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Right of passage?

  • 30/01/2004

Right of passage? On paper, the policies and plans for public-private partnership look good. But a close look at the agreement and the ground reality show how private colonisers have taken state agencies for a ride. They have struck gold in Gurgaon. Simple process, single window clearance, no maintenance cost, freedom to charge anything to residents: these are some of the sops private colonisers have got in return of the risk they took investing in Gurgaon.

How have colonyfiers profiteered in Gurgaon? At the time of getting license, the coloniser pays a stipulated fee to HUDA. Apart from this, the coloniser has to pay EDC. "The calculation of EDC is simple. First, we calculate the number of people who can be accommodated in one given area. Then we calculate how much basic infrastructure, in terms of water pipelines sewer lines, roads, or lighting, is required. Total cost of infrastructure is divided by the total area, which gives cost per hectare. Now based on how much hectare land the coloniser is acquiring, he has to pay EDC. Till now, we have collected Rs 740 crore from the colonisers as EDC,' says Kumra.

But this EDC is a one time charge. Once the coloniser pays for basic infrastructure, he is free to use the state services in terms of sewer lines or storm water drains forever, without paying any maintenance cost. " HUDA should be charging these colonisers a maintenance cost, but as of now it's free for them,' says Kumra.

At the same time
Developers have also openly flouted land use. On paper, these colonisers follow rules specified in the Gurgaon's Development Plan 1996: thus, any residential area should have 45 per cent area marked as open spaces. Four per cent of residential area should be used for commercial purposes. The coloniser also has to mark areas for police post, community centre and parks. DLF has been extremely smart in this case, informs a HUDA official. "Many localities owned by DLF have open nallahs. This land has been bought very cheap. Now DLF has marked out that nallah as space for police post or community centre or parks. Thus on paper, they are correct to maintain certain percentage of land as open space, but can a police post come up on such nallah, or can children play in that nallah park?' Clear subversion!

Such violations have been highlighted. According to a UNDP's Pre-feasibility study for Implementation of Green City Concept in Gurgaon City , while "The proposed open spaces in Gurgaon was estimated as 8.50 sq km in the 1983 Draft Plan [prepared by TCPO], which contemplated setting up playgrounds, park green belts, crematoria', only 3.63 sq km of land was finally approved in the Final Development Plan. Further, encroachments have occurred in prohibited areas. As per the Works of Defence Act, 1903, an ammunition depot should not have any habitation in an area of 900 m around it. But there have been several constructions within its domain, such as the New Palam Vihar colony.

The malls
As per the plan, a residential area can have four per cent land for commercial purposes. Can this include shopping malls? "This is a tricky question. Shopping mall in itself does not convey much. It can be anything from a departmental store to a city icon. A key issue in planning for shopping is that the type of facility matches the infrastructure capacity of the site. If a neighbourhood wants its local shopping site developed in the configuration of an up-market mall, there is no problem if it can sustain the mall. If it can't afford what comes up, shops will spring up informally to meet local needs and the mall will attract extraneous population for its sustenance. The resultant road stress will be to the detriment of all. Planning law allows flexibility, but that should not be interpreted as license to make everything upmarket,' says Verma.

Classic case
But the classic example of subversion of rules

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