ENCROACHMENT COMPLAINTS?
REJIMON C K
Regards
Ramesh Mumukshu
Aashirwad Residents Welfare Association
Janta flats Pkt-b, Sec-16-b, Dwarka-II
New Delhi-110078
To 20.09.09
Shri S.R.Solanki
Chief Engineer
DDA Project Office,
Delhi Development Authority,
Mangla Puri, Palam, New Delhi-1145.
Subject: Request to legalize temple in Janta flats, pkt-b, sec-16b, Dwarka.
Sir,
Residents of our pocket have constructed a temple near gate no.2. SWD-6 lodged a complaint and called PCR on 19.09.09 to take action in this direction because according to the SWD-6 it is an act of encroachment on DDA land. Residents approached RWA to intervene in this matter and I telephoned to Sh. M.P.Sharma and Sh.Sharma, J.E. (SWD-), they said DDA is not allowed any construction on this land. And they further suggested approaching DDA to get land or permission for the religious place in the pocket.
But it is strange episode that DDA should have stopped the construction initially but they did not intervene in the beginning. Residents need religious place and it is duty of your department to take favorable action in this way. Keeping above facts in mind, we request you to legalize the above temple within the framework of your laws. If it is not possible, please provide land for religious purpose as suggested Sh. M.P.Sharma, SWD-6. Along with this, you should start construction all the land lying vacant as per Zonal Plan to avoid this kind of situation and also give direction to your official to take timely action in any case. I hope you take appropriate action in this regard and let us know the status as early as possible.
Thanking you
Yours truly,
(Ramesh kumar Mumukshu)
Gen. Secretary Ashirwad RWA & SADA,
National President of National NGO, Parvatiya Lok Vikas Samiti,
RTI Activist, 9810610400, 01128034334
Aashirwad Residents Welfare Association
Janta flats Pkt-b, Sec-16-b, Dwarka-II
New Delhi-110078
To Date: 21.03.2011
Hon’ble Lt. Governor and Chairman
Delhi Development Authority (DDA),
Vikas Sadan, I.N.A., New Delhi.
Subject: Complaint against defamation by DDA Officials posted in Pkt-b, Sec-16b, Dwarka Phase-II, New Delhi-110078.
Sir,
I would like to draw your kind attention towards the serious matter regarding the act of defamation against me by DDA officials posted in the pocket mentioned in above subject. The matter is related with the issue of unauthorized religious structure in our pocket.
A religious structure was constructed by some residents of our pocket in the month of July-August 2009 near gate no.2, SWD-6 of Delhi Development Authority called police on 19.09.2009 for unauthorized construction and after some time, SWD-6 partially demolished the above structure due to unauthorized construction without any permission from DDA under DDA Act, 1957. During those days DDA spread among the resident that due my interference DDA took legal action against the residents on various issues. It is strange that I always try to establish the rule of law of the country to the best of knowledge and capacity through representation under Right to Information Act. It is the duty of all departments to follow the rules and regulation for better governance and execution of each and every law of the country. Again DDA has started spread my name among the resident that due to my letter or RTI applications DDA compel to take action against resident and other unauthorized structure in the pocket. This is the matter of objection on the part of department that they did a criminal kind of act to defame me, a citizen of India, who tries to execute the rule of law for the betterment of the residents. It is specially mentioned in the ‘Constitution of India’ that conduct of public servant must not express the feeling of defamation in the discharge of public functions and kept it under the category of crime toward the person and the society which may attract the penal provisions of law of land.
I have a strong objection in this way that Why DDA did call police against the structure on 19.09.2009? Why did DDA demolish the structure partially? Why did DDA defame my name and propagate that every thing is perfect but due to me DDA has to take action. I would like to know the meaning of the above statement. It is matter of legal or illegal of DDA and their jurisdiction. It seems to me that DDA try to defend them selves from the fixing the responsibility because without the prior consent, consideration or support of the DDA officials nothing can be done at any cost.
DDA is posted their official to execute the rules and regulation of DDA in order to protect the unlawful activities in the DDA colonies. In the above structure DDA should have taken proper timely action in the beginning under section 11 A, 13, 22A, 30, 31 and 31 A of Delhi Development Act, 1957. But it is strange DDA did not take any action under its jurisdiction and left the structure. DDA can legalize the land and change the land use of land under the rules. I wrote a letter to Sh. S.R.Solanki, Chief Engineer, Dwarka Project, and DDA on 20.09.2009 regarding legalizes the above structure (copy enclosed) but no action has been taken as yet and kept my representation in hibernation.
In the case of unauthorized construction and other unlawful activities, DDA staff posted in the pocket, they forward the complaint to Enforcement Department of DDA and complete their duties without any fear. On the other hand, everything is going on as it is. The above act is only the eye wash and may be some consideration is the main sources of inspiration behind this kind of work, it seems. In this case I told Sh. Dhawan, S.E. HQ, DDA Dwarka Project, Mangla Puri for rectification but nothing came out.
Keeping above fact in mind, I humbly pray following request:-
1. First of all proper legal action should be taken against the officials of SWD-6 7& 9 those defame my name and try to cover their mistake in the name of religious sentiment. It is an act of conspiracy against the citizen of India who tries to establish rule of law. This is an act of grave negligence and irresponsibility of their part. This kind of irresponsible act is always the causes of resentment among the people and further destabilized the socio- religious harmony of the society.
2. People of all religions require religious place for worshipping, but it should be within the frame work of rules of land. No illegal structure should be allowed on the government land, according to Supreme Court verdict, (copy enclosed). So I may request to DDA to provide land for religious purpose legally in order to avoid this kind of situation. No religious place should be allowed without any legal body such as registered trust, organization and other socio-religious body under any act. Individual or group of individuals should not be allowed to construct any religious place. So, kindly legalize the above structure as I requested earlier. Whatever action will be taken, I request you to reply me within 15 days after the receiving the letter.
3. The time has come to provide me detail action taken report of above whole episode from the beginning. Why did DDA call police on 19.09.2009? Why did DDA demolish the structure? Why did DDA allow the structure after the earlier steps? Why DDA officials posted in our pocket or their executives did defame my name and try to conspire against me? Why they said to innocent people that ‘ hume koi etraj nahi hei ye to Ramesh mumukshu hei jisne sare pocket ko paresan kar rakha hei. (We have no object but Ramesh Mumukshu is creating trouble for the entire pocket). Being a citizen of India, I want full and proper explanation of the above statement in detail that what kind of trouble is being created by me, please explain in detail.
I do hope, keeping above fact in mind, Hon’ble Sir, please may give proper direction to take proper action and try to protect the people those are trying to establish rule of law in the country.
Thanking,
Yours truly,
(Ramesh Kumar ‘Mumukshu’)
Gen. Secy. & RTI Activist Mb. 9810610400
Copy to: -
1. National Human Right Commission, New Delhi
2. Hon’ble Union Minister of Home Affair, North Block, New Delhi
3. Commissioner of Police, Delhi Police HQ, Delhi, ITO
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Ramesh Mumukshu
E-Mail/Speed Post
Aashirwad Residents Welfare Association
Janta flats Pkt-b, Sec-16-b, Dwarka-II
New Delhi-110078
Date 02.08.2011
To
The Hon’ble Lt. Governor, Chairman,
Delhi Development Authority, (DDA),
Lt. Governor’s Secretariat.
Ranjnivas, Delhi-110054
Subject: Regarding unauthorized and illegal commercial activities in our Janta DDA flats, Pkt-b, Sector-16,B, Dwarka Phase-II, New Delhi-110078.
Sir,
On the behalf of our RWA and residents, whose signature is enclosed with application, would like to draw your kind attention towards the serious matter regarding unauthorized and illegal commercial activities in our pocket (Janta DDA ftats,Pkt-B, Sector-16,B, Dwarka Phase-II, New Delhi-110078).
It is a matter of great surprise that the usage of our pocket is residential and as per DDA rules and regulation no commercial activities is allowed without any permission, but for the last at least five years the offices of property dealers, eating houses, Taxi Stands, Travel and Tours have been running without any hindrance with the association of DDA staff, SWD-6, 7 & 9.
The story of DDA Division, SWD-6, SWD-7and SWD- 9 including Chief Engineer and other senior officers is praiseworthy how they make government and public fool openly.
The DDA staff, posted in our pocket, lodged (serve notices) complaint against illegal commercial activities to Director, Enforcement, Vikas Sadan and after receiving the report officers of the Director, Enforcement came to our pocket, served the notices, also took the photograph but nothing came out. The shops or offices are still going on under the umbrella of DDA staff posted in the pocket and Director, Enforcement. According to DDA staff posted in the pocket says that they done their duty to complaint to Dir. Enforcement and now it is the duty of Enforcement Department to take legal action as per rule. It is beyond the imagination that what kind of drama has been going on against the Rules and Regulation openly for the last many years.
This is not the mistake of property dealers and other shops like taxi, travel and eating houses in residential flats that are running illegal commercial activities, but it is the grave negligence by the DDA who even crushes the rule of law brutally and allows running illegal commercial activities in residential area.
Sorry to say that you are the Executive Head of the state and it is your constitutional duty to execute the Acts and Rules with the help of government organs like DDA. The DDA officials are being paid handsome salaries with medical cover and other facilities which are arranged through the various taxes deducted from the common masses. If they don’t follow the rule of law and crush the rule brutally, the responsibility as an Executive Head of State can not be ignored.
Prayers
1. Keeping above facts in mind, first of all the departmental enquiry in this regard should be initiated against the Director, Enforcement Deptt. and DDA Dwarka Project so that real culprit can be apprehended and major penalty should be imposed under rules against officials of Enforcement Department and DDA staff (SWD-6, 7 & 9) posted in our pocket including Chief Engineer, Dwarka Project, if find guilty.
2. Further, it is necessary to enquire how many notices and complaints have been served and lodged against the commercial activities in our pocket for the last five years and what legal actions have been taken on those complaints and notices.
3. We are not against the commercial activists in our pocket but it should be covered within the rules and regulations. If you issue permit under the rules and make the commercial activity legal and change the usage as per law, we will be happy. But without any permission and legal status, all illegal commercial activities like property dealers office, taxi stands, travels, hotel, eating house should be stopped and before doing this, all the responsible officials who ignored rule and regulation and allowed above illegal commercial activity in our pocket should be punished. Property dealers, Commercial Vehicle, Taxi Stand and eating house type of illegal commercial activities create trouble in the pocket during the process of subletting the flats to tenants. The illegal activities and violation of rule is the main source of corruption and criminal activities. The people engaged in above illegal activities have muscle and money power and they can influence the system with their might and put pressure on residents due to this letter. We request you to intimate the all actions and reply to us. The is also a violation of your order declared Dwarka as Zero Tolerance on 5th June, 2003 vide orders issued by Mrs. B. Prasad, Secy. to LG. Lt. Governor also formed a Task Force to enforce Zero Violation Tolerance Area consisting CE, DDA (Dwarka) and others. We hope justifiable action and security of innocent residents those wants to protect rule of law. Their safety and security is the moral of constitutional duty of the State.
Thanks
Yours truly,
(Ramesh Kumar Mumukshu)
Gen. Secy. &RTI Activist,
Copy to: - 1. Vice Chairman, DDA, Vikas Sadan, New Delhi
2. Director, Enforcement Department, DDA, Vikas Sadan, N.D.
3. Director, Vigilance, DDA Vikas Sadan, N.D.
Encl: Signature of Residents