IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
*
INDEX
CIVIL MISC. APPLICATION ……………………………….2013
(Under Section 151 of the Civil Procedure Court)
On behalf of the Petitioners- Applicants
IN
CIVIL MISC. WRIT PETITION (PIL) No. 31229 of 2005
(Under Article 226 of the Constitution of India)
(DISTRICT: VARANASI)
Kautilya Society& another ……………………..Petitioners
VERSUS
State of Uttar Pradesh & others ………………….Respondents
Sl. No / Particulars / Dated / Annexure No. / Page No.1 / Misc Application / 1-6
2. / Affidavit on behalf of Petitioners / 7-21
3. / ID of Deponent / 22
4. / Annexure 1: Pages from the VDA file on the owners of Darbhanga Palace (Respondents 6 to 8 of this PIL) / 1 / 23-50
5. / Annexure 2: Order of the Hon’ble High Court dated 24.2.2011 / 2 / 51-59
Dated:
(Vrinda Dar)
In person
General Secretary, Kautilya Society,
D-20/21, Munshi Ghat, Varanasi
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
IN
CIVIL MISC. APPLICATION ……………………………….2013
(Under Section 151 of the Civil Procedure Court)
On behalf of the Petitioners- Applicants
1.Kautilya Society,
D20/21, Munshi Ghat, Varanasi,
Through its General Secretary,
Mrs. Vrinda Dar.
2.Mrs. Vrinda Dar, D/o V.K. Dar,
General Secretary, Kautilya Society,
D20/21, Munshi Ghat, Varanasi
………………Petitioners-Applicants
VERSUS
1.State of Uttar Pradesh, through
Principal Secretary, Department of Culture,
Civil Secretariat, U.P. Lucknow.
2.The Secretary, Department of Housing and
Urban Development, Government of Uttar Pradesh,
Civil Secretariat, U.P. Lucknow.
3.Varanasi Development Authority, Varanasi,
through its Chairman/commissioner,
Varanasi Division, Varanasi.
4.Secretary, Varanasi Development Authority,
Varanasi.
5.Capt. R. Vikram Singh, Secretary,
Varanasi Development Authority, Varanasi.
6.ShriApurva Kumar.
7.Shri Vivek Kumar.
8.Shri Manish Kumar.
9. Ministry of Environment and Forests, Union of India, New Delhi
Respondents No.6 to 8 through their Attorney,
Shri Mahendra Shah, R/o D-20/17-A,B,C.,
Dashashvamedh, Varanasi. …………....Respondents.
To,
The Hon’ble the Chief Justice and his other companion Judges of the aforesaid Court.
The humble application on behalf of the petitioners-applicants most respectfully showeth as under:-
- THAT on the facts & circumstances disclosed in the accompanying affidavit it is expedient in the interest of justice that this Hon’ble Court may kindly be pleased to :-
i)To declare the two maps of the Darbhanga Palace that were sanctioned by VDA, i.e. the map dated 26.04.1997and thecompounding map sanctioned by VDA dated 3.03.2005, as “null” and “void”, since (a) the VDA has already cancelled the Darbhanga map dated 26.04.1997 as it was based on false facts that Darbhanga Palace owners submitted to VDA, and (b) the map dated 3.03.2005 was a compounding map whereas the VDA had no authority to compound a “new construction” built in the heritage zone of Varanasi, i.e. within 200 metres of the Ganga river bank and within 300metres of an ASI protected monument, and identified as such in the Master Development Plans of the VDA. That these maps have been used by the VDA for justifying and skirting around gross violations of civil laws and byelaws;
ii)To give suitable direction to restore the legality of the Darbhanga Palace through the demolition of the four floor new illegal construction in the rear portion (Western side) of the Darbhanga Palace and that the Darbhanga Palace is restored to the original two-floor height, width and covered area as documented in the Darbhanga Palace Sale Deed executed on 24 May 1995; the building’s tax assessment document; the description of the building in the Municipal Corporation Register and the old photographs submitted by the petitioner, all specifying that the building has only two floors (Ground and G+1) with 3 halls on Ground Floor and 3 rooms and a courtyard on the first floor.
iii)To issue appropriate orders against the VDA officers for negligence and malafide action and the misuse and abuse of their power to authorize the compounding of the Darbhanga Palace in an area where compounding was not permissible and to cover illegalities (already recorded in the VDA records of the Darbhanga Palace) of the new constructions made in the rear (Western portion) of the Darbhanga Palace.
iv)To issue appropriate orders against the VDA officers who are responsible for giving inaccurate and misleading responses by filing affidavits to the Hon’ble High Court and for concealing relevant and important facts and documents and even giving false facts and misleading statements, thereby attempting to give cover to the illegal constructions of the Darbhanga Palace and other illegal constructions on the Ganga riverfront.
That this application is being filed today i.e. ______in the Registry and the same will be taken up by the Hon’ble Court on______
PRAYER
It is humbly prayed to this Hon’ble High Court:
i)To declare the two maps of the Darbhanga Palace that were sanctioned by VDA, i.e. the map dated 26.04.1997and thecompounding map sanctioned by VDA dated 3.03.2005, as “null” and “void”, since (a) (a) the VDA has already cancelled the Darbhanga map dated 26.04.1997 as it was based on false facts that Darbhanga Palace owners submitted to VDA, and (b) the map dated 3.03.2005 was a compounding map whereas the VDA had no authority to compound a “new construction” built in the heritage zone of Varanasi, i.e. within 200 metres of the Ganga river bank and within 300metres of an ASI protected monument, and identified as such in the Master Development Plans of the VDA. That these maps have been used by the VDA for justifying and skirting around the gross violation of civil laws and byelaws;
ii)To give suitable direction to restore the legality of the Darbhanga Palace through the demolition of the four floor new illegal construction in the rear portion (Western side) of the Darbhanga Palace and that the Darbhanga Palace is restored to the original two-floor height, width and covered area as documented in the Darbhanga Palace Sale Deed executed on 24 May 1995; the building’s tax assessment document; the description of the building in the Municipal Corporation Register and the old photographs submitted by the petitioner, all specifying that the building has only two floors (Ground and G+1) with 3 halls on Ground Floor and 3 rooms and a courtyard on the first floor.
iii)To issue appropriate orders against the VDA officers for negligence and malafide action and the misuse and abuse of their power to authorize the compounding of the Darbhanga Palace in an area where compounding was not permissible and to cover illegalities (already recorded in the VDA records of the Darbhanga Palace) of the new constructions made in the rear (Western portion) of the Darbahanga Palace.
iv)To issue appropriate orders against the VDA officers who are responsible for giving inaccurate and misleading responses by filing affidavits to the Hon’ble High Court and for concealing relevant and important facts and documents and even giving false facts and misleading statements, thereby attempting to give cover to the illegal constructions of the Darbhanga Palace and other illegal constructions on the Ganga riverfront.
Dated:
[Vrinda Dar]
General Secretary, Kautilya Society,
D-20/21, Munshi Ghat, Varanasi
In person
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
(Petitioners reply to the Affidavit filed by Respondents 3 dated 8th Nov, 2013)
Affidavit On behalf of
Mrs. Vrinda Dar, D/o V.K. Dar,General Secretary, Kautilya Society,
D20/21, Munshi Ghat, Varanasi ------Applicant
IN
CIVIL MISC. APPLICATION No. 31229 of 2005
(Under Article 226 of the Constitution of India)
(DISTRICT: VARANASI)
1.Kautilya Society,D20/21, Munshi Ghat, Varanasi,
Through its General Secretary, Mrs. Vrinda Dar and another------Petitioners
Versus
- State of Uttar Pradesh and others------Respondents
Affidavit of Ms. Vrinda Dar, aged about 50 years, daughter of Late Shri V.K. Dar, General Secretary, Kautilya Society, D-20/21, Munshi Ghat, Varanasi.
……..Deponent
I, the petitioner, above named do hereby solemnly affirm and declare on oath as under:-
- THAT the deponent is the petitioner no. 2 and General Secretary of the Kautilya Society and is looking after the aforesaid case and as such is well acquainted with the facts deposed below.
- That this affidavit is in response to Respondent 3 to the Hon’ble High Court on 8 November 2013.
- That by compounding the new construction in the Darbhanga Palace and by sanctioning a compounding map on 3.03.2005, VDA has formally acknowledged that constructions in the Darbhanga Palace were not merely a “restoration” but were an expansion of the Darbhanga Palace building. All expansions are necessarily new constructions and as such are prohibited (i) within 200 metres of the Ganga riverbanks in Varanasi as per the U.P State Government Order of April 2001;(ii) within 300 metres of ASI protected monuments as per the National Monument Act 1958; (iii) as per the VDA bye laws (Articles 3.1.9 and 3.1.10), (iv) as per the UP Government byelaws (Article 3.2.12). VDA could not, therefore, authorize any new construction in the Darbhanga Palace and also could not compound this new construction. This new construction in the Darbhanga Palace is therefore illegal and must be demolished with immediate effect.
- That, in fact, the Special Secretary, Unit 3 of U.P. Housing and Urban Development, on 21.03.2005, officially admonished the VDA for compounding the Darbhanga Palace map, saying that “the fact that VDA received a compounding fee on 2.03.2005 before sanctioning the compounding map on 3.3.2005, clearly shows that a new unauthorised construction had been made in the original building since the permission was given for “restoration” and not for a “new construction”. Annexure 1, page
- That even when VDA sanctioned the map of the Darbhanga Palace for the first time in 1997, the Darbhanga Palace was located within 300 metres of an ASI protected monument where new constructions were prohibited as per the National Monument Act 1959. Therefore, expansions, new constructions and compounding in the Darbhanga Palace were illegal even in 1997. Therefore, the 1997 sanctioned map has no validity and must be considered annulled and the compounded building must be demolished.
- That in points 5 and 6 of the VDA Board meeting held in the year 14.11.1996 (pgs 81, 82 in affidavit dated 16 July 2013 of Respondents 6 to 8 of this PIL), i.e. before it even sanctioned the so-called “restoration” map of the Darbhanga Palace in 26.04.1997,VDA had already established norms for the restoration of buildings on the Ganga riverfront ghatsin Varanasi, stating that “none whatsoever kind of change could be made in the architectural elements, building material and outer façade” of such buildings and that “demolished portions will have to maintain exactly, as it was, and reinstate original character, form (svarupa) and material of the buildings”. Annexure 1, page
- That it was in coherence with this decision taken by the VDA on 14.11.1996that the VDA made a decision No. 5 of 4.1.1997 with regard to the Darbhanga Palace, in which it stated that the “ground coverage, FAR, height and building frame must be maintained as it was and that no change whatsoever should be made” and that “The outer façade, architectural elements, building material cannot be changed or mutated and the original character and form (svarupa) will be maintained”. In fact, it was in coherence with this that the VDA sanctioned the map of the Darbhanga Palace on 26.04.1997 where it explicitly stated that if the “outer walls of the building are modified or touched, the map would be cancelled.” Annexure 1, page
- That there is absolutely no doubt that the new construction in the Darbhanga Palace is illegal which is why it was included in the list of 57 illegal constructions, that violated the 200 metre restriction along the Ganga riverfront, submitted by the VDA in May 2008 to the Hon’ble High Court and included in the Order, dated 24 February 2011, issued by the Hon’ble Chief Justice of High Court of Allahabad. Annexure 2
- That in the case of a new construction in another building, the Rashmi Guest House, the VDA declares that the new construction of this building is illegal because it is “within 200 metres from the Ganga riverfront and is therefore not compoundable” (on page 23 of VDA affidavit dated 16 July 2013). But in the case of the Darbhanga Palace where the VDA accepts that “in the rear of the Darbhanga Palace there is a new construction” (page 60 of its affidavit dated 18 April 2013) and that it compounded this construction which is also, like the other building, within 200 metres from the Ganga riverfront as well as within 300 metresof an ASI protected monument. If VDA considered compounding the new construction in the Rashmi Guest house as illegal, then how does VDA consider compounding the new construction in the Darbhanga Palace as legal? Why this inconsistency and partiality in the implementation of legislations? Why this purposeful violation of laws?
- That the Hon’ble High Court, through its Order dated 14 March 2013, has already indicated to the VDA that “compounding the building and areas which are not compoundable is nothing but an abuse of the power by the Varanasi Development Authority”. Althoughthe VDA accepts, that “in the rear of the Darbhanga Palace there is a new construction”, VDA does not respond to the question why it compounded an expansion in the Darbhanga Palace that was not compoundable. Instead, the VDA responds that the expansion in the Darbhanga Palace was not very big, that there was “some deviation from the original sanctioned map dated 26.4.1997” and “minor changes” (page 6 and 12 of VDA affidavit dated 8November 2013) and since these changes were not very big, VDA felt they could authorize the compounding of the expansion and, indeed, they went on and did compound the “expansion” on 3.03.2005. Whether big or small, “compounding” was not authorized in the area and in the year that VDA compounded the new construction of the Darbhanga Palace.
- That actually the so called small “deviation” from the original 1997 sanctioned map or the expansion made in the original building of the Darbhanga Palace that, VDA calls only a “replacement of the back wall (western) made on account of some cracks developed while carrying out restoration” was actually not at all “minor” as the VDA states in its affidavit dated 8 November 2013. On the contrary, this “deviation” or “minor change” consisted of a major expansion that amounts to atleast two times the covered area of the building as it was bought in the Year 1995. The so-called small “deviation” and “minor change” has resulted in the transformation of a two-floor building of G+G+1 into a new 4-floor building of G, G+1, G+2 and G+3.
- That in fact, the original building of the Darbhanga Palace was a two-floor building (G and G+1) as is evident in the Darbhanga Palace Sale Deed executed on 24 May 1995 (pages 50 to 160 in Annexure CA 10 of Petitioner’s affidavit dated 29 May 2013); the building’s tax assessment document (pages 161 to 164 in Annexure CA 11 of Petitioner’s affidavit dated 29 May 2013); the description of the building in the Municipal Corporation Register (page 25 in Annexure CA 4 of Petitioner’s Affidavit dated 2 September 2013) and old photographs submitted by the petitioner in previous affidavits, especially in the affidavit dated 29 May 2013; all of the above confirm that the building has only two floors (G and G+1) with 3 halls on the Ground Floor and 3 rooms and a courtyard on the first floor.
- That the VDA was in full knowledge of the fact that the compounded “deviation”was a major expansion is evident from the reports made by the VDA engineersthat are contained in file on the Darbhanga Palace in the VDA records, the facts and truth of which have always been maliciously hidden from the Hon’ble High Court:
- That the VDA Inspection Report dated 2.7.2001 and 4.7.2001, signed by the Chief VDA Town Planner, states that instead of the 3 floor map submitted by the owners of the Darbhanga Palace , only 2 floors were existing”; “instead of replacing one top roof as sanctioned, the owners were replacing two roofs“; “new columns and walls are being raised right from the ground”; that “as part of the new construction in the rear side, new pillars were made and outside walls were raised by 3 feet when map was sanctioned that outer walls would not be touched”; “if the mezzanine on the first floor and the second floor were not existing before, it cannot be sanctioned”; that “in a number of places, the owners are making deviations and there is a new concrete slab being pout on the first floor”. Annexure 1, page
- That another VDA Inspection Report dated 2.11.2001 signed by Shri N.S. Gautum, PrabhariAbhiyanta VDA stated that as compared to the “old layout plan, 10 ft encroachment into the open area on the back side“; “new construction on RCC pillars is replacing the old wall that has been demolished” “only an old 2-floor building is present on-site” of the Darbhanga Palace but that the owners have “taken VDA’s approval for the restoration of a G+2+mezzanine floor by hiding the true facts from the VDA” and that “the status of the site and the photograph make it absolutely clear that the old building was only a 2-floor building” and that thereby “the sanctioned map of 26.4.1997 stands cancelled as per the Section 15 (9) of the U.P. Housing and Development Act”.And the VDA sealed the building on 27.02.2001.