Explained: What really ails Gurgaon, Haryana’s Millennium City?

“The state did not bother about the involvement either of the municipality or the panchayats of villages falling in district Gurgaon in process of preparing development plans Gurgaon Manesar Urban Complex 2001, 2021, 2025 and 2031. The constitution mandated that the master plan shall be a consolidated plan of the plans prepared by panchayats and municipalities and shall take into account the matter of common interest between panchayats and municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation,” Justice Dhingra had written.

The report added: “It is apparent that planning process was to start from the bottom and the role of the state was to fine tune the plan keeping in view the overall planning of the state without ignoring the basic requirements of the infrastructure, natural resources of the villages and municipalities and keeping in view not only the natural resources as well as the conservation required of such resources. Unfortunately in case of GMUC 2021, the whole process as laid down by the constitution was ignored. No village panchayat was involved in the planning process. Even Gurgaon municipality was totally ignored. The proposal of Development Plan moved from the top”

About approval of GMUC 2021, the report said that no meaningful discussion was held on the plan in the District Planning Committee that was there to look at it and its meeting just endorsed the plan forwarded to it by Town and Country Planning Department. It added that in the DPC there was “no elected representative” despite the constitutional mandate for the same.

The report had concluded that “it is apparent that development plan of 2021 was in total violation of the constitutional mandate and unlawful and illegal”.

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An underpass was submerged, with fire tenders deployed to pump out water. (Express Photo: Praveen Khanna)

What about GMUC 2025 and 2031?

Not only GMUC 2021, but GMUC 2025 and GMUC 2031 too were notified in the same manner, according to the report. This despite the fact that the state was having a bulky legal department with hundreds of law officers and the department of DTCP and State Level Committee was headed by CM himself who has advantage of legal counselling at all stages. Not only the preparation of development plan, but changes were also made in GMUC in a whimsical manner. “After GMUC 2021 came into force in February 2007, one after another changes were made in the name of change of policy. These changes were made by issuing circulars and policy decisions without giving notice to the public as required under the Act before amending GMUC 2021. These changes were of grave consequence because the entire scene of development plan was changed,” Justice Dhingra had said in his report.

How roads and green belts were taken over by builders as per GMUC-2021? “GMUC 2021 was not made for planned development of Gurgaon but was made for the mutual benefit of colonisers and political executive. The political executive changed the development plan as per its wishes contrary to the advice of the experts,” Justice Dhingra said in his report.

The then Chief Coordinator Planner S D Saini, had specifically mentioned in his report that the policy of giving benefit for area falling under the roads and green belts should be discontinued and the land for roads should be acquired by the government and roads should be made by the government, if a proper planned development was to be done.

After draft 2021 plan was notified and objections were called from general public, one of the main objections against GMUC 2021 was “not providing infrastructure even under the development plan of 2001” and questions were raised about the availability of water resources, electricity and of no provision for sewage disposal and treatment plan, non-laying of trunk sewerage lines etc. The residents of different existing colonies drew attention to the water logging in Gurgaon and bad condition of roads under the existing plan. Considering all these factors and ground realities, the CCP (NCR) had given suggestions that the previous policy of giving benefit to the coloniser of land falling in roads, green belts etc. should be discontinued and licenses should be given only in respect of the land falling in the earmarked residential areas and only internal roads should be developed by the coloniser and all development plan roads and sectoral roads should be constructed by the state government.

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Firefighters and workers drain out the water from an underpass in Gurgaon on Wednesday. (Express Photo: Praveen Khanna)

How the expert’s advice was rejected?

S D Saini, the then Chief Coordinator Planner (NCR) had specifically highlighted the problem of waterlogging in Gurgaon and the potential risks in future at the time when government was finalising GMUC 2021. There were several complaints regarding congestion in Gurgaon. Justice Dhingra report said: “It was incorporated in the final development plan of 2021 that the earlier practice of giving benefit of FAR and saleable area should be discontinued. Because of this reason, in GMUC 2021 it was specifically incorporated that no benefit of area falling in sector roads or green belts shall be given at the time of approval of layout plan. The licences were to be given only in respect of Net Planned Area after excluding the area falling in roads or green belts. Severe infrastructure problems were being faced by inhabitants of Gurgaon including water problem, sewage disposal problem and infrastructural targets of GMUC 2001 had not been met. The trunk sewers had not been laid for existing Sectors 1 – 57. The sewage disposal plants had not been installed. Water logging was a consistent problem and road infrastructure was not up to the mark.”

A draft notification amending GMUC 2021 was issued on July 27, 2007 by Town and Country Planning Department whereby concept of sector-area and colony area were proposed to be modified to give an advantage of additional area to be given to builders if the area fell on roads. Despite Saini’s objections, the government overruled him and the amendment was made.

“Sole purpose of the proposed change was to benefit the colonisers/ developers at the cost of the common man. The colonisers by obtaining licence in respect of major roads, sectoral roads, green belts made full commercial exploitation of the land for which no licence could be given under GMUC 2021. As per GMUC the land for roads, open space, green belt was to be acquired by the government. In case of acquisition, coloniser would have got government fixed rate for this land. Now, he was to get full commercial value of the land,” Justice Dhingra had pointed out.

What happened to the Dhingra panel report?

The report was not tabled in the Haryana Vidhan Sabha because former Chief Minister Bhupinder Singh Hooda had challenged constitution of Inquiry Commission in the Punjab and Haryana High Court. The court then had barred government from publishing the report. However, most of the recommendations that Dhingra Commission of Inquiry had made in its report, were accepted and acted upon by Haryana government.