File objections to the government and DDA's restrictive policies against farmhouse owners in New Delhi.
January 24, 2013
I would appreciate your assistance in getting the DDA's and the Government's Farmhouse Policy in New Delhi changed and regularized. Our Resident Welfare Association (RWA) at Dera Mandi, and other resident welfare associations have been making representations to the various concerned government departments on this subject.
There is a deadline to make this representation (tomorrow! January 25th, 2013)--and as many people send a representation to the govt, that much more credible will be our response.
We have sent such a letter from the Association listing our objections as well as giving suggestions for the Farmhouse Policy.
Deadline: Midnight, Friday, January 25th, 2013
Here is what you can do to help:
Thank you for your co-operation and support.
Nalin K. Nirula
Objection Letter : Copy-paste the matter below into your e-mail, filling out the blanks for your name, address, telephone number, and at the end of the document replace '(NAME)' with your name.
In the 'Subject' line of your e-mail fill in: "Subject: Objections & Suggestions on DDA Farmhouse Policy Notifications Oct. 26.2012 to Jan 3.2013".
Shri S. K. Srivastava
The Vice Chairman, DDA
1st floor, ‘B’ Block, Vikas Sadan, INA, New Delhi
Sent by E-mail: firstname.lastname@example.org,
cc: email@example.com, firstname.lastname@example.org,
Additional CC BY E-MAIL to:
(1) Shri Kamal Nath, Minister for Urban Development (Ministeremail@example.com)
(2) Secretary, Urban Development (firstname.lastname@example.org)
Dear Shri Srivastava,
Subject: OBJECTIONS to and SUGGESTIONS for : “DDA Public Notice Addendum dated 03.01.2013, File No. F3(103)96/MP, New Delhi, superseding Addendum issued vide Public Notice on 11.12.2012, in continuation to Public Notice issued on 26.10.2012 regarding Farmhouse Policy” (Farmhouse/Country Home policy Gazetted on 30.10.2012)
1. The 26.10.2012 notice mentions that (under Regional Park): All farmhouses constructed before 7.02.2007 are permitted to be regularized (no sanctioned plans needed), whereas farmhouses in Regional Park are specified as needing to have plans sanctioned prior to 7.02.2007 in order to be regularized. This is grossly discriminatory.
2. The reference to an undefined “Regional Park area” came up in the October 30, 2012 notice in reference to the MPD 2021, which does not mention the term ‘Regional Park’. The notification seeks to retroactively and arbitrarily removed farmhouses in that area from the farmhouse regularization scheme that is applicable to all other green areas and farmhouses in Delhi. This is a wholly artificial and unjustified distinction of ‘Regional Park’, and this nomenclature should be removed and the area be treated at par with the whole of Delhi’s green/agricultural area.
3. It must be appreciated that, except for a brief moratorium period, the MCD was not even accepting plans for sanction for several years, thus resulting in the situation that many Farm houses which were constructed prior to Feb. 2007 were unable to get plans sanctioned due to the extant policy of MCD. To now exclude those Farmhouses on the basis that they did not have plans sanctioned prior to that date is thus totally unjust, and this negates the very spirit behind the regularization policy. This only compounds the discrimination against a particular subset of Farmhouses who had no recourse when plans were not even accepted for sanction.
4. Low Density Residential Area Maximum FAR should be at least 30, not 15, as is for the farm regularization scheme for farms elsewhere in Delhi. Not to do so would be discriminatory and arbitrary.
5. The area permitted for EWS at 30 sq. m. per main dwelling unit in addition to permitted FAR is too little and should be at least 100 sq.m. based on the practical consideration of giving the EWS sufficient space to live with dignity at their work. There is no definition of “main dwelling unit” and this should be defined.
6. There should be a total area sanctioned for EWS at the rate of 100 sq.m. per 0.40 hectare with no requirement and limitation of having more/any ‘main’ dwelling units, since 0.4 hectare is notified as minimum plot area . This is because larger farmhouses will need more workers and extra space for them, and since it is a mater of practical utility, the number of ‘main’ dwelling units cannot determine the overall EWS residential area, but the practical requirement need. Therefore an overall sanction that 100 sq.m. per 0.4 hectare for EWS should be allowed on the basis of the rational reasons and points of and practical considerations given here, as well as the humane considerations.
7. In the section of “other controls” for farmhouses, the control limitations should not apply to already built structures that are to be covered under the farmhouse regularization scheme notified on October 30, 2012.
8. The 03.01.2013 Notification lists 32 villages of the area that are classified as approved for Low Density Residential Area, but excludes the farmhouses falling in the arbitrarily mentioned and undefined Regional Park. As per the Farmhouse/Country Homes policy on DDA’s website and the DDA’s Public Notifications, many farmhouses in the Dera and Mandi Villages will be regularized and classified in effect as as Low Density Residential Area, even though covered by the arbitrary excluding classification of Regional Park. Such contradictory and unjustified discriminatory application of rules must be rectified..
9. The 03.01.2013 Notification clause (iv) of Note states: “In villages located in Regional Park, approved Farm Houses sanctioned prior to 01.08.1990 (ie. Date of enforcement of Master Plan 2001 and delineating the boundary of Regional Park) may continue.” In this connection we point out that:
a. Master Plan 2001 has no mention or definition of Regional Park.
b. No boundary of Regional Park has been delineated or declared, hence this is an invalid declaration.
c. There are sanctioned plans for farmhouses after 01.08.1990—as was done in 1998, and if DDA excludes these from the regularization policy, it will be patently illegal. Further, the October 30, 2012 official Government of India Gazetted notification states that all farmhouses sanctioned prior to 7.2.2007 shall be regularized, hence the cut-off date of 01.08.1990 is infructuous and needs to be corrected.
10.Given these considerations, it makes no sense that “villages located in Regional Park” should be excluded on the basis of being in the Regional Park. As explained, in our points 1, 2 & 8, this classification of Regional Park is artificial, and a retroactively discriminatory distinction against selected farmhouse owners, whereas their neighbors and others in the same area classification will be allowed regularization under existing policy. This is inequitable and unjustified. The ‘Regional Park’ classification should be removed completely, and the policies that apply to other green/agricultural areas of Delhi should equally apply to this area. Therefore, the villages of Dera and Mandi should therefore also be included in the list of notified Low Density Residential Area and this may be so notified in a public notice.
11.Clear policies and non-discriminatory measures will avoid unnecessary harassment to hundreds of farm owners in the area affected by these anomalies of policy, as also avoid corrupt practices. It will also avoid demonstrations and movements of public resentment and dissatisfaction against government, and costly time consuming litigations that are bound to arise if such arbitrary and discriminatory provisions as notified are sought to be enforced.
Here are download links for the key notifications by the DDA and Government regarding Farmhouse Policy in New Delhi.