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Disaster in National Capital Region

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2014.01.12 do no. disaster 2014 1 to pm

  1. 1. 1 DO No. Disaster/2014/1 Sarvadaman Singh Oberoi 1102/Tower 1, The UniworldGarden Sec 47, Gurgaon-122018 Mob: 9818768349 12th January 2014 To, Sh. Manmohan Singh The Prime Minister of India Government of India, South Block, New Delhi-110011 ACTION U/S 28/39 OF NCRPB ACT 1985 & DERELICTION OF PUBLIC DUTY BY MoEF – 14.01.2014 BOARD MEETING OF NCRPB Dear Mr. Prime Minister, 1. I recall that when you stopped me in the corridors of the Finance Ministry one January day in 1995 and asked" What is the Army in uniform doing in North Block?", and smilingly asked Montek, walking alongside, "Please help the Colonel to get his job done so that the Army is out of here fast", the work was done so fast, in three hours, that a surprised Financial Advisor (Defence Services) called me back to ask how I could obtain the signatures of a dozen joint secretaries and additional financial advisors of the Defence Ministry and the entire Finance Ministry in less than two days on such a thick file full of notings. I did not tell him that the Finance Minister helped me to obtain this series of Government Financial Sanctions which were obtained just in time on a Friday for a Monday Supreme Court hearing on 16 January 1995. Perhaps he would have thought that I was perpetrating a silly joke on him. 2. Again on 29 June 2006 I had informed you that “We have since moved from the Twentieth Century into a new India of
  2. 2. 2 the Twentyfirst Century, of the Information Age. At the least one would have hoped for the basic necessities of power and water having improved from 1995 to 2006. Alas! Such is not the case. The power situation in Palam Vihar, Gurgaon has been such in the last 48 hours that the inverters are not able to recharge. There is no media report, there is no Government intimation, nothing. Today communication is electronic and without power there can be no electronic communication. Providing barely 7 to 8 hours of power in 24 hours is apt to choke the communication lifelines of the Information Superhighway.” 3. You were kind enough to direct that matter be taken up with the Haryana Government and today we have nearly 90% grid uptime in Gurgaon and will soon have piped water too. 4. The NCRPB is failing to carry out proper planning in the National Capital Region in accord with the mandate of Disaster Management Act, 2005 and Principle of Carrying Capacity and Sustainable Development which is well settled law of the land today. The NCR includes many areas that have great environmental, ecological and biodiversity sensitivity and this issue has not been addressed by the NCRPB at all in Regional Plan 2021 necessitating action by the Central Government u/s 28/39 of the NCRPB Act, 1985.
  3. 3. 3 5. Kindly refer to the attached documents, (1) 2012.01.12 Mission Gurgaon Development (MGD) letter to DGTCP Haryana, (2) 2012.03.22 DGTCP Haryana letter to CCP NCR Haryana, (3) 2012.03.25 Citizens Letter to DG Forests MoEF, (4) 2012.05.18 DG Forests MoEF letter to Chief Secretary Haryana, (5) 2012.05.31 Citizens letter on Godavarman WP 202 of 1995 06.07.2011 to Secy MoEF and CS Haryana, (6) 2012.06.06 DG Forests MoEF letter to Principal Secretary Forests Haryana, (7) 2012.06.17 Citizens Objection Letter Mangar DDP 2031 to DGTCP Haryana Secy MoEF and NCRPB, (8)2012.09.21 Letter to NCRPB on carrying capacity and Email 19.09.2012 to Secy MoEF, (9) 2012.10.01 MGD Objection Letter GMUC DDP 2031 to DGTCP Haryana Secy MoEF and NCRPB, (10) 2013.04.03 Sh Bhupinder Singh Hooda DO letter to Sh Kamal Nath requesting reversal of affidavit filed in SC by NCRPB, (11) 2013.07.30 NCRPB DO letter No. K-14011 02 2012-NCRPB-VolIII to Secy MoEF, (12) 2013.08.30 MGD Observations, Objections and Recommendations to Revised Draft RP 2021 to NCRPB copied by Email dated 30.08.2013 time stamped 2.33 PM to Hon'ble Minister of State for Environment and Forests of India & (13) 2013.10.17 MGD letter to MoEF Request to examine RP 2021 (14) 2013.10.31 INTACH Environmental Safeguards in the Regional Plan 2021 (16) 2013.11.22 Undermining urban planning The Hindu (17) 2014.01.06
  4. 4. 4 Hon’ble Supreme Court Judgment in Godavarman WP 202 of 1995 to appoint EP Act Sec 3 Regulator. 6. That for two years from January 2012 NGOs and citizens have importuned the powers that be to heed their cries for environmental justice as is apparent from the letters abovementioned which show that the NCRPB and Haryana Government have ignored the directives of the MoEF with impunity. Today the atmosphere in the NCR is so highly polluted that as per scientific studies reported in respected journals new born babies are likely to die in the thousands in next few years just by breathing the air around them. Water pollution is so bad that in places like Faridabad even slum dwellers are forced to use RO Water Purifiers. This is the ecological disaster referred to in the Disaster Management Act, 2005. 7. That the letter of Sh Bhupender Singh Hooda dated 03.04.2013 to Sh Kamal Nath was an attempt to influence the course of justice in re NCRPB Affidavit in the Hon’ble Supreme Court and needs to be deprecated. Also attempts of a very senior IAS officer of Haryana to influence the same Board was detected in RTI and finds mention at para 4(q) and 10 of MGD objection letter dt 30.08.2013 attached. 8. That an examination of the website of the NCRPB reveals that the NCRPB has either not received or not published the
  5. 5. 5 observations/objections that were sought by Ms Naini Jayaseelan, Member Secretary, NCRPB from Dr V Rajagopalan, Secretary, MoEF vide DO letter No. K-14011 02 2012-NCRPB-VolIII dt 30.07.2013. MGD letter of 17.10.2013 to Dr V Rajagopalan, Secretary, MoEF also did not result in filing of observations/objections to the Regional Plan-2021 by MoEF. That the letters mentioned in para 5 above (attached) make clear that the MoEF was made completely aware of the deficient planning in Haryana NCR because each and every letter mentioned above was known to or received by MoEF either by post or by Email. When such serious ecological matters are at stake it is clear dereliction of duty if MoEF has either not replied to the NCRPB letter dt 30.07.2013 or the observations/objections have not found place on the website of NCRPB. 9. The objective of the Regional Plan is to control land-uses, avoid haphazard development and promote balanced growth and development in the NCR. Chapter IV, Section 10, subsection 2, of the NCRPB Act, 1985, states that, “The Regional Plan shall indicate the manner in which the land in the National Capital Region shall be used, whether by carrying out development thereon or by conservation or otherwise.”
  6. 6. 6 10. Reputed organisations like INTACH, PEACE and The Hindu and many others found fault with Regional Plan 2021. 11. NCRPB and MoEF may kindly be directed to place MoEF observations/objections with remarks of NCRPB on the website and till such time the Regional Plan 2021 be held in abeyance and if they fail to do so action under Sec 28/39 of NCRPB Act, 1985 be taken as deemed fit. 12. It is therefore requested that Regional Plan 2021 be held in abeyance at NCRPB meeting on 14.01.2014 till inputs of MoEF are received. This would also be the correct view as it has now been held on 06.01.2014 by the Apex Court in WP 202 of 1995 that environmental concerns must be considered by a regulator appointed under Section 3 of EPA, 1986 and not by the Government before any regional plan having environmental sensitivity is approved. Regards Place: Gurgaon Date: 12th January 2014 Sarvadaman Singh Oberoi 1102/Tower 1 The UniworldGarden Sec 47, Gurgaon-122018 Mob: 9818768349