Please honour your fundamental duties under Article 48 A of the Indian Constitution - Kindly direct the DTC to vacate the river bed

18 December 2010
YJA/CORRES/12/2010

To,

Sri Rakesh Mehta, IAS
Hon’ble Chief Secretary,
Govt. of NCT of Delhi,
Room No. 509, 5th Floor
Delhi Secretariat,
I.P. Estate, Delhi.
&

Hon'ble Vice Chairman
Delhi Development Authority
Vikas Sadan, B Block, 1st Floor
I.N.A., New Delhi

Sub: Please honour your fundamental duties under Article 48 A of the Indian Constitution - Kindly direct the DTC to vacate the river bed
Dear Sir/s,
Greetings from Yamuna Jiye Abhiyaan.
It has now been more than a fortnight since the DUAC directed on 30 November 2010, the Delhi administration and the DDA to remove the DTC depot raised in the river bed for meeting the temporary needs of bus parking for the CWG 2010, with immediate effect as the same was in violation of the zonal plan (which is a statutory document), the DUAC act and the terms and conditions as set by the Hon'ble LG of Delhi.
Since then we find that while there is no movement by the DTC to follow up on the directions of the DUAC, but further construction activity including pollution of the river through draining of the waste water from the said depot continues unabated. (Please see the enclosed pictorial report). May we remind your honour/s that:

a) the MPD 2021 and the Zonal Plan for Zone O do not permit you to continue with the depot in the river bed.

b) even the Hon'ble LG had exceeded his brief (as is clear from the file notings of the case) in allotting you 5-6 acres in the river bed just for the duration of the CWG 2010. And the illegality was further compounded by the state by encroaching onto 61 acres in place of 5-6 acres and then spending public money unnecessarily in the process. This illegal act requires to be enquired into and the offenders disciplined.
c) the DUAC is the most obvious statutory body whose prior approval was mandatory in the matter and which has now unequivocally asked you to vacate the river bed.

d) even the IPGCL which was in occupation of the said land had transferred the possession of the same to the DTC only for the duration of the CWG 2010.

e) a bus depot in the river bed is the most undesirable form of river front that one could visualize in the city.
We now learn from media reports that the DTC has requested the Hon'ble LG to allot it 61 acres elsewhere before it would move away from the river bed. Such an expectation to say the least is immoral, unethical and highly illegal, since the DTC was never allowed by the Hon'ble LG to occupy the 61 acres that it now sits pretty upon.
Sir, please note that by disrespecting the findings and directions of the DUAC you are disrespecting the nation's parliament that has created the DUAC and more so by implication disrespecting the nation's citizenry, in whose name and for whose benefit you hold your respective public offices.
May we now humbly request you once again to kindly direct the DTC to vacate the river bed in pursuance of the DUAC directions.
We are aware that a bus depot for new buses is a need, but the same cannot be fulfilled in a surreptitious and illegal manner and that too in the river bed !
Sir, we have faith in your sagacity to act in the right and hence would be glad to see the desired action in the matter, at the earliest.
Warm regards,
Manoj MisraConvener