2014.01.13 do no. disaster 2014 2 to pm


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Notice Sec 80 CPC Regional Plan 2021 NCR

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2014.01.13 do no. disaster 2014 2 to pm

  1. 1. 1 DO No. Disaster/2014/2 Sarvadaman Singh Oberoi 1102/Tower 1, The UniworldGarden Sec 47, Gurgaon-122018 Mob: 9818768349 13th 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 etc & NOTICE U/S 80 CPC Dear Mr. Prime Minister, 1. There is an urgent fresh development w.r.t. my DO No. Disaster/2014/1 of 12th January 2014. 2. The NCRPB is not only 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; it is now reportedly planning to abdicate its mandated primary powers under sub-sections (a) to (f) of Sec 8 of the NCRPB Act, 1985 which are not amenable to delegation as even the primary functions under sub-sections (a) to (e) of Sec 7 are not at all amenable to delegation as is apparent from the wording of sub-section (g) of Sec 8, “(g) entrust to the Committee such other functions as it may consider necessary to carry out the provisions of this Act.” See Article, Faster nod for NCR projects in Haryana TOI dt 13.01.2014: "The Centre seems to be courting controversy by following different standards in approving sub-regional
  2. 2. 2 plans....UP sub-regional plan was cleared by the apex panel of NCR Planning Board (NCRPB) headed by urban development minister Kamal Nath where CMs of the four constituent states are members.... delegation of the apex panel's powers to the empowered committee... headed by Union urban development secretary Sudhir Krishna....proposal to delegate the powers came from Krishna at the last empowered committee meeting on December 30. Though chief secretaries of all member states - Delhi, Haryana, UP and Rajasthan - are members of this committee, none of them were present. They were represented by junior officials. Sources said none objected to the proposal....It's learnt while Haryana CM told the NCRPB panel in July last year that the subregional plan would be submitted in a month, it came to NCRPB only a few weeks back." 3. Kindly also refer to the attached documents, (1) 2013.11.02 Strategic green review of NCR Regional Plan stressed The Hindu, (2) 2013.11.19 NCRPB grapples with objections to revision of Regional Plan 2021 The Hindu, (3) 2014.01.13 Faster nod for NCR projects in Haryana TOI and also refer to 17 documents attached to my DO sent yesterday. 4. There appears to be a Machiavellian scheme of the powers that be to derail the very noble Aims and Objects of the NCRPB Act, 1985, “in the public interest to provide for the
  3. 3. 3 constitution of a Planning Board for the preparation of a plan for the development of the National Capital Region and for co-ordinating and monitoring the implementation of such plan and for evolving harmonized policies for the control of land-uses and development of infrastructure in the National Capital Region so as to avoid any haphazard development thereof” which is also explained in paragraphs below. 5. That a revealing news item, NCRPB grapples with objections to revision of Regional Plan 2021, The Hindu, 19.11.2013 reported: "Says Prof AK Maitra, former director of the School of Planning and Architecture, who headed the study group on environment “I think this is a sure way to destroy the Aravallis which is not only a pristine natural resource and natural barrier between arid Rajasthan and Delhi but an important ground water recharge zone. We were never consulted on these relaxations because our study group was abandoned midway after NCRPB stopped our meetings.” 6. That an earlier damning news item (which has evoked no rebuttal as per DOP&T/parliamentary norms), Strategic green review of NCR Regional Plan stressed, The Hindu, 02.11.2013 reported:
  4. 4. 4 “The seminar had presentations from Asesh Maitra and Meenaksi Dhote from the School of Planning and Architecture (SPA); Manu Bhatnagar of INTACH; Manoj Misra from PEACE and environmental analyst Chetan Agarwal. Several retired planners, NGOs and citizen groups also attended the meeting. They included members of Centre for Science and Environment, Foundation for Ecological Security, Natural Heritage First and the Indian Institute for Public Administration. The lack of environmental oversight in the regional planning process was identified as a key regulatory gap at the meeting. While individual projects require environmental clearance, there is currently no practice of review under the Environment Protection Act of Master Plans and the NCR Regional Plan — which make much more important decisions about areas to conserve and thus impact the environmental sustainability of the towns and the NCR, the participants argued. It was accordingly recommended that a SEA should be undertaken for the revised draft Regional Plan-2021 and the findings be fed into the planning process. The NCR Regional Plan acts as a model for Master Plans of all other regions across the country and
  5. 5. 5 therefore has immense significance. It is also an important instrument for balancing development and conservation and maintaining the carrying capacity of the NCR and protecting the environmentally sensitive areas which are strategic environmental assets on which rests the drinking water security of the region. The Ministry of Environment and Forests, therefore, must get representation on the NCRPB,” said Prof. Mitra, the former director of SPA. xxxxxx The participants asserted that many important environmental provisions and safeguards in the current Regional Plan 2021 were not implemented or achieved, including (i) promulgation of the Natural Conservation Zones with a 0.5 per cent restriction on construction, and (ii) land suitability analysis, etc. The revised draft Regional Plan- 2021, which also highlighted the problem of unplanned growth, has significantly diluted key environmental safeguards for the environmentally sensitive areas such as the Aravallis and the Yamuna and other riverbeds instead of plugging the gaps in the implementation. The meeting concluded that these and other safeguards should be retained in the Regional Plan 2021 and
  6. 6. 6 implemented with full backing of the NCRPB. If at all any revision is required, they should aim at updating the plan with the implications from new statutes, international commitments in the field of climate change, environmental policy, disaster management, biodiversity, etc. It was felt that if these changes were approved, it would lead to a fait accompli situation with disastrous outcomes for the drinking water security of the National Capital Region towns and cities, as well as the biodiversity and air quality.” 7. It has been held by the Apex Court that environmental concerns must be considered by a regulator before any project having environmental sensitivity is approved. It is therefore requested that Regional Plan 2021 be held in abeyance till such time these concerns are properly addressed by a regulator duly constituted under Sec 3 of the Environment Protection Act, 1986. Kindly also consider this DO letter as a notice under Section 80 CPC. Regards Place: Gurgaon Date: 13th January 2014 Sarvadaman Singh Oberoi 1102/Tower 1 The UniworldGarden Sec 47, Gurgaon-122018 Mob: 9818768349
  7. 7. 7 Copy to:1. Dr V Rajagopalan, I.A.S., The Secretary, Ministry of Environment and Forest, Govt. of India CGO Complex, Lodhi Road, New Delhi 110003 vrg.iyer@nic.in 2. Dr. Sudhir Krishna, I.A.S., The Secretary Ministry of Urban Development, Govt. of India Nirman Bhawan, Maulana Azad Road New Delhi 110008 secyurban@nic.in 3. Ms Naini Jayaseelan, I.A.S., The Member Secretary, National Capital Region Planning Board Ministry of Urban Development, Govt. of India Core-IV B, First Floor, India Habitat Centre, Lodhi Road, New Delhi 110003 ncrpb-ms@nic.in 4. Sh SC Choudhary, I.A.S., The Chief Secretary, Govt of Haryana, Haryana Secretariat, Chandigarh 160001 cs@hry.nic.in