A synergy platform of citizens’ groups with legitimate stakes in benefits of planned development

MASTER PLAN IMPLEMENTATION SUPPORT GROUP A synergy platform of citizens’ groups with legitimate stakes in benefits of planned development

1356, D-I, Vasant Kunj, New Delhi – 110070; Ph: 26132921, 26895840; Email: [email protected]

T o s u p p o r t p l a n n e d d e v e l o p m e n t . T o o p p o s e u n p l a n n e d d e v e l o p m e n t . T o p r o t e c t o u r f u t u r e .

28.07.2004 DCP (SW) Sub: Demolition of Modern Public School in Rangpuri Pahari on 27.07.04 / WP 4978/2002, WP 8954-9/2003

and Demolition proposed in Lal Khet on 29.07.04 / WP 4978/2002, WP 8523/2003 Dear Sir, This is to bring to your attention two cases of DDA demolitions for your consideration / reconsideration: 1. Demolition of Modern Public School in Rangpuri Pahari on evening of 27.07.04:

• Demolition was effected without notice and was, therefore, illegal in terms of s.30 of Delhi Development Act, 1957, besides in breach of Common Minimum Programme, and the time of it appears suspect.

• The area is in / adjoins DDA 56 Ha scheme that High Court ordered stopped and inquired into by judgment of 16.09.02 in WP 4978/2002, copy of which was filed in PS, which took no action against non-compliance / constructions with illegal boring, etc, (complaint of which was last made on 02.07.04).

• Delhi Police through Jt Commissioner (Traffic) is a respondent in WP 8954-9/2003 in which citizens groups have prayed for enforcement of Delhi Master Plan equal access neighbourhood schools system and stopping violations on school sites as a result of which local, especially poor, children are excluded. Delhi Police has not taken any action against violations described in detail in these PIL (and compounded now by abject failure of violating schools to comply with Court’s orders about free seats).

It does seem odd that a requisition for this demolition was accepted by Police and we seek details of the same forthwith since we wish to take up the violation of fundamental right to education.

2. Proposed Demolition of Lal Khet on 29.07.04 • Legality of Biodiversity Park requiring the demolition and of Malls ‘requiring’ the park, etc, is sub-judice

in WP 8523/2003 for being in violation of Delhi Master Plan / DD Act, 1957 and CGWA notification / Environmental Protection Act, 1986. On identical grounds the DDA 56 Ha scheme was stopped and inquired into in WP 4978/2002. Inquiry, directed to ensure DDA is not emboldened to extend the same illegalities, was not carried out. It has been formally requested of LG / DDA Chairman on 21.07.04 along with request for directions against development / evictions for the identical Malls / Park scheme.

• No action has been taken on complaints against illegal boring on site of Malls (made in anticipation on 02.07.04, on 12.07.04 with picture of first drilling and on 23.07.04 with pictures of three more drillings). In letter of 26.07.04 to DDA VC (with copy to Police Commissioner and LG / DDA Chairman), on basis of statutory / judicial / parliamentary processes (besides CMP) that demolition would frustrate, a request has been made to defer it till discussion of lawful relocation options (on which Lal Khet citizens have assured full cooperation) as well as for immediate stopping / sealing of all illegal boring for the scheme.

Please be kind enough to ensure (and to assure us forthwith that you will) (a) all illegal boring is sealed first so demolition is not malafide; and (b) DDA requisition for force is not inertial and officals making it are informed of the foregoing recent developments and take personal responsibility for demolition despite them.

Thanking you,

Yours sincerely

Gita Dewan Verma | MPISG Planner B.Arch (SPA, gold medalist); M.Planning (SPA, gold medalist); PG Dip-Research (IHS-Rotterdam, top rank); Dip-Training (DoPT)

Formerly: Senior Fellow (HUDCO-HSMI), Visiting Faculty (SPA, TVB SHS), Consultant (DfID, IHSP, Nuffic, UNICEF, etc) Currently: Independent researcher / writer and consultant to citizens’ groups synergising on Master Plan Implementation Support Group

cc: • DDA Chairman / LG (in continuation of letter of 21.07.04 and copies of letters of 23 and 26.07.04 apropos

Lal Khet and of 25.06.04 about school education / free seats) • Central Empowered Committee appointed by Supreme Court (in continuation of letters of 20 and 23.07.04) • Chief Vigilance Commissioner (in continuation of letters of 06.07.04 and 12 and 23.07.04) • Secretary MoUD (in continuation of letters and wrt above-mentioned PIL, with MoUD as respondent no.2) • DDA Vice Chairman (in continuation of letter of 26.07.04 and wrt above PIL, with DDA as respondent no.1) • Commissioner Police (in continuation of letters of 05.07.04 and 12 and 23.07.04)

IMMEDIATE




28.07.2004 Translated Text

Dr Manmohan Singh ji, Hon’ble Prime Minister, Government of India Sub: Subversion of childrens’ right to education in open violation of NCMP Respected Prime Minister ji, Yesterday evening a school amidst farmhouses, etc, was demolished without notice. And tomorrow morning old settlements are to be demolished for unplanned development including illegal boring grabbing planned residential land and children to be sent sent to Bawana where children are reportedly dying. On the other hand, despite court orders nothing is happening on free seats. Along with request for your intervention in the demolition that occurred yesterday and the demolition to occur tomorrow, we request opportunity for be heard about our long-standing efforts. The enclosed letter deposited in the office of DCP provides information of the instant matter. What the childrens have to say and the letter that our consultant, who has written to you on the subject, has written to President are also enclosed. Thanking you,

Yours sincerely

Hoti Lal Convenor Rangpuri Pahari Vidyarthi Evam Abhibhavak Manch and MPISG Convenor (education)

cc: for intervention and opportunity for discussion Smt Sonia Gandhi, Chairperson National Advisory Council for NCMP

28 July 2004 Translated Text

Sub: Our school that was there yesterday but is not today

Till yesterday we were in school. Yesterday evening DDA and Police came and demolished our school. Perhaps they demolished it because this land is not meant for school. But nor is it meant for farmhouses and builder flats and DDA scheme, but no one has demolished those. Nor has anyone demolished schools not providing local and free admissions in lieu of land meant for schools. Since 2000 we have been doing things about our education ourselves. In 2001 we asked big schools for space to run summer school, which they did not give, so we ran summer school in the basti and invited all to samapan samaroh for discussion, but no one came. In 2002 in reply to Public Notice our case, including of our school that has been demolished, was sent, but nothing happened. In 2003 it was sent to Parliamentary Committee, but hearing has not happened. The case is in court now, but even there no one is answereing properly. When nothing beyond big talk has to be increased for us then at least what we have should not be reduced. Please tell this to all. And please also ask and tell us who is going to make our school where and till then where are we to study or sit in protest since no one answers us.

On behalf of all students with Modern Public School and Rangpuri Vidyarthi Evam Abhibhavak Manch

(signed by all students present in the morning of 28.07.04)

GITA DEWAN VERMA 1356 D I, VASANT KUNJ, NEW DELHI – 110070; Ph: 26132921, 26895840; eml: [email protected]

28.07.2004 Hon’ble President of India Sub: School children being banished to Bawana and school children left with no school Respected Sir, I write to you in anguish and seek your urgent intervention between illegal demolitions riding roughshod in inertial anarchy over ridge, groundwater, entitlements and children. Yesterday evening while we wrote an open letter, courier-ed also to your Secretariat, about imminent demolition of old settlements in Lal Khet to make way for an unplanned scheme of Malls and Park usurping planned residential land with PIL challenging its legality and complaints against illegal boring for it pending, DDA and Police came and demolished without notice a school that teaches the non-rich.

These children, like children in Lal Khet being banished to Bawana where children are dying, have nowhere to study now since schools meant to teach local, including poor, children, attract no penalty for not doing so for years even months after the court ordered they must do what they must do. Authorities are also bound by court orders to have demolished parts of a posh school here, which they have not done, and by court orders to stop and inquire into the up-market scheme they illegally started (in same ridge / green belt area), which also they have not done. Your Secretariat has forwarded for appropriate action to Secretary MoUD my representations about violations including those in ridge area and to Secretary MoHRD my representation about violations of right to education, but no action has been taken on them even as precipitate action, such as was taken yesterday and is planned tomorrow, is making them progressively infructous. More importantly, the anarchy of willful dispossession for willful schemes is driving city economy, environment, democracy and future to bankruptcy, making nearly 50 years of compulsory land acquisition malafide and stripping urban development planning law and institutions and professions of all rationale for being. I beg of you, Sir, to please, please instruct DCP (SW) against more precipitate action, as those who went to his office to seek urgent consideration of the enclosed letter were not allowed to see him and those who are going to other offices also have no hope of being heard at all, let alone being heard in time. I am enclosing an earlier letter about children in Lal Khet and the open letter of yesterday. The children want to try and meet today ‘someone’. I know ‘the system’ might not let them and I can not think of what to do to save them heartbreak, so I am writing this letter, for whatever it is worth.

Yours sincerely

Gita Dewan Verma / Planner B.Arch (SPA, gold medalist); M.Planning (SPA, gold medalist); PG Dip-Research (IHS-Rotterdam, top rank); Dip-Training (DoPT)

Formerly: Senior Fellow (HUDCO-HSMI), Visiting Faculty (SPA, TVB SHS), Consultant (DfID, IHSP, Nuffic, UNICEF, etc) Currently: Independent researcher / writer and consultant to citizens’ groups synergising on Master Plan Implementation Support Group




Vice Chairman, DDA Sub: Request for immediate discussion on Lal Khet resettlement Sir,

07.07.2004 Translated Text

There are children among the old settlements proposed to be resettled in Bawana to make way for Vasant Kunj Ph-2. Here schools are giving forms for free seats and they are being sent there, where, as per enclosed news report of deaths of 12 children even their lives, forget their studies, are not protected. DMP certainly does not allow this liberty and questions arising from it also defy answers: • When 25% free seats are connected to 25% EWS housing in

DMP, have the bhagidari ideas of government and some schools for less percentage arisen from such killer resettlement?

• Will other children planting trees in bhagidari after uprooting these children for Biodiversity Park that is usurping DMP residential land be able to understand and explain this brand of environmentalism?

• Will institutions building fancy buildings on plots allotted to them on basis of essentiality certificates be able to prove their essentiality greater than life and education of these children?

• What public interest expenditure will be made out of the proceeds of auction for crores of Malls using this Park to seel well and illegal boring for their construction after driving these children to die?

The matter of illegal resettlement for profiteering on land meant for mandatory EWS housing in this area is in court. The matter of equal access education as per DMP, which does not rest on free seats, in Vasant Kunj is in court. The matter of a scheme for Malls, Parks, instituins, etc, on land meant for residential Vasant Kunj Ph-2 is in court. The matter of efforts since 2000 against infringement of rights of children by unplanned housing and resettlement is before Parliamentary Committee. Similar questions raised in course of Pushta evictions have yet to be answered. Request for discussion on lawful relocation options for Lal Khet have yet to be answered. Under the circumstances, the announcement that your men have made here yesterday about holding camp to send these children, like Mall adverstisements and institution boards and Park PR, do not reflect NCMP commitments. Then shall we look for a vision of the future of these children the Madam Chief Minister’s remark in enclosed news report of her visit to Bawana on 30 May, viz, all is well there, but for lack of crematorium and graveyard?

Kindly clarify if facilities in Bawana are adequate as per DMP standards and kindly arrange here with ‘camp’ discussion on legal housing options. Thanking you,

Gita Dewan Verma / MPISG Planner

cc: Hon’ble LG, wrt letters of 25 June and 05 July with request again for meeting or visit Secretary MoUD, with request to add to basis of enclosed s.41(3) application of 05 July




27.07.2004 OPEN LETTER Sub: Imminent demolition in Lal Khet on 29.07.04 / NCMP subversion Madam / Sir, Since yesterday Lal Khet citizens have been verbally informed of demolition on 29.07.04 by DDA / police staff. The six old settlements (about thousand families) are getting in the way of unplanned scheme for Biodiversity Park and Malls, legality of which is challenged in PIL pending in High Court since 2003. A scheme involving identical illegalities (and causing demolition of identically old settlements) in green belt / ridge park site in the vicinity was stopped and ordered inquired into by High Court in 2002, which inquiry has yet to happen. Some families in Lal Khet have been offered resettlement in Bawana (where relocates from Pushta, including children, are dying). Legality of such resettlement is challenged in High Court in petitions by slum citizens from the area in which failure to develop mandatory EWS housing stands admitted. This matter, including compliance of interim order of 2002 in it for clarification of entitlements, etc, is also pending. One of the sites that the citizens had brought to the attention of the Court in 2002 was the EWS housing site occupied by Sahara Restaurant-cum-Bar of DDA scam fame. (Sahara survives; the petitioners’ settlements were demolished). In response to Parliamentary Standing Committee public notice of 22.06.03 inviting views on functioning of DDA, submissions were made by citizens’ groups in the area, hearing on which is also pending. Since 31.05.04, when ‘offer-cum-demand letters’ for eviction / resettlement were distributed in Lal Khet, citizens have been seeking a meeting about lawful option for relocation consistent with Delhi Master Plan and National Common Minimum Programme. This request, made with assurance of full cooperation, has not been granted. After demolition threat of 02.07.04, citizens from 20 ‘slums’ with 5000 families had made a joint demand for EWS scheme either in 35 Ha residential land being usurped by unplanned Biodiversity Park or in illegal scheme in green belt / ridge park site. This has also not elicited any response. s.41(3) application to MoUD to examine legality and propriety of decision to demolish Lal Khet settlements in view of the above as well as complaints (with photographs) of illegal boring on Mall sites have also evoked no reponse. We have written to DDA Vice Chairman, with copy to Police Commissioner and Lieutenant Governor to ask that demolition be deferred till discussion and that illegal borings be immediately sealed. While we hope our request will be granted, we have begun to peacefully protest the planned demolition – not only in our continuing protest against willful dispossession for willful schemes but also for breach of UPA’s solemn pledge to provide corruption-free, accountable and transparent government and responsible and responsive administration. Indeed, all that we have to show for our efforts to engage in support of NCMP since its adoption two months ago is ‘evidence’ of it having been comprehensively subverted in the capital, which we deeply regret.

Gita Dewan Verma / MPISG Planner

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IMMEDIATE DCP (SW) · MASTER’PLAN’IMPLEMENTATION’SUPPORT’GROUP’ A synergy platform of citizens’ groups with legitimate stakes in benefits of planned development