Did DUAC indeed give clearance to the CWG village as reported widely by the media?

Dear Friends,

You may have seen media reports about the CWG village having finally got clerance from the DUAC. The facts are quite different from what has been reported as would become clear once one peruses the minutes of the 1295th meeting of the DUAC. (enclosed).

Please go to point 10 in the minutes regarding "Completion plans in respect of Commonwealth Games Village near Akshardham Temple". It will become clear to any one reading it that it is more a result of some kind of arm twisting of the DUAC by the MoUD that has resulted in this sham of a clearance, reported so widely by the media without actually mentioning that the DUAC has actually not changed its earlier stand and hence the clerance at best is conditional.

This is yet again a classic example of how the key regulatory bodies in the land are often brow beaten by their controlling ministries and more importantly how the media is managed time and again.

That the DUAC has only cleared the proposal under Sec 11 (1) of its functions but not under Sec 10 (2) becomes clear only when one reads the content of Sec 11 (2):

1. Subject to -the provisions of sub-section (I), it shall be the duty of the Commission to scrutinize, approve, reject or modify proposals in respect of the following matters, namely :-

a. development of district centers, sub district civic centres, community centers, areas earmarked for Government, administrative buildings and for residential complexes, public building/complexes on more than 2 hectares in area, or taller than 26 mts. in height, or having plot area more than 1000 sqm abutting 24 mt. or more wide road ;

Clearly it was wrong on the part of the MoUD to ask the DUAC to weigh the proposal only under Sec 11 (1) of its statutory Functions.

So much for the state and powers of the "statutory regulatory bodies" in the and.......??????


Manoj Misra
Convener




 


MINUTES OF THE 1295th MEETING OF THE DELHI URBAN ART COMMISSION HELD ON
WEDNESDAY, DECEMBER 14, 2011 (Only CWG village portion is mentioned here)

SL. No.

10

PROPOSAL

Completion plans in respect of Commonwealth Games Village near Akshardham Temple.

OBSERVATIONS /SUGGESTIONS DECISION REMARKS

1. The DO letter no.A-11013/9/2011-DD1A dated November 29, 2011 received from Secretary, Ministry of Urban Development on the subject was taken note of wherein the Secretary (UD) has suggested for re-visiting the position keeping in view the framework of section 11(1) of the DUAC Act 1973 and send DUAC comments as a general policy issue.

2. The Commission at its meetings held on August 10, 2011 and August 24, 2011 did not scrutinise the proposal and the same was returned to DDA, since the DDA had not given due certification with regard to conformity of the proposal to master plan/building bye-laws and other regulatory provisions. (Refer Annexure I & II).

3. In view of the above letter of the Secretary (UD) Ministry of Urban Development, the Commission reconsidered the proposal and the Commission finds the proposal acceptable as per provisions of Section 11(1) of the DUAC Act 1973 from the point of view of aesthetic quality of urban and environmental design. The Commission, however, reiterates the observations made earlier (on August 10, 2011 and August 24, 2011) as far as regulatory aspects are concerned, which need to be dealt separately by the competent authority.

DECISION

The Commission finds the proposal acceptable as per provisions of Section 11(1) of the DUAC Act 1973 from the point of view of aesthetic quality of urban and environmental design. The Commission, however, reiterates the observations made earlier (on August 10, 2011 and August 24, 2011) as far as regulatory aspects are concerned, which need to be dealt separately by the competent authority.

REMARKS

It was decided to initiate action without awaiting confirmation of the minutes of the meeting.



List of participants at Commission's meeting held on December 14, 2011.
(A) Delhi Urban Art Commission (DUAC)
1. Shri Raj Rewal, Chairman
2. Smt. Sonali Bhagwati, Member
3. Shri Satish Khanna, Member
4. Shri Eric P. Mall, Member
(B) New Delhi Municipal Council (NDMC)
1. Shri G.K. Rao
(C) Municipal Corporation of Delhi (MCD)
1. Shir Deepak Kumar
2. Shri D.D. Singh