Give us back our green patch (The Hindu 05 January 2012)

Can the ‘sovereign' actively and knowingly violate the laws of the land? Take the case of Delhi's Zone 0. It is spread like a green ribbon over 97 sq km of the national Capital and is categorised as the River Yamuna zone under Delhi's Master Plan. Stretching between the Ring Road in the West and the Bund Road in the East, the plans for this zone, meant for its ‘greening' never provided for a ‘bus depot'. But that's what was set up thanks to the Commonwealth Games 2010.
At Yamuna Jiye Abhiyaan (YJA) we followed up the matter closely and the facts that our enquiry threw up were shocking, to say the least.
Story so far
The saga dates to end 2007 when the Delhi Transport Corporation (DTC) first approached the Delhi Development Authority (DDA), for “allotment of land for idle parking of 300 buses during Commonwealth Games 2010”. DDA in turn suggested four sites (see map) to the DTC, three of which (Site II, III and IV) lay in the Zone O. After a joint site inspection and meeting in November 2007 the Site II measuring 10 acres opposite the Millennium Park in Zone O was selected by the DTC. It may be noted that the DDA while suggesting the said options had clearly stated in its letter dated October 16, 2007 that “one of these sites shall be made available to the DTC purely on temporary basis to be taken back by DDA after the games.” What we fail to understand is that when a site marked P (parking) spread over 6 ha (15 acres) and lying between the CWG village site and the Akshardham already existed then why was it not identified as the most appropriate and made available to the DTC?
Later on, on August 18, 2008 subsequent to a number of meetings held between DDA and DTC all through the year, the DDA made an offer to DTC for space near Mayur Vihar District Centre for temporary parking which could later be converted into a bus depot as the zonal plan provided for it.
While all this back and forth between DTC and DDA was going on, Lt. Governor (LG) of Delhi, Tajendra Khanna agreed on Feb 24, 2009, for temporary allotment of Site III lying in Zone O with five strict conditions. These included that the “land will remain with DDA/Govt. and will be licensed to Government of Delhi/DTC for temporary stabling of buses till one week after the Games are over.”
Alerted by these developments, YJA sent two letters on June 22 and 23, 2009 to the LG, in which the site marked as P lying behind Akshardham was highlighted for consideration. We also expressed the fear that “many a times what begins as a temporary feature soon enough becomes a permanent one with the agency owning it finding one or the other excuse to keep it going.” (Little did we know then how prophetic these fears would ultimately prove to be.)
In response YJA received a letter on July1, 2009 from the office of the LG stating: “Considering the security threat perception prevailing in the region and security arrangement for the athletes during the CWG-2010, temporary parking for about 300 buses near Games Village has been permitted by the LG, Delhi. This parking lot is to be used during the CWG 2010 only for 2-3 weeks. It is assured that this will purely be a temporary arrangement and there is no question of any concretisation of the river bed on this account. Further, there is no proposal by DTC for any other bus depot on the Yamuna river bed. LG Delhi himself is extremely sympathetic towards the Yamuna river bed and would never allow anything which would adversely affect the eco-system of the Yamuna.”
Some revelations
Subsequent responses to RTI queries reveal that sometime in 2009, Site II opposite the Millennium Park (also known as IP Park) in Zone O was finally chosen. The Indraprastha Power Generation Co Ltd (IPGCL), which had the possession of the said land, handed over 60 acres of the land under LG's directions to the DTC with a condition that the “transfer of land is purely on temporary basis and vacant possession of same shall be given back to IPGCL after CWG 2010.”
YJA, on observing large scale construction work going on in Zone O sought reassurances through a letter to the LG dated April 23, 2010. A response dated May 5, 2010 received from the LG's office with a copy marked to DDA, DTC and others clearly stated, “It is to confirm that the bus parking facility opposite the I.P. Park will be a temporary arrangement for the DTC for the duration of the CWG-2010 and there is no plan for any permanent structures. The structures are supposed to be completely removed post games.”
Thus when on September 18, 2010, the media in the city quoted the DTC sources on having created the world's largest bus depot spread over 60 acre plot and constructed at Rs 61 crores, it came as an incredulous shock to us at YJA. Did the Master Plan of Delhi and the authority and words of the LG of Delhi carry any meaning at all?
Thus once the games were over the YJA was compelled to bring to the notice of the Prime Minister through a letter dated October 16, 2010, the ill intent and the illegalities involved in the matter.
On November 3, 2010, a team from Delhi Urban Art Commission (DUAC) led by its Chairman, KT Ravindran made a site visit to the bus depot. Post the visit, the DUAC, whose directions are binding in nature directed both the DDA and the DTC as follows: “Since it was built as a temporary facility for the Commonwealth Games, the Yamuna river bed should be restored to its original form and the existing structures and hard top road surfaces should be demolished and removed immediately.”
On January 29, 2011, a letter from the Principal Secretary (Transport), Government of National Capital of Delhi (GNCTD) to YJA admitted that the bus depot in question is ‘temporary' and that the government shall shift it but only when alternate land has been given by the DDA. In this context the alternative suggested way back in 2008 by the DDA to DTC near the Mayur Vihar District Centre is pertinent. It is also pertinent to note whether the DDA would have been as oblivious of DTC's illegal presence on the river bed, had the latter been a private entity?
The intent of the DTC and GNCTD was further nailed by the PM appointed Shunglu Committee which went into the wrong doings connected with the hosting of the CWG 2010 and which in the context of the bus depot observed: “It appears as if the hosting of CWG provided a pretext for ‘land grab' by various Government Agencies after short circuiting the established rules and procedures.”
Against evidence presented above, should an illegal occupation of land in Zone O be allowed to persist?
What's a bus depot doing in a place demarcated as a ‘river zone' in Delhi's Master Plan? Manoj Misra, Convenor of Yamuna Jiye Abhiyaan, recounts his ongoing battle to restore the area to its pre-Common Wealth Games status.