Sir, why allow the good name of DMRC be sullied through subordinate's unprofessional conduct

20 January 2011
YJA/CORRES/1/2011

Dr E. Sreedharan
Managing Director
Delhi Metro Rail Corporation
Metro Bhawan, Fire Brigade Lane,
Barakhamba Road,
New Delhi – 110001.


Sub: Sir, why allow the good name of DMRC be sullied through subordinate's unprofessional conduct

Respected Dr Sreedharan,

Greetings from Yamuna Jiye Abhiyaan.

Sir, DMRC is a much respected and admired body. So it has come as a rude shock to us to find that the DMRC had to resort to submitting incorrect information in 2007 to the Delhi Urban Art Commission (DUAC) to elicit the latter's approval to its plans to raise depot, station and residential complex at the Yamuna Bank.

We say this based on documents in our possession accessed through use of RTI and the affidavit submitted by the DMRC at the High Court of Delhi in the Yamuna Case of 2007. The facts are as under:

a) The designated land use as per the Master Plan of Delhi 2021 in the eastern bank of Yamuna (Laxmi Nagar) in the sub zone between Vikas Marg (ITO Barrage cum Road) and the New Railway Line, where now stands the DMRC Yamuna Bank Complex (Depot,Yard, Alignment and Station) and under construction residential quarters was 'green' (river bed) till 18.6.2008 when the map of the river zone and its draft zonal plan area was made public for inviting public comments by the DDA.

b) A land measuring 26.07 acres in the river bed, where the DMRC alignment stands and where the said residential complex is under construction was sold to DMRC by the UP Irrigation Department on 21.2.2007 with a specific condition that the said land shall be put to use by the DMRC only after getting its designated land use changed from the DDA from the then 'green' into the desired designated use.

c) Two proposals one for the 'interlocking station' and another for 'staff quarters for DMRC' were submitted on behalf of DMRC for prior statutory approval from the DUAC on 15.11.2007 signed jointly by the Chief Architect DMRC and the Architect cum Town Planner vide letter no. KSA/284/2007 and KSA/285/2007.

d) The Proformas for Planning Permission accompanying the above mentioned two proposals mentioned the designated Land Use as per the MPD, the Zonal Plan and the Approved Lay Out Plan as 'DMRC Operational Area'. The Proformas also carried a 'specific certificate that above mentioned information is factually correct and there is no misrepresentation'.

Now Sir, we fail to understand as to how could the land use of a land with existing designated land use as 'green' till 18.6.2008 be certified to be as 'DMRC Operational Area' on 15.11.2007. Clearly there seems a deliberate misrepresentation of facts by the DMRC before the DUAC resulting in the latter approving the said proposals on 19.12.2007.

While we are not privy to the DUAC rules under which penalty if any would result from such misrepresentation of facts, we are aware of the DUAC's understanding as expressed in its1269th meet dated 10 November 2010 that "new residential constructions are not deemed to be 'operational' constructions".

We have also been informed by the DDA vide their RTI response dated 10.12.2010 that the latter (DDA) has 'granted no permission for residential complex and Commercial use to the DMRC at the Yamuna Bank'.

Clearly from the above it seems that your subordinates at the DMRC have not acted in a legal and proper manner to elicit the requisite statutory approvals from the DUAC and it thus not only puts a question mark on the legality of the entire construction/s but bring disrepute to the organisation's work culture.

We also find it odd and its a poor reflection on the scrutiny mechanism at the DUAC that it would have given the permission to the DMRC without ascertaining the full facts from the DDA regarding the land use status of the land in question, specially when during 2007 so much hue and cry in public, including a court case, was on in the city with regard to the state sponsored encroachment/s on the river bed in Delhi.

We are bringing these facts to your kind notice with a firm conviction that a person of your integrity and repute would get the facts as narrated above fully verified and then take necessary corrective measures as deemed fit.

With warm regards,



Manoj Misra
Convener

CC:

Sri Tejendra Khanna, Hon'ble Lt Governor of Delhi – For your kind information necessary action please.

Vice Chairman, Delhi Development Authority – For your kind information necessary action please.


Chairman, Yamuna Standing Committee, Central Water Commission, Sewa Bhawan, R.K. Puram, New Delhi – For your kind information necessary action please.

Chairman, Delhi Urban Arts Commission, India Habitat Centre, Lodhi Road, New Delhi – 110 003 – For your kind information necessary action please.