YJA - MOEF must account for its share of responsibility for yesterday's (15 Nov 10) building collapse in east Delh (16 Nov. 2010)

To,

Sri Jairam Ramesh,

Hon'ble Union Minister of State (Independent Charge)

Ministry of Environment and Forest,

MOEFNew Delhi

Dear Sir,

Greetings from Yamuna Jiye Abhiyaan.

You may be aware about the tragic incidence with huge loss of life resulting from the collapse of a high rise (5 floored) building in the Lalita Park area of east Delhi. This colony is located in low lying area of the river flood plain just across the East Marginal Bund (also called as Yamuna Pushta).

This tragic incidence proves in the most unfortunate manner a point and serves as reminder to MOEF of its sovereign responsibility still to be shouldered. This incidence also puts a question mark on the safety of other impugned structures like the CWG Village and the DMRC residential high rise standing in the river bed, the structures that would have never come up at such risky sites if the MOEF had taken timely actions.

The point that this unfortunate incidence makes is that the natural character of a river's flood plain cannot be altered by a mere embankment as was regretfully held in 2009 by the Hon'ble SC in its own wisdom in the Yamuna case. And it is the sub surface aquifers, extending to Kms in some cases that play a critical role in the transmission of flood waters to replenish the ground water over large areas. This incidence also re-emphasises though in a tragic manner the fact that the entire east Delhi and NOIDA (UP) are part of the river's flood plains.

This tragic incidence also brings back in to focus the urgent need on the part of the MOEF to enact the long pending River Regulation Zone (RRZ) notification under the EPA 1986 on the lines of the CRZ notification, so that a river and its flood plains get a statutory definition/protection and unwitting people little reason to invite trouble onto themselves.

Sir, we are just back from a visit to areas along the river in the Agra area and it is a real need of the hour in the light of the flood waters of river Yamuna entering the city of Mathura and Agra, for the MOEF to enact the RRZ as a win-win action both for the river as well as the safety of unwitting people who get taken in by the tall claims of the land and real estate mafia which is all out to grab, build and sell the river bed/flood plain as a real estate in absence of the river land's statutory protection. The planned 'development' on either side of the so called Yamuna Expressway and the highly risky high rises coming up in the river bed in NOIDA, Greater NOIDA and Faridabad areas are classic example of such violation of the sanctity of the river's flood plains.

Sir, kindly recall that we had tried to present a similar case for the enactment of RRZ to your good self once before too in the context of the flooding of areas in Ambala and Moradabad in the month of August/Sep 2010.

We hope that MOEF would at least now rise to the occasion and secure our rivers and the lives and property of people, as well.

Warm regards,

manoj misra

Convener

Yamuna Jiye Abhiyaan

YJA - Luxmi Nagar tragedy - Wake up call for the city planners (Letter to LG- YJA 16 Nov. 2010)

To prevent such recurrence, please ask DDA to revisit zonal plans of Zone E, PII and J (S Delhi II)

To,

Sri Tejendra Khanna

Hon'ble Lt GovernorDELHI

Nov 16, 2010Respected

Sir,

Greetings.

We hope and wish that the city planners would take a strong lesson from the yesterday's (15 Nov 2010) unfortunate tragedy of building collapse in the Luxmi Nagar area of East Delhi, a site which your honour is reported to have visited today.

Sir, while the reasons like possible illegality of the said structure and negligence on the part of the concerned officials is a contributory factor, the fundamental reason for such a collapse is its location in the river flood plains.

This tragic incidence also underlie the fundamental truth that the basic nature of the flood plains do not change no matter how many embankments are raised over it. Since it is the state of the aquifers in form of the sub surface water channels that determine the suitability or not, of a site for construction purposes, specially of the high rise variety.

It is well known that while the river zone (Zone O) carries the active flood plain of the river in the city, it is the entire East Delhi (Zone E), parts of south Delhi (Zone J), entire north Delhi (Zone P II) and NOIDA (in UP) that fall in the river's passive flood plain but would always remain vulnerable to flood risks and damage as has been witnessed yesterday in form of the tragic building collapse.

Accordingly we request that let the DDA revisit its zonal plans for Zone E, Zone P II, and Zone J to ensure that there are no provisions that might encourage construction of any high rises in these areas.

Sir, in particular we have concerns regarding the Zone P II (North Delhi) that was in all previous MPDs clubbed with the Zone O (river zone) and hence treated with the same degree of sensitivity as the river. As a matter of fact it is actually a part of the river's active flood plain due to the river's meander and it's previous flow. This area is also at present largely rural and is in a sense the city's granary. So we suggest that the basic character of human habitation in this zone (east of NH 1) may not be allowed to get drastically changed as it is not suitable for high density human habitation and certainly not for high rises. In addition it is close to the river proper with the similar deep layered and unconsolidated mass of sand and silt. In addition it is meeting part of the the food and water needs of the city and hence deserves to be treated with great care by the city planners to ensure that it does not fall prey to the machinations of the land mafia and that of the real estate agents in the name of city's development.

In the specific context of the current tragedy, please allow us to also wonder if the city of Delhi is indeed ready to face the worst case scenario in future? The worst case scenario is a flooded river like in 1947/1978, rain fall of 2010 and an earthquake of an intensity between 6-7 on the richter scale. Let the city planners try and visualize the worst case scenario as above happening at the same time and then work on an action plan to prevent/mitigate the sufferings of the victims in such a situation. The directive of your honour to identify all vulnerable high rises in east Delhi (Shahdara area) is a good beginning but it may actually be made the part of a larger action plan that turns the city into a worst case scenario ready city! By doing so while on one hand Delhi would be making its citizens more securer, it would on the other hand set a fine example for other city's in the country to follow.

We hope that your honour would find merit in these views.

Warm regards,

manoj misra

Convener

L-G poser on temporary shelter for DTC buses (The Hindu-07 Nov 2010)

Staff Reporter
NEW DELHI: The Lieutenant-Governor's office has written to the Delhi Government seeking its comments on the temporary shelter for buses constructed on the Yamuna floodplains.
The presence of the shelter on the riverbed even after the Commonwealth Games got over is in violation of the terms on which the site was allotted to the Delhi Transport Corporation.
“We have been drawing attention to the presence of this bus shelter on the riverbed, yet no action has been taken,” said Manoj Misra, convener of the ‘Yamuna Jiye Abhiyan', a non-government organisation that has been fighting for removal of the temporary shelter.
For the Games
Mr. Misra pointed out that the site was given to the DTC by the Indraprastha Power Generation Company Limited (IPGCL) for temporary parking during Commonwealth Games. “A letter and a map dated November 13, 2009, clearly states that the transfer of land is purely on temporary basis and vacant possession of the same shall be given back to IPGCL after CWG-2010,” said Mr. Misra.
He went on to add: “ Commonwealth Games 2010 were held between October 3 and 14 and it is now almost a month since its conclusion. Yet, there is no attempt being made to rid the floodplains of the structure.”
In a letter to Tejendra Khanna, Chief Minister Sheila Dikshit and Chief Secretary Rakesh Mehta, the YJA has pointed out that over 61 acres of floodplains are being occupied in violation of the L-G's conditions under which the land was temporarily allotted only for the duration of Commonwealth Games.
“The DTC's continuing occupation and concretisation of the land at the site in the river bed is not just in violation of the L-G's orders and the transfer of land by the IPGCL but also in violation of the Master Plan 2021 and all the regulatory agencies and statutory authorities concerned in the matter,” said Mr. Misra.
© Copyright 2000 - 2009 The Hindu

Metro flats on riverbed: DDA, DMRC differ on land use (Times of India 05 November 2010)

NEW DELHI: The housing project of Delhi Metro Rail Corporation (DMRC) on the Yamuna riverbed near Akshardham Temple has run into trouble. Though DMRC claims that change in land use was never required, Delhi Development Authority (DDA) officials told TOI that any housing project coming up on the riverbed needs change in land use and clearance from the agency. Then why no questions were raised by it remains a mystery. The project's former architect, Kuldip Singh, says the agency got conceptual plan approval from the Delhi Urban Art Commission (DUAC) in 2008. Singh said the housing complex, comprising 90 flats, was part of the original plan from the beginning. ''Though I am no longer associated with the project, I had drawn up the conceptual plan for approval from the DUAC and submitted the same in December 2007. It was a detailed plan, with area statements, use statements, elevations used etc. A model along with photo of the site had been given to the DUAC," said Singh. Interestingly, though, Singh adds that he had advised DMRC about the need for change in land use. DUAC had carried out an inspection of the illegal constructions on the riverbed on Wednesday. According to DMRC, the staff quarters coming up on 39 hectares of land at the Yamuna Bank depot have got all the required clearances from the authorities. ''Land use change was not required as the staff quarters are being constructed on the land allotted to DMRC by the DDA and UP irrigation department for operations-related work. The staff quarters are being constructed for the essential staff involved in operations related work like maintenance of rolling stock, electrical and mechanical works at the Yamuna depot. Similar flats exist at all the other Delhi Metro depots in the city," said a DMRC spokesperson. Manoj Mishra of Yamuna Jiye Andolan refuses to accept this. According to Mishra, both the housing project as well as the Millennium DTC depot, are flouting environmental norms. "According to the Master Plan 2021 (MPD), no new construction on the riverbed is allowed. While the Metro depot and the yard are part of the MPD, the housing project didn't have clearances and there was no change of land use. We had written to the lieutenant governor two weeks ago about the need to restrict constructions on the riverbed... both cases are classic examples of the state encroaching on the Yamuna riverbed," said Mishra. Under the MPD, the Yamuna riverbed is earmarked for green development, with only specific plots like the Akshardham Temple, Commonwealth Games Village, the Metro station and yard/depot and the Indraprastha power plant being given different land uses. Sources in DDA admitted that the re-development of the riverbed under the aegis of the Yamuna River Development Authority is being supervised by the LG, after the notification of zone 'O', the riverbed. Meanwhile, DMRC says it has followed procedures for the housing project. When the matter was raised earlier, the courts had ruled in its favour. ''The high court and Supreme Court had also given the decision in favour of DMRC for constructing a depot, Metro station and staff quarters on the said land. "The permission by the Yamuna Standing Committee was also obtained in its 69th meeting held on September 8, 2005. The Central Water and Power Research Station, Pune, conducted a study and the Yamuna Standing Committee gave clearance for the construction,'' the spokesperson added. Of the 39 hectares, 32 hectares fall under DDA, while the remaining seven hectares is with UP irrigation department.

Millennium Depot land was to be vacated, agrees DTC (Times of India 10 November 2010)

NEW DELHI: In response to an RTI query, Delhi Transport Corporation (DTC) has accepted that the 61.59 acre land on the Yamuna river bed which it is using as the Millennium Bus Depot was meant to be vacated and given back to Indraprastha Power Generation Corporation Limited (IPGCL) as soon as the Commonwealth Games got over. However, having made its intentions to not vacate the land clear, DTC officials now refuse to even discuss the matter. On the plans for the depot attached with the response it is clearly mentioned that "the transfer of land is purely on temporary basis and vacant possession of same shall be given back to IPGCL after CWG 2010''. According to sources, DDA did not issue any allotment letter to DTC for the land and it had been handed over to the corporation by IGPCL which had been using it to dump fly ash. "We have written to both the LG and the chief secretary and highlighted the violation that DTC is intent on carrying on. Despite all that has been said, DTC is refusing to move out and is in fact now claiming it to be one of their biggest depots so far,'' said Manoj Misra of Yamuna Jiye Abhiyan. The bus depot, that is currently being used for parking about 600 DTC buses, also came under the scanner last week when members of the Delhi Urban Arts Commission reviewed various constructions on the river bed, claiming that many of them had not taken the mandatory clearance from them. The land for the bus depot had been allotted amid much controversy with the LG by then having passed a moratorium that no construction would be allowed on the river bed. The bus depot, meant to house buses to be used for ferrying athletes and officials during the Games, got special clearance with the rider that no permanent construction would be carried out. In a letter dated May 5, 2010, Ranjan Mukherjee, OSD to the LG had said, "The bus parking facility...will be a temporary arrangement for DTC for the duration of the CWG-2010 and there is no plan for any permanent structures. The structures are to be completely removed post Games.'' The conditions outlined that there would be no permanent construction, soft parking of compressed earth or perforated paved blocks be used, it was to be given to DTC on lease and no servicing of buses was to have taken place. DTC was to dismantle all structures and move out within 10 days of the Games getting over. DTC sources, meanwhile, maintain that they have no plans of vacating the land and will use it to park 600 AC buses. They did claim that the structure is temporary, including the flooring that was flexible pavement.

Historic Stepwells Full Of Modern Filth (Hindustan Times 08 November 2010)

Stepwells across the Capital lie in ruins, filled more with filth than water. This, despite Delhi recording the wettest monsoon in decades
Despite Delhi witnessing the wettest monsoon in decades, baolis (stepwells) across the Capital continue to present a pitiable spectacle. Under the protection of the Archaeological Survey of India (ASI), these stepwells are filled more with polybags, plastic bottles and filth than water.
Baolis or stepwells form an important part of the Capital's architectural and cultural heritage.These stepwells have been in use for ages as a popular method of water conservation.
While some of the baolis in Delhi are known for their medicinal properties (like the one at Nizamuddin Dargah), others are known for their beautiful architecture (Agrasen ki Baoli). The one inside the Red Fort is unique in design with a huge tank just outside the actual well and steps leading to the tanks from two sides in L-shape.
In connection with a court case, the ASI as a sample showcase, had earlier repaired and revived the Agrasen ki Baoli near Connaught Place.However, it was supposed to carry out similar jobs for the remaining wells across the Capital. The stepwell at Red Fort, for instance, is brimming with water.
Delhi witnessed one of the wettest monsoons this year with 1031.5 mm rainfall as against the normal rainfall of 645.7 mm (data as on Septemberend), as per the Met office.
Source: Hindustan Times By Nivedita Khandekar Historic Stepwells Full Of Modern Filth
Click On "Full Story" For More....
However, when the Hindustan Times visited some of the baolis , it was found that all that the ASI-maintained baolis can hold is not more than a few buckets of rain water out of the total rainfall received.
For instance, the level of water at the Gandhak ki Baoli in Mehrauli at the end of the monsoon was very low.
Mohammad Rizwan (38), a resident of Adhchini and a regular visitor to the nearby Bakhtiyar Kaki ka Dargah, says, "This monsoon, the water level hardly reached the first step of the well. I have been coming here for more than 20 years now. I had never seen the water level so low. The steps are mostly broken and nobody seems to be bothered about repairing them." Echoing Rizwan's sentiments, Surendra Kumar (50), who runs a grocery shop opposite the baoli at Mehrauli, says, "It is not just a maintenance problem. The authorities dug up two bore wells, one each on the south and north side around 10-12 years ago.The water level started going down since then."
The ASI on its part blames the shortage of manpower for the continuing problem. "We agree that the ASI needs to maintain it properly. But with very less people at hand to carry out the work, we are helpless," said a senior ASI official on condition of anonymity as he was not allowed to speak to the media.
"According to an affidavit filed in the court, the ASI had claimed that they would regularly maintain and clean the baolis under their protection," says Vinod Jain of Tapas, an NGO. Jain has been pursuing a case in the Delhi High Court to save the water bodies across Delhi.
All that Jain and others of his ilk feel is the ASI should ideally maintain the 13 baolis across the Capital as promised besides working on the nine-point formula for water harvesting.

NGOs demand relocation of Delhi Metro flats (The Hindu 07 November 2010)

“All the rules, norms are being violated”
Present land use of the area as per the Master Plan is ‘green/agriculture and water body'
The Yamuna crusaders want DMRC to abandon the site and move to an alternate location
NEW DELHI: Citing a looming threat to the Yamuna riverbed, non-government organisations in the Capital are demanding relocation of the Delhi Metro Rail Corporation's upcoming flats away from the river's floodplains.
Members of Yamuna Jiye Abhiyan and Tapas have called for relocation of the construction, citing violations of rules and the threat to the floodplains. The flats, which the NGOs say have come up in gross violation of norms, are to be used by the DMRC as residential quarters for its maintenance staff.
“There is more land available with the Delhi Development Authority just across the site on the Noida Link Road. Earlier also, we requested the DMRC to abandon the site and move to an alternate location,” said YJA convenor Manoj Misra over the weekend.
Even as the DMRC claims to have the required permissions to construct the building, the Delhi Urban Arts Commission will hold a meeting this week to assess the construction. A DMRC spokesperson said it “got the clearance from DUAC for construction of staff quarters on the said land in January 2008,” but a DUAC member refuted the claim.
“DMRC is misleading the public by claiming DUAC approval for the illegal construction of 90 flats on the riverbed. DMRC was only given conceptual approval in January 2008 while being asked to ensure change of land use from the DDA and no sanction for construction has been given. They were supposed to come back to the DUAC for sanction for the construction, but they never did,” said DUAC member Ratish Nanda.
DMRC's other claim that the land use change was not required as the quarters are being constructed on land allotted to DMRC by DDA and the U.P. Irrigation Department for operations-related works has also been refuted. A DMRC spokesperson said: “The staff quarters are being constructed for the essential staff involved in operations-related works like maintenance of rolling stock, electrical and mechanical works at Yamuna Depot.”
However, Mr. Misra disagreed saying: “There are two kinds of land in the riverbed involved here. One is the strip of land along the Yamuna Pushta (now called the Noida Link road) that belongs to the U.P. Irrigation Department. The staff quarters (90 flats) and the Metro Mall by Parsvnath Builders are under construction in this strip of land. The present land use of this strip as per the Master and Zonal Plan is ‘green/agriculture and water body'. The other is the rest of the riverbed/floodplain (khadir) that belongs to the DDA. The DMRC's Yamuna Bank complex that consists of a depot, yard, alignment and station is located here.”
“Any construction in the riverbed in Delhi requires prior approval of the Yamuna Standing Committee (YSC), an executive body of the Central Water Commission. But this is only an executive and not a statutory body. Any construction in the riverbed would also require environmental clearance either from the Union Ministry of Environment and Forests or the State environment department depending on the size of the construction,” he added.
Vinod Jain, founder of non-government organisation Tapas, said even YSC had earlier asked the DDA to offer alternate site to DMRC for construction. “In their (DMRC) affidavit presented in the High Court, they did not specify anything about these staff quarters. It has also been proven that the eastern side of the floodplains -- where these quarters are coming up -- allows more recharge of groundwater than the western part. Keeping the scarcity of water in mind, the DMRC should look for an alternate place,” Mr. Jain said.