Palika Kendra : New Delhi

ITEM NO. 1

Confirmation and signing of the minutes of last Council’s Meeting No. 02/2002-2003, adjourned at 11-00 A.M. and again held on the same day at 11-30 A.M. on 24.05.2002 (See pages 2 - 8) at Committee Room, Palika Kendra, NDMC.

COUNCIL’S DECISION

Confirmed, subject to the modification that in decision to item No. 3(xix), the figure be read as Rs. 120/- instead of Rs. 240/-.

NEW DELHI MUNICIPAL COUNCIL

PALIKA KENDRA : NEW DELHI.

MINUTES OF THE COUNCIL’S MEETING NO. 02/2002-2003

DATED 24.05.2002 AT 11-00 A.M.

MEETING NO. / : / 02/2002-2003
DATED / : / 24.05.2002
TIME / : / 11.00 A.M.
PLACE / : / PALIKA KENDRA, NEW DELHI.

PRESENT :

1. Sh. Subhash Sharma : Chairman

2. Sh. Ram Bhaj : Vice-Chairman

3. Sh. M.P. Chawla : Member

4. Smt. Mohini Garg : Member

5. Sh. Arun Baroka : Secretary, N.D.M.C.

The meeting was adjourned for want of quorum.

SECRETARY CHAIRMAN

NEW DELHI MUNICIPAL COUNCIL

PALIKA KENDRA : NEW DELHI.

MINUTES OF THE ADJOURNED COUNCIL’S MEETING NO. 02/2002-2003 DATED 24.05.2002 AT 11-30 A.M.

MEETING NO. / : / 02/2002-2003
DATED / : / 24.05.2002
TIME / : / 11.30 A.M.
PLACE / : / PALIKA KENDRA, NEW DELHI.

PRESENT :

1. Sh. Subhash Sharma : Chairman

2. Sh. Ram Bhaj : Vice-Chairman

3. Sh. M.P. Chawla : Member

4. Smt. Mohini Garg : Member

5. Sh. Arun Baroka : Secretary, N.D.M.C.

S.No. / ITEMS / PROCEEDINGS
1. / Confirmation and signing of the minutes of Last Council’s Meeting No. 1/2002-2003 held on 24.04.2002 at 11.00 A.M. / Confirmed.
2. / Reply to Admitted Questions under section 28 of the NDMC Act, 1994. / No question was asked.
3 / PROPOSALS FOR CONSIDERATION BY THE COUNCIL.
3 (i) / Lok Adalats to be held by NDMC. / Deferred.
3 (ii) / Conversion of TMR Workers into RMR. / Information noted.
3 (iii) / Augmentation of Sewerage in various NDMC Area. SH :- Replacement of Old 350 mm dia RCC pipeline WITH sw pipe from R.K. Ashram Marg to Bangla Sahib Road, passing through Type-I Quarters, Telegraph Square & Doctor Lane. – Preliminary Estimate thereof. / Resolved by the Council that administrative approval and expenditure sanction to the preliminary estimate amounting to Rs.10,96,000/- is accorded.
3 (iv) / Strengthening of water supply system in NDMC area.
SH : Construction of additional Tank adjacent to BD Block, Sarojini Nagar. Preliminary Estimate. / Resolved by the Council that administrative approval and expenditure sanction to the preliminary estimate amounting to Rs.12,17,000/- is accorded.
3 (v) / Cleaning, sweeping and scavenging of Palika Bazar Shopping Complex, New Delhi. Approval of Preliminary Estimate thereof Rs. 10,24,700.00. / Resolved by the Council that administrative approval and expenditure sanction to the preliminary estimate amounting to Rs.10,24,700/- is accorded.
3 (vi) / Construction of Working Girls Hostel at Bhagwan Dass Lane, New Delhi – Revised Estimate thereof. / Resolved by the Council that administrative approval and expenditure sanction to the revised preliminary estimate amounting to Rs.2,35,04,000/- (Rs. two crore thirty five lacs four thousand only) with net excess of Rs.1,11,32,000/- (Rs. one crore eleven lacs thirty two thousand only) is accorded.
3 (vii) / Strengthening and resurfacing of roads in NDMC area. SH : Resurfacing of Shershah Road and Shahajahan Road, New Delhi. / Resolved by the Council that action taken to award the work to the lowest contractor M/s. Sanjeev Kr. & Bros. At their negotiated amount of Rs.26,82,764/- (Rupees twenty six lacs eighty two thousand seven hundred sixty four only) which works out to 18.83% above the estimated cost of Rs.22,57,627/- is approved.
3 (viii) / S/R of Roads in NDMC Area. SH : Providing Mastic Asphaltic Concrete at :
1. In front of Park Hotel at Palika Kendra entrance at Sansad Marg
2. Bengali Market roundabout
3. K.G. Marg and Ferozshah Road intersection
4. K.G. Marg and Canning Road intersection / Resolved by the Council that administrative approval and expenditure sanction to the revised preliminary estimate amounting to Rs.26,83,125/- (Rs. twenty six lacs eighty three thousand one hundred twenty five only) with net excess of Rs.6,95,725/- (Rs.six lacs ninety five thousand seven hundred twenty five only) is accorded.
3 (ix) / Contracts/Schemes involving an expenditure of Rs.1 lac but not exceeding Rs.10 lacs. / Information noted.
3 (x) / Action Taken Report on the status of ongoing Schemes/Works approved by the Council. / Information noted.
3 (xi) / Licensing of electric poles for display of advertisements in NDMC area determination of licence fee – Case of M/s Adwel Advertising Pvt. Ltd. / Resolved by the Council that determination of license fee will be done after consideration of the following :
(a) Verification of the number of poles by the Electricity Deptt., NDMC and
(b) Opinion by the Law deptt. as to whether accepting option ‘C’ as proposed in the agenda would prejudice the interests of NDMC, particularly in the light of the stand taken by NDMC before the High Court.”
3 (xii) / Improvement of Solid Waste Management in NDMC Area – Garbage Station. / Resolved by the Council that similar terms of allotment should be followed as followed in the previous schemes.
3 (xiii) / Construction of Auto-Workshop at Sarai Kale Khan, Ring Road, New Delhi.- Preliminary estimate thereof. / Resolved by the Council that administrative approval and expenditure sanction to the preliminary estimate amounting to Rs.4,55,62,000/- is accorded.
3 (xiv) / Improvement to Navyug School, Moti Bagh. SH : Const. of Science Laboratories. - Preliminary Estimate Thereof. / Resolved by the Council that administrative approval and expenditure sanction to the preliminary estimate amounting to Rs.14,97,000/- is accorded.
3 (xv) /

Navyug School in Gole Market, DIZ Area, New Delhi. SH:- C/o boundary wall with M.S. Railing on land allotted for Navyug School at Gole Market, New Delhi.

Preliminary Estimate. / Resolved by the Council that administrative approval and expenditure sanction to the preliminary estimate amounting to Rs.10,35,400/- is accorded.
3 (xvi) / Augmentation of Sewer Line in various NDMC Area. Shifting of sewer connections at Gurudwara Rakab Ganj Road and adjoining area. Revised Estimate thereof. / Resolved by the Council that revised administrative approval and expenditure sanction to the revised estimate amounting to Rs.13,88,200/- is accorded.
3 (xvii) / 9-Suspense stock during 2001-2002.
SH: Supply of Synthetic Enamel Paint( ISI Marked). / Resolved by the Council that negotiated offers of M/s. Oriental Colour & Paint (I) Ltd. for supply of Brilliant green, Synthetic Enamel Paint at their negotiated amount of Rs.2,68,800/- and M/s. Moonlight Paint Ind for supply of Ultra While, Synthetic Enamel Paint at their negotiated amount of Rs.1,89,200/- and M/s. Brite Paint & Chemicals for supply of Sky Blue , Synthetic Enamel Paint at their negotiated amount of Rs.1,36,500/- and M/s Super Aquacem (I) Pvt. Ltd. for supply of black synthetic enamel paint at their negotiated amount of Rs.3,82,480/- and M/s. Moonlight Paints & Chemicals for supply of Golden Yellow synthetic enamel paint at their quoted amount of Rs.5,54,400/- are accepted. It was also decided that letter of award be issued in anticipation of the approval of the Council.
3 (xviii) / Strengthening And Resurfacing Of Roads In NDMC Area. SH: Providing central verge with M.S. Railing at BHS road in front of Pilanji village (between Indira Niketan and A-Avenue, Sarojini Nagar). / Resolved by the Council that administrative approval and expenditure sanction to the revised preliminary estimate amounting to Rs.10,80,800/- (Rs. ten lacs eighty thousand and eight hundred only) is accorded.
3 (xix)
3 (xx) / Strengthening and Resurfacing of Roads in NDMC area. SH : Providing and fixing of prefab interlocking cement concrete pavers at South Market, East Kidwai Nagar. New Delhi. / Resolved by the Council that administrative approval and expenditure sanction to the preliminary estimate amounting to Rs.10,15,100/- (Rupees ten lacs fifteen thousand and one hundred only) is accorded.
3 (xxi) / Investment Policy of NDMC : Minutes of the Meeting held under the said policy of the Council laid down by Resolution No. 3 (iii) dated 5TH Nov., 1996, r/w Resolution No. 3(i) dated 27.03.2002. / Information noted.
3 (xxii) / Strengthening and resurfacing of roads in NDMC Area. SH: Construction of footpath at K. G. Marg (From Rajiv Chowk to C-Hexagon). / Resolved by the Council that administrative approval and expenditure sanction to the preliminary estimate amounting to Rs.19,05,000/- (Rs. Ninety lacs five thousand only) is accorded.
3 (xxiii) /

Development of area around State Emphoria Building at BKS Marg. Preliminary Estimate thereof

/ Resolved by the Council that administrative approval and expenditure sanction to the preliminary estimate amounting to Rs.98,11,100/- (Rs. Ninety eight lacs eleven thousand one hundred only) is accorded.
3 (xxiv) / Removal of contradictions in the allotment of Pan Tharas in NDMC area. / Item deferred. Council shall consider this matter after it has been verified that the proposal in the agenda would in no way violate the orders of the Hon’ble Supreme Court.
4. / RESOLUTIONS.
4 (i) / SUPPLY OF INSUFFICIENT WATER BY MCD TO NDMC. / The New Delhi Municipal Council resolved that the Delhi Jal Board be requested to restore the water supply of pre-1998 i.e. 140 million litres per day to NDMC area.

SECRETARY CHAIRMAN

ITEM NO. 2

REPLY TO ADMITTED QUESTIONS UNDER SECTION 28 OF THE NDMC ACT, 1994.

COUNCIL’S DECISION

No question was asked.

ITEM NO. 3

PROPOSALS FOR CONSIDERATION BY THE COUNCIL.

Contd……

ITEM NO. 3 (i)

Payment of Rs. 2.70 crores to Indian Tourism Development Corp. towards cost of construction of additional rooms in Akbar Bhawan, New Delhi

1. NDMC allotted a Hotel space duly constructed by it to ITDC popularly known as Akbar Hotel at Chanakyapuri, New Delhi for a period of thirty (30) years on licence fee basis w.e.f. 01.11.70. At the time of initial allotment to ITDC the building was having 137 rooms only.

2. As per clause 3 of the licence deed dt. 4th January 1980 executed with ITDC, ITDC was allowed to construct 150 additional rooms at their own cost. After taking over the Building, ITDC with prior permission from NDMC, constructed an other block containing 150 rooms in the building. The cost of construction of these rooms was borne by ITDC and it was agreed that ITDC would pay revised licence fee @ 11% of turn over multiplied by 300 / 313 or Rs. 15 lacs whichever is higher. As per the terms of the licence deed, the newly constructed block vested with NDMC for all practical purposes.

3. In the year 1986, the ITDC handed over the entire space to Ministry of external affairs without prior approval of the NDMC. Since possession of the building was handed over by ITDC to MEA directly, there was no formal settlement of terms & conditions between NDMC and MEA. In the absence of any formal settlement, MEA did not make any payment for a year on account of license fee to NDMC.

4. As no license fee was forthcoming from MEA, NDMC made a representation to Ministry of Urban Development and on its persistent demand and their behalf, a meeting at the level of Secretary, Ministry of External Affairs was arranged in 1987. In this meeting it was decided that MEA would make an on account payment of Rs.6.75 per sq. ft. per month on carpet area basis to NDMC for the building occupied by them. While taking a decision on this, it was also decided that CPWD would re-assess the fair market rent payable by MEA.

5. Subsequently, the dispute on payment of licence fee was dragged on and issued was once again taken-up at the level of Cabinet Secretary, in which it was pleaded by NDMC that since Akbar Bhawan was a building of 5 star category and centrally air-conditioned; the license fee should be suitably enhanced.

6. As a follow up of the above, DG (Works), CPWD, intimated that market rent in respect of Akbar Bhawan would be Rs.7.66 per sq ft. per month for upper floors and Rs.5.72 per sq ft. per month for the basement. The total area for upper floors was measured as 297527-sq ft. and for the basement as 34717 sq ft.

7. On the basis of above said recommendations of DG (Works), MEA started paying license fee for old wing but they were not making any payment for new wing which was constructed by ITDC (additional 150 rooms) at later date.

8. Non-payment of any license fee for new wing was explained by MEA on the ground that ITDC had staked its claim for the said property. As such, MEA was neither making any payment to NDMC nor to ITDC. On the intervention of the Foreign Secretary, ITDC made a claim of capitalized rent for the new wing constructed by them, to NDMC for Rs.3.52 crores as detailed below: -

(a) / Average capitalized rent for 44 years i.e. upto 2030 / Rs. 2,43,59,500
(b) / Depreciated value of permanent improvements / Rs. 42,77,691.50
(c) / Depreciated value of other equipments / Rs. 54,04,734.37
(d) / Difference of compensation / Rs. 19,413.84
(e) / Rent for the period 17.02.85 to 06.04.86 / Rs. 12,26,403.35

9. A meeting was further held on 17.05.91 in Samrat Hotel under chairmanship of DG (Tourism), Department of Tourism, Govt. of India, which was attended by the then Administrator, NDMC, Financial Advisor, NDMC, Director (Estate), NDMC, General Manager, ITDC and others. Administrator, NDMC stated that as per agreement between ITDC and NDMC, the right of ownership in respect of both the wings of Akbar Bhawan vested in NDMC. However, Administrator, NDMC agreed that as per decision of Committee of Secretaries they did not have any objection to the payment of capitalized rent of Rs. 2.43 crores by MEA to ITDC. As regard to claim of depreciated value of permanent improvements, it was decided that Financial Advisor of the Ministry will held discussions with Financial Advisor, NDMC to sort out the matter. Subsequently, on the request from Ministry of Tourism, a Sub-Committee was constituted for arriving at a mutual settlement regarding dispute of new wing.