Standing Committee/SDMC Meeting dt. 5.2.2013
Transcription
Standing Committee/SDMC Meeting dt. 5.2.2013
SOUTH DELHI MUNICIPAL CORPORATION List of Business to be transacted at the Meeting of the Standing Committee to be held on Tuesday, the 05th February, 2013 at 2:00 p.m. at Hansraj Gupta Sabhagar, 1ST Floor, A-Wing, Dr. S.P.Mukherjee Civic Centre, New Delhi. Item No Subject __________________________________________________________________________ PART-A POSTPONED CASES 7 25 Final Report of Third Municipal Valuation Committee. (i) Commissioner’s letter No. F.33/A&C/SDMC/06/C&C dated 31.05.2012 (ii) Constitution of Sub-Committee in the meeting dated 03.07.2012 Policy for grant of licence to the Meat Shops. (i) Commissioner’s letter No. F.33/Dir.(V.S.)/SDMC/236/C&C dated 27.09.2012 (ii) Constitution of Sub-Committee in the meeting dated 23.10.2012 30 Simplification of Trade License policy of markets, trades, occupations, maintenance and regulations thereof as laid down under Chapter XX of the DMC Act. Commissioner’s letter No. F.33/CL&EC./SDMC/318/C&C dated 23.10.2012 34 Policy for grant of license to Horse Buggies, horses/mares to be used for ceremonial purposes in South Delhi Municipal Corporations. (i) Commissioner’s letter No. F.33/Dir.(V.S.)/SDMC/321/C&C dated 26.10.2012 (ii) Constitution of Sub-Committee in the meeting dated 04.12.2012 NEW CASES 43 Counting of part time service rendered by Community Workers (Part Time) as qualifying service for the purpose of ACP as well as pensionary benefits. Commissioner’s letter No. F.33/CSD/SDMC/443/C&C dated 04.01.2013 44 Procurement of HP Laptops for the Councillors of South DMC. Commissioner’s letter No. F.33/DIT/SDMC/445/C&C dated 08.01.2013 45 Regarding purchase of 32100 Dual Desks (14500 Small Size & 17600 Big Size) for use by the children studying in Municipal Schools falling under jurisdiction of South DMC during the year 2012-13. Commissioner’s letter No. F.33/Edn./SDMC/450/C&C dated 10.01.2013 -2PART-B 128 Construction of Public Utility (Recreation Centre) at Sidharth Extension in Ward No. C-154, Central Zone. Commissioner’s letter No. F.33/Engg./SDMC/441/C&C dated 31.12.2012 129 Development of unauthorized colony at Sr. No. 850/1639 in C-130 NGZ. SH:- Construction of roads by P/L RMC and Construction of Drain in Mahavir Enclave D-1A Block, DF Block, Part-I in Ward No. C-130 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/416/C&C dated 20.12.2012 130 Development of unauthorized colony at S.No. 950 Regn. 1034 of 733 in Kailash Puri Extn. In Ward No. C-130 NGZ. SH:- Construction of road by Pdg. Laying RMC in Kailashpuri Extn in Ward No. C-130 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/417/C&C dated 20.12.2012 131 Development of unauthorized colony at S.No. 532 Regn. 573 of 285 in Mahavir Enclave, D&F in Ward No. C-130 NGZ. SH:- Construction of road by Pdg. Laying RMC and Construction of Drain in Gali No. 2 & Gali No. 5 and Adj. Lanes and cross lanes in Mahavir Enclave F1, F2 Block in Ward No. C-130 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/418/C&C dated 20.12.2012 132 Development of unauthorized colony at S.No. 965 Regn. 1050 in Syndicate Enclave, Raghu Nagar, C-129 NGZ. SH:- Construction of road by RMC in Syndicate Enclave, Raghu Nagar, C-129 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/419/C&C dated 20.12.2012 133 Development of unauthorized colony at S.No. 87 Regn. 92 in Dashrathpuri Dabri Palam Road, C-129 NGZ. SH:- Construction of road by RMC in Dashrathpuri Dabri Palam Road, C-129 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/420/C&C dated 20.12.2012 134 Development of unauthorized colony at S.No. 1307 Regn. 1466 in Vashist Park, C-129 NGZ. SH:- Construction of road by RMC in Vashist Park, C-129 NGZ Commissioner’s letter No. F.33/Engg./SDMC/421/C&C dated 20.12.2012 135 Development of unauthorized colony at S.No. 1401 Regn. 1584 in Vaishali Extn., Dabri Palam, C-129 NGZ. SH:- Construction of road by RMC in Vaishali Extn., Dabri Palam, C-129 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/422/C&C dated 20.12.2012 136 Development of unauthorized colony at S.No. 532 Regn. 573 of 285 in Mahavir Enclave D&F in Ward No. C-130 NGZ. SH:- Construction of road by Pdg. Laying RMC and Construction of Drain in Gali No. 1 & Gali No. 2 and Adj. Lanes and cross lanes in Mahavir Enclave F1, F2 Block in Ward No. C-130 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/423/C&C dated 20.12.2012 137 Development of unauthorized colony at S.No. 696 Regn. 752 in Raghu Nagar in C-129 NGZ. SH:- Construction of road by RMC in Raghu Nagar in C-129 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/424/C&C dated 20.12.2012 138 Construction of road by P/L RMC in between Gali No. 5 to Gali No. 9 and Adj. Lane in Mahavir Enclave, D, D1, D2 Block in Ward No. 130 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/425/C&C dated 20.12.2012 139 Development of unauthorized colony at S.No. 532 Regn. 573 of 285 in Mahavir Enclave, D&F in W.No. C-130 NGZ. SH:- Construction of road by Pdg. Laying RMC and Construction of Drain in Gali No. 2A & Gali No. 3 and Adj. Lanes and cross lanes in Mahavir Enclave F1, F2 Block in Ward No. C-130 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/426/C&C dated 20.12.2012 &3& 140 Development of unauthorized colony at S.No. 1042 Regn. 1136 in Dabri Ext., East, W.No. C-129 NGZ Const. of road by RMC in Dabri Ext., C-129 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/427/C&C dated 20.12.2012 141 Development of unauthorized colony at S.No. 691 Regn. 746 of 285 in Mahavir Enclave, D&F Block, in W.No. C-130 SH:- Construction of road by Pdg. Laying RMC in between Gali No. 3 to Gali No.5 and Adj. Lanes in Mahavir Enclave D,D1, D2 Block in Ward No. C-130 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/428/C&C dated 20.12.2012 142 Development of unauthorized colony 1358 Regn. 1538 in Durga Park Pkt-E, C-129 NGZ. SH:- Construction of road by RMC in Durga Park Pkt-E, C-129 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/429/C&C dated 20.12.2012 143 C/o drain from [Competent Motor (N.G. Road)-H.No. 1, Gali No. 1, Ramgarh at C-101/WZ] by pdg. B/W from and X-Culvert by RCC item in Raja Garden. Tender Amount:Rs. 31,31,747/-. Estimated Amount:- Rs. 48,99,700/-. Commissioner’s letter No. F.33/Engg./SDMC/444/C&C dated 07.01.2013 PLACED ON TABLE 144 Remodelling of Drain No. 14 with the aim to avoid water logging in or around Purana Quila Road and Mathura Road to Yamuna River. Commissioner’s letter No. F.33/Engg./SDMC/477/C&C dated 21.01.2013 145 Strengthening of roads by providing Dense Carpeting Works of L-Block and Janakpark in Hari Nagar in Ward No. 109 in West Zone. Commissioner’s letter No. F.33/Engg./SDMC/481/C&C dated 23.01.2013 146 Improvement/Strengthening of internal roads/street by dense carpeting in A,B,C,D,E & F block Vasant Vihar in Ward No. 165, South Zone. Commissioner’s letter No. F.33/Engg./SDMC/505/C&C dated 29.01.2013 147 Improvement/Strengthening of internal roads by dense carpeting in A to G blocks Anand Niketan in Ward No. 168 South Zone. Commissioner’s letter No. F.33/Engg./SDMC/511/C&C dated 31.01.2013 148 Re-construction of Community Hall at Amar Colony, Ward No. 160, Central Zone. Commissioner’s letter No. F.33/Engg./SDMC/513/C&C dated 05.02.2013 149 Improvement & Strengthening of internal roads by Dense Carpeting in Lajpat Nagar-III in Ward No. 160, Central Zone. Commissioner’s letter No. F.33/Engg./SDMC/514/C&C dated 05.02.2013 150 Const of road by Providing pavement Quality Concrete (PQC) from E. No H-957 to J-90, J-68 to J-245, J-276 to J-344 and J-39 to H-898 in Bharthal Village in C-141 NGZ. Commissioner’s letter No. F.33/Engg./SDMC/515/C&C dated 05.02.2013 151 Improvement of road by providing RMC from Goela road to Kakrola road in C-134/NGZ. Commissioner’s letter No. F.33/Engg./SDMC/483/C&C dated 23.01.2013 152 Construction of 6 Nos. class rooms, two store, one computer room, two office room, two library, two science room, five toilet blocks & tent urinals in MC Pry. School Sagarpur old in W.No. 131/NGZ. Commissioner’s letter No. F.33/Engg./SDMC/512/C&C dated 05.02.2013 -4153 Improvement of main internal roads and phirni road by pdg. RMC in village Goela in C-134/NGZ. Commissioner’s letter No. F.33/Engg./SDMC/518/C&C dated 05.02.2013 154 Development of Rural Village under constituency AC-46. Sub Head :- Improvement and strengthening of Dera Mandi road at damaged portion from Usha Farms at Dera More to Mandi village via Mandi Bandh Road and road near farms No. 15 towards cremation ground and mandi road from T-junction of M.G. Road to Haryana Border at damaged portion in Ward No. 175 South Zone. Commissioner’s letter No. F.33/Engg./SDMC/507/C&C dated 31.01.2013 155 Improvement and strengthening of internal roads J, E, F, D, M, L, N & H Blocks Saket by providing dense carpeting in Ward no. 169, in South Zone. Commissioner’s letter No. F.33/Engg./SDMC/506/C&C dated 31.01.2013 PART-C 10 Approval of layout plan of Govt. Sr. Sec. School at Village Hastsal, New Delhi. Commissioner’s letter No. F.33/CTP/SDMC/432/C&C dated 21.12.2012 PART ‘A’ POSTPONED CASES Item No. 25 :— Policy for grant of licence to the Meat Shops. (i) Commissioner’s letter No. F. 33/Dir.(V.S.)/SDMC/236/C&C dated 27-9-2012. In order to regularize the trade of meat, Corporation vide Resolution No. 127 dated 11-6-2011 had approved a “Revised policy for grant of licence to the Meat Shops” running under the jurisdiction of Municipal Corporation of Delhi which was notificed for implementation vide order dated 2-9-2011. After notification of the above policy, the representatives of Meat Merchant Associations have been requesting in the meetings held at various levels to simplify the terms and conditions mentioned in the policy, as they are very harsh and difficult to comply by the meat shopkeepers to get the licence. As a result whereof, a large number of meat shop owners are not able to renew/get the licence of their meat shops due to which illegal meat shops are flourishing in every nook and corner of the city thereby causing unhygienic conditions in the area and loss of revenue to the M.C.D., which may otherwise be realised from the meat shopkeepers, if their licenses are renewed/granted by the Corporation by way of making the policy simplified. The representatives of the butchers/shopkeepers are also of the opinion that the condition to get the No Objection Certificate from landlord, police etc. should also be abolished as they harass them and do not cooperate while requesting to furnish such documents. The Director (V.S.) also held the meetings with the Zonal Dy. Directors (V.S.) to discuss the issue who were also of the opinion that certain terms and conditions mentioned in existing meat shops licence policy are required to be suitably amended as these are confusing and not clear due to which they are facing difficulties in deciding the cases pending in their zones for renewal/grant of licences to the meat shops. Further, there is no provision in the existing policy for taking the action against the persons slaughtering poultry in an open area causing insanitation and unhygienic conditions. In view of above, a draft “Revised Policy for grant/renewal of License to the Meat Shops” was circulated to the Dy. Commissioners of all four zones of South Delhi Municipal Corporation for their comments/suggestions. Thereafter, the Director (V.S.) also gave a presentation on the meat shop licensing policy in the weekly review meeting held by the Commissioner, SDMC on 29-8-2012 to invite the suggestions from Zonal Dy. Commissioners and others present in the meeting. On the basis of inputs given in the weekly review meeting held by the Commissioner, SDMC and the feed back received from zonal Dy. Directors (V.S.) and Meat merchant association, the revised policy for grant/renewal of license to the meat shops in the South Delhi Municipal Corporation is attached herewith as Annexure ‘A’ which may be placed before the Corporation routed through Standing Committee as an item of urgent business for approval. This policy is in supersession of all previous policies and orders with regard to licensing of the meat shop. ANNEXURE ‘A’ Subject :— Policy for grant of licence to the Meat Shops. Short Title : This policy will be called as “The Meat Shop Licensing Policy” of the South Delhi Municipal Corporation. Commencement : The policy shall come into force at once immediately after approval by the Corporation. Licenses for the meat shops : 1. All meat sellers in the Municipal jurisdiction would obtain license for their shops from the South Delhi Municipal Corporation for sale of meat of the species mentioned in this policy. 2. No person shall sale the meat at his shop without valid license in the jurisdictional area of the South Delhi Municipal Corporation. 3. Applications for grant of new/fresh licenses would be received in the Zones and the Zonal Dy. Directors (VS) with the approval of Director (V.S.) would issue the license to the meat shops. 4. The renewal of licenses would be done by the Zonal Dy. Director (VS) at their own level. 5. The licenses to the meat shops will be issued on regular basis only. No license to any meat shop shall be granted on ad hoc/temporary basis. 6. The license would be given to sale the meat of sheep/goats, buffalo, chicken, fish including sea food and pork only. 7. Live poultry birds shall be kept in cages at the meat shops to which the license for sale of chicken has been granted. As there is no Slaughter House of poultry in Delhi, the slaughtering of live poultry birds shall also be permitted inside the meat shops till such a time, the Slaughter House for poulty in Delhi is made operational by any Govt. authority. Thereafter, no live poultry bird and their slaughtering at meat shops shall be permitted. If any person is found slaughtering of poultry outside his shop or in an open area/roadside, a fine of Rs. 1,000/- each time shall be imposed on him irrespective of number of poultry/ chickens slaughtered by him. 8. The applicant shall, inter-alia, furnish all documents/information required for grant/renewal of license as the case may be, mentioned in this policy. 9. Each license shall, (a) unless cancelled, be valid from the date on which it is issued to 31st March of that year. (b) be renewed annually on or before 1st April of each year. The Zonal Dy. Directors (VS) would be at liberty to start the process of renewal of license in their zones w.e.f. 1st January of the year of expiry of the license. However, there would be grace period of one months beginning from 1st April to 30th April of that year. [ 2 (S) ] (c) If the licence holder fails to get his licence renewed within the grace period of one months, the concerned zonal Dy. Director (V.S.) would issue a notice to the license holder thereby asking him get his license renewed with in 15 days from the date of issuance of the notice failing which the Zonal Dy. Director (V.S.) with the approval of the Zonal Dy. Commissioner would seal the meat shop immediately after expiry of the period of notice served upon him. The meat shops sealed on the ground of non-renewal of licence within the grace period would be de-sealed by the zonal Dy. Director (V.S.) only upon renewal of licence by the holder after deposition of the required fee. 10. The fee for grant of new license shall be Rs. 1,200/- (Rs. one thousand two hundred only) and renewal fee for each year shall also be Rs. 1,200/- (Rs. one thousand two hundred only). In addition to renewal fee, the late fee of Rs. 1,000/- for each subsequent month will be charged from the license holder after the expiry of grace period of one month. The processing fee for grant and renewal of license shall be Rs. 250/-. 11. The meat shopkeeper/license holder would allow the Zonal Dy. Commissioner/Director (Veterinary Services)/Zonal Dy. Director (VS)/Veterinary Officer or any Municipal Officer appointed and authorized by the M.C.D. to inspect the meat shop/premises at any time. 12. Where applicants are refused to grant a license they will be given the right to appeal. 13. No person who has a communicable skin disease or infection shall be granted the license. Each applicant will submit a medical certificate from the qualified Medical Officer/ practitioner along with his application form to this effect that he is not suffering from any communicable skin disease or infection. 14. The age for grant of license to the meat shop owners shall be 18 years. 15. The applicant would submit the proof of his age issued by competent Govt. authority. If it is not available due to any reason whatsoever, the applicant may submit an undertaking in the form of affidavit regarding his age proof. 16. All licences issued shall be renewed by the zonal Dy. Director (VS) only on the submission of the required documents mentioned in this policy under the title “Documents required for renewal”. It is clarified that at the time of renewal of licence no other criteria/documents shall be asked from the applicant. 17. The ad hoc licences issued to the meat shops by the Dy. Health Officers (DHOs) when the veterinary services were the part of Health Department would be converted into regular licences by the Zonal Dy. Directors (VS) and all such cases shall be treated as renewal of licences instead of fresh cases. In order to convert their ad-hoc licences into regular, the Zonal Dy. Directors (VS) would obtain the documents from the meat shopkeepers as mentioned in this Policy under the title of ‘Documents required for renewal’ only. 18. The ad hoc licences which have been revoked by the Zonal Veterinary Officers on the ground of non-submission of required documents or any other reason whatsoever (Except those where the Hon’ble Court has directed to revoke the license) shall be re-instated, regularized and renewed by the zonal Dy. Directors (VS) in accordance with the documents mentioned in this Policy under the title of ‘Documents required for renewal’ only. [ 3 (S) ] Non-transferability of the license : 1. The license shall be non-transferable in respect to a license holder or location and any such purported transfer shall be void and of no effect. 2. Where the holder of the meat shop license expires, the license shall continue in full force and effect for the benefit of the license holder’s legal heir for the period then un-expired of the term of the license after the death of the license holder and thereafter, the license of the meat shop would the transferred in the name of valid legal heir. The legal heir would submit an application alongwith the NOC in the form of affidavit from other legal heirs, if any, and all relevant documents to the Zonal Veterinary Officer within three months from the date of death of the license holder for transfer of license in his/her name. 3. The legal heir of the deceased license holder would apply afresh for grant of license in his/her name and same would be considered by the Zonal Dy. Director (VS), provided that the valid documents regarding proof of legal heir along with other required documents as mentioned in this policy are submitted by him. 4. Whenever the Director (V.S.)/Zonal Dy. Director (VS) decides to refuse an application for grant or renewal of license, the Zonal Dy. Direcotor (VS) shall, by notice in writing, notify the applicant— (a) of the decision and of the reasons there for, and (b) of the time limit within which, and of the manner in which, an appeal against such decision may be made. Power to revoke the license : 1. The Zonal Dy. Commissioner/Director (V.S.)/Zonal Dy. Director (VS) may, at any time, revoke a license if he is satisfied that :— (a) the license has been obtained by fraudulent means or by misrepresentation facts, (b) there has been any contravention (whether by commission or omission) of any provision of this policy or of any Regulation made there under, or (c) the holder of a license has not, within a reasonable time, complied with the requirements of a notice served to him, (d) if upon inspection of the meat shop/investigation by the Zonal Dy. Commissioner/ Director (V.S.)/Zonal Dy. Director (V.S.), it is found that the licensee or any of his associates has violated any of the provisions/terms and conditions mentioned in the policy or has concealed the information while submitting the application form to obtain the license. 2. On violation of the terms and conditions of the policy by the meat shopkeepers, the Zonal Dy. Director (V.S.) shall issue a show cause notice to the meat shopkeepers thereby giving fifteen (15) days time to comply with the terms and conditions laid down in the meat shop license policy. If upon inspection, it is found that the meat shopkeeper has still not complied with the terms and conditions of the meat shop licensing policy, the Zonal Dy. Director (V.S.) would issue him another notice thereby giving further 10 days time asking him to abide by the terms & conditions of the policy failing which his lecense shall be revoked by the Zonal Director (V.S.)/Veterinary Officer without any further notice. [ 4 (S) ] APPEAL AGAINST REFUSAL/REVOCATION OF THE LICENCE 1. Whenever the Director (V.S.)/Zonal Dy. Director (VS) refuses to grant or renew, or revokes the license of the meat shop, the applicant/holder of such license may, within 20 days from the date of the order of the refusal or revocation as the case may be, appeal to the Dy. Commissioner of the concerned zone against such refusal or revocation. 2. On receiving the appeal under this section, the Dy. Commissioner of the zone shall give a reasonable opportunity of being heard and after considering all material facts on record either— (a) dismiss the appeal, or (b) allow the appeal and direct the Zonal Dy. Director (VS) to grant or renew the license. Location of Meat Shop : 1. Considering the sentiments of people visiting the religious places, following will be complied with while granting the new license to the meat shops. (a) The minimum distance between the meat shop and a Temple/Gurdwara/religious place should not be less than 50 meters from the nearest/starting points/boundary wall of a Temple/Gurudwara/religious place to the meat shop for which licence is to be granted. Only the Temple/religious place of adequate size as mentioned in the Policy or confirmed by the Gurudwara Prabandhak Committee, Delhi where general public regularly visit to offer their prayers would be considered for applying this condition. This restriction shall not be apply in case of a Temple/Gurudwara/religious place having the size lesser than mentioned in the policy whether or not the public visit to offer their prayers to such Temple/Gurudwara/religious place. (b) The condition of 100 meters distance will apply in case the meat shop is situated directly opposite of the entry gate of a Gurudwara/Temple/religious place of any community except Masjid. The condition of 100 meter distance from Masjid will be applicable in case of pork shop only. (c) The condition of 50 meter distance from Masjid (Mosque) will be applicable in case of licensed pork shop only i.e. licenses to the mutton/chicken/fish and buffalo meat shops can be granted, if they are situated less than 50 meters distance from the Mosque. (d) If a person is running his meat shop without licence prior to the construction of a Temple/Gurudwara/Mosque/religious place and applies for grant of licence after construction of Temple/Gurudwara/Mosque/religious place, the distance as mentioned in this policy shall be taken into consideration while considering his application for grant of licence to the meat shop. (e) The condition of distance of Temple/Gurudwara/religious place from the meat shop would not be implemented in case of renewal of licences, which have already been issued before the date of approval of this policy by the Corporation. In other words, if a Temple/Gurudwara/religious place/Mosque comes into existence after grant of licence to a meat shop, the factor of distance shall not be taken into account at the time of renewal of licence of that meat shop. The condition of distance of meat shop from Temple/religious place/Gurudwara shall also not be implemented in the cases where the license issue before approval of this policy have been revoked and are to be re-instated in accordance with this policy. [ 5 (S) ] 2. The license for a meat shop to sell the meat of species of animals mentioned in this policy (Except of pork) can be granted if it exists in or around the premises of a Masjid provided that the applicant encloses “No Objection Certificate” from the Masjid Committee or Imam of the Masjid with the application form. 3. The licences to the meat shops shall be granted in commercial areas, residential areas (Confirming/Non-confirming/authorized/un-authorized colonies) subject to the fulfilment of the terms and conditions mentioned in the policy. In residential areas, the licences shall be granted to the meat shops located on the ground floor only up to the maximum size of 20 sq meters. In commercial areas, the licences to the meat shops would be granted irrespective of the floor provided that there is an arrangement of water for cleaning and its drainage. 4. The explanation of religious place, as contained under Para No. 16(b) of the Public Notice of 2002-2003 from the Excise Commissioner, Govt. of NCT of Delhi shall be adopted, which is as follows :— “For the purposes of Clause (1) above, a religious place would imply a religious place having a pucca structure with a covered area of more than 400 square feet.” Size of Meat Shops : Adopting the standards, laid-down by Bureau of Indian Standards in relation to the size will not be practical owing to the constraints in availability of sufficient space all over Delhi wherever the meat shops are scattered. Keeping a standard, which is not possible to achieve will lead to unlicensed meat shops/sale outlets open to sky where the regular inspection and maintenance of acceptable level of hygiene will be a tough task for the field workers. The meat shops in Delhi can be divided into following four categories and their size as approved earlier by the Corporation vide Resolution No. 143 dated 10-3-2006 will remain unchanged. 1. Category (A) : Those are selling of only one type of meat as mentioned herein below. (a) Sheep & goat (Mutton/Cheven) or (b) Chicken or (c) Fish Size : It will be of at least 4 Sq. meters (40 sq. feet) floor area and only one type of meat as mentioned hereinabove will be allowed to be sold at this premises with one refrigerator/deep freeze facility of adequate size. 2. Category (B) : Those are selling the meat of any two species as mentioned herein below. (a) Sheep/Goat (Mutton/Cheven) and Chicken or (b) Chicken and Fish or (c) Sheep/Goat (Mutton/Cheven) and Fish Size : It will be at least 6 sq. meters (60 sq. feet) floor area wherein the sale of two types of meat as mentioned hereinabove will be allowed to be sold at this premises with one refrigerator/deep freeze facility of adequate size. [ 6 (S) ] The processed or ready-to-eat meat if sold from the premises, must be kept in a separate refrigerated cabinet. The carcasses of sheep and goats/chicken/fish must be stored in separate freezing cabinets. 3. Category (C) : Those selling only buffalo meat. Size : It will have not less than 6 Sq. meters (60 sq. feet), floor area wherein only buffalo meat will be allowed for sale. 4. Category (D) : Those selling only pork (Pig meat). Size : It will be of at least 4 Sq. meters (40 sq. feet) floor area and only pork (pig meat) will be allowed to be sold at this shop with one refrigerated/deep freeze of adequate size. The meat of only those species mentioned above in all four categories shall be permitted to be kept on the meat shops. The Premises/Shop : 1. The premises/shop shall be structurally pucca. No license shall be granted for a shop having temporary structure or open to sky. 2. The height of shop in all above four categories should be not less than 3 meters, while in case of air-conditioned meat shop, it should not be less that 2.5 meters. 3. The walls up to the height of minimum 1.8 mt. from the floor level shall be made of impervious concrete material (e.g. glazed tiles or hygienic panels, etc.) for easy washing and cleaning purposes. 4. The floor should be made of impervious and non-slippery materials with adequate slope for proper cleaning of the shop. 5. All tables, racks, shelves, boards, etc. shall have zinc/aluminum/stainless steel/marblegranite top to facilitate proper cleaning. 6. It would be compulsory for all meat shopkeepers to display the board outside the meat shop clearly indicating the Halal/Jhatka/Buffalo meat shop/pork shop and will sale the meat of animals strictly in accordance with the board displayed outside their shop. If upon inspection, any violation is found in this regard, the Zonal Dy. Director (VS) will issue him a show cause notice to stop the sale of meat prepared by the method of slaughtering other than displayed on the board outside the meat shop. On violation of second time, a warning shall be issued to the meat shopkeeper regarding sealing of his meat shop and on violation on third time, the meat shop shall be sealed by the concerned Zonal Dy. Director (V.S.) without any further notice in this regard and he shall also revoke the licence of the meat shop. 7. There should be provision of continuous supply of potable water inside the premises. In case the water supply is intermittent adequate storage arrangement should be made. [ 7 (S) ] 8. The door of the shop should preferably be of dark glass. 9. No carcasses should be kept in the manner so as to put upon the public view from outside. 10. No cooking of the meat or other eatable items shall be allowed in the shop. 11. The meat shop should be provided with the facility of proper ventilation, at-least one electric fan and one exhaust fan must be there in each shop. 12. The rails and hanging hooks, if provided for hanging carcasses, should be of non-corrosive metal. 13. The shop should be connected to the sewer line to drain out the water properly after cleaning of the shop. If there is no sewer connection, the license to such meat shops may be granted provided that the applicant submits an affidavit to this effect that he will maintain cleanliness around his shop and no water/blood/blood stained water would come out on the road which may cause inconvenience to the passers-by/residents. 14. The meat shop for which the license has been granted would have no access/passage/ door/entry/exit with any residential/commercial or any other premises/area. Equipment and Accessories : 1. The meat shop should have suitable arrangement for fly proofing in the form of air-curtains or flytraps etc. 2. It should have display cabinet type refrigerator of adequate size for maintaining a temperature of 4 to 8 degree C. or freezing cabinet if the meat is to be stored for more than 48 hours. 3. The weighing balance shall be made of stainless steel or nickel coated. The knives, tools and hooks to be used shall be made of stainless steel/rust free. 4. There should be a provision of geysers in all the meat shops to have hot water at a temperature not less than 82 degree C to clean the premises and equipment used in meat shop. 5. Washbasin made of stainless steel/porcelain shall be provided with liquid soap dispenser or other soap and nail brush for thorough cleaning of hands. 7. The chopping block should preferably be of food-grade synthetic material, which does not contaminate the meat. If the block is of wooden, it should be of hardwood trunk, which is solid enough and should not contaminate the meat. 8. A waste bin with a pedal operated cover shall be provided in the premises for collection of waste material. Transportation : 1. The meat shopkeepers shall transport the meat in hygienic conditions in a container specially meant for transporting the meat to avoid any dust and contamination of the meat. 2. Under no circumstances, carcasses will be transported in the vehicles used for commuting the human beings. [ 8 (S) ] Pest Control : The meat shop should have adequate arrangements for control of insects/rodents within the premises and should be free from insects, birds, rodents and other vermin. Banned items of insecticides/ pesticides/rodenticides shall not be used at the meat shops. General terms & conditions : 1. Every person employed for meat handling at the meat shop shall be medically examined by the authorized registered medical practitioners and it shall include examination of sputum and x-ray of the chest for tuberculosis, every year. The medical examination shall also include examination of stool for protozoan and helminthes infestations for those parasites, which are transmitted by ingestion, and also for the presence of enteropathogenic Escherichia coli, Salmonella, Shigella spices and Vibrio cholera. The medical report will be enclosed by the applicant while applying for the license (fresh/renewal) of the meat shop. 2. It would be the responsibility of the meat shop owners/licence holders to maintain proper hygiene inside the shops including personnel hygiene of the workers. 3. The floor and other articles at the shops should be washed with appropriate disinfectant/ detergent/sanitizer/hot water. 4. The refrigerated/freezing cabinet should be regularly cleaned and well maintained. 5. The carcasses shall not be allowed to cover with wet-clothes. 6. The premises/meat shop shall not be used for residential purposes nor it shall communicate with any residential/commercial shop/premises. 7. If illegal slaughtering of animals is found at any meat shop/premises, the same shall be sealed by the concerned Zonal Dy. Director (V.S.)/Veterinary Officer on the spot without issuance of any show cause notice to its owner/licence holder and also without waiting for approval of the competent authority. 8. The meat obtained from the authorized Slaughter House shall only be sold at the meat shops. If upon inspection, it is found that the meat of illegally slaughtered animals is being sold on the licensed meat, shop, the fine/composite fee as per existing rules shall be imposed at the meat shopkeepers on each time, provided that the meat is fit for human consumption. If on inspection it is found that the meat is not fit for human consumption, the same shall be destroyed by the Zonal Dy. Director (VS)/Veterinary Officers of Central Meat Raid Team/s as deems fit by them under the circumstances. 9. If any person is found selling meat even after revocation of licence, the Zonal Dy. Director (V.S.) shall issue a show cause notice to the meat shopkeeper thereby asking him to stop selling of meat on the shop immediately. If the meat shopkeeper still continues to sell the meat, the Zonal Veterinary Officer with the approval of Zonal Dy. Commissioner shall seal the shop. [ 9 (S) ] 10. Under Delhi Agricultural Cattle Preservation Act 1994, which is administered by Govt. of NCT of Delhi, the slaughtering of cow or its progeny is prohibited in Delhi. If the Zonal Veterinary Officer/any Veterinary Doctor of M.C.D. upon inspection of any premises/ meat shop observes cow slaughtering, he shall immediately inform the police and the Veterinary Officer of Govt. of NCT, Delhi who would lift the meat samples for laboratory examination. The Zonal Veterinary Officer of M.C.D shall revoke the licence and seal such premises/shop immediately on the spot without waiting for approval of any authority and also lodge FIR in the concerned Police Station against the persons involved in cow slaughtering to initiate the action against the concerned persons as per law. 11. If a person is found selling the meat at his shop suspected for cow or its progeny, the Zonal Veterinary Officer would immediately contact the Veterinary Officer of G.N.C.T.D. to lift the meat samples for laboratory testing and would lodge the FIR with police. If the laboratory report confirms that the meat sample belongs to cow or its progeny, the Zonal Veterinary Officer would revoke the licence and seal the meat shop immediately after arrival of the laboratory report with the approval of Dy. Commissioner of the zone. 12. If slaughtering of cow or its progeny/sale of meat of cow or its progeny is found at any meat shop/premises, the Zonal Dy. Director (V.S.) shall not grant/renew the licence to that shop/premises in future, after it is revoked on the above ground. Further, if any person is found involved in slaughtering of cow or its progeny/sale of meat of cow or its progeny, no licence to sell the meat in future shall be granted/renewed in the name of that person in any municipal zone and the concerned Zonal Dy. Director (V.S.) shall also circulate the name of such persons to all Zonal Dy. Director (V.S.) for their information and action as proposed above. 13. The premises/meat shop sealed on the ground of illegal slaughtering of animals/sale of meat of illegally slaughtered animals/violation of terms & conditions of the policy shall be de-sealed by the Zonal Dy. Director (V.S.) with the approval of the Dy. Commissioner of the Zone. 14. The premises/meat shop sealed on the ground of slaughtering of cow or its progency of sale of meat of cow or its progency shall remain sealed till the out come of the decision/ orders of the Hon’ble Court. 15. Decision for de-sealing of the meat shops shall be taken by the Dy. Commissioner of the zone. 16. Keeping in view the public health aspects, no sale, purchase of fish/chicken/mutton/ buffalo meat or any other meat items would be allowed at any open platform/place open to sky. 17. The Zonal Dy. Director (VS) will carry out regular inspection of all cold storages/ meat-processing units situated in his zonal area. 18. The licence for storage of the meat in the cold storages/meat processing units shall be granted only upon confirmation that the licence to operate the factory (machines) has been granted by the Factory Licensing Department of South Delhi Municipal Corporation. [ 10 (S) ] 19. The Hon’ble Supreme Court vide orders dated 29-9-2006 has allowed twenty four categories of trade in residential areas and the same now have been notified in the Master Plan 2021 (Section 15.6.3), the meat/poultry/fish shop is one of them which is reproduced herein below :— “The small shops of maximum 20 sqm. area, trading in or dealing with the following items/activities may be allowed on ground floor only, in residential premises, including in A & B category colonies. 1. Vegetables/fruits/flowers 2. Bakery items/confectionary items 3. Kirana/General Stores 4. Dairy Products 5. Stationery/Books/Gifts book binding 6. Photostat/Fax/STD/PCO 7. Cyber Café/call phone booths 8. LPG booking office/show rooms with out LPG cylinders 9. Atta chakki 10. Meat/Poultry and fish shop 11. Pan shop 12. Barbar shop/hair dressing saloon/beauty parlour 13. Laundry/dry-cleaning/ironing 14. Sweet shops/tea stall with out sitting arrangements 15. Chemists shops 16. Optical shops 17. Tailoring shops 18. Electrical and electronic repair shop 19. Photo shop 20. Cable TV/DTH operations 21. Hosiery/Readymade garments/ cloth shops 22. ATM 23. Cycle repair shop 24. Ration shop & Kerosene shop under PDS. Any other item/activity that may be notified by the Central Government. Accordingly, the licenses to the meat shops running on the ground floor of residential areas upto a maximum of 20 sqm. would also be granted subject to the completion of all other terms and conditions mentioned in this policy. [ 11 (S) ] 20. The licensee would keep a photocopy of the license at his meat shop to which it relates. However, the meat shopkeeper would also show the original licence granted to the meat shop upon asking by the Zonal Dy. Director (V.S.)/any other Veterinary Doctor appointed by M.C.D. 21. The Zonal Dy. Director (VS)/Director (Veterinary Services) or any other Veterinary Doctor appointed by MC.D. by whatever designation known can seize and destroy the meat which has appeared unfit for human consumption upon inspection. 22. If the meat shopkeeper refuses to pay the composition fee/fine against the meat of illegally slaughtered animals as fixed by the competent authority from time to time, the meat of such illegally slaughtered animals would be sized and destroyed by the Zonal Veterinary Officer/any other Veterinary Doctor appointed by M.C.D. irrespective of his designation/post held. 23. If live poultry birds and fish are seized during action against illegal meat/poultry/fish sellers, the Zonal Veterinary Officer shall dispose of such live poultry birds/fish by way of auction as early as possible after such siezure. If no body comes to participate in the auctioning process, the Zonal Veterinary Officer shall be at liberty to dispose of the live poultry birds and fish in any manner what he deems fit and proper under the circumstances. 24. Hides, skins, hoofs un-cleaned gut will not be allowed to store at meat shops. 25. The meat obtained from the unauthorized sources or unstamped meat is liable to be confiscated and destroyed. 26. No live animal shall be kept inside the meat shop. 27. The meat shopkeeper would submit NOC and rent agreement from the owner of the shop/property, if he is a tenant, at the time of applying for grant of licence for the first time only. NOC rent agreement and rent receipts from the owner of the shop/property would not be required at the time of subsequent renewals of the license. 28. The licence of the meat shop cannot be compared to the licences of general branch, as the meat being perishable item requires regular inspection for renewal of licence. In view of this, the licence for the meat shops shall be renewed on yearly basis as mentioned in the policy approved earlier by the Corporation. 29. The condition of submission of No Objection Certificate from the Managing Committee and or Imam of the Masjid, if the license is applied for a shop situated in the compound/ building of a Masjid (Mosque) would continue. 30. Even if a dispute is pending in any court of law relating to the property, the Zonal Dy. Director (V.S.) shall renew the license of the meat shop on the basis of documents mentioned in this policy under the title “Documents required for renewal”. However, the renewal/further continuance of the license shall be subjected to the outcome of the court orders. [ 12 (S) ] Packaging & the Dispensing : The prepared meat shall be packed in bags made of permissible material. Requirements of documents for grant of licence : Each applicant will enclose following documents while applying first time for grant of licence to the meat shop :— 1. Application in a prescribed format (As per Annexure ‘I’). 2. Proof of the residence and photo identity of the applicant (Passport/Voters Identity Card/ PAN Card or any other proof etc. issued by Govt. body). 3. Proof of the ownership of the shop/premises, if the owner himself is applying for licence. 4. One blue prints of the design of shop with measurements plan, Key plan, site plan etc. 5. NOC and the copy of valid rent agreement, if the shop for which license is applied is on rent/lease basis from the owner of the shop. 6. Proof of the electric supply to the shop. 7. Proof of water supply/connection. 8. Proof of age of the applicant/undertaking from applicant if age proof is not available. 9. Medical certificate from the medical practitioner as mentioned in the policy. 10. No Objection Certificate from the Managing Committee and or Imam of the Masjid if the license is applied for a shop situated in the compound/building of a Masjid (Mosque). 11. An Affidavit to this effect that no other kind of meat will be sold at the shop except for the license is granted. 12. Bank draft in favour of the Commissioner, M.C.D of required fee as mentioned in this policy. 13. Any other relevant document/information required by the Zonal Veterinary Officer to satisfy himself in respect of the documents submitted by the applicant. Documents required for renewal of licence : 1. Filled in renewal application form (As per Annexure ‘II’). 2. Medical certificate from the medical practitioner as mentioned in the policy. 3. Bank draft in favour of the Commissioner, M.C.D. of required renewal fee and late fee as the case may be. [ 13 (S) ] ANNEXURE ‘I’ SOUTH DELHI MUNICIPAL CORPORATION DEPARTMENT OF VETERINARY SERVICES NAME OF THE ZONE________________________ Application form for grant of licence to the meat shops 1. Name of the applicant______________________________________ Passoist size phtoto of the applicant 2. Father’s name ___________________________________________ 3. Date of birth_____________________________________________ 4. Age on the day of submission of application form (in complete years) _______________________ 5. Address of residence __________________________________________________________ __________________________________________________________ 6. Address for correspondence_____________________________________________________ _____________________________________________________ 7. Contact No. (Residence)_________________________Mobile_________________________ 8. Address of the shop for which licence is required _____________________________________ _____________________________________ 9. Whether the shop is on ownership or on rent—(Owner /rent/lease) _________________________ 10. Licence required for sale of meat (sheep & goats/fish/chicken/buffalo/pork) ___________________ 11. Size of the meat shop in sq. feet __________________________________________________ 12. Height of the meat shop in ft. ______________________________________________________ 13. Whether the shop is located in commercial area/residential area ___________________________ 14. Any other information __________________________________________________________ (Name & Signatures of the Applicant) Undertaking : I (Name of the applicant)___________________________________ do hereby solemnly declare and affirm that the information provided above is true & correct to the best of my knowledge and belief and nothing has been concealed or misrepresented thereon. If any information is found false/ fabricated, my application for grant of licence shall be liable to be rejected and if licence has been granted, it shall be cancelled/revoked by M.C.D. I shall abide by all terms & conditions as mentioned in the “Meat Shop Licencing Policy” of the M.C.D. and upon violation, if found, my licence shall be cancelled/revoked. (Name & Signatures of the Applicant) [ 14 (S) ] ANNEXURE ‘II’ SOUTH DELHI MUNICIPAL CORPORATION DEPARTMENT OF VETERINARY SERVICES NAME OF THE ZONE________________________ Application form for renewal of licence to the meat shops 1. Name of the licence holder __________________________________ 2. Father’s name Passoist size phtoto of the applicant ___________________________________________ 3. Licence Number issued_____________________________________ 4. Date on which licence was issued _________________________________________________ 5. Date of expiry of licence _______________________________________________________ 6. Address of residence__________________________________________________________ __________________________________________________________ 7. Address for correspondence _____________________________________________________ _____________________________________________________ 8. Contact No. (Residence)_________________________Mobile___________________________ 9. Address of the shop for which licence has been granted _________________________________ _________________________________ 10. Whether the shop is on ownership or on rent—(Owner/rent/lease) _________________________ 11. Whether the applicant is himself is owner of the shop or tenant ___________________________ 12. Whether renewal is sought in the name of licence holder or legal heir, if in the name of legal heir, relation with the deceased licence holder ____________________________________________ 13. Any other information __________________________________________________________ (Name & Signatures of the Applicant) Undertaking : I (Name of the applicant)___________________________________ do hereby solemnly declare and affirm that the information provided above is true & correct to the best of my knowledge and belief and nothing has been concealed or misrepresented thereon. If any information is found false/ fabricated, my application for renewal of licence shall be liable to be rejected and if licence has been renewed, it shall be cancelled/revoked by M.C.D. I shall abide by all terms & conditions as mentioned in the “Meat Shop Licencing Policy” of the M.C.D. and upon violation, if found, my licence shall be cancelled/revoked. (Name & Signatures of the Applicant) [ 15 (S) ] (ii) Consitution of Sub-Committee in the meeting dated 23-10-2012. Meanwhile a Sub-Committee of the following members is constituted to look into the matter and submit its report :— 1. Shri Parveen Rajput Convener 2. Shri Farhad Suri Member 3. Shri Subhash Arya Member Item No. 30 :— Simplification of Trade License policy of markets, trades, occupations, maintenance and regulations thereof as laid down under Chapter XX of the DMC Act. Commissioner’s letter No. F. 33/CL&EC/SDMC/318/C&C dated 23-10-2012. In the erstwhile unified Corporation, the trade licence policy was approved by the Corporation vide Resolution No. 235 dated 28-7-2008. With the gap of time, it has become a common sight that the policy is not materialized in its entirety resulting very few turnout for obtaining licence under the existing policy. Now, therefore, consequent to its existence on account of trifurcation of erstwhile MCD, South Delhi Municipal Corporation finds it implicit to create a new database of licensable entities for regulation and enforcement of related rules and regulations as per various provisions laid down under DMC Act by replacing the existing trade licence policy with new simplified policy. This is essentially required with a view to secure improvement in jeopardized civic amenities where large scale flagrant violators continue to operate unabatedly without a licence or doing other than activities for which licence has been granted, hence the same needs to be regulated under the laid down provisions of the. Act. In view of above, it is necessary to simplify the trade licence policy by widening the ambit of trade/occupations of all permitted trade activities running in trade premises as defined U/S 2 (59) of the DMC Act and occupations under the jurisdiction of South Delhi Municipal Corporation. The said simplified Trade Policy has been duly vetted and concurred by the Law Dept. and Finance Deptt. The subject attached policy contains the following Annexures :— (a) ANNEXURE-I — CVC DIRECTIONS FOR USE OF TECHNOLOGY IN GRANT OF LICENSE (b) ANNEXURE-II — TRADE LICENSE CLASSIFICATION CODE & APPLICABLE TRADE LICENSE FEES (c) ANNEXURE-III — MASTER PLAN REGULATIONS (d) ANNEXURE-IV — AFFIDAVIT FORMAT (e) ANNEXURE-V — APPLICATION FORM FOR NEW TRADE LICENCE [ 16 (S) ] (f) ANNEXURE-VI — LICENSE FORMAT (g) ANNEXURE-VII — (h) ANNEXURE-VIII — ECS FORMAT (i) ANNEXURE-IX — PUBLIC NOTICE (j) ANNEXURE-X — DEFAULTER NOTICE FORMAT (k) ANNEXURE-XI — APPLICATION FORM FOR RENEWAL OF TRADE LICENCE (l) ANNEXURE-XII — APPLICATION FORM FOR DUPLICATE TRADE LICENCE (m) ANNEXURE-XIII — PROVISIONAL LICENCE FORMAT LIMITED LICENSE FORMAT Therefore, the revised and simplified Policy of Trade Licence be placed before the Corporation routed through Standing Committee for approval in this behalf as an item of Urgent Business. Subject :— Simplification of Trade License policy of markets, trades, occupations, maintenance and regulations thereof as laid down under Chapter XX of the DMC Act. All permitted trade activities running in trade premises as defined under Section 2(59) of the DMC Act and occupations under the jurisdiction of South Delhi Municipal Corporation (‘SDMC’ for short) are under obligation to obtain trade license u/s 417 of the DMC Act. With a view to secure improvements in jeopardised civic amenities, large scale flagrant violators continue to operate unabatedly, without a license or doing other than the activities for which license has been granted, hence the same needs to be regulated under the laid down provisions of the Act. The South Delhi Munidpal Corporation, consequent to its existence on account of trifurcation of erstwhile Municipal Corporation of Delhi, finds it implicit to create a new database of licensable entities for regulation and enforcement of related rules and regulations as per various provisions under the DMC Act. Keeping this factum in mind following reforms are required to be taken care of on priority :— (1) Simplification of licensing procedure so that people are able to comply with legal obligations without being subjected to harassment. (2) Streamline record keeping with a view to improve operational efficiency. (3) Establish processes for better enforcement against defaulters. (4) To bring transparency in the system and to comply with the directions of the CENTRAL. VIGILANCE COMMISSION1 that there should be maximum application of technology in license grant and renewal process. (5) Widen the ambit of trade/occupations (service sector). —————— 1 Annexure-I [ 17 (S) ] In furtherance of abovenoted exercise adoption of certain ways and means as detailed below would increase revenue multifold in terms of : (1) Recovery of dues from units with lapsed license/unlicensed units. (2) Timely Recovery from renewals through banking channels. (3) Bringing more activities under the net. (4) Centralised collection from establishments having more than one premises. (5) Database to assist property tax department to ascertain use of premises. (6) Maintain relevant records for accounts and audit. To streamline and regulate establishments/trades/occupations following needs consideration for approval :— (1) FRESH CLASSIFICATION OF CATEGORY OF LICENSABLE PREMISES IN A LIST WHICH SHALL INCORPORATE THE NEW CATEGORY OF PREMISES IN ADDITION TO THE EXISTING NOTIFIED CATEGORIES IN THE ELEVENTH SCHEDULE U/S 417 OF DMC ACT : z Keeping in mind the present economic activities in vogue, a scientific classification of licensable premises together with applicable fees as per Section 430 of DMC Act is proposed and annexed as Annexure-2. Since economy has moved from manufacturing to service centred economy, a TRADE LICENSE CLASSIFICATION CODE2 is being proposed for approval and also enclosed with this document. The license fee/processing fee are non refundable under any circumstance whatsoever. z Inherent powers granted u/s 430 (2), laid down applicable license fees for various categories are mentioned as per Annexure-II. These are flat rates and not based on area which shall do away with all individual discretion and related pilferages. (2) AUTOMATIC INCREASE IN APPLICABLE TRADE LICENSE FEES AFTER EVERY THREE YEARS : The under notification licence fee shall be applicable with immediate effect and next increase shall be in the financial year beginning 1st April, 2016. This is based on the inflation factor in mind and, therefore, the Trade license fees shall automatically be increased by 10% after every three years. (3) NOTIFICATlON OF NEW TRADES/APPLICABLE LICENSE FEES THEREOF : At any point of time if any new Trade comes into existence, its category as well as license fees amount shall be approved and notified by the Corporation from time to time. In case a trade or storage is not covered under the existing classification it shall be licensed under “OTHERS” category having license fee @ 15,000 per annum till the time it has not been notified by the Corporation. —————— 2 Annexure-II [ 18 (S) ] (4) NUMBER OF LICENSES PER ESTABLISHMENT : In case one establishment retails more than one product within a single enclosure, license shall be made in the highest license fees category. (5) EXEMPTED CATEGORIES : Hence forth no trades/callings/occupations shall be exempt from obtaining Trade/Storage License, except the following :— (a) Individual Lawyers Chambers (b) CA (Chartered Accountants) Offices—However administrative offices of companies at the address of CA shall not be given any exemption, similarly if the office of CA firm is running insurance braking/stock broking business from the said premises, it shall not be exempted from obtaining license and paying the applicable license fees. (c) All Institutions For Physically Challenged/Deaf & Dumb/Blind duly certified by Competent Medical Authority. (d) All Government Owned Educational Institutions. (e) Any trades/storages exempted by the Corporation. Note :— Above noted (a) to (e) are not exempted from Trade License for running the activity in the trade/occupation premises in case it is running along with other activities : canteen/ gym/small stationary shops etc. (6) RESTRICTED, NEGATIVE AND PROHIBITED LIST OF TRADES/STORAGES : (a) The cases of trade/storage license which are fire prone/polluting/posing threat to public safety and health shall be subjected to intense scrutiny before grant of license. Since license for such trades/storages/occupations needs high regulation, such applications shall be routed through the Deputy Commissioner of the Zone for further processing and he/ she may insist for additional documentations/affidavits for processing such applications. (b) In “Special Areas” if falling under jurisdiction of SDMC, restriction will be imposed on storage/warehousing of bulk storage of cominodities like food grains, fruits and vegetables, dairy, poultry/fish products, Iron & Steel, or building materials. Further, in such areas storage of hazardous/inflammable commodities like paper/plastic/PVC/Chemicals/ Petroleum and its products shall not be granted. (c) Storing of chemicals listed unger schedule I &/or II of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989 &Public Liability Insurance Act, 1990 shall be prohibited. (d) Any category for which the Government has earmarked special locations from where such trades/occupations can operate or there can be a threat to human safety will be governed by such regulations. (e) Industries manufacturing such items prohibited by DPCC shall not be granted license. (f) That the restrictions or controls shall be based on, but not limited to, as per MPD-2021 or directions of any Court of law or any Competent Authority thereof. [ 19 (S) ] (7) CONTROLS ON CERTAIN TYPE OF TRADES/STORAGES/OCCUPATIONS, LICENSE TO BE GRANTED AS PER PROVISIONS OF MASTER PLAN OF DELHI : All trade licence shall be governed/under obligation imposed by or under this ACT or any other law for the time being in force. Keeping this fact in mind in its entirety, any trade activity debarred under the provisions of MASTER PLAN3 but protected under Delhi Specials Provisions Act, 2011, a temporary permission will be granted in the form of Limited License which shall be effective for the period till such protection is in force and this shall, ipso facto, stand null and void immediately after it ceases to exist. The license fees of the Limited License shall be same as of regular license. (8) APPROVAL OF GENERAL TERMS AND CONDITIONS : In order to safeguard the interests of public at large against misuse of Trade/Storage License, a STANDARD AFFIDAVIT4 has to be taken from all applicants of new license/as well as re-registration of existing licence holders. (9) ELIMINATION OF COMPLEX DOCUMENTATION : With a view to achieve its larger response it is implicit in the policy to minimise the inconvenience of applicants. Thus, the requirement of following documents is proposed to be dispensed with/ required conditionally :— The requirement of following documents is proposed to be dispensed with :— (a) Sanctionted Building Plan & Occupancy Certificate (In case of premises protected under Delhi Specials Provisions Act, 2011). (b) Key Plan. (c) Landlord NOC. (d) Property Tax Payment Slip. That the following documents are required only in specific cases/conditionally : (e) Structural Safety Certificate—In normal course, only those trade activities of trade premises operating from buildings more than 20 years old shall be required to give structural safety certificate. However, the licensing authority can seek the certificate in case the building appears structurally weak from its look or on the basis of Rapid Visual Survey (RVS) undertaken by a Competent Officer. (f) Pollution NOC—All units which are polluting in nature shall require consent of DPCC and such units shall need to submit NOC’s/approvals as per the pollution control guidelines in vogues from time to time. (g) Fire Safety Certificate will be required only in the following cases : (i) Hotels and guest houses having height more than 12 metres having ground plus three upper storeys including mezzanine floor. (ii) Educational buildings having height more than 9 metres or having ground plus two upper storeys including mezzanine floor. —————— 3 Annexure-III 4 Annexure-IV [ 20 (S) ] (iii) Institutional buildings having height more than 9 metres or having ground plus two upper storeys including mezzanine floor. (iv) Business buildings having height more than 15 metres or having ground plus four upper storeys including mezzanine floor. (v) Mercantile builqings having height of more than 9 meters or having ground plus two upper stories inpluding mezzanine floor. (vi) Industrial buildings having covered area on all floors more than 250 square metres. (vii) Storage buildings having covered area on all floors more than 250 square metres. (viii) Underground structures. (ix) All hazardous building having covered area on all floors more than 100 sqm. This includes a building or part thereof used for :— z Storage, handling, manufacture of processing of radioactive substances or highly combustible or explosive materials or of products which are liable to burn with extreme rapidity and/or producing poisonous fumes or explosive emanations; z Storage, handling, manufacture or processing of which involves highly corrosive, toxic or noxious alkalis, acids, or other liquids, gases or chemicals producing flame, fumes and explosive mixtures etc. or which result in division of matter into fine particles capable of spontaneous ignition. z That such activities which require license by Chief Controller of Explosives, Nagpur. Utmost object of above is to bring large scale violators within the ambit and to regulate their activities under the DMC Act. However, while considering this aspect the prime concern of public safety, health and nuisance shall also be taken into account. (10) SIMPLIFICATION OF DOCUMENTATION TO BE SUBMITTED ALONG WITH APPUCATION FORM FOR GRANT OF ERESH LICENSE : The following documents needs to be submitted while applying for a new license :— (a) APPLICATION FORM5—Duly completed. (b) ESTABLISHMENT REGISTRATION DOCUMENT—ROC Registration/Firm Registration from Registrar of Firms or Society/IEC (import/export) Code issued by Directorate General of Foreign Trade/Registration with Any Government Agency etc. (c) COPY OF PAN CARD IN CASE OF THE ESTABLlSHMENT/PROPRIETOR— (in case establishment is exempt from PAN requirement, the same should be sworn in the affidavit). —————— 5 Annexure-V [ 21 (S) ] (d) ROOF OF ADDRESS OF THE ESTABLISHMENT—To establish the legal occupancy of the establishment on the premise any of the following dpcuments can be provided : z Landline/Mobile Telephone Bill. z Water Bill. z Electricity Bill. z Lease Deed/Rent Deed. z Property ownership documents. (e) ID PROOF THE PERSON SIGNING THE APPLICATION FORM—Any Government ID Document or else PAN Card Copy. (f) AFFIDAVIT DULY NOTARISED AT THE RATE PRESCRIBED UNDER DELHI STAMP ACT, PRESENTLY Rs. 10/-. (g) LOCATION OF THE PROPERTY MARKED ON AN AREA MAP—Any standard map such as Google Map or Eicher Map can be used. (h) CONDITIONAL REQUIREMENT : (i) Structural Safety Certificate. (ii) Fire NOC. (iii) Pollution NOC. (iv) In case of any existing Trade License, proof of payment of applicable Trade License fee for the current financial year. (v) Proof of Payment of One Time Settlement Fees For Arrears, If Applicable. (vi) Proof of Parking & Conversion Charges (If Applicable). In case the applicant does not provide the proof of Parking/Conversion Charges (wherever it is applicable), provisional license shall be issued with the condition that the applicant would produce the necessary proof within the validity period, failing which the Trade license shall not be granted after the expiry of period of provisional license. (vii) In case the land has been provided by SDMC or the erstwhile MCD or any other Government Agency (Tehbazari as applicable/Land & Estate etc.) a copy of the Allotment Letter or any other proof of occupancy. (viii) Sanctioned building Plan or Occupancy certificate or Regularisation plan of the pemises. In cases where applicant is unable to produce the above document, he may submit site plan of his business premises, along with a statement (in the affidavit) stating the reasons why sanction building plan or Occupancy Certificate could’not be provided by him. Wherever the building is protected under Delhi Specials Provisions Act, 2011, the applicant may indicate so. In case of buildings protected under Delhi Specials Provisions Act, 2011, limited license shall be issued which shall be effective for the period till such protection is in force and this shall, ipso facto, stand null and void immediately after it ceases to exist. [ 22 (S) ] (i) OPTIONAL (i) Latest Property Tax Receipt, If Any. (In case document as mentioned above are not supplied, it shall not be a ground for denial of trade license. However, the licensee cannot claim/demand immunity from payment of such applicable Municipal taxes/fees/fines/penalties on the ground that the Trade License has been granted without verification of such applicable Municipal taxes/fees/fines/penalties.) (j) OTHER DOCUMENTS AS APPLICABLE Utmost object of this policy is to bring large scale violators within the ambit of Trade license and to regulate their activities under the Act. However, the Commissioner, SDMC is empowered to add/remove/modify the requirements at any point of time to meet the overall object of public safety, health and nuisance. (11) REGULATION OF TRADE LICENSE AS PER BUILDING REGULATION : –––––––––––––––––––––––––––––––––————–––––––––––––––––––––––––––––––––––––– Authorised Building Unauthorised Building –––––––––––––––––––––––––––––––––————–––––––––––––––––––––––––––––––––––––– Trade License shall be Structure is protected undet Delhi Special Structure is Not proteced granted Provisions Act under Delhi Special Provisions Act. After the establishment provides structural License shall not be granted. safety certifictate, Limited License will be granted which shall be effective for the period for which they may enjoy certain immunity and shall stand null and void when it ceases to exist. –––––––––––––––––––––––––––––––––————–––––––––––––––––––––––––––––––––––––– z The licensee cannot claim/demand immunity from action or penalties on the ground that the Trade License has been granted without verification of such applicable provisions of being ‘Authorised Building’. z Grant of license under the scheme shall not, ipso facto, entitle the licensee to claim permission as laid down under Section 347 of the DMC Act or any permission available under the Act. (12) VERIFICATION OF ENCROACHMENTS ON PUBLIC LAND BEFORE GRANT OF LICENSE : z Trade License shall be granted only to such establishment that have not encroached on Government or public land. This shall be considered primarily on the basis of statement and affidavit of the applicant. However, in case, any discrepancies in the affidavit/ statement is found, strict action and penalties under the DMC Act shall be imposed and action for cancellation of license shall be undertaken against that establishment. z In case there is encroachment on Government or public land, it shall be ascertained if it is protected under special laws, the application shall be processed, for grant of Limited License which shall be effective for the period for which they may enjoy certain immunity in the special area and shall stand null and void when it ceases to exist. [ 23 (S) ] z The licensee cannot claim/demand immunity from action or penalties on the ground that the Trade License has been granted without verification of such applicable provisions of encroachments. z License shall be denied/cancelled in case it is found that there is encroachment on right of way or any other encroachments that are not protected under special laws. (13) DELlNKING OF GRANT OF LICENSE FROM OTHER LIABILITIES/OBLIGATIONS MADE AVAILABLE UNDER THE ACT : The trade/storage license ,shall not be withheld on account of any other Municipal taxes/fees/ fines/penalties (except those mentioned at Para 10(h) above) that may be due to SDMC. The Trade licensing authority shall be responsible for regulating the trade license for the purpose of Public Convenience, Public Safety and health. It shall be the responsibility of respective departments of SDMC to recover the taxes/dues applicable in respect of them. The licensee cannot claim/demand immunity from payment of such applicable Municipal taxes/fees/fines/ penalties on the ground that the Trade License has been granted without verification of such applicable Municipal taxes/fees/fines/penalties. (14) REGISTRATION OF ALL ESTABLISHMENTS AND PAYMENT OF PROCESSING CHARGES : All estahlishments (those who have valid license for the current financial year 2012-2103. as well as those who are operating without license) need to register with SDMC in the notified time frame and pay applicable Processing Charges for registration. In case any establishment has a valid license for the current financial year, it shall have to pay only the Processing charges (This is non-transferable and non refundable, presently one time processing charges are Rs. 550/- which may vary from time to time, depending upon the exigency of work) to register the establishment in the scientific database being prepared for streamlining the administration of licenses by SDMC. (15) CONDITIONS FOR RE-REGISTRATION OF ALREADY LICENSED UNITS : Any existing valid license shall stand automatically cancelled in case of change of ownership/ change of address/change of nature of business/change in name of the company or death of the owner/proprietor :— z In case of change of place of business, nature of business, changein name of the Company, the old license shall cancel and a new license shall be applied along with payment of applicable license fees. z Incase where the change of ownership on account of death of the proprietor, partner, director, member by their legal heir no license fees shall be charged. z It shall be the liability of the establishment to inform the South Delhi Municipal Corporation of such incidence and get the old license cancelled and new license issued within 30 days of such incident(s). After expiry of 30 days, application for re-registration under this clause shall not be entertained under any circumstances. (16) LICENSE NUMBERING AND E-LEDGER : SDMC shall create a new license numbering system in the view of the scientific database which shall be created as a result of door to door registration/special registration camps in the jurisdiction of SDMC. [ 24 (S) ] (17) LICENSE6/LIMITED LICENSE7 FORMAT : A standard format has been proposed and the back side of the license shall have printed terms and conditions of the license and all conditions u/s 430 (1) of the DMC Act or other pre conditions as approved from time to time by the competent authority. (18) DISPLAY OF LICENSE : Henceforth, all establishments need to display the Trade Licenses at a conspicuous visible and prominent location within their premises. This shall help in easy identification of all licensed units and thereby help in enforcement against unlicensed unit. Thus, they are liable to produce the same for inspection u/s 430 (5) of the DMC Act. (19) ONE TIME SETTLEMENT SCHEME FOR ARREARS/UNREGISTERED PREMISES DURING THE SPECIAL DOOR TO DOOR REGISTRATION : As many establishment may have been in existence for long but would not have obtained trade license or may have arrears for non renewal of Trade license. These establishment can clear all old dues, subject to payment of a onetime penalty & two times the annual current year license fees payable provided that the same is covered under the present policy. One those establishments which participate in door to door registrartion and make on the sport payment can avail of the said benefit. (20) METHOD OF PAYMENT OF LICENSE FEES/RENEWAL LICENSE FEES : z SDMC shall encourage applicants to regularly make payments towards the fee for current financial year and of renewal of license fee thereof. It is optional for the applicant to make the payment either on annual basis or for three years in lump sum. For this purpose it is made clear that in the case of fresh license the 10% discount shall be given when the applicant makes lump sum payment for three years. In the case of renewal the discount of 10% shall be made available only when it is made before the expiry of the existing license period. z Further, to such applicants, who choose to pay the license fee on annual basis, they shall be encouraged to pay through ECS8 FORMAT. z It is pertinent to mention that the MIS from bank in case of ECS shall help auto generate list of defaulters by 15th April of every new financial year thereby helping SDMC in focussed enforcement. z However, establishments shall have the option of making license renewal fees payment in cash at the South Delhi Municipal Corporation approved locations or direct payment into the designated bank account for license renewal of the South Delhi Municipal Corporation. That the standard payment slip can be downloaded from the website of SDMC and the entire partnering bankjs shall also keep such customised pay in slips for benefit of licensee. —————— 6 Annexure-VI 7 Annexure-VII 8 Annexure-VIII [ 25 (S) ] (21) COST OF ELECTRONIC TRANSACTION CHARGES TO BE BORNE BY THE APPLICANT : All electronic payments be it during special door to door registration scheme of later for renewal shall be borne by the applicant. (22) SPECIAL REGISTRATION DRIVE AND MODE OF PAYMENT OF LICENSE FEES/ PROCESSING FEES DURING THE SPECIAL REGISTRATION DRIVE : z The SDMC shall select an agency through tender process to carry out door to door registration/special registration camps in markets to ensure universal coverage of establishments under Trade license falling in the jurisdiction of SDMC. z For this service, processing charges in addition to the applicable license fees shall be paid by the establishme z The processing charges can be paid either in the form of Demand Draft or Online/POS Machines using Debit or Credit Cards or Pay Pal Card etc. or Mobile Payment or Cash or any other method as approved by Reserve Bank of India. z That the establishment has the option of making direct payment in the designated bank account for such purposes. The SDMC or any agency appointed thereof shall not be responsible for any cash payments to unauthorised persons or at unauthorised locations. (23) MODE OF PAYMENT OF LICENSE FEES BY ESTABLISHMENTS HAVING MULTIPLE LICENSED UNITS ACROSS JURISDICTION OF SDMC : If any establishment having the same PAN Number has multiple shops/establishments across jurisdiction of SDMC (e.g. retails stores chains etc.), the establishment can pay centrally for all establishments to the competent authority :— (a) This is in line with the demand for Corporate having multiple establishments in a city, whose Compliance Officer wants to pay all license fees in one go without the need for undergoing complex and multiple documentations. (b) At the time of registration of such establishments, they shall have to provide additional information in supplementary registration form along with photo of the establishment and address proof. For all such existing licensed units, the quoting of allotted license number shall be mandatory, pending which the amount shall be forfeited and license cancelled. (24) MODE OF MANAGEMENT OF LICENSE FEES/PENALTY ETC. : All the income generated under this scheme shall be deposited in general account of SDMC. Income received on account of following transactions shall be maintained in the D&C register separately indicating following mandatory details :— (a) Commissioner, South Delhi Municipal Corporation License Registration A/c. (b) Commissioner, South Delhi Municipal Corporation License Renewal A/c. (c) Commissioner, South Delhi Municipal Corporation License Penalty A/c. (d) Commissioner, South Delhi Municipal Corporation License Interest A/c. [ 26 (S) ] (e) Any other account that the Commissioner, South Delhi Municipal Corporation may deem fit :— z This is not only beneficial from the point of view of accounting and audit but will also help keep track of defaulters. z Daily reconciliation of bank statements shall be done and the audit shall be done on a fortnightly basis by SDMC for this purpose. (25) GRANT OF PROVISIONAL LICENSE/LIMITED LICENSE : In order to streamline records of trade license and ensure transparency, all applicants of new Trade Licenses shall be issued by a Provisional License/Provisional Limited License which shall be valid for a period of 90 days. The Provisional License/Provisional Limited License shall be issued only after submission of complete application/pending scrutiny and the payment receipt is confirmed. (26) LICENSE ISSUING AUTHORITY : The permanent license may be given once all the documents are verified and application approved by the competent authority. Under Section 491 of the DMC Act, the Commissioner hereby gives concurrence for license issuing authority as under :— (a) Administrative Officer of License Department for all licenses with annual license fees upto Rs. 7,500/-. (b) Asstt. Commissioner (Licensing) of the respective zones or all licenses with annual license fees of Rs. 7,501/- and above. (27) RENEWAL FROM RESPECTIVE ZONE UNDER SDMC : The licensee shall be required to submit application for renewal along with proof of payment of prescribed license fee to the CSB counters in the respective zone. Further, renewal can also be applied on-line through the application provided by the Corporation. The Application for renewal has to be submitted at least 30 days prior to the date of expiry of the license being held by the licensee. In case of renewal application submitted at CSB counters, applicable CSB service charges shall be paid in addition to the license fee. (28) TIME LIMIT FOR ISSUANCE OF TRADE LICENSE : The Licensing Branch of the zones has to process the document and complete all the formalities within 60 days of submission of the application form. In case of any deficiencies/anomalies are noticed in the same, it shall be communicated to the applicant within 15 days of receipt of the application. (29) PERIOD OF VALIDITY OF LICENSE : In the interest of convenience of licensees (as the current financial year would shortly come to an end by the time this policy is opetationalized) the validity of the license issued in case of license fee paid for one year shall be 31-3-2014. Similarly if the establishment has paid license fee for three years, its validity shall be 31-3-2016. For purposes of record, every license granted under Section 417 and 430 of DMC Act shall cease to be valid on 31st day of March of the year. All trade & storages which require annual consent of Delhi Fire Service, DPCC, Delhi police etc shall be given license annually only. [ 27 (S) ] (30) PENAL ACTION FOR NON COMPLIANCE : No person shall run trade activity without written permission of the Commissioner, SDMC. Any violation of the obligation imposed by or under the Act shall attract Prosecution action as laid down u/s 461 and 12th Schedule. (31) PENALTY : Penalty for Non Registration within the Sepcified Time Limit : Penalty of Rs. 1,000/- for each such default and Rs. 100/- per day post the notice period. (32) FORMAT OF NOTICE FOR COMPLIANCE : Those establishments who fail to get registered despite PUBLIC NOTICE9 and don’t pay the relevant license fees/processing charges during the door to door registration shall be served with a DEFAULTER NOTICE10 for compliance, format of which is enclosed. The CL & EC Department is empowered to improvise the language of the notice as may be warranted from time to time. (33) GENERAL TERMS AND CONDITIONS FOR GRANT OF LICENCE : After receipt of application, the Authorised Officer may visit the site within 15 days for inspection/enquiry as he may deem fit, and thereafter issue the licence after obtaining approval of the Competent Authority within 60 days of the receipt of application. The following norms will be adopted by the licensee also :— (a) The licensee shall permit the authorized officer to inspect the premises under consideration and licensed premises at all reasonable times and without notice. (b) The licence shall be displayed in the trade premises and the licensee shall on demand produce it for inspection to the authorized officer. (c) The licensee shall neither do nor permit any negligent act likely to cause fire or otherwise endanger the public safety in the licensed premises. (d) The licensee shall provide such adequate fire extinguishing measures and appliances as may be determined by Delhi Fire Service. (e) Whenever the licensed premises will be vacated, the licensee shall inform the concerned Officer and will return the licence. (f) The licensee shall keep the premises clean and will prevent accumulation of filth or refuse. (g) The licence shall not be transferable from one premise to another. (h) The licensee shall make separate storage arrangements for the articles which are intended for human & annimal consumption and which are poisonous or likely to contaminate. (i) The licensee shall ensure that not act done in the license premises shall lead to danger to life or property, nuisance etc. (j) The licensee shall not encroach upon public land in any manner. —————— 9 Annexure-IX 10 Annexure-X [ 28 (S) ] (34) REVOCATION. SUSPENSION AND RESTORATION OF LICENCE : If the licensee fails to comply with any of the conditions of licence, the Dy. Commissioner of the concerned zone or any other authorized officer, after giving an opportunity to the licensee of being heard in the matter, revoke or suspend the licence. The appeal for restoration of such revoked/suspended licence will lie with the Addl. Commissioner, In-charge of the Zone, if the licensee has removed the contraventions. (35) DUPLICATE LICENSE : The duplicate license will be issued in case the original trade license is lost, mutilated or destroyed etc. Processing fees For duplicate license shall be Rs 1,000/- per license and shall be applied along with old license no (with copy of the original license if available), copy of FIR/NCR in case it’s lost or misplaced and an affidavit on Rs. 10/- Non Judicial Stamp Paper to the effect that the lost license, if traced, will not be misused and will be returned to the SDMC. List of Annexures attached with this policy : (a) ANNEXURE-I — CVC DIRECTIONS FOR USE OF TECHNOLOGY IN GRANT OF LICENSE (b) ANNEXURE-II — TRADE LICENSE CLASSIFICATION CODE & APPLICABLE TRADE LICENSE FEES (c) ANNEXURE-III — MASTER PLAN REGULATIONS (d) ANNEXURE-IV — AFFIDAVIT FORMAT (e) ANNEXURE-V — APPLICATION FORM FOR NEW TRADE LICENCE (f) ANNEXURE-VI — LICENSE FORMAT (g) ANNEXURE-VII — LIMITED LICENSE FORMAT (h) ANNEXURE-VIII — ECS FORMAT (i) ANNEXURE-IX — PUBLIC NOTICE (j) ANNEXURE-X — DEFAULTER NOTICE FORMAT (k) ANNEXURE-XI — APPLICATION FORM FOR RENEWAL OF TRADE LICENCE (l) ANNEXURE-XII — APPICATION FORM FOR DUPLICATE TRADE LICENCE (m) ANNEXURE-XIII — PROVISIONAL LICENCE FORMAT [ 29 (S) ] ANNEXURE-I MUNICIPAL CORPORATION OF DELHI CENTRAL LICENSING & ENFORCEMENT CELL Nigam Bhawan, Kashmere Gate, Delhi-6 No. OSD/CL&EC/2010/16 Dated : 19-1-2010 Please find enclosed herewith the Minutes of the meeting of Select CVOs held on 30-11-2009, issued by Ms. Shalini Darbari, Director, Central Vigilance Commission (CVC) vide No. 009/CRD/021/67283 dated 16-12-2009, for taking necessary action on the item related to issue of Licences and Building activities in the Zones of MCD. Encl. : As above. Sd/(AMIYA CHANDRA) OSD (CL&EC) 1. All DCs/ACs of the Zones of the MCD (City Zone). 2. Superintending Engineer (Building) (HQ), MCD. Copy for kind information to :— 1. Addl. Cm. (revenue), MCD 2. Chief Vigilance Officer, MCD. No. 009/CRD/021/67283 GOVERNMENT OF INDIA CENTRAL VIGILANCE COMMISSION Satarkta Bhawan, Block-A GPO Complex, INA New Delhip110023 Dated 16th December, 2009 To, Shri Pradeep Srivastava, Chief Vigilance Officer, MCD, 16-Rajpur Road, Delhi. Subject :— Meeting with Select CVOs—regarding. Sir, A copy of the minutes of the meeting of Select CVOs held in the Commission on 30-11-2009, is enclosed for necessary action. Action taken report in the matter may be furnished to the Commission at the earliest. Yours faithfully, Sd/- 16-11-2009 (SHALINI DARBARI) Director [ 30 (S) ] MINUTES OF THE REVIEW MEETING HELD BY THE COMMISSION WITH SELECT CVOs ON 30-11-2009 CVC in the chair. 2. At the outset, CVC welcomed the participants and informed that the Commission was reintroducing the system of holding review meetings with CVOs in samailer groups, in order to address problem areas in a more focused manner. There was need for CVOs to concentrate on areas prone to corruption specially where there was public interface. The public delivery services reflected the face of the Government to the public at large and even petty corruption in these places marred the image of the Government. The senior officers should be sensitive to these aspects and should act decisively to put a curb on corrupt practives in their respective departments, else penal action could result against senior officials if visible improvement was not perceived. The priority of the Government in this regard was clearly laid down. The departments like DDA would have to minimise personal contacts to the largest extent possible. The Commissioner’s emphasis on leveraging of technology to stop public interface should be accorded highest priority by CVOs. Non implementation of these guidelines by the organisations would be interpreted as “malafide” and could invite disciplinary proceedings. 3. Vigilance Commissioner Smt. Ranjana Kumar emphasised the need for adhering to the time limits set. The delays in cases needed to be explained. There was a lack of densitivity towards gravity of issues. The monthly report being sent by CVO was taken as a routine. There was a need for a stated complaint handing policy in all organisations. The focus should be on putting systems and policy in place. CVOs should not go by presumptions but do proper analysis of facts. The issues pertaining to the departments were also discussed. GNCTD : 1. CVC desired that Delhi Government should concentrate on systems improvements. One officer in each of the major departments of Delhi Government should be nominated as CVO. A CVO can also be appointed for a cluster of departments. This should be acted on immediately. The list of designated officers should be sent to the Commission by end of December, 2009. (Action : CVO, GNCTD) 2. CVO, GNCTD raised the issue of the cases where the files were lost and action could not be proceeded with CVC observed that the issue was quite grave. The custodian of the file should be taken up under disciplinary proceedings. Simultaneously efforts should also be made to reconstruct such files. (Action : CVO, GNCTD) 3. CVC mentioned about the lack of leveraging of technology in Government of Delhi. This aspect should be attended to by CVO. (Action : CVO, GNCTD) 4. CVC desired that technical audit of systems in transport department should be undertaken. (Action : CVO, GNCTD) [ 31 (S) ] Railways : 1. CVC observed that Railways should also concentrate on systematic improvements specially freight operations and parcel bookings. (Action : CVO, Railways) 2. The areas of activity where public interface is maximum should be immediately taken up for computerisation in order to minimise the use of discretionary powers. (Action : CVO, Railways) 3. The CVC observed that the seniority of the officials should not come in the way of objective analysis of the cases. (Action : CVO, Railways) 4. The number of cases being generated in the Ministry of Railways was very large. CVO, Railways mentioned that a proposal had been sent to the Commission in this connection. CVC desired that the proposal should be examined quickly in the Commission. (Action : Coordination-I) MCD : 1. CVO, MCD informed the Commission about systemic changes introduced in the area of sanction of Building Plans and sanction of Completion Certificates. CVC observed that the areas of activities where MCD had to accor clearances especially relating to licences should be streamlined. These activities should also be covered under leveraging of technology. This should be done within the time frame of six months. (Action : CVO, MCD) LIST OF PARTICIPANTS Shri A.P. Mishra, Advisor (Vig.), Railway Board, Rail Bhawan, New Delhi. Smt. Rina Ray, Secretary (Vig.), Govt. of NCT of Delhi, Delhi Sachivalaya, New Delhi. Shri Pradeep Srivastava, Chief Vigilance Officer, MCD, 16, Rajpur Road, Delhi. [ 32 (S) ] Smt. P. Gopinath, Chief Vigilance Officer, Delhi Jal Board, Varunalya Phase-II, Karol Bagh, New Delhi. Shri Alok Swarup, Director (Vigilance), DDA, Vikas Sadan, INA, New Delhi. Shri Sat Paul, CVO, BSNL, Corporate Office, Statesman House, New Delhi. Ms. Jasdeep V. Singh, CVO, CLEC, Room No. 280, Samrat Hotel, Chankyapuri, Kautilya Marg, New Delhi-110021. ANNEXURE-II TRADE/STORAGE LICENSE—CLASSIFICATION CODE AND ANNUAL LICENSE FEES —————————————————————————————————————————— S. Major Category Sub Description Annual No. Code Code License Fees —————————————————————————————————————————— 1. 001 Retailing general 001A Fire fighting/extinguishing equipments 001B Home furnishings 001C Locks & safe 001D Multi brand hyper marts/multi brand retail outlets/bulk cash and carry stores 001E Music instruments 1,200/- 001F Neighbourhood general stores 1,200/- 001G Stores & shops in malls, hotels, shopping complexes, major market complexes, main roads retailing any kind of consumer goods 7,000/- [ 33 (S) ] 1,200/15,000/1,200/15,000/- 2. 3. 002 003 001H Stores/shops in loca shopping centers (DDA market)/convenient shopping ceters (DDA market) retailing any kind of consumer goods 1,500/- Note : In case of mixed retail (Edible & non edible) the majority items shall decide the licensing authority 002A Back end data Processing for Banks/Telecom/ Insurance/Any other sector etc. 002B Back end Engineering support Services/Network support services 15,000/- 002C BPO/Call centers 15,000/- 002D Cable Network 3,000/- 002E Computer aided design 6,000/- 002F Cyber Cafe 1,200/- 002G EPC (Engineering Project Management Services/ Project Consultancy for Turnkey Management) 15,000/- 002H Mobile/Telecome Operator Company Offices 15,000/- 002I Mobile Phone Retail Stores/Mobile Recharge Coupon Store/DTH Recharge Coupons/ Mobile Accessories/Mobile Repair Shops 2,000/- 002J Photocopy/Xerox/Book Binding 1,200/- 002K Server Management Services/Data Centers 15,000/- 002L Software Developers—Pvt. Ltd./Ltd. Companies 15,000/- 002M Software Developers—Propreitor Ship Firms/ Partnership Firms 6,000/- 002N STD/PCO 1,200/- 002O Telecom Exchange Private 003A ATM Machimes—Offsite as well as onsite (in case of outsourced ATM’s also Compliance shall be done still shall be done by the Bank to whom they are connected) 003B Bank Branches or their Offices (all Banks Recognized by RBI) 12,000/- 003C Carbon Trading/Carbon Finance/Intermediaries 15,000/- Telecom related 6,000/- 15,000/- Financial Sector [ 34 (S) ] 5,000/- 4. 5. 6. 004 005 006 003D Car Finance 6,000/- 003E Financial Research & Advisory Services 15,000/- 003F Stock Broking Company/Portfolio Investment Management Company 15,000/- 003G Food Grain Commission Agents 003H Insurance Company Branches or their Offices (Life/Non Life/General Insurance) 003I Mobile Banking Solution Provider 6,000/- 003J Mony Transfer agencies like Westers Union/ Money Exchange 6,000/- 003K Multi level Marketing Companies 15,000/- 003L Non Banking Financial Companies & Their Branches 12,000/- 003M Online financial Services/Online Portals where Goods/Services are Traded/Sold/Provided for Commission or Payment/Ecommerce Services 15,000/- 003N Share Trading Terminal—Individual operated and limited to one machine only in case of more than one machine shall be treated as stock broking company 3,000/- 003O Third party administrators for insurance companies 6,000/- 004A Computer gaming/video game parlors 1,200/- 004B Business centre operating individually or in hotels 004C DJ & light/sound band 005A Health fitness equipment 005B Optical glasses 3,000/- 005C Scientific equipments and accessories 2,000/- 005D Surgical & medical equipments 2,000/- 006A Airhostess training/personality development grooming academy 006B Basic Computer classes (non specialized training) 3,000/12,000/- Leisure & Entertainment 15,000/3,000/- Helath & fitness Educational [ 35 (S) ] 12,000/- 15,000/2,000/- 7. 8. 007 008 006C Coaching Centre—any kind of competitive exams whether for Medical/Enginnering/MBA/ Government Jobs/Banks/Insurance any other jobs etc. 15,000/- 006D Coaching Centre—Student Counseling for Overseas Education & Related Placements 15,000/- 006E Coaching Centre—Technical like ERP/Software Training/Computer Hardware/Computer Networking Multimedia 15,000/- 006F Correspondence Tutorials 15,000/- 006G Kindergarten Schools & Schools not Affiliated to ICSE/CBSE/State Examination Board 2,000/- 006H Music/Dancing/Fine Arts Training/Aerobics Training 2,000/- 006I Online Tutorials 15,000/- 006J Private Colleges/Technical Institutions/ Vocational Institutions/Study Centres of Universities in other States/Including their Administrative Offices 15,000/- 006K Private schools till class 10th 10,000/- 006L Private schools till class 12th 15,000/- 006M Skills Development Courses 15,000/- 007A Builders and Civil Contractors 10,000/- 007B Nursery 1,200/- 008A Shuttering and scaffolding 3,000/- 008B Boring & drilling 3,000/- 008C Brushes used in painting 1,200/- 008D Building material (sale of sand/cement/ stone chips/bricks either singly or in combination) 3,000/- 008E Cane and cane products 3,000/- 008F Cement and cement concrete models 3,000/- 008G Chair/table/furniture and plywood or wooden materials/sandalwood/wood fiber 3,000/- Housing related Building material/ Fabrication/ Furnishing [ 36 (S) ] 9. 10. 11. 009 010 011 008H Corrugated sheets—iron/steel/asbestos/plastic/ fibers/khapda etc. 3,000/- 008I Crockery/bone china/cutlery 2,000/- 008J Doors & windows 3,000/- 008K Floorings—kota stone/tiles/linonium/wooden flooring/marble/slate/granite/stone etc. and related works like cutting, polishing, dressing etc. 7,000/- 008L Glass & related articles 6,000/- 008M Hardware/sanitary fittings 3,000/- 008N Iron and steel—angles/rods/sariya/tor and any iron related fabrication (non factory) 6,000/- 008O Metal Fabrication/casting/polishing/assembling parts of metal etc. 3,000/- 008P Plywood/hardwood 3,000/- 008Q Tomber—including timber trade/cutting/sawing 3,000/- 009A Administrative offices/private offices/Government PSU offices 6,000/- 010A Consumer electronics 2,000/- 010B Computers & peripherals 2,000/- 010C Solar power/alternative energy based products 1,200/- 010D Cables and wire 2,000/- 011A Advertisements agencies 2,000/- 011B AMC/after sales service 3,000/- 011C Architect/interior decorator 3,000/- 011D Audio visual equipment/conference equipment rental 3,000/- 011E Book binding 1,200/- 011F CNF agencies 15,000/- 011G Courier services 2,000/- 011H Electronic goods repair shop 3,000/- 011I Event management companies Offices Electricals Service industry [ 37 (S) ] 12,000/- 12. 012 011J Film distributor 3,000/- 011K Florist 2,000/- 011L Gas/cooking stove dealer 1,200/- 011M Memm (heavy earth moving materials); cement mixing; chanes services leasing/ renting companies Hemm 011N Horoscope services 2,000/- 011O House keeping services 3,000/- 011P HR Consultancy/consulting companies/ placement agency 3,000/- 011Q Movers and packers 7,000/- 011R Photo framing 1,200/- 011S Printing press 2,000/- 011T Property dealers/real estate agents 2,000/- 011U Security & detective agencies 3,000/- 011V Taxi rental service 1,200/- 011W Tent house including storage of shamiana/ kanat/tents 2,000/- 011X Third party inspection, testing & certification services 6,000/- 011Y Tours & travel agents 1,200/- 011Z Transporters/transport agents/shipping & logistical services/cargo agents/Air cargo related activities 3,000/- 011AA Tyre repair & puncture repair 600/- 011AB Watch repair 600/- 011AC Wedding planner 011AD Welding & molding—By gas/electric or whatsoever process 3,000/- 012A Acids (to be issued by Deputy Commissioner only) 1,200/- 012B Air Compressing 1,200/- 012C Ayurvedic medicines 1,200/- 10,000/- 10,000/- Chemicals/ petrochemicals/ gases [ 38 (S) ] 012D Bitumen & Tar 1,200/- 012E Box/cartons 1,200/- 012F Camphor 1,200/- 012G Carbide/calcium 1,200/- 012H Celluloid/celluloid material or goods 1,200/- 012I Charcoal/coal 1,200/- 012J Chemicals—liquid/solid/powder (Except those in negative list) 3,000/- 012K Chemist shops in case they are retailing consumer goods also 1,200/- 012L Cinematography film/and processing related thereof 3,000/- 012M Cooking gas retail agencies 2,000/- 012N Copra and all kinds of fibers 1,200/- 012O Cosmetic/toilet goods 1,200/- 012P Electroplating 1,200/- 012Q Fireworks—subject to permission of local administration and police 2,000/- 012R Flax 1,200/- 012S Foam & rexine 2,000/- 012T Incense sticks & worship items 1,200/- 012U Ink for printing/writing or stamping 1,200/- 012V Insecticide/pesticides/fertiliser 1,200/- 012W Lathe machine 1,200/- 012X Leather/plastic/fiber 1,200/- 012Y Lime 1,200/- 012Z Medical/industrial gas 2,000/- 012AA Non edible oils 2,000/- 012AB Paints/thinner/varnish/solvents 3,000/- 012AC Paper/stationary & cardboards/office accessories 1,200/- 012AD Perfume & EDOS 1,200/- 012AE Petrol pump/CNG station/Kerosene depots/ Petroleum and Pertoleum products 3,000/- 012AF Plastic goods 1,200/- [ 39 (S) ] 13. 14. 013 014 012AG Repleted and denatured spirits 1,200/- 012AH Resin or dammar 1,200/- 012AI Rubber rubber goods 1,200/- 012AJ Saltpetre 1,200/- 012AK Soaps & detergents 1,200/- 012AL Straw 1,200/- 012AM Wax products & candles 1,200/- 013A Animal food/hay/fodder 1,200/- 013B Pet animal trading 3,000/- 013C Pet food & accessories 3,000/- 013D Skin/hide/bone and related activities 3,000/- 014A Auto spare parts 2 Wheeler 1,200/- 014B Auto spare parts Four Wheeler 3,000/- 014C Automobile sales showroom 15,000/- 014D Automobile workshops & service station— company owned 10,000/- 014E Automotive Oils 2,000/- 014F Battery and Invertor 2,000/- 014G Car Accessories 3,000/- 014H Cycle shops/spare parts 1,200/- 014I Motor body building/denting/painting 6,000/- 014J Motor driving school 2,000/- 014K Seat and seat covers 3,000/- 014L Second hand vehicle dealers—Auto deals fairs/ commission agents 3,000/- 014M Small automobile workshop operated by individual mechanic 2,000/- 014N Tyre remolding 2,000/- 014O Tyres/tubes & accessories retail 2,000/- 014P Wheel alignment & balancing 3,000/- Animal related Automobile [ 40 (S) ] 15. 16. 015 016 Equipments 015A Agricultural tools and equipment 1,200/- 015B Air compressors & parts 3,000/- 015C Machinery & machinery tools 3,000/- 015D Machinery spare parts 3,000/- 015E Sewing machine 1,200/- 016A Aluminum/tamba/kansaya/peetal/metal goods made thereof 1,200/- 016B Bangles glass/plastic glass bangles 1,200/- 016C Books/stationary/paper and related products 1,200/- 016D Cloth merchandise–cotton/silk/wool/yarn. tarulin or their refuse or carding or processing etc. 2,000/- 016E Gunny bags/jute and jute related products 1,200/- 016F Hair 2,000/- 016G Home utensils 1,200/- 016H Hosiery 1,200/- 016I Leaves of any kind 1,200/- 016J Matches/match box/lighters 1,200/- 016K Movie CD’s/Audio CD’s/DVD/Blue Ray DISC etc/Digital storage devices 2,000/- 016L Old goods recycler/disposal house 3,000/- 016M Packing and packaging material 1,200/- 016N Photography studio/videography/and related materials 1,200/- 016O Rags and waste material 1,200/- 016P Seeds—Non edible 1,200/- 016Q Sports goods 3,000/- 016R Suitcase/briefcase/bags/trunks 2,000/- 016S Toys & gifts material/card store 1,200/- 016T Umbrellas 1,200/- Miscellaneous [ 41 (S) ] 17. 18. 19. 20. 017 018 019 020 Permissions 017A Permission to hold exhibitions or sale in temporary basis on weekly basis 10,000/- 017B Stalls & exhibitions (Per stall) on weekly basis 018A Art galleries 018B Artificial Jewellery 1,200/- 018C Blacksmith/Goldsmith/Silversmith/Tinsmith/ Copper smith 1,200/- 018D Block making 1,200/- 018E Branded Jewellery store 018F Jewellery stores 6,000/- 018G Pottery 1,200/- 018H Precious metal refining of or recovering of the from embroideries 1,200/- 018I Sharpening of metals 1,200/- 018J Utensil polishing 1,200/- 018K Wire netting, knitting, drawing 1,200/- 019A Cargo/transport/logistics/courier agency godown 3,000/- 019B Chemical storage godown (Subject to special serutiny) 019C Gas/CNG godowns 3,000/- 019D Storage godowns (Not defined elsewhere) 3,000/- 019E Storage of explosive materials (Subject to approval of DFS/Delhi Police/other competent authority) 15,000/- 019F Storage godown for hypermarts 15,000/- 1,200/- Fine Arts 15,000/- 15,000/- Storages 15,000/- Others 020A Others 15000/—————————————————————————————————————————— [ 42 (S) ] ANNEXURE-III TRADE/STORAGE POLICY, SDMC-PROVISIONS MPD-2012 1. In residential areas (approved colonies/unauthorized regularized colonies/resettlement colonies/village abadies) : (a) Household Industries : Household Industrials units (Group-A) are allowed on any floor in residential areas to the extent of 50% of permissible floor area of the dwelling units as per Clause 7.4, 7.5 & table 7.1 of MPD-2021 subject to conditions/provisions of MPD-2021. (b) Small Shops : The small shops of maximum 20 sqm. Area are allowed on ground floor only in residential plots of all categories including A&B Category colonies. The list of such trade/activities is given under clause 15.6.3 of MPD-2021. (c) Notified Commercial/MLU/PSS Streets : Retail Shops on Plots abouting notified mixed-use streets including PSS (mixed use) are permitted on ground floor only as per MPD-2021. Mixed use from basement on such street may be allowed. Subject to relevant provision of building byelaws, structural safety and fire safety clearance. However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used, subject to payment of appropriate charges prescribed with the approval of Government, Para 15.3.2.1, 15.3.2.2, 15.3.2.3, 15.3.3 (i) and 15.4 and other relevant provision shall be read along with the above provision. (Refer clause 15.6 & it modification vide notification dated 12-8-2008). Activities permitted under Local Shopping Center on Notified commercial streets including PSS (commercial) on all floors are permitted. Commercial activity in basement on such street shall be permitted, Subject to relevant provisions of building byelaws, Structural safety and fire safety clearance. However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used, subject to payment of appropriate charges prescribed with the approval of Government. (Refer clause 15.12 of MPD-2021 & its modification vide notification dated 12-8-2008). (d) In Village Abadies : House hold industries as listed under Group-A and A-I under Chapter-7 of MPD-2021 are permitted in village (abadies) on any floor to the extent of 50% of permissible floor area of the dwelling units subject to other provisions of Master Plan. (e) Clause 5.1. PRE 1962/MPD-1962 Commercial Areas : Residential areas and street/stretches earlier declared as commercial areas/street or where commercial use was allowed in MPD-1962 shall continue such use at least to the extent as permissible in MPD-1962. Commercial activities existing from prior to 1962 in residential areas are also permitted subject to documentary proof thereof. (f) Clause 15.3.1 in already urbanized/urban areas, mixed use shall be permissible in the following areas : (i) On all streets/stretches already notified by the competent authority. [ 43 (S) ] (ii) Residential areas and streets/stretches earlier declared as commercial areas/streets or where commercial use was allowed in MPD-1962 shall contimue such use at least to the extent as permissible in MPD-1962. (iii) Commercial activity existing from prior to 1962 in residential areas. Subjects to documentary proof thereof. General : 15.1 (v) Mixed-use (including small shops as per Para 15.6.3) shall be permitted in the Lutyens’ Bungalow Zone, Civil Lines Bungalow zone, Government housing, institutional/staff housing of public and private agencies and buildings/precincts listed by the Heritage Conservation Committee. 15.6.2 The following activities shall not be allowed under Mixed Use : (a) Retail shops of building materials [Timber, Timber products (excluding furniture), marble, iron and steel, (gravel, cement and sand 2], firewood, coal and any fire hazardous and other bulky materials. (b) Repair shops/workshops of automobiles, tyre resoling and-re-treading, and battery charging 3. (c) Storage, go-down and warehousing. (d) Junk shop (except paper and glass waste) (e) Liquor shop (f) Printing, dyeing and varnishing (g) Any other activity that may be notified from time to time by Government. Notes : Will not include : 1. Business of finished marble products where cutting and polishing activity of marble is not undertaken. 2. Retail shops of gravel, sand and cement shall be permissible in residential plots of at least 50 sqm., in notified mixed use streets in E, F & G Category colonies, provided that the material is kept entirely within the plot premises. 3. Repair shop and workshops in case of automobiles shall not be prohibited on plots abutting mixed-use streets of right of way (ROW) of 30m or more. 2. Commercial areas (MCC, DC, NC, LSC, CSC, Service Markets & Service Centre) : (a) Commercial activities as given under table 5.1 & 5.2 of MPD-021 are permitted. (b) Industrial activities as listed under Group-A, A1 & B, Service/Repair/Parking/Assembly permitted on plots falling in CSC, LSC, CC, DC, Service Master/Services as per Table 7.1 of MPD-2021. (c) On commercial component permitted in Group Housing, Petrol Pumps and Hotels etc. as per provisions of MPD-2021. [ 44 (S) ] 3. Industrial Areas : (i) Units retail outlet and administrative office up to maximum 10% of floor area permitted on ground floor only on approved industrial plots. (ii) The activities of local shopping centre are permitted on industrial plots converted to Commercial use as per footnote (VI) of Table 7.30 of MPD-2021. (ii) In designated commercial areas within Industrial Areas i.e. Shopping Centre, Services & Repair Shops etc. ANNEXURE-IV NOTARISED AFFIDAVIT ON Rs. 10 E-STAMP PAPER 1. That the license is being sought for the establishment in the name of ________________ having premises at ___________________and running w.e.f. _____________ and the mentioned address is the correct address for license purposes; 2. That I/we __________________________ S/o _____________________________ R/o ________________________________ am the Prop/Partner/Director/Manager/ Authorised Signatory of the said establishment and I/we am fully empowered to apply for Trade License to the South Delhi Municipal Corporation (SDMC). 3. That I/we agree that the License is being issued in the name of the establishment and does not have any bearing on the ownership and cannot be used for settlement of ownership disputes. That I shall not claim any right/title in the property/premises on the basis of the said license. 4. That the building is structurally safe and sound. That in case of any accident/mishappening. I/we will be personally liable for any claim/damages or legal liabilities from any quarter. I/we further undertake that I/we shall maintain the structural stability during the continuation of trade. 5. That I/we further undertake not to claim being not entitled to regularize any unauthorized construction and ownership or any other type of claim on the basis of the Trade/Storage License. 6. That I/we will not hold the SDMC responsible or liable for any action against me by any authority, arising from or out of the grant of the said license and completely indemnify/ keep harmless the SDMCor any action that may be taken or proposed to be taken by any of the authorities or Government Department or any Court of Law. 7. That there is no court case on account of violation of any law is pending against the above establishment with respect to grant of License and I/we completely indemnify SDMC for any loss due to court case or any reason whatsoever with regard to dispute being applied/ sanctioned herewith. 8. That I/we shall not use this license for any casein Court of Law. 9. That this document shall not be used for the purpose of obtaining any ID Document from any Government Agency. [ 45 (S) ] 10. That I/we shall not permit in the Licensed Premises any negligent act likely to cause fire or otherwise endanger public safety. 11. That I/we shall at all times adopt and cause to be maintained in good order and efficient action upon the licensed premises all such appliances or means for the purpose of minimising danger to life or property or preventing, abutting or minimizing any nuisance annoyance of inconvenience to the neighbourhood or public from the use of which the premises are put. 12. That in case of death of the proprietor/partner/director/member etc. I/we shall inform the same to SDMC within 30 days from the date of issue of death certificate and surrender the existing license and get a new license issued as per procedure defined by SDMC. That my license shall stand automatically cancelled and we are non-eligible for renewal in case we fail to inform about the same within 30 days from the issue of death certificate. That any attempt to continue business post death in the above circumstance shall be treated as a fraudulent practice and punishable under appropriate provisions of law. 13. The license so granted shall stand automatically cancelled in case of change of ownership/ change of address/change of nature of business/change of constitution of the establishment and is non transferable. 14. That I/we have installed all the fire fighting equipments as per specifications of Fire Safety Standards of the Competent Authority and completely indemnify the SDMC from any incident of fire due to the grant of the said license. 15. That I/we will pay all fees, taxes, penalty, processing fees or any other charges that may be imposed by the authorized officer of SDMC. 16. That I/we shall comply with all statutory taxation as may be imposed by any agency and I/we understand that the grant of Trade. License does not exempt us from payment of such statutory taxes or dues or fines or any legal compliance by SDMC or any Government Agency. 17. That at any point of time if any Government Order/Directions from Any Court of Law warrants special conditions/obligations to be met by the establishment, it shall be abide by and honoured. I/we also understand that Grant of Trade/Storage license does not abdicate the responsibility of the licensed establishment towards such compliances and therefore, I shall comply with such legal/judicial requirements and grant of Trade/Storage License shall only be for the purposes of license fees collection. I/we also understand and undertake that at any point of time due to directions of Govt./Court of law such license becomes void, the license so granted shall stand automatically cancelled without any notice. 18. That I/we undertake that I/we shall strictly adhere to and abide by all terms & conditions imposed at the time of grant of Trade/Storage License and also imposed from time to time. 19. That the Commissioner, SDMC shall have the absolute right to refuse the renewal of the license or to alter ther terms & conditions thereof at any time either before the expiration or at the time of renewal of the Trade/Storage License. [ 46 (S) ] 20. That the license if granted by the Commissioner, SDMC for running the said trade/storage in the present premises, shall be liable to be suspended, withdrawn, revoked or cancelled at any time by the Commissioner without notice or without assigning any reason thereof u/s 430(3) of the DMC Act. 21. That my license is liable to be cancelledin case any of the declaration is proved to be otherwise or any of the information submitted in the application form is found to be otherwise. 22. That I/we shall keep the license prominently displayed in my establishment at all times and on demand by an officer of SDMC or personnel from agency appointed thereof shall produce the same for inspection at any time without any advance notice. 23. That I/we shall immediately inform the police and SDMC in case of loss or theft of the said license and attach a copy of the same while applying for duplicate license. 24. That I shall apply for a duplicate license in case of theft/mutilation or destruction etc. after payment of approved fees/penalty. 25. Whenever the licenses premises will be vacated, I/we shall inform the concerned zonal licensing officer or Competent Authority and surrender the said license. 26. That I/we shall keep the premises clean & prevent accumulation of filth or refuse. 27. As per my/our knowledge/information, the proposed activity is a permitted activity under the Master Plan of Delhi and related regulations or although the proposed activity/trade is not in conformity with the Master Plan norms/regulations applicable for the location, currently the said trade/use is protected under the Delhi Special Provision Act till the applicability of the said Act. I/we understand that the grant of this license does not abdicate our responsibility towards complying with any other provisions of the DMC Act or any other law for the time being in force. 28. That the sanctioned building plan/Occupancy certificate/regularisation plan (as the case may be) could not be supplied on account of _____________________________ (Refer Para 10.h.viii). 29. That there is no encroachment on public land in the proposed trade premises or there is an encroachment of ________ sqm. on public land and has been under existence since _________ and hence is protected/not protected under the Delhi Special Provisions Act. DEPONENT It is verified at Delhi on this day ________ of month ________ year 20 _______ that the above said information is correct to the best of my knowledge and belief. DEPONENT [ 47 (S) ] ANNEXURE-V [ 48 (S) ] [ 49 (S) ] [ 50 (S) ] XI. ENCLOSED DOCUMENTS : 1. ESTABLISHMENT REGISTRATION DOCUMENT—ROC Registration/Firm Registration from Registrar of Firms or Society/IEC (import/export) Code issued by Directorate General of Foreign Trade/Registration with Any Government Agency etc. 2. COPY OF PAN CARD IN CASE OF THE ESTABLISHMENT/PROPRIETOR—(in case establishment is exempt from PAN requirement the same should be sworn in the affidavit). 3. PROOF OF ADDRESS OF THE ESTABLISHMENT—Landline/Mobile Telephone Bill or Water bill or Electricity bill or Lease Deed/Rent Deed or Property ownership documents. 4. ID PROOF THE PERSON SIGNING THE APPLICATION FORM—Any Government ID Document or else PAN Card Copy. 5. AFFIDAVIT On Rs 10/- Stamp Paper duly notarised. 6. LOCATION OF THE PROPERTY MARKED ON AN AREA MAP—Any standard map such as Google Map or Eicher Map can be used. 7. CONDITIONAL REQUIREMENT : (i) Structural Safety Certificate. (ii) Fire NOC. (iii) Pollution NOC. 8. OPTIONAL : (i) In case of any existing trade license, proof of payment of applicable Trade License fees (ii) Proof of Payment of One Time Settlement Fees. If Applicable (iii) Latest Property Tax Receipt, If Any (iv) Proof of Parking & Conversion Charges, If Any (v) In case the land has been provided by SDMC or the erstwhile MCD or any other Government Agency (Tehbazari as applicable/Land & Estate etc.) a copy of the allotment letter (vi) Copy of Sanction Building Plan OR Plan of the establishment showing the dimensions and area. (vii) In case documents as mentioned above are not supplied, it shall not be a ground for denial of trade license. However, the licensee cannot claim/demand immunity from payment of such applicable Municipal taxes/fees/fines/penalties on the ground that the Trade License has been granted without verification of such applicable Municipal taxes/fees/fines/penalties. 9. OTHER DOCUMENTS AS APPLICABLE : SITE PHOTOGRAPH [ 51 (S) ] ANNEXURE-VI [ 52 (S) ] LICENSE TERMS (1) The license is non transferable and stand automatically cancelled in case of change of ownership/change of address/change of nature of busines/change of constitution of the establishment. (2) The license has been granted subject to the condition that the building is structurally safe, there are no encroachments on public land and the building is complaint with Fire Safety Norms. There is no legal matter pending against the establishment/nature of business in any court of law which prohibits grant of license/limited license. (3) The licensee shall ensure that no act done in the license premises shall lead to danger to life or property, nuisance etc. (4) The establishment shall be solely liable in case of any mis happening which threatens public safety or is in violation of the laws of the land. (5) The license cannot be used to claim ownership/settle ownership disputes/of obtain any Government ID Document. (6) The establishment shall at all times adopt and cause to be maintained in good order and efficient action upon the licensed premises all such appliances or means for the purpose of minimising danger to life or property or preventing, abutting or minimizing any nuisance annoyance of inconvenience to the neighbourhood or public from the use of which the premises are put. (7) The establishment shall pay all fees, taxes, penalty, processing fees or any other charges that may be imposed by the authorized officer of SDMC. (8) That at any point of time if any Government Order/Directions from Any Court of Law warrants special conditions/obligations to be met by the establishment, it shall be abide by and honoured. The establishment also understans that Grant to Trade/Trade/Storage license does not abdicate the responsibility of the licensed establishement towards such compliances and, therefore, shall comply with such legal/judical requirements and grant of Trade/Storage License shall only be for the purposes of license fees collection. The establishment also understand and undertaken that at any point of time due to directions of Govt./Court of law such license becomes void, the license so granted shall stand automatically cancelled without any notice. (9) The Commissioner, SDMC shall have the absolute right to refuse the renewal of the license or to alter the terms & conditions thereof at any time either before the expiration or at the time of renewal of the License/Limited License or suspend with draw/revoke without notice or without assigning any reason thereof u/s 430 (3) of the DMCAct. (10) The license/limited license is liable to be cancelled in case any of the declaration is proved to be otherwise or any of the information submitted in the application form is found to be otherwise. (11) The establishment shall apply for a duplicate license in case of theft/mutilation or destruction etc. after payment of approved fees/penalty. (12) The licensee shall permit the Authorized Officer to inspect the premises under consideration and licensed premises at all reasonable times and without notice. (13) The licence will be displayed in the trade premises and he shall on demand produce it for inspection to the Authorized Officer. (14) Whenever the licensed premises will be vacated, the licensee shall inform the Authorised Officer and will return the licence. (15) The licensee shall keep the premises clean and will prevent accumulation of fifth or refuse therein. [ 53 (S) ] ANNEXURE-VII [ 54 (S) ] LICENSE TERMS (1) The license is non transferable and stand automatically cancelled in case of change of ownership/change of address/change of nature of busines/change of constitution of the establishment. (2) The license has been granted subject to the condition that the building is structurally safe, there are no encroachments on public land and the building is complaint with Fire Safety Norms. There is no legal matter pending against the establishment/nature of business in any court of law which prohibits grant of license/limited license. (3) The licensee shall ensure that no act done in the license premises shall lead to danger to life or property, nuisance etc. (4) The establishment shall be solely liable in case of any mis happening which threatens public safety or is in violation of the laws of the land. (5) The license cannot be used to claim ownership/settle ownership disputes/of obtain any Government ID Document. (6) The establishment shall at all times adopt and cause to be maintained in good order and efficient action upon the licensed premises all such appliances or means for the purpose of minimising danger to life or property or preventing, abutting or minimizing any nuisance annoyance of inconvenience to the neighbourhood or public from the use of which the premises are put. (7) The establishment shall pay all fees, taxes, penalty, processing fees or any other charges that may be imposed by the authorized officer of SDMC. (8) That at any point of time if any Government Order/Directions from Any Court of Law warrants special conditions/obligations to be met by the establishment, it shall be abide by and honoured. The establishment also understans that Grant to Trade/Trade/Storage license does not abdicate the responsibility of the licensed establishement towards such compliances and, therefore, shall comply with such legal/judical requirements and grant of Trade/Storage License shall only be for the purposes of license fees collection. The establishment also understand and undertaken that at any point of time due to directions of Govt./Court of law such license becomes void, the license so granted shall stand automatically cancelled without any notice. (9) The Commissioner, SDMC shall have the absolute right to refuse the renewal of the license or to alter the terms & conditions thereof at any time either before the expiration or at the time of renewal of the License/Limited License or suspend with draw/revoke without notice or without assigning any reason thereof u/s 430 (3) of the DMCAct. (10) The license/limited license is liable to be cancelled in case any of the declaration is proved to be otherwise or any of the information submitted in the application form is found to be otherwise. (11) The establishment shall apply for a duplicate license in case of theft/mutilation or destruction etc. after payment of approved fees/penalty. (12) The licensee shall permit the Authorized Officer to inspect the premises under consideration and licensed premises at all reasonable times and without notice. (13) The licence will be displayed in the trade premises and he shall on demand produce it for inspection to the Authorized Officer. (14) Whenever the licensed premises will be vacated, the licensee shall inform the Authorised Officer and will return the licence. (15) The licensee shall keep the premises clean and will prevent accumulation of fifth or refuse therein. [ 55 (S) ] [ 56 (S) ] ANNEXURE-IX SOUTH DELHI MUNICIPAL CORPORATION (SDMC) CENTRAL LICENSING & ENFORCEMENT CELL (CL&EC) PUBLIC NOTICE No : 2012-13/CL&EC/TL/01 Date : As the South Delhi Municipal Corporation (SDMC) has been created on account of trifurcation of MCD, the SDMC needs to create a new database, of taxable entities for regulation and enforcement of related rules and regulations u/s 417of the DMC Act. Hence, all establishments (those having a valid license for the current financial year as well as unlicensed) covered under General Trade License have to undergo a fresh registration during a special door to door enrollment/special registration camps in markets and license fees collection drive through M/s. ....................................... who have been appointed by SDMC to complete this exercise. The registration form is available online on www.mcdonline.gov.in and any query in this regard can be addressed from our helpline number ...................... or through email at ............................ That applicable license fees and processing charges @ Rs. ............/- per application can be paid through Demand Draft /POS Machines Or Online Using Debit or Credit Cards or Pay Pal Card etc./ Mobile Payment/Cash At Authorized Locations/Any Method as approved by Reserve Bank of India. That for all electronic payments as an incentive the transaction charge shall be borne by the SDMC and there shall he no additional burden for transaction charges levied by banks on the applicants. Hence, you are hereby directed to ensure compliance by coordinating with the said agency. Failure to comply with the same shall result in penalty of Rs 1,000/- per license as well as additional penalties of Rs. 100/- per day from the service of default compliance notice besides appearing in person at the Central Documentation Office failing which the establishment shall be declared a defaulter and legal action shall be initiated including a warrant of distress of attachment for recovery of the same with additional costs as incurred for recovery. Hence, all establishments are required to coordinate/cooperate with the members of field enrollment team of the appointed agency during the door to door registration enrollment drive/special registration camps in markets. (Enforcement Officer) CL&EC (HQ) [ 57 (S) ] ANNEXURE-X SOUTH DELHI MUNICIPAL CORPORATIQN (SDMC) CENTRAL LICENSING & ENFORCEMENT CELL (CL&EC) TRADE LICENSE—COMPUTEER GENERATED DEFAULTER NOTICE No. : 2012-13/CL&EC/DN/ Date : To, In order to ensure transparency in licensing and related record keeping, the CL&EC Department, SDMC has started a special door to door registration enrollment drive/special registration camps in markets and on the spot license fees collection u/s 417 of the DMC Act vide Public Notice No. .................. Dated ..................... Through its authorized agency M/s. .................... . This is to inform you that during inspection of your premises on ...........................it was found that you were operating the establishment without a license/lapsed license which is in contravention of Section 417 of the DMC Act, 1957 according to which you are not legally entitled to carry out business at your establishment. Hence, you are hereby directed to ensure compliance and appear in person at the Central Documentation Office located at ...................................... on any working day between 10 am to 6 pm within 3 days of the date of issue of this notice pending which you shall be declared a defaulter and legal action shall be initiated against you. That a soft copy of the registration form can be downloaded from our website at www.mcdonline.gov:in. An electronically generated demand notice has been enclosed for compliance. That any queries in this regard can be had from our helpline number .....................................or through email at ........................ Failure to comply may result in issuance of a warrant of distress of attachment for recovery of the above nrentioned amount alongwith additional costs as incurred for recovery. (Enforcement Officer) CL&EC (HQ) NB : THIS IS A COMPUTER GENERATED DEFAULTER NOTICE AND BEARS NO SIGNATURE SOUTH DELHI MUNICIPAL CORPORATIQN (SDMC) CENTRAL LICENSING & ENFORCEMENT CELL (CL&EC) INFORMATION FOR ESTABLISHMENT COVERED UNDER TRADE LICENSE (ON THE BACK SIDE OF NOTICE) INFORMATION SUBMISSION BY ESTABLISHMENTS—It shall be mandatory for each establishment to cooperate with and allow inspection/furnish all information to the SDMC or agency appointed on its behalf. ONE TIME AMNESTY SETTLEMENT SCHEME FOR ARREARS/UNREGISTERED PREMISES DURING THE SPECIAL DOOR TO DOOR REGISTRATION—As many establishments survey may have been in existence for long but would not have taken trade license or may have arrears for non renewal can clear all old dues, subject to payment of a onetime penalty @ double the license fees payable in the current financial year. That only those establishments which participate in door to door registration and make on the spot payrment can avail of the said benefit. [ 58 (S) ] Thereafter, a Price Evaluation Committee (PEC) was constituted on. dated 3-8-2012 after getting approval from Commissioners of North DMC & South DMC respectively which consists of the following officers :— 1. Addl. Commissioner (Edn.), North DMC — Chairperson 2. Addl. Director (Edn.), North DMC — Member 3. Director (CSD), North DMC — Member 4. Dy. Director of Edn., SDMC — Member 5. Ex. Engineer (Quality Control), North DMC — Member 6. Dy. Chief Accountant (HQ), North DMC — Member 7. Asstt. Director of Edn. (Phy.), North DMC — Member Secretary After getting approval of the competent authority and recommendations of TEC, financial bids were opened on 3-9-2012 through e-tendering by the official of Education Department, North DMC. Detail of rates in the Financial Bid for each type of Dual Desks quoted by the firm is as under :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sr. Name of the bidder Rate of each type of Dual Desk No. ——————————————— Small Size Big Size –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Laggar Industries Ltd. Rs. 1,592.00 Rs. 1,880.00 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The Price Evaluation Committee in its meeting dated 19-11-2012, after going through and evaluating the documents of financial bid, finally recommended that department may negotiate the rates with the L-1 bidder. Subsequently, in order to negotiate with the L-1 bidder a negotiation committee was constituted with. the approval of com petent authority i. e. Commissioner, North DMC. The members of which were as follows :— 1. Addl. Commissioner (Edn.), North DMC — Chairperson 2. Addl. Director (Edn.), North DMC — Member 3. Dy. Director (Edn.), SDMC — Member 4. DCA (Edn.), North DMC — Member 5. Addl. Dy. Commissioner (Health), North DMC — Member 6. Asstt. Director of Edn. (Phy.), North DMC — Member The negotiation committee’s meeting was held on dated 23-11-2012 in which DCA (Plan/HQ), North DMC appeared on behalf of DCA (Edn.), North DMC. During negotiation committee’s meeting the [ 89 (S) ] representative of the firm namely M/s. Laggar Industries Ltd., Jalandhar was also present. During negotiation, the final rates given and accepted by the representative of the firm were as follows :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sr. Name of the bidder Rate of each type of Dual Desk No. (inclusive of all taxes) ——————————————— Small Size Big Size –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Laggar Industries Ltd. Rs. 1,455.00 Rs. 1,686.00 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– After finalizing the negotiated rates of each type of dual desks the file was sent to CA-cum-FA (North DMC) for financial concurrence of rate & agency on behalf of unified Corporation. CA-cum-FA (North DMC) observed and finally concurred in the proposal subject to the condition that :— 1. Each Corporation will issue work order and execute the agreement with the bidder for their required quantity as per the proposal and payment of the goods will be made by respective corporations according to their respective quantity. 2. Payment shall be made after third party quality assurance. The matter was then referred to Commissioner, North DMC with the request to grant permission to send the photocopy of the whole file to the Education Department of rest of the two Corporations namely South DMC & East DMC so that further action i.e. placing the preamble before their Standing Committee for approval of rate & agency, executing an agreement with the approved agency/successful bidder, issuance of work order, collection of the Security Amount, release of payment after execution of work and refund of Security Amount after successful completion of work etc. could be taken up by them. In view of the above South Delhi Municipal Corporation placing the preamble for above said actions as per their share of dual desks which is as follows :— South Delhi Municipal Corporation : –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sr. Zone Dual Desks Total No. ————————————— Small Size Big Size –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Total 14500 17600 32,100 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Amount of each Dual Desk 1455.00 1686.00 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Total Amount 2,10,97,500.00 2,96,73,600.00 5,07,71,100.00 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– It is, therefore, proposed that : (a) Expenditure sanction of Rs. 5,07,71,100.00 for purchasing South DMC’s share of 32100 Dual Desks (14500 Small Size @ Rs. 1455.00 each small size dual desk & 17600 Big Size @ Rs. 1686.00 each big size dual desk) from M/s. Laggar Industries Ltd., Jalandhar, out of Plan Budget Head A/C XL-II-A-II (2012-13) under which provision exists. Further, permission may also be granting to incur and additional 10% amount for additional 10% of dual desks, in case need arises. [ 90 (S) ] (b) Permission to release payments to the firm lot wise after receipt of the lab test report i.e. after getting third party quality assurance that goods are received as per the required specifications. (c) Permission to execute contract agreement between the supplier and the Director (Edn.)/ Addl. Director (Edn.) as per NIT terms and conditions on behalf of the Commissioner, North DMC before the issuance of Supply Orders. The above proposal may be placed before the Standing Committee for approval of rate & agency for purchase of above said 32100 Dual Desks (big & small size) as an item of Urgent Business. [ 91 (S) ] PART ‘B’ Item No. 128 :— Construction of Public Utility (Recreation Centre) at Sidharth Extension in Ward No. C-154, Central Zone. Commissioner’s letter No. F. 33/Engg./SDMC/441/C&C dated 31-12-2012. A meeting was held on 4-7-2011 under the Chairmanship of Commissioner of the erstwhile Corporation with Shri Farhad Suri Mpl. Councillor, Ward No. 154 (Nizamuddin) wherein, it was decided that a public utility be constructed on the vacant land of old dhalao in Siddarth Extension. In order to construct the public utility (Recreation Centre), No Objection Certificate from DEMS as well as Town Planning Department was obtained. In accordance with the drawing provided by Architecture Department, an estimate amounting to Rs. 44,12,200/- has been framed based on DSR-2007 approved rate under Head of Account XL-VIII-M which has been duly checked by SW-VII. Estimate envisages the provision of construction of one common hall each at ground floor and first Floor with toilet. The administrative approval and expenditure sanction for the same has been obtained from the competent authority i.e. Ward Committee, Central Zone vide Resolution No. 5 dated 17-8-12. The technical sanction was accorded and Draft NIT was approved by the competent authority. Subsequently, the percentage rate online tenders for the above said work were invited vide NIT No. D/EE (M)-I/TC/CNZ/2012-13/948/46 dated 14-8-12 due on 7-9-12 after making due publicity in the following Newspapers :— S. No. Name of Newspaper Lanuage Date of Insertion 1. Jansata Hindi 22-8-2012 2. Financial Express English 22-8-2012 3. Poineer English 22-8-2012 4. Educator Punjabi 22-8-2012 In respect to the subject N.I.T. four contractors have quoted their rates as per detail given under :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Name of agency Rates quoted by the tenders –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Sarwoday Consts. @ 38.17% above 2. M/s. Kamal Const. Co. @ 39.37% above 3. M/s. Raj Engineer & Buildes @ 48.5% above 4. M/s. Jiwan Const. Co. @ 51.01 % above –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Departmental justification of said work was worked out by this division & checked by Planning Department. Comparative statement of the rates quoted by the lowest contractor & the departmental justification is as under :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Justified rate Rates quoted by the lowest tenderer –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. 48.50% above 38.17% above –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The rates quoted by the lowest tenderer i.e. M/s. Sarwoday Consts. @ 38.17% above is well below the justified rates worked out by the Planning Department and rates received/recommended in recent past. Hence the quoted rates of the lowest tenderer i.e. M/s. Sarwoday Consts. is reasonable and the same is recommended for acceptance. The contractual amount of this work as per lowest quoted rates comes to Rs. 38,96,617/(Rupees thirty eight lacs ninety six thousand six hundred & seventeen only). The time of completion of the proposed work is 6 months. Budget amounting to Rs. 20.00 lacs has been allocated for the financial year 2012-13. The year wise expenditure is proiposed as under : 2012-13 Rs. 20.00 lacs 2013-14 Rs. 18.97 lacs M/s. Sarwoday Consts. is a registered contractor with M.C.D. in Class-III. He is neither blacklisted nor debarred as on date. His technical & financial capacity is said to be satisfactory. The EM of the lowest tenderer has been deposited in the Mpl. Treasury vide G-8 No. 020025 dated 20-9-12 amounting to Rs. 56450/-. The finance has seen and concurred in the case. In view of the above, the case may be placed before Standing Committee, SDMC as required under DMC Act as amended in 2011 for accord of approval of Rate & Agency in favour of M/s. Sarwoday Consts. at his quoted rates @ 38.17% above for a contractual amount Rs. 38,96,617/(Rupees thirty eight lacs ninety six thousand six hundred & seventeen only) and to authorize the Commissioner to enter into contract with the lowest tenderer as per terms & conditions of NIT. The validity of rate expires on 6-2-2013. Item No. 129 :— Development of unauthorized colony at Sr. No. 850/1639 in C-130, NGZ. Sub-Head :— Construction of roads by P/L RMC and construction of drain in Mahavir Enclave, D-1A Block, DF-Block, Part-I in Ward No. C-130, NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/416/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 77,04,700/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 77,04,700/- was prepared and got technically approved by competent authority. [ 2 (S) ] This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 82 dated 14-10-2011. A draft NIT for Rs. 49,24,685/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/14 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145035. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Eight tenders were sold & five were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Name of Contractor Rate Quoted E/M 1,00,000/G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Harish Kumar @ 51.17% above 023676 dt. 24-11-2011 2. M/s. Parvesh Const. Co. @ 53.11% above Return Back 3. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 4. M/s. Paradise Enterprises @ 55.00% above Return Back 5. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 51.90 % above. The lowest tenderer M/s. Harish Kumar have quoted their rates @ 51.17% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 14-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 50.50%, above which were found reasonable and are well within the deptt. Justification @ 51.90% above, and hence are recommended for acceptance. M/s. Harish Kumar are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 74,11,650/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the [ 3 (S) ] development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Mahavir Enclave, D-1A Block, D,F-Block, Part-I vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Harish Kumar @ 50.50% above against the justification of rate @ 51.90% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 74,11,650. (Rs. seventy four lacs eleven thousand six hundred fifty only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The layout plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 4 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 5 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 6 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 7 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 8 (S) ] Item No. 130 :— Development of unauthorized colony at Sr. No. 950 Regn. 1034 of 733 in Kailash Puri Extn. in Ward No. C-130, NGZ. Sub-Head :— Construction of roads by Pdg. Laying RMC in Kailashpuri Extn. in Ward No. C-130, NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/417/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 65,54,200/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 65,54,200/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 86 dated 14-10-2011. A draft NIT for Rs. 41,89,345/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/5 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145026. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Seven tenders were sold & five were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Name of Contractor Rate Quoted E/M 84,000/G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Harish Kumar @ 46.97% above 023675 dt. 24-11-2011 2. M/s. Parvesh Const. Co. @ 53.11% above Return Back 3. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 4. M/s. Paradise Enterprises @ 55.00% above Return Back 5. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 48.44% above. The lowest tenderer M/s. Harish Kumar have quoted their rates @ 46.97% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 14-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 46.95%, above which were found reasonable and are well within the deptt. Justification @ 48.44% above, and hence are recommended for acceptance. [ 9 (S) ] M/s. Harish Kumar are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 61,56,242/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Kailash Puri Extn. vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Harish Kumar @ 46.95% above against the justification of rate @ 48.44% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 61,56,242/-. (Rs. sixty one lacs fifty six thousand two hundred forty two only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 10 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 11 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 12 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 13 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 14 (S) ] Item No. 131 :— Development of unauthorized colony at Sr. No. 532 Regn. No. 573 of 285 in Mahavir Enclave, D&F in Ward No. C-130, NGZ. Sub-Head :— Construction of roads by Pdg. Laying RMC and construction of drain in Gali No. 2 & Gali No. 5 and Adj. lanes and cross lanes in Mahavir Enclave F1, F2-Blocks in Ward No. C-130, NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/418/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 69,16,800/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 69,16,800/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 74 dated 14-10-2011. A draft NIT for Rs. 44,21,086/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/13 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145034. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Eight tenders were sold & five were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Name of Contractor Rate Quoted E/M 88,750/G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Parvesh Const. Co. @ 50.21% above 023674 dt. 24-11-2011 2. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 3. M/s. Paradise Enterprises @ 55.00% above Return Back 4. M/s. Khurana Const. Co. @ 56.00% above Return Back 5. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 50.71% above. The lowest tenderer M/s. Parvesh Const. Co. have quoted their rates @ 50.21% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 14-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 49.21%, above which were found reasonable and are well within the deptt. Justification @ 50.71% above, and hence are recommended for acceptance. [ 15 (S) ] M/s. Parvesh Const. Co. are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 65,96,702/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Mahavir Enclave, D&F vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Parvesh Const. Co. @ 49.21% above against the justification of rate @ 50.71% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 65,96,702/-. (Rs. sixty five lacs ninty six thousand seven hundred two only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 16 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 17 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 18 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 19 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 20 (S) ] Item No. 132 :— Development of unauthorized colony at Sr. No. 965 Regn. No. 1050 in Syndicate Enclave, Raghu Nagar, C-129/NGZ. Sub-Head :— Construction of road by RMC in Syndicate Enclave, Raghu Nagar, C-129/NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/419/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 63,09,900/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 63,09,900/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 79 dated 14-10-2011. A draft NIT for Rs. 40,33,165/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/24/03 Due on 10-1-2012 as well as through e-tendering on the website of MCD on internet vide Tender No. 150145. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed 1. Jathedar Punjabi 25-12-2011 2. Rashtraiya Sahara Hindi 25-12-2011 3. Statesman English 25-12-2011 4. Pioner English 25-12-2011 5. Amar Ujala Hindi 25-12-2011 Seven tenders were sold & three were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Name of Contractor Rate Quoted E/M 80,700/G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. J.S. Const. Co. @ 52.00% above 024230 dt. 16-1-2012 2. M/s. B.P. Dabas & Bros. @ 65.65% above Return Back 3. M/s. Rama Const. Co. @ 71.00% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 47.61% above. The lowest tenderer M/s. J.S. Const. Co. have quoted their rates @ 52.00% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 6-9-2012 under the orders of CE/NG dated 27-4-2012 in the Chamber of SE/NG in the presence of DCA/ NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 46.52%, above which were found reasonable and are well within the deptt. Justification @ 47.61% above, and hence are recommended for acceptance. [ 21 (S) ] M/s. J.S. Const. Co. are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 59,09,393/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 5-2-2013. The Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in the 12 nos. u/a colonies vide Resolution No. 78 dated 10-10-2012. The copy of resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. J.S. Const. Co. @ 46.52% above against the justification of rate @ 47.61% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 59,09,393/-. (Rs. fifty nine lacs nine thousand three hundred ninety three only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The layout plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 22 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 23 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 24 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 25 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 26 (S) ] Item No. 133 :— Development of unauthorized colony at Sr. No. 87 Regn. No. 92 in Dashrath Puri, Dabri Palam Road, C-129, NGZ. Sub-Head :— Construction of roads by RMC in Dashrath Puri, Dabri Palam Road, C-129/NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/420/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 46,31,300/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 46,31,300/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 73 dated 14-10-2011. A draft NIT for Rs. 29,60,225/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/24/03 Due on 10-1-2012 as well as through e-tendering on the website of MCD on internet vide Tender No. 149814. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed 1. Jathedar Punjabi 25-12-2011 2. Rashtraiya Sahara Hindi 25-12-2011 3. Statesman English 25-12-2011 4. Pioner English 25-12-2011 5. Amar Ujala Hindi 25-12-2011 Seven tenders were sold & three were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Name of Contractor Rate Quoted E/M 59,200/G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. J.S. Const. Co. @ 52.00% above 024230 dt. 16-1-2012 2. M/s. B.P. Dabas & Bros. @ 65.65% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 47.95% above. The lowest tenderer M/s. J.S. Const. Co. have quoted their rates @ 52.00% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 6-9-2012 under the orders of CE/NG dated 27-4-2012 in the Chamber of SE/NG in the presence of DCA/ NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 46.87%, above which were found reasonable and are well within the deptt. Justification @ 47.95% above, and hence are recommended for acceptance. [ 27 (S) ] M/s. J.S. Const. Co. are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 43,47,682/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 5-2-2013. The Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in the 12 nos. u/a colonies vide Resolution No. 78 dated 10-10-2012. The copy of resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. J.S. Const. Co. @ 46.87% above against the justification of rate @ 47.95% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 43,47,682/-. (Rs. Forty three lacs forty seven thousand six hundred eighty two only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The layout plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 28 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 29 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 30 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 31 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 32 (S) ] Item No. 134 :— Development of unauthorized colony at Sr. No. 1307 Regn. No. 1466 in Vashist Park, C-129, NGZ. Sub-Head :— Construction of roads by RMC in Vashisht Park in C-129, NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/421/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 71,25,800/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 71,25,800/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 80 dated 14-10-2011. A draft NIT for Rs. 45,54,663/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/9 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145030. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Ten tenders were sold & five were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Name of Contractor Rate Quoted E/M 91,500/G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Parvesh Const. Co. @ 50.21% above 023674 dt. 24-11-2011 2. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 3. M/s. Paradise Enterprises @ 55.00% above Return Back 4. M/s. Khurana Const. Co. @ 56.00% above Return Back 5. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 49.19% above. The lowest tenderer M/s. Parvesh Const. Co. have quoted their rates @ 50.21% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 14-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 47.90%, above which were found reasonable and are well within the deptt. Justification @ 49.19% above, and hence are recommended for acceptance. [ 33 (S) ] M/s. Parvesh Const. Co. are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 67,36,346/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Vashisht Park vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Parvesh Const. Co. @ 47.90% above against the justification of rate @ 49.19% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 67,36,346/-. (Rs. sixty seven lacs thirty six thousand three hundred forty six only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 34 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 35 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 36 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 37 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 38 (S) ] Item No. 135 :— Development of unauthorized colony at S. No. 1401 Regn. No. 1584 in Vaishali Extn., Dabri Palam, C-129, NGZ. Sub-Head :— Construction of roads by RMC in Vaishali Extn., Dabri Palam, C-129, NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/422/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 35,61,700/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 35,61,700/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 75 dated 14-10-2011. A draft NIT for Rs. 22,76,597/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/4 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145025. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Eleven tenders were sold & five were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. Name of Contractor Rate Quoted E/M 45,500/No. G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Ram Kumar Solanki @ 47.90% above 023678 dt. 24-11-2011 2. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 3. M/s. Dalbir Singh & Co. @ 55.00% above Return Back 4. M/s. Amit Const. Co. @ 56.33% above Return Back 5. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 48.89% above. The lowest tenderer M/s. Ram Kumar Solanki have quoted their rates @ 47.90% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 14-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 47.40%, above which were found reasonable and are well within the deptt. Justification @ 48.89% above, and hence are recommended for acceptance. [ 39 (S) ] M/s. Ram Kumar Solanki are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 33,55,703/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Vaishali Extn., Dabri Palam vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Ram Kumar Solanki @ 47.40% above against the justification of rate @ 48.89% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 33,55,703/-. (Rs. Thirty three lacs fifty five thousand seven hundred three only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The layout plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 40 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 41 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 42 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 43 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 44 (S) ] Item No. 136 :— Development of unauthorized colony at S. No. 532 Regn. No. 573 of 285 in Mahavir Enclave, D&F in Ward No. C-130, CNZ. Sub-Head :— Construction of roads by pdg. laying RMC and construction of drain in Gali No. 1 & Gali No. 2 and Adj. Lanes and cross lanes in Mahavir Enclave F1, F2-Block in Ward No. C-130, NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/423/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 71,37,900/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 71,37,900/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 83 dated 14-10-2011. A draft NIT for Rs. 45,62,400/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/2 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145023. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Six tenders were sold & five were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. Name of Contractor Rate Quoted E/M 92,300/No. G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Chander Bose @ 48.51% above 023673 dt. 24-11-2011 2. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 3. M/s. Paradise Entps. @ 55.00% above Return Back 4. M/s. Khurana Const. Co. @ 56.00% above Return Back 5. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 50.03% above. The lowest tenderer M/s. Chander Bose have quoted their rates @ 48.51% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 14-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 48.33%, above which were found reasonable and are well within the deptt. Justification @ 50.03% above, and hence are recommended for acceptance. [ 45 (S) ] M/s. Chander Bose are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 67,67,407/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Mahavir Enclave, D&F vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Chander Bose @ 48.33% above against the justification of rate @ 50.03% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 67,67,407/-. (Rs. Sixty seven lacs sixty seven thousand four hundred seven only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 46 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 47 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 48 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 49 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 50 (S) ] Item No. 137 :— Development of unauthorized colony at S. No. 696 Regn. No. 752 in Raghu Nagar in C-129, NGZ. Sub-Head :— Construction of roads by RMC in Raghu Nagar in C-129, NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/424/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 92,27,800/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 92,27,800/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 78 dated 14-10-2011. A draft NIT for Rs. 58,98,252/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/1 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145022. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Four tenders were sold & three were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. Name of Contractor Rate Quoted E/M 1,18,000/No. G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Narender Singh @ 50.91% above 023672 dt. 24-11-2011 2. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 3. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 45.58% above. The lowest tenderer M/s. Narender Singh have quoted their rates @ 50.51% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 15-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 44.10%, above which were found reasonable and are well within the deptt. Justification @ 45.58% above, and hence are recommended for acceptance. [ 51 (S) ] M/s. Narender Singh are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 84,99,381/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Raghu Nagar vide Resolution No. 78 dated 1010-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Narender Singh @ 44.10% above against the justification of rate @ 45.58% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 84,99,381/-. (Rs. Eight four lacs ninety nine thousand three hundred eighty one only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 52 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 53 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 54 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 55 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 56 (S) ] Item No. 138 :— Construction of road by P/L RMC in between Gali No. 5 to Gali No. 9 and adjoining Lane in Mahavir Enclave, D, D1, D2-Block in Ward No. 130/NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/425/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 70,71,800/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 70,71,800/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 81 dated 14-10-2011. A draft NIT for Rs. 45,20,831/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/24/02 Due on 10-1-2012 as well as through e-tendering on the website of MCD on internet vide Tender No. 149812. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Jathedar Punjabi 25-12-2011 2. Rashtraiya Sahara Hindi 25-12-2011 3. Statesman English 25-12-2011 4. Pioner English 25-12-2011 5. Amar Ujala Hindi 25-12-2011 Seven tenders were sold & three were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. Name of Contractor Rate Quoted E/M 80,700/No. G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. J.S. Const. Co. @ 52.00% above 024229 dt. 16-1-2012 2. M/s. B.P. Dabas & Bros @ 65.65% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 46.54% above. The lowest tenderer M/s. J.S. Const. Co. have quoted their rates @ 52.00% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 6-9-2012 under the orders of CE/NG dated 27-4-2012 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 45.44%, above which were found reasonable and are well within the deptt. Justification @ 46.54% above, and hence are recommended for acceptance. [ 57 (S) ] M/s. J.S. Const. Co. are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 65,75,096/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 5-2-2013. The Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in the 12 Nos. u/a colonies vide Resolution No. 78 dated 10-10-2012. The copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favour of M/s. J.S. Const. Co. @ 45.44% above against the justification of rate @ 46.54% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 65,75,096/-. (Rs. sixty five lacs seventy five thousand ninety six only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 58 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 59 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 60 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 61 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 62 (S) ] Item No. 139 :— Development of unauthorized colony at Sr. No. 532 Regn. No. 573 of 285 in Mahavir Enclave, D&F in Ward No. C-130. Sub-Head :— Construction of roads by Pdg. Laying RMC and construction of drain in Gali No. 2A & Gali No. 3 and Adj. Lanes and cross lanes in Mahavir Enclave F1, F2 Block in Ward No. C-130, NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/426/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 77,99,400/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 77,99,400/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 85 dated 14-10-2011. A draft NIT for Rs. 49,85,213/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/6 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145027. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Four tenders were sold & three were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. Name of Contractor Rate Quoted E/M 1,00,000/No. G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Narender Singh @ 52.72% above 023672 dt. 24-11-2011 2. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 3. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 51.80% above. The lowest tenderer M/s. Narender Singh have quoted their rates @ 52.72% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 14-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 50.40%, above which were found reasonable and are well within the deptt. Justification @ 51.80% above, and hence are recommended for acceptance. [ 63 (S) ] M/s. Narender Singh are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 74,97,760/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Mahavir Enclave, D & F vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Narender Singh @ 50.40% above against the justification of rate @ 51.80% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 74,97,760. (Rs. seventy four lacs ninty seven thousand seven hundred sixty only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 64 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 65 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 66 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 67 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 68 (S) ] Item No. 140 :— Development of unauthorized colony at Sr. No. 1042 Regn. No. 1136 in Dabri Ext. East Ward No. C-129 NGZ, Const. of roads by RMC in Dabri Extn., C-129 NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/427/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 73,91,200/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 73,91,200/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 76 dated 14-10-2011. A draft NIT for Rs. 47,24,306/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/10 Due on 10-1-2012 as well as through e-tendering on the website of MCD on internet vide Tender No. 145301. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Seven tenders were sold & Four were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. Name of Contractor Rate Quoted E/M 1,20,000/No. G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. S.K. Aggarwal @ 48.50% above 023692 dt. 23-12-2011 2. M/s. Bharat Const. Co. @ 49.99% above Return Back 3. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 4. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 50.15% above. The lowest tenderer M/s. S.K. Aggarwal have quoted their rates @ 48.50% above which were found reasonable and are well within the deptt. Justification @ 50.15% above, and hence are recommended for acceptance. [ 69 (S) ] M/s. S.K. Aggarwal are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 70,15,594/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. The corporation has accorded administrative approval to carry out the development works i.e. Const. of road, lanes and dains in the 12 Nos. U/a colonies vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. S.K. Aggarwal @ 48.50% above against the justification of rate @ 50.15% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 70,15,594. (Rs. seventy lacs fifteen thousand five hundred ninty four only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 70 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 71 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 72 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 73 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 74 (S) ] Item No. 141 :— Development of unauthorized colony at Sr. No. 691 Regn. No. 746 of 285 in Mahavir Enclave, D&F Block in Ward No. C-130. Sub-Head :— Construction of roads by P/L RMC in between Gali No. 3 to Gali No. 5 and adjoining lane in Mahavir Enclave D, D1, D2-Block in Ward No. C-130, NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/428/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 70,98,400/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 70,98,400/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 84 dated 14-10-2011. A draft NIT for Rs. 45,37,156/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/3 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145024. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Seven tenders were sold & five were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. Name of Contractor Rate Quoted E/M 90,800/No. G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Parvesh Const. Co. @ 49.51% above 023674 dt. 24-11-2011 2. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 3. M/s. Paradise Entps. @ 55.00% above Return Back 4. M/s. Khurana Const. Co. @ 56.00% above Return Back 5. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 48.03% above. The lowest tenderer M/s. Parvesh Const. Co. have quoted their rates @ 51.72% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 15-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 46.75%, above which were found reasonable and are well within the deptt. Justification @ 48.03% above, and hence are recommended for acceptance. [ 75 (S) ] M/s. Parvesh Const. Co. are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 66,58,276/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Mahavir Enclave, D & F vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Parvesh Const. Co. @ 46.75% above against the justification of rate @ 48.03% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 66,58,276. (Rs. sixty six lacs fifty eight thousand two hundred seventy six only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 76 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 77 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 78 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 79 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 80 (S) ] Item No. 142 :— Development of unauthorized colony 1358 Regn. No. 1538 in Durga Park, Pkt.-E, C-129 NGZ. Sub-Head :— Construction of roads by RMC in Durga Park, Pkt.-E, C-129 NGZ. Commissioner’s letter No. F. 33/Engg./SDMC/429/C&C dated 20-12-2012. The abovesaid case has been administratively approved amounting to Rs. 88,85,100/- by the U.D. Deptt. Govt. of NCT of Delhi and conveyed to the MCD vide their letter No. 500/UC/UD/1639/ 2010/1050-1059 dt. 31-1-2011. Accordingly, an estimate for the abovesaid work based on DSR-2007 and approved rates of MCD amounting to Rs. 88,85,100/- was prepared and got technically approved by competent authority. This estimate was administratively approved by Ward Committee, Najafgarh Zone vide Resolution No. 77 dated 14-10-2011. A draft NIT for Rs. 56,79,194/- was also approved by the competent authority. Tenders were called vide NIT No. EE/NG/TC/2011-12/16/12 Due on 18-11-2011 as well as through e-tendering on the website of MCD on internet vide Tender No. 145033. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under :— S. No. Name of Newspaper Language Detailed of Publicity 1. Indian Express English 28-10-2011 2. Dainik Jagran Hindi 28-10-2011 3. Milap Urdu 28-10-2011 4. Jansatta Hindi 28-10-2011 5. Financial Express English 28-10-2011 Five tenders were sold & three were received as per comparative statement given below :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. Name of Contractor Rate Quoted E/M 1,14,000/No. G-8 No. Date –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Narender Singh @ 51.72% above 023672 dt. 24-11-2011 2. M/s. K.K. Const. Co.-II @ 54.00% above Return Back 3. M/s. Dabas Const. Co. @ 58.58% above Return Back –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Justification of rates worked out by the Planning Department comes to @ 49.72% above. The lowest tenderer M/s. Narender Singh have quoted their rates @ 51.72% above which were higher then the deptt. Justification worked out by the Planning Deptt. Due to this the negotiation was held on 16-12-2011 under the orders of CE/NG dated 14-12-2011. Negotiation was held on 16-12-2011 in the Chamber of SE/NG in the presence of DCA/NG, SE/NG, EE/NG and Divisional Accountant, Najafgarh. During the negotiation the contractor has agreed to reduce his rates @ 48.40%, above which were found reasonable and are well within the deptt. Justification @ 49.72% above, and hence are recommended for acceptance. [ 81 (S) ] M/s. Narender Singh are registered in Class-III with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not blacklisted/debarred. The contractual amount of the work comes to Rs. 84,27,923/-. The expenditure will be charged under Head of A/c XL-VIII-Y the validity of rates hold good up to 30-12-2012. At the time of unified Corporation the case was put up in the shape of preamble for placing it before the Corporation through the Standing Committee for administrative approval for carrying out the development works i.e. construction of roads & drains in the 12 Nos. of u/a colonies, but vide Resolution No. 873 dt. 11-1-2012 it was resolved by the Corporation that an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and the report is placed before the house. Accordingly, the inquiry report was placed before the house of SDMC through the Standing Committee and the Corporation has accorded administrative approval to carry out the development works i.e. const. of road, lanes and drains in this u/a colony i.e. Durga Park Pkt.-E vide Resolution No. 78 dated 10-10-2012. Copy of the resolution is enclosed as Annexure ‘A’ . Finance has seen and concurred the proposal. In view of above the case is put up for placing it before the Standing Committee for approval of rate and agency in favor of M/s. Narender Singh @ 48.40% above against the justification of rate @ 49.72% above checked by Planning Department under of Head of Account XL-VIII-Y at contractual amount of Rs. 84,27,923. (Rs. Eight four lacs twenty seven thousand nine hundred twenty only) and also to authorize the Commissioner to enter into the agreement with the lowest tenderer as required under Section 202(C) of Delhi Municipal Corporation (Amendment) Act, 2011. ANNEXURE ‘A’ Copy of Resolution No. 78 of the Ordinary October (2012) Meeting of the South Delhi Municipal Corporation held on 10-10-2012 Item No. 4 :— Construction of Roads and Drains in un-authorised colonies in Dwarka Assembly Constituency, NGZ in the List of 1639 U.Cs. (i) Commissioner’s letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012. The administrative approval of the competent authority for construction of roads and drains in 12 Nos. un-authorised colonies in Dwarka Assembly Constituency has been received vide No. HM/11/49 dated 24-2-2011 from Delhi Government. These colonies are existing in the list of 1639 U/A Colonies. The development works shall be executed by the Municipal Corporation of Delhi strictly in accordance with the following points :— (i) As per the decision of the Cabinet dated 20-11-2007 as far as possible the Cement concreting roads in un-authorised colonies be done where water lines or any other serviced are to be laid thereby obviating the need to frequently cut the roads. (ii) The work shall be carried out only in the lay-out plans as available in the record against the un-authorised colonies. The lay-out plan of these colonies had been received from U.D. Department of Delhi Government. Copy of the layout plan is placed in the files. (iii) The work shall be undertaken strictly as per policy of GNCTD Deptt. And in the manner consistent with the orders of the Hon’ble High Court of Delhi in CPW No. 4771/1993. The work may be taken up strictly as per instructions issued from time to time by U.D. Deptt., Govt. of NCT of Delhi. While selecting the roads due care be exercised that proposed roads cater to the maximum traffic/population of the colony and does not pass through the vacant area of the colony. [ 82 (S) ] (iv) Work shall be carried out on the private of Pvt./VGS Land only. (v) The work shall not be carried-out in the following types of un-authorised colonies :— (a) Colonies/Part of colonies falling on Govt. Land/Original Gaon Sabha Land/Notified as reserved forest areas. (b) Colonies/Part of colonies which post hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines, master plan roads. (c) Colonies located on ASI Land it violates the provision of Ancient Monuments and Archeological sites and Remains Act, 1958. (d) Residential buildings used non-residential purpose except those covered under the mixed land use regulations contained in the Master Plan for Delhi-2021. The case was sent to Chief Town Planner, MCD for comments. The comments given by the Chief Town Planner are as below. The development works in unauthorised colonies are to be carried out by the Engg. Deptt. As per the laid down policy/various orders of UD Deptt. GNCTD & Funds provided by Delhi Govt. It may be mentioned here that T.P. Deptt. is only involved as per the scrutiny of LOP out of the list of 1018 sent by the UD Deptt., GNCTD, as per the regulations. The details of these 12 unauthorised colonies is as under :— —————————————————————————————————————————— S. S. No. in the Registration Name of Unauthorised Colony No. list of No. 1639 U.Cs. —————————————————————————————————————————— Ward No. C-129 : 1. 87 92 Dashrathpuri, Dabri, Palam Road, Delhi-45. 2. 696 752 Raghu Nagar, Pankha Road, New Delhi-45. 3. 965 1050 Syndicate Enclave & Raghu Nagar, Delhi-45. 4. 1042 1136 Dabri Extn., East Nasirpur, Delhi-45. 5. 1307 1466 Vashisth Park, Pankha Road, New Delhi-46. 6. 1358 1538 Durga Park, Pocket-E, New Delhi-45. 7. 1401 1584 Vaishali Extn., Dabri Palam. Ward No. C-130 : 8. 532 573 Mahavir Enclave, F-1, F-2 Block, Palam, Delhi. 9. 691 746 Mahavir Enclave, D&F Block, Delhi-45. 10. 785 850 Mahavir Enclave D-1A Block-D & F Block, Part-I, New Delhi-45. 11. 950 1034 Kailash Puri Extn., Delhi-45. 12. 1369 1550 Shah Nagar, Manglapuri Chowk, Palam, New Delhi-45. —————————————————————————————————————————— [ 83 (S) ] The layout plan of these colonies received from U.D. Deptt. As per orders and guidelines issued by the UD Deptt. of Delhi Government MCD can carry out the development works in the above mentioned 12 un-authorised colonies of Dwarka Constituency NGZ after getting the Administrative Approval from the Corporation. The case was put up in the shape of preamble vide No. F. 33/Engg./1990/C&C dated 18-11-2011 for placing it before the Corporation through Standing Committee for permission to carry out the works in the 12 Nos. of unauthorised colonies as mentioned above from the list of 1639 unauthorised colonies of UD Department. But vide Resolution No. 873 the case was resolved further that as decided by the house an inquiry be got conducted in this matter and to avoid duplicacy and misutilization of funds the work be kept in abeyance till the inquiry is concluded and report is placed before the house. (Annexure ‘A’). In compliance of above observation an inquiry was conducted and the report is as under :— 1. A meeting was convened by Hon’ble Minister of Urban Development (GNCTD) with Sh. Mahabal Misra (M.P.) along with officers of MCD on 18-6-2010 regarding development works in unauthorized colonies pertaining to Ward No. 129 &130 (Dwarka Assembly Constituency). During the course of meeting it was decided that works in 12 Nos. of U/A colonies (Ward No. 129 & 130) will be carried out by MCD as the development works in these colonies were earlier being dealt by DSIIDC. In compliance to the decision taken in the meeting, on 20-9-2010 and 22-12-2010. E.E. (M-II), NGZ had requested to DSIIDC that plan of colonies of Ward No. 129 & 130 duly indicating roads developed by DSIIDC may be sent to MCD. 2. List of colonies are as follows : ——————————————————————————————————— S. No. in the Registration Name of Colony list of No. 1639 ——————————————————————————————————— Ward No. C-129 : 87 92 Dashrathpuri, Palam Road 696 752 965 1050 Syndicate Enclave, Raghu Nagar 1042 1136 Dabri Extn., East Nasirpur 1307 1466 Vashisth Park, Pankha Road 1358 1538 Durga Park, Pocket-E 1401 1584 Vaishali Extn., Dabri Palam Raghu Nagar, Pankha Road Ward No. C-130 : 532 573 Mahavir Enclave, F-1, F-2 Block, Palam 691 746 Mahavir Enclave, D&F Block 785 850 Mahavir Enclave D-1A Block, D&F Block, Part-I 950 1034 Kailash Puri Extn. 1369 1550 Shaha Nagar, Manglapuri Chowk, Palam ——————————————————————————————————— [ 84 (S) ] 3. On 20-4-2011 a letter by E.E. (M-II), NGZ was written to DSIIDC regarding handing over of all the schemes to MCD of Ward No. 129 & 130 in U/A colonies. On 25-4-2011 a letter was written by CPM (CD-III) DSIIDC to E.E. (M-II), NGZ stating “that during the meeting dated 18-4-2011 the minutes were ‘handed over to us where in it has been decided that the works of unauthorized colonies in Ward No. 129 &130 shall be carried out by MCD instead of DSIIDC. Accordingly, in view of above we are considering to reject the tender called so far for the schemes of the said area”. 4. Thereafter, DSIIDC handed over 7 nos. of colonies/plans to MCD on 1-6-2011 where DSIIDC had taken development works at that time. However, UD Deptt. has handed over the plans for all the 12 nos. colonies as mentioned above to MCD for carrying out work in these colonies. 5. Accordingly, the estimates for 11 Nos. of colonies were prepared in the month of July, 2011 by MCD and no development work was required in one colony i.e. Shaha Nagar, Manglapuri Chowk, Palam (Regn. No. 1550). After getting administrative approval for these estimates from Ward Committee Najafgarh Zone vide Resolution No. 89 dated 14-10-2011, the tenders for these works were invited on 20-10-2011 (due on 18-11-2011) by E.E. (M-II), NGZ, MCD. 6. Subsequently, the case has been put up before Corporation vide No. F. 33/Engg./1990/ C&C dated 18-11-2011, to carry out the works in 12 Nos. of U/A colonies after due approval of Standing Committee vide Resolution No. 508 dated 23-11-2011. This case was put up in the meeting of Corporation held on 11-1-2012 vide Item No. 61 at Civic Centre. 7. Under the orders of Delhi Govt., the development works in unauthorized colonies are being undertaken by the respective agencies viz; MCD, DSIIDC, I&FC etc. based on the recommendations of the respected area MLAs. The development works in unauthorized colonies located in Ward No. 129 & 130 were being carried out by the DSIIDC. A meeting was held on 18-6-2010 in the chamber of Hon’ble Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein a decision was taken that in the development works in 12 Nos. of unauthorized colonies located in Ward No. 129 & 130 (Dwarka Assembly Constituency) shall henceforth be taken up by MCD. Subsequently, a meeting was also held on 18-4-2011 in the chamber of Shri Raj Kumar Chauhan, Minister of Urban Development, GNCTD with Shri Mahabal Mishra, M.P. wherein this decision was reiterated that a development works in unauthorized colonies will be carried out by MCD. The MCD officials carried out joint inspection with the officials of DSIIDC and finally the process of taking over of 7 unauthorized colonies from DSIIDC was completed as in the balance 5 unauthorized colonies, no development works was being carried out by any of the agency. It has been reported that complete inventorisation of all the 7 unauthorized colonies was done by the field staff before taking over the colonies from the DSIIDC. [ 85 (S) ] 8. The preamble for taking up the development works in 12 unauthorized colonies was prepared and forwarded to Corporation for obtaining in principle approval for taking up the development works by MCD, but the in principle approval has not been received so far. However, in order to expedite the work, field officials have obtained the administrative approval and expenditure sanction of individual estimates of these colonies after preparing the estimate etc. and subsequently tenders were floated and preamble was got signed from the competent authority. 9. Subsequently on 11-1-2012 in the Corporation meeting, the same issue was raised and lot of discussion took placed on the letter written by Hon’ble Mayor, but final decision of the Corporation has not been conveyed so far. 10. It is clearly indicated that without in principle approval of Corporation whatever process in respect of tendering of works has been done, will become null and void. The final decision of the Corporation is still awaited. Further complication is likely to arise when the tender cases are not awarded and consequently may lead to legal implications. 11. It is pertinent to mention here that after contacting the concerned division of DSIIDC by the field staff of MCD, a letter vide No. DSIIDC/CPM (CD-III)/2011-12/405 dated 20-1-2012 has been received wherein it has been intimated “that in last two years w.e.f. April, 2010, we have not execute the any works in Dwarka AC and will not done any work in these colonies mentioned in the letter as well as any colonies in Ward No. C-129 & C-130. The ward No. C-129 & C-130 already handed to your department” The above inquiry report was submitted to the then Hon’ble Mayor of erstwhile MCD vide No. 9-504/ Addl. Cmr. (Engg.)/CC/2012 dated 23-1-2012. Accordingly, the case is put up for placing before the Corporation through Standing Committee, S.D.M.C. for Administrative Approval to carry out the development works i.e. construction of roads & drains, lanes in above mentioned 12 No. U/A Colonies under Head of Account XLVIII-Y as per policy decision taken in U/A colonies by Delhi Government and as per DMC Act, 1957 (Amended to date). (ii) Resolution No. 85 of the Standing Committee dated 11-9-2012. Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F. 33/Engg./SDMC/107/C&C dated 8-8-2012, administrative approval to carry out the development works i.e. construction of roads and drains, lanes in above-mentioned 12 No. U/A Colonies under Head of Account XL-VIII-Y as detailed in the aforesaid letter, be accorded. Resolution No. 78 Resolved that as proposed by the Commissioner in his letter No. F. 33/Engg./ SDMC/107/C&C dated 8-8-2012 and recommendations made by the Standing Committee vide its Resolution No. 85 dated 11-9-2012, administrative approval to carry out the development works i.e. construction of roads, lanes and drains in the above mentioned 12 Nos. unauthorized colonies as per policy decision taken in U/a colonies by the Delhi Government and as per DMC Act, 1957 (amended to date), be accorded. [ 86 (S) ] Item No. 143 :— C/o drain from [Competent Motor (N.G. Road)—H. No. 1, Gali No. 1, Ramgarh at C-101/WZ] by pdg. B/W from and X-Culvert by RCC item in Raja Garden. Tender Amount :— Rs. 31,31,747/Estimated Amount :— 48,99,700/Commissioner’s letter No. F. 33/Engg./SDMC/444/C&C dated 7-1-2013. The estimate for above noted work has been proposed for Imp./Dev. of drainage system in the above mention site. The amount made available under H/A XL-VIII-V is Rs. 48.50 lacs for improvement of nallas in Ward No. C-101/WZ during this financial year, A/A & E/S has been accorded to this estimate amounting to Rs. 48,99,700/- by Wards Committee, West Zone vide its Resolution No. 7 dated 13-7-2012. There is no drainage system from Competent Motor (N.G. Road)—H. No. 1 Gali No. 1 Ramgarh & the site is in most deteriorated condition. During the inspection of the area alongwith area MP/Councillor with higher officials of MCD it was decided to improve this drain by constructing built up section drain with brick work. Proper out fall exist at Ramesh Nagar drain in order to ease the desilting of the drain from time to time. Hence this estimate has been prepared for Imp./Dev. of drainage system in the length of (450+450 = 900 mtr.) proper outfall exists and is functional. Sutlicient budget is available for this work as the Hon’ble area MP has given his consent for the execution of this work from his MP scheme fund. Tender for the said case were invited vide NIT No. 11 dated 6-7-12 at S. No. 1 duly publishing in various Newspapers as given below. E-tendering was also done vide tender No. 162728 :— S. No. Name of Newspaper Language Deted 1. The Hindu English 13-07-2012 2. Punjabi Kesari Hindi 13-07-2012 3. Roznama Rastriya Sahara Urdu 13-07-2012 The comparative statement is as under :— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Name of Contractor %Rate –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. M/s. Chittarmal 5.40% below 2. M/s. Gaurang Const. Co. 2.09% below 3. M/s. Banwari Lal 8.88% above 4. M/s.Shanti Enterprises 17.21% above 5. M/s. Parveen Kumar Garg 22.01% above 6. M/s. Sunil Bansal 25.89% above 7. M/s. Sandeep Consts. 27.87% above 8. M/s. Rajeey Gupta 35.00% above 9. M/s. Nand Kishore 37.99% above 10. M/s. Mukesh Kumar Const. Co. 44.00% above 11. M/s. Bansal Const. Co. 47.00% above 12. M/s. Suresh Kumar 55.10% above –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [ 87 (S) ] Twelve tenderer offered his rates as per comparative statement. M/s. Chittarmal Mpl. contractor was the lowest tenderer and offered his quoted rates is 5.40% below M/s. Chittarmal Mpl. contractor is neither debarred nor black listed from tendering in Mpl. Corporation and his rates are valid upto 26-1-2013. The justification of rates as checked by SW is 68.42% above. The rates quoted by the lowest tenderer are 5.40% below. The rates are well with in the justified rate. The case is ALR and the condition of test check of 100% by A.E. & 50% by E.E. shall be imposed in the work order and the payment of work shall only be made after receipt of inspection report of Q.C. alongwith sample report of outside designated lab in this case. The finance has seen and concurred in the proposal. The case may be placed before the Standing Committee for approval of rate & agency in favour of Mis Chittarmal Mpl. Contractor at his quotep rates 5.40% below for a contractual cost of Rs. 29,62,633/- under H/A XL-VIII-V against the justification of rates checked by SW as 68.42% above as required under DMC Act, 1957 (amended to date) as required under DMC Act (amended upto 2011) & to authorize the Commissioner, SDMC to enter into the contract with the lowest tenderer as per terms of the NIT. [ 88 (S) ] SOUTH DELHI MUNICIPAL CORPORATION (ENGINEERING DEPARTMENT) No…………………….. Dated………. From: The Commissioner, South Delhi Municipal Corporation, 9th Floor, Dr. S.P.M. Civic Centre To, The Municipal Secretary, South Delhi Municipal Corporation, Dr. S.P.M. Civic Centre Subject:- Remodelling of Drain No. 14 with the aim to avoid water logging in or around Purana Quila Road and Mathura Road to Yamuna River. There is a serious problem of water logging in or around Purana Quila Road and Mathura Road during the monsoon season due to which the Bungalows of Hon’ble Judges of Delhi High Court at Mathura Road get submerged being at lower level as well as non existence of proper drainage system. The storm water coming from New Delhi Municipal Council (NDMC) area through their Drain no 12 crosses at two points, one at Mathura Road near Purana Quila Road and another crosses at Foot Over Bridge on Mathura Road and gets discharged in MCD Drain no. 14. Several meetings were convened in the past by the Hon’ble Judges of the Hon’ble High Court of Delhi with the various Department i.e. ITPO, I&FCD, PWD, NDMC, DJB and erstwhile MCD etc to resolve the problem of water logging. New Delhi Municipal Council (NDMC) had engaged a consultant, Dr. N.K. Garg, Professor, Civil Engineering Deptt., I.I.T., Delhi to find out the cause of the water logging and to suggest the remedial measures. Dr. N.K Garg (consultant appointed by NDMC) suggested that the cause of the water logging is found to be the inadequate capacity of Drain No. 14 in MCD area and the remedial measure is to implement the Master Plan Drawing 1976. Subsequently, it was also decided to maximise the design discharge of Drain No. 14 with an upper limit of double of the design discharge of Master Plan Drawing 1976 (Flood Control Deptt). Accordingly, a meeting was held on 04.10.2011 under the Chairmanship of Principal Secretary, Urban Development Deptt. GNCT of Delhi and following decisions were taken as mentioned in the letter of Joint Director (Planning), Deptt. of Urban Development, GNCT of Delhi vide their letter No. F.18 (204)/A/UD/Plg./2011/11397-11406 dt. 10.10.2011:(i) The re-modelling work from Mathura Road up to the Yamuna River will be carried out by MCD and all agencies viz., I&FCD, NDMC and PWD will immediately convey their no objection to MCD formally in writing; (ii) MCD will immediately prepare detailed estimates including consultancy charges and initiate action to award the work for the entire stretch with the approval of its competent authority as per extant procedure; (iii) The expenditure on the work would be booked under the Plan Scheme “Mechanization and Sanitation Services”. (iv) The year wise phasing of expenditure as per tender to be awarded will be communicated to the Urban Development Department, GNCTD for release of additional funds under the above Plan Scheme during 2011-12 and for 2012-13 and 2013-14 necessary provision will be made by MCD in its Plan proposals. Accordingly a preamble was placed before the unified Corporation through Works Committee for accord of Administrative Approval and Expenditure Sanction amounting to Rs.90.00 Crores under Head of Account XL-III-D-IV against the scheme of “Remodelling of Drain No. 14 with the aim to avoid water logging in or around Purana Quila Road and Mathura Road to Yamuna River” vide no. F.33/Engg./3496/C&C dated 22-02-2012. The Corporation vide its Resolution No. 82 dated 10-10-2012 had accorded Administrative Approval and Page 1 of 5 Expenditure Sanction amounting to Rs.90.00 Crores under Head of Account XL-III-D-IV to the said scheme of “Remodelling of Drain No. 14”. Accordingly, a detailed estimate for the aforesaid work under Head of Account XL-III-D-IV was prepared based on the applicable DSR-2007 and Approved Items and was technical checked by the Planning Department. The Planning Department had checked the detail estimate (except tow items of barricading) for Rs 76,42,77,800/-. The detailed estimate was bifurcated & framed in two parts i.e. Percentage Rate for Part-A (DSR items only) & Item Rate for Part-B (Non DSR Item) for Rs. 29,45,150/-. As per the provision of CPWD Manual 2012 (Para 15.2) for the works costing more than Rs.15.00 Crores, the tenders are to be invited in a two bid system. The Tender Document was prepared on General Conditions of the Contract 2010 (Up-to-date) for CPWD works based on CPWD Works Manual 2012 under Two Bid system taking into consideration all the circulars of the department regarding the said work. After obtaining the approval to the NIT and Technical Sanction amounting to Rs 76,72,22,950/- {for Part-“A”(percentage rate) based on DSR 2007@ Rs 76,42,77,800/- and Part-B (Item Rate) based on Market Rate Item @ Rs 29,45,150/-} from the Competent Authority, the tenders were invited under Two Bid system with Manual Submission & Opening vide NIT No:-EE(Pr.-III)CNZ/TC/2012-13/01 Dated:-15-06-2012 bearing Tender No. 157901 under Head of Account XL-III-D-IV with press publicity in the following Newspapers as under:S.No. 1 2 3 4 5 6 7 Name of Newspaper The Hindu (All India Edition) Hindustan Times (Delhi Edition) Hindustan (Delhi Edition) Mint (Delhi Edition) Dainik Jagran (All India Edition) Punjab Kesari Pratap Language English English Hindi English Hindi Hindi Urdu Date of Publication 16-06-2012 16-06-2012 16-06-2012 16-06-2012 16-06-2012 16-06-2012 16-06-2012 In addition, the NIT along with tender document was duly uploaded on MCD Websites. Two tenders were purchased by the prospective bidders from the office of EE (Pr-III)/CNZ. One tenderer M/s Unity Infraprojects Limited had downloaded the tender document from the website of MCD and submitted the tender cost at the time of submission of tender. As per tender provisions, a Pre-bid Meeting was held on 04-07-2012 under the Chairmanship of Chief Engineer- Central Zone. With the approval of Competent Authority, Extension of Date of Submission and Opening of Tender from 18-07-2012 to 30-07-2012 through Corrigendum, Addendum No.1, and Replies to the Pre-bid queries were issued to the tenderers, who had purchased the tender document and the same were uploaded on the website of MCD also. On the stipulated date of tender submission i.e. 30-07-2012, the following three tenderers had submitted their tender in the office of SE (Project)/Central Zone:1) M/s MBL Infrastructure Ltd. (1/3) 2) M/s Unity Infraprojects Limited (2/3) 3) M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd. (3/3) The tenders were opened on 30-07-2012 in the office of SE(Project )/Central Zone in the presence of authorized representatives of all the three tenderers. Only the Technical bids and Earnest Money were opened on 30-07-2012 and financial bids were kept in safe custody of Tender Clerk & Divisional Accountant. With the approval of Competent Authority, a Technical Committee under the Chairmanship of Chief Engineer (CNZ) was constituted for technical evaluation of the tenderes submitted by the tenderers. The Technical Committee under the Chairmanship of Chief Engineer (Central Zone) in their meeting held on 10-10-2012 had conclusively evaluated the technical bids of all the three tenderers based on post bid replies, final checklists provided by the office of EE(Pr-III)/CNZ Page 2 of 5 and detailed scrutiny of technical bid of all the three tenderers. The Technical Committee in its technical evaluation report dated 10-10-2012 has recommended as under:“In view of the above discussions and deliberations the following three tenderers are considered as substantially responsive & generally technically compliant to the tender conditions and technical committee recommends the opening of financial bid of these three tenderers :1) M/s MBL Infrastructure Ltd. (1/3) 2) M/s Unity Infraprojects Limited (2/3) 3) M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd. (3/3)” With the approval of Competent Authority the financial bids of technically qualified above three tenderers, i.e. M/s MBL Infrastructure Ltd (1/3),M/s Unity Infraprojects Limited (2/3) and M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd (3/3) were opened on 17-10-2012 in the office of SE(Project)/Central Zone in the presence of authorized representatives of the technically qualified tenderers, EE(Pr-III)/CNZ, AE-I(Pr-III)/CNZ, AAO(Pr-III)/CNZ and Tender Clerk. At the time of opening of financial bid it was found that the financial bid documents of M/s MBL Infrastructures Ltd (1/3) were in moist condition but rates quoted by him were legible. The authorized representative of M/s MBL Infrastructures Ltd (1/3) had confirmed in the presence of all the other tenderers present in the office of SE(Pr)/CNZ that the condition of the financial bid document was due to his fault and he undertaken that the rates quoted by him were legible. These facts were also placed before the Competent Authority. The comparative statement is as under:S. N. Descrip -tion Tender Amount/ Quantity M/s MBL Infrastructures Ltd (1/3) Quoted Rate Quoted Amount (Rs) M/s Unity Infraprojects Ltd (2/3) Quoted Rate M/s Dineshchandra R Agrawal Infracon Pvt Ltd (3/3) Quoted Amount (Rs) Quoted Rate Quoted Amount (Rs) 49.49% 74,44,57,482/Above 50.35% 74,87,40,267/Above 43.95% Above 71,68,68,383/- 2700/- 54,00,000/- 5025/- 1,00,50,000/- 3995/- 79,90,000/- 250/- 5,00,000/- 990/- 19,80,000/- 395/- 7,90,000/- Part ‘A’ 1 2 3 4 (%Above/ 497998182 Below/ Par) Part ‘B’ Item Rate 2000 Mtrs. Item 1 Part ‘B’ Item Rate 2000 Mtrs. Item 2 Total Quoted Amount Rs. 59,00,000/- Rs.1,20,30,000/- Rs.87,80,000/- (Figures) Rs.75,03,57,482/- Rs.76,07,70,267/- Rs.72,56,48,383/- (Words) Rupees Seventy Five Crores Three Lacs Fifty Seven Thousand Four Hundred Eighty Two Only Rupees Seventy Six Crores Seven Lacs Seventy Thousand Two Hundred Sixty Seven Only Rupees Seventy Two Crores Fifty Six Lacs Forty Eight Thousand Three Hundred Eighty Three Only L-2 L-3 L-1 of Part –B (Item Rate) 5 Grand Total Quoted Amount (Part A+ Part B) Position of Tenderer M/s Dineshchandra R Agrawal Infracon Pvt Ltd (3/3) was found lowest tenderer (L-1). The Part “A” of BOQ contains items based on DSR 2007. The Planning Department had worked out the reasonable justification of rates as 59.17%. The justification includes 1% labour cess, as per circular no. D/471/E.E.(P)-III dated 22-02-2006, of which is to be recovered from the bills of the contractor on the composite value of the work. The Part B of BOQ contains two items on Market Rate. Accordingly, with the approval of Competent Authority, a Committee under the Chairmanship of Chief Engineer (Central Zone) was constituted to work out justification of Market Rate Items for the above said Page 3 of 5 work. The Market Rate Committee had diligently scrutinized in detail the Rate Analysis of Item no. 1 & 2 of Part- B (Market Rate items) of BOQ and recommend the rates of these items as under:Item No. 1 2 Description Unit Rate (Rs) Providing temporary barricading as per drawing enclosed with the tender document. The barricading shall be providing continuously during the execution of entire work till completion and shall not be removed at any stage without prior approval of E-in-C. Item to include all cleaning, primers, painting with synthetic enamel paint Per 1148/of approved brand and manufacture of required colour to give an Mtr. even shade of the barricading structure lettering etc as per drawing and specifications scope of work and directions of E-in-C 2.00 m high after the completion of work the barricading boards shall become the property of contractor. Erecting fixing and shifting cartage and refixing other misciling of Per 68/barricading boards in position as per the direction of E-in-C i.e. all Mtr. labour material equipment and works requires to execute the job. On perusal of the Comparative Statement of Quoted Rates of Lowest tenderer i.e. M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd. (3/3) w.r.t. Justified Rates of Planning Department & Market Rate Committee it was observed that the quoted rates of Lowest tenderer i.e. M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd (3/3) for the Items under Part-B of BOQ is on the higher side than JOR/Recommended rates of the Market Rate Committee. With the approval of Competent Authority, the Negotiation was conducted with the Lowest tenderer i.e. M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd (3/3) in the office of CE/CNZ on 21-12-2012 in presence of CE/CNZ, SE(Pr.)/CNZ, DCA(CNZ), EE(Pr-III)/CNZ, AAO(Pr-III)/CNZ and Tender Clerk. The Lowest tenderer had negotiated its quoted rates on the Negotiation Performa. The quoted rates (after Negotiation) of M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd for Part-A is 43.95% above the tender amount of Rs 49,79,98,182/- against the justified cost @ 59.17% above the tender amount as checked by the Planning Deptt. M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd had quoted its negotiated rate for Item No. 1 of Part-B of BOQ as Rs 1125/- per Metre against the justified cost of Rs 1148/- per Metre (as recommended by the Market Rate Committee) and for Item no. 2 of Part-B of BOQ his negotiated quoted rate is Rs 65/- per Metre against the justified cost of Rs 68/- per Metre (as recommended by the Market Rate Committee). The rates quoted by M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd (3/3) are competitive in comparison to the justified rates of Part-A & Part-B of BOQ and hence recommended for acceptance. The work shall be subjected to third party testing in accordance with department policy circular and third party testing charges to be borne by the Contractor. The time duration of the work is 18 months. The rates are valid upto 26-01-2013 (180 days from the date of submission of tender/bid i.e. 30-07-2012) The year wise expenditure is proposed to be made as under:Expenditure Year 2012-13 Rs. 14.00 Crores 2013-14 Rs. 40.00 Crores 2014-15 Rs. 17.93 Crores The expenditure will be charged under Head of Account XL-III-D-IV against the scheme of “Remodelling of Drain No14”. Budget provision exists and the same has been booked with Zonal Finance. As per the information/documents submitted by M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd (3/3), the firm is financially & technically capable to execute the above said work. Page 4 of 5 The Finance Department had seen and concurred in the proposal and allowed to place before the Competent Authority apprising finance clarifications. The main clarifications of finance and their replies are as under:S. No 1. 2. 3 Finance Clarification dt.16-01-2013 Replies NIT was called without A/A & E/S The A/A & E/S of the scheme was placed approval in-anticipation of A/A & E/S. before the unified MCD vide no. (Ref. Pt. no. 3 at 53/N) F.33/Engg./3496/C&C dated 22-02-2012 and duly received in the office of Municipal Secretary of Unified MCD vide diary no. 9595 dated 22-02-2012. But AO (C&C) vide their note dated 04-04-2012 had sent back the proposal with the request to submit the case after re-draft the preamble for placing before the new respective Corporation i.e. after trifurcation. However the A/A & E/S of the Hon’ble Mayor of unified MCD in anticipation to the approval of the unified Corporation was accorded on 25-02-2012 i.e. before the NIT was called on 15-06-2012 NOC from Northern Railway is not The Northern Railway had issued NOC with the obtained till date. (Ref. Pt. no. 10 condition that cross section of the drain in the at 54/N) entire railway boundary should not be more than the cross section of the railway bridge No. 14 at Km. 1533/41-43 (Km. of Railway Track). The width of the railway bridge No. 14 is 9.200 Mtrs. The consultant (Prof. N.K Garg, IIT Delhi) has proposed a drain section with clear water way of 13.50 Mtrs. in the railway land. The department is pursuing with Northern Railway to grant NOC with cross section width of the drain as 13.50 Mtrs (as proposed by the consultant). Estimate prepared on the basis of Part-A of the estimate amounting to other project which was approved Rs. 76,42,77,800/- is based on applicable DSRapprox 17 months back. (Ref. Pt. no. 2007 and Part-B (non DSR items) contains only 14 at 53/N) two items of M.S. barricading amounting to Rs. 29,45,150/- was based on the work of similar nature as per practice. The proposal may be placed before the Standing Committee for approval of Rate and Agency in favour of M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd (Lowest Tenderer) at a contractual cost of Rs 71,92,48,383/- (Rupees Seventy One Crore Ninety Two Lacs Forty Eight Thousand Three Hundred and Eighty Three Only) under Head of Account XL-III-D-IV against the justified cost of Rs 79,50,95,706/- for the work of “Remodelling of Drain No. 14 with the aim to avoid water logging in or around Purana Quila Road and Mathura Road to Yamuna River” and to authorize the Commissioner, SDMC to enter into the agreement with the M/s Dineshchandra R. Agrawal Infracon Pvt. Ltd (lowest tenderer), as required under Section 202(C ) of the amended DMC Act 2011. (Ravi Dass) Engineer-in- Chief For Commissioner South Delhi Municipal Corporation Page 5 of 5 SOUTH DELHI MUNICIPAL CORPORATION (Engineering Department) No. Dated From: The Commissioner South Delhi Municipal Corporation S.P. Mukharji Civic Center J.L.N. Marg, Delhi To, The Municipal Secretary South Delhi Municipal Corporation S.P. Mukharji Civic Center J.L.N. Marg, Delhi Subject: - Improvement/ strengthening of internal roads by dense carpeting in A to G blocks Anand Niketan in ward no. 168 South Zone. Hon’ble LG of Delhi, vide orders dated 07-01-2012 has accorded administrative approval amounting to Rs.99.90 lacs for “Improvement/ strengthening of internal roads by dense carpeting in A to G blocks Anand Niketan in ward no. 168 South Zone” under head of account L.A. Road with the condition that MCD may work based on 25% DSR above CPWD rates of 2007. Further the roads having right of way 60 feet & above were transferred to GNCTD for maintenance and hence the same has been excluded from approved proposal. Accordingly, preliminary estimate amounting to Rs.87.75 lacs was prepared for roads having right of way having less than 60 feet & got checked with Planning Department. Ward committee vide resolution no. 6 dated 08-08-2012 accorded administrative approval/ expenditure sanction amounting to Rs.87.75 Lac under head of account L.A. Roads. Accordingly, a detailed estimate amounting to Rs.70,00,300/- was prepared for dense carpeting work and got technically sanctioned from the competent authority. A draft NIT was also got approved for Rs.53,33,525/-. Tenders were called vide NIT No. EE (Pr) SZ/TC/12-13/3 dated 24-07-2012 due on 17-08-2012. Due publicity was given through MCD website and in the following daily Newspapers. S. No. 1 2 3 4 Name of the papers The Statesman Dainik Jagran Shah Times Roznama Rashtriya Sahara Language English Hindi Hindi Urdu Date 24-07-2012 24-07-2012 24-07-2012 24-07-2012 Place New Delhi New Delhi New Delhi Ne w Delhi 4 Tenders were sold, and all the 4 tenderers quoted their rates as per the comparative statement given below: S. No. 1 2 3 4 Name of Contractor Rates Quoted M/s Asian Resurfacing of 44.46% above road agency Pvt. Ltd. M/s Radhey Shyam 48.89% above M/s Vinod Kumar 54.85% above M/s C. Prakashan & Co. 73.57% above E.M., G8 No. & Date Rs.1,40,100/049746 dated 21-08-2012 M/s Asian Resurfacing of road agency Pvt. Ltd. is the lowest tenderer with quoted rates of 44.46% above. Justification of rates worked out by the Planning Department comes to 78.83% above whereas the lowest tenderer M/s Asian Resurfacing of road agency Pvt. Ltd. have quoted their rates @44.46% above. The rates quoted by the lowest tenderer are well within the departmental justification of rates and as such recommended for acceptance. M/s Asian Resurfacing of road agency Pvt. Ltd. is a registered contractor under class – I category in MCD and eligible to tender for this work. The financial as well as technical capability of the agency is reportedly satisfactory. The contractual amount of the instant proposal works out to Rs.77,04,810/-. The time of completion of the work is 02 months to be reckoned from the 10th day of issue of work order. The likely year wise expenditure shall be as under: 2012-13 - Rs.77.04 Lac The extended validity of rates holds good up to 15-02-2013. The case may please be placed before Standing Committee for approval of rates and agency in favour of the lowest tenderer M/s Asian Resurfacing of road agency Pvt. Ltd at his quoted rates 44.46% above against the departmental justification of rates i.e. 78.83% above for a contractual amount Rs.77,04,810/- under head of account L A Road and to authorize the Commissioner, SDMC to enter into agreement with the lowest tenderer as required under section 202 (C) of DMC Act amended to date. Ravi Dass Engineer-in-Chief, SDMC For Commissioner, SDMC South Delhi Municipal Corporation (Engineering Deptt.) From The Commissioner, South Delhi Municipal Corporation Civic Centre, New Delhi - 110002 To The Secretary, South Delhi Municipal Corporation Civic Centre, New Delhi - 110002 Subject:- Const of road by Providing pavement Quality Concrete (PQC) from E.No H-957 to J-90, J-68 to J-245, J-276 to J-344 and J-39 to H-898 in Bharthal Village in C-141 NGZ. The above said case amounting to Rs. 407.04 lac approved / expenditure sanctioned from the competent authority. was administratively Accordingly, an estimate for the above said work based, on DSR 2007 and approved rates of MCD amounting to Rs. 407.04 lac was prepared and got technically sanctioned from the competent authority. This estimate was administratively approved by Corporation MCD vide resolution No.439 dt. 17.10.2011. The detail estimate amounting to Rs. 3,87,18,900/- was checked by the Planning Deptt. and technical sanction was accorded by the Competent authority. Draft NIT for Rs.2,52,28,992/- was also approved by the competent authority. Tenders were called vide NIT No.EE/NG/TC/2011-12/ 11/1 Due on 5.03.2012 as well as through e-tendering on the web site of MCD on internet vide tender No. 156507. It was also circulated in different MCD offices and due publicity of the NIT was also made in the leading newspaper of different languages. Details is as under:S No 1 2 3 4 5 6 Names of newspaper The Economic Times Dainik Jagram Dainik Bhaskar Times of India Nav Bharat Times Daily Tej Language English Hindi Hindi English Hindi Urdu Detailed of Publicity 11.2.2012 11.2.2012 11.2.2012 12.2.2012 12.2.2012 11.2.2012 Fourteen tender were sold & six were received as per comparative statement given below. S.No 1. 2. 3. 4. 5. 6. Name of Contractor Rates Quoted M/s Kautillya Const Co M/s Puja Const Co M/s JS Construction Co M/s Sushil Const Co M/s S N Malhotra & Sons M/s S S Builders @ @ @ @ @ @ 9.61 % above 18.77 % above 24.90 % above 33.03 % above 46.00 % above 47.50 % above EM Rs. 5,05,000/G-8 No. & Date 67481 dt. 9.3.2012 Return Back Return Back Return Back Return Back Return Back Justification of rates worked out by the planning department comes @_45.99%above. The lowest tenderer M/s Kautillya Const Co have quoted their rates @_9.61% above. The quoted rates of M/s Kautillya Const Co found on lower side which are well within the departmental justification and hence, recommended for acceptance. M/s Kautillya Const Co are registered in Class I with MCD and eligible to tender for this work. Their financial and technical capability is satisfactory & they are not black listed / debarred. The contractual amount of the work comes to Rs.2,76,53,498/-. The expenditure will be charged under head of A/c XL-VIII-C(A)-(i) the validity of rates hold good up to 28.02.2013. Finance has seen & concurred the proposal, subject to condition that balance amount of Rs. 34.57 lac is obtained from GNCTD. In this connection it is stated that it will be ensured that balance amount of Rs. 34.57 lac will be obtained from GNCTD before raising the demand. In view of above, case may be sent to Standing Committee as required under DMC Act amended upto 2011 for accepting the rate & agency in favor of M/s Kautillya Const Co. @9.61% above against the Deptt. justification @45.99% above with the contractual amounting to Rs.2,76,53,498/- chargeable under head of A/c XL-VIII-C(A)-(i) and to authorize the Commissioner to enter into agreement with the lowest tenderer as per condition of NIT. (RAVI DAS) Engineer-in-Chief For Commissioner SOUTH DELHI MUNICIPAL CORPORATION No............................ Dated :.................... From : The Commissioner, South Delhi Municipal Corporation Civic Centre, Delhi. To : The Municipal Secretary, South Delhi Municipal Corporation Civic Centre, Delhi. Subject : Improvement of road by providing RMC from Goela road to Kakrola road in C-134/NGZ. During the inspection of the area, it was found that the existing road is metalling/premix road & badly damaged due to construction of new RCC box type drain in the side of road and also it is low lying area. So, it was proposed to improve the road having ROW of 25 ft. by providing RMC from Goela road to Kakrola road in C-134/NGZ. Accordingly, a preliminary estimate amounting to Rs. 199.08 lacs has been prepared and preamble has been sent to Mpl. Secretary vide letter no F/33/Engg./2717/C&C dated 10.1.2012 for accord of administrative approval & expenditure sanction from the unified Corporation and anticipation approval of the same has been accorded by Hon’ble Mayor vide his orders dt. 11.1.2012 (Annexure A). Accordingly, a detailed estimate amounting to Rs. 1,95,03,800/- has been got technically sanctioned from the competent authority and a draft NIT was also got approved for Rs. 1,27,08,563/- from the competent authority. Tenders were called before the trifurcation of unified MCD vide NIT No. EE(Pr.)NGZ/Plan/TC/11-12/31/2 dt. 12.1.2012 due on 30.1.2012 after giving due publicity in the following newspapers : S.No. Name newspaper of Language Date Place 1 Hindustan Times English 16.1.2012 Delhi 2 Hindustan Hindi 16.1.2012 Delhi 3 Mint English 16.1.2012 Delhi 4 Punjabi Kesari Hindi 16.1.2012 Delhi 5 Educator Urdu 16.1.2012 Delhi Sale, downloading of documents & opening of the tenders was on line. Single tender was sold & received online as per comparative statement given below : S.No. Name of contractor Quoted rate 1 M/s. Pradeep Kumar 45.45% above Justification of rates worked out by the E/M & G-8 No. (Rs. 536300/-) 025337 dt. 30.1.2012 Planning Department comes to 47.43% above. The single tenderer M/s. Pradeep Kumar have quoted their rates @45.45% above. The quoted rates of the lowest tenderer are within departmental justification and justified. This is a single tender case due to poor response being non plan head case but urgently required in public interest. If tender is recalled, the work will be delayed. The quoted rates of the single tenderer are within departmental justification and justified. Hence recommended for acceptance. M/s. Pradeep Kumar are registered in Class-II with MCD and are eligible to tender for this work. Their financial as well as technical capability is satisfactory. The firm is not black listed/debarred. The contractual amount of the work comes to Rs. 1,84,84,604/- which is well within the sanctioned amount The expenditure of the work will be charged to head of account 66/3583. The time of completion of the work is 6 months reckoned from the 10th day of issue of work order. The extended validity of rates holds good upto 31.3.2013. The year-wise expenditure will be as under Year Likely expenditure 2012-2013 Rs. 10.00 lacs 2013-2014 Rs. 174.84 lacs Total Rs. 184.84 lacs Finance has seen & concurred in the proposal for budget of Rs. 10.00 lacs only during current financial year 2012-13 & balance expenditure of Rs. 174.80 lacs will be incurred during next financial year. 2013-14. The case may please be placed before the Standing Committee, SDMC for approval of rates & agency in favour of M/s. Pradeep Kumar @45.45% above, against the departmental justification @ 47.43% above, with a contractual amount of Rs. 1,84,84,604/- under head of account 66/3583, as per NIT conditions and to authorise the Commissioner, SDMC to enter into agreement with lowest tenderer as required under the latest formulated Act 2012 of SDMC. (Ravi Dass) Engineer-in-Chief, SDMC for Commissioner, SDMC SOUTH DELHI MUNICIPAL CORPORATION No............................ From : The Commissioner, South Delhi Municipal Corporation Civic Centre, Delhi. To : The Municipal Secretary, South Delhi Municipal Corporation Civic Centre, Delhi. Subject : Dated :.................... Naming of Chhat Park, Sector-15, Dwarka Kakrola in the name of Late Dr. Sahib Singh Verma, Former Chief Minister of Delhi May kindly refer to the letter of Shri Rajesh Gehlot, Chairaman, Standing Committee, NGZ, SDMC vide letter no. Ch/Stdg/SDMC/159/12/2012 dated 22.12.2012 regarding the naming of Chhat Park, Sector-15, Dwarka, Kakrola in the name of Late Dr. Sahib Singh Verma, Former Chief Minister of Delhi as “Dr. Sahib Singh Verma, Smarak Sthal Chhat Park, Sector-15, Dwarka, Kakrola.” Dr. Sahib Singh Verma was born on March 15, 1943 in Mundka village, Delhi, to Shri Mir Singh, a Jat farmer, and Smt. Bharpai Devi. He began his socio-political journey as a volunteer in the Rashtriya Swayamsevak Sangh and later climbed the ranks in politics. He had a degree in Library Science from Aligarh Muslim University and started working as librarian in Bhagat Singh College, Delhi.He also holds a master's degree in Arts, (M.A.) and also in Ph.D. in Library Science,. He was Married in 1954 with Smt. Sahib Kaur. In 1977, he was elected as a Councillor in the unified Municipal Corporation of Delhi. Initially he won as a Janata Party candidate he was re-elected on a BJP ticket. He became the Education and Development Minister in the Delhi government in 1993. In 1996, Sahib Singh became the Chief Minister of Delhi. He served as CM for two and a half years. He won the Lok Sabha elections, 1999 from Outer Delhi are in 2002, and became Minister of Labour in the Vajpayee Government. He was respected among the teacher community of Delhi. He died on June 30, 2007, when his car collided with a truck near Jonaicha khurd, Shahajahanpur on the Jaipur-Delhi highway (NH-8). The above said Chhat Parkwas developed by unified MCD and a bronze statue of Dr. Sahib Singh Verma was installed with the permission of Hon’ble Mayor. Now the park is being used for various programmes. The case may please be placed before Naming & Renaming Committee, SDMC for naming the Chhat Park, Sector-15, Dwarka Kakrola in the name of Late Dr. Sahib Singh Verma, Former Chief Minister of Delhi as “Dr. Sahib Singh Verma, Smarak Sthal Chhat Park, Sector-15, Dwarka, Kakrola.” Ravi Dass Engineer-in-Chief, SDMC For Commissioner, SDMC SOUTH DELHI MUNICIPAL CORPORATION (Engineering Department) No.: Dated: From: The Commissioner South Delhi Municipal Corporation S.P. Mukheerji Civic Center, J.L.N Marg, Delhi To, The Municipal Secretary South Delhi Municipal Corporation S.P. Mukheerji Civic Center, J.L.N Marg, Delhi Name of Work:- Development of Rural Village under constituency AC-46. Sub Head:- Improvement and strengthening of Dera Mandi road at damaged portions from Usha Farms at Dera More to Mandi village via Mandi Bandh Road and road near farms No. 15 towards cremation ground and Mandi Road from T-junction of M.G. Road to Haryana Border at damaged portion in ward no.175 South Zone. Dera Mandi road is the main arterial road of the area and connects village Dera with Mandi. The length of this road is 4.60 Km. Mandi road also situated in nearby vicinity is 8.7 Km. in length starting from the junction of Mehrauli Gurgaon Road and extended up to village Mandi & then Haryana Border. These roads have a very high intensity of traffic and being used for the past many years. Owning to their heavy usage, these roads require improvement/strengthening for the convenience of road users as well as to prevent wear and tear of the vehicles plying on these roads. A proposal for the dense carpeting of damaged reaches was prepared along with a proposal of improvement to drainage system in a small portion at Sultanpur village on Mandi road the same was placed before the Rural Development Board on 02.02.2012. The amount of the estimate originally submitted before the Rural Development Board was Rs. 171.63 lacs with 49% enhancement as prevailing at the time of preparation of the estimate. Sanction has been accorded by the competent authority vide no. F-2 (444)/PD (RD)/10-11/5561-75 dated 20.01.2012. The amount sanction by the Rural Development Boar is Rs. 134.04 lacs with the enhancement as 25% instead of 49% taken for the preparation of the estimate. The estimate has been got checked by Planning Department amounting to Rs. 134.04 lacs. The SDMC has accorded Administrative Approval and expenditure sanction vide resolution no. 81 dated 10.10.2012. Accordingly, tender were called vide NIT No. EE (Pr) SZ-II/SZ/TC/2012-13/3 dt. 24.07.12 PWD department Govt. of NCT Delhi had raised the objection for call of tender for the portion of Mandi road taken in this tender and requested to cancel the tender as the Mandi road was handed over to PWD by maintenance division of SDMC. So the tender was withdrawn and the Technical Sanction and Draft NIT was amended after deleting the portion of Mandi road and approved by the Competent Authority. Tender were called vide NIT No. EE-Project South-IISZ/TC/12-13/4 dated 13-08-12 due on 03-09-2012. Due publicity was given through web and in the following newspapers:- S. No. Name of the Papers Language Date Place 1. Indian Express English 18-08-2012 Delhi 2. Financial Express English 18-08-2012 Delhi 3. Amar Ujala Hindi 18-08-2012 Delhi 4. Jan Satta Hindi 18-08-2012 Delhi 5. Daily Tej Urdu 18-08-2012 Delhi Two tenders were sold and single tenderer has quoted their rates as per the comparative statement given below:- S.No. Name of Contractor Rates quoted E.M. of Rs. 1,93,600/(G.8 No. & Date) 1. M/s Radhey Shyam 59.89% 30692 dt. 03-09-12 M/s Radhey Shyam is the lowest tenderer with quoted rates 59.89% above. Justification of rates worked out by the department comes to 68.23% above whereas the lowest tenderer M/s Radhey Shyam have quoted their rates @ 59.89 % above. The rates quoted by the lowest tenderer are reasonable and within the justification of rates worked out by the department and hence recommended for acceptance. M/s Radhey Shyam is a registered Municipal Contractor under class-I category in MCD and are eligible to tender for this work. Their financial as well as technical capability is reputed to be satisfactory. The contractual amount of the work comes to Rs. 1,20,14,589/- which is well within the sanctioned amount of Rs. 1,34,22,000/- of the scheme. The expenditure of the work will be charged under head of A/C XLVIII-ZF (RDB). The time of completion of the work is 03 Months reckoned from the 10th day of issue of work order. The validity of rates is upto 02-02-2013. The finance has seen and concurred in the proposal The case may please be placed before Standing Committee, SDMC for approval of rates and Agency in favour of the lowest tenderer M/s Radhey Shyam at their quoted rates @59.89% above against departmental justification of rates i.e. 68.23% above for a contractual amount of Rs.1,20,14,589 /- under head of account XL-VIII-ZF (RDB) and to authorize the Commissioner, SDMC to enter into agreement with the lowest tenderer as required under the amended DMC act 2011. Ravi Dass E-in-C (SDMC) For Commissioner, SDMC SOUTH DELHI MUNICIPAL CORPORATION (Engineering Department) No._________________ Dated_________ From: The Commissioner, South Delhi Municipal Corporation SGM Civic Center, Minto Road, New Delhi To, The Municipal Secretary SGM Civic Center, Minto Road, New Delhi. Name of work: Improvement and Strengthening of internal Roads J,E,F,D,M,L,N & H Blocks Saket by providing dense carpeting in ward no 169, in South Zone. Saket is an approved colony of South Delhi situated in between Press Enclave Road and M.B. road. The condition of internal main approach roads of the entire colony is very bad, having potholes and road surface has been damaged badly which is beyond the patch repairs and needs immediate resurfacing by providing dense carpeting comprising of 50MM thick Bituminous Macadam and 40mm Asphaltic Concrete. The length of Road is 12.04 KM and carriage way width varies from 4.00 M to 7.50M and 10.00M to 12.20 M in parking area. Hon’ble speaker Delhi Vidhan Sabha, and Dy Commissioner South Zone alongwith other field staff had inspected the area and it was decided to improve the internal Roads J,E,F,D,M,L,N & H Blocks Saket. These roads have not been dense carpeted since last more than five years and requires dense carpeting for improvement of riding quality of the road surface and to make it motor able. Accordingly, a scheme amounting to Rs. 497.21 lac was prepared on the basis of DSR 2007 and was duly checked by the planning department. The scheme was forwarded to Hon’ble LG Delhi, for according Administrative Approval through principal secretary UD Government of NCT Delhi. Hon’ble LG, While according sanction to the proposal noted that the percentage enhancement for the estimate/ proposal be taken as 25%. Since the original proposal was prepared based on 49% enhancement, the proposal has been amended, accordingly, which now the comes to Rs. 417.12 Lacs. Since, the roads having ROW 60 feets and above has been transferred to GNCTD for maintenance. The roads of ROW less than 60 feets only have been taken in the present scheme and same has been incorporated in the technical note of above scheme. The scheme has been modified with 25% Cost Index over DSR 2007, 3% percentage contingency and 2.5 % for Third party Quality assurance. The modified/ amended amount for the scheme comes to Rs.417.12 Lacs. The preamble has been sent to South Delhi Municipal Corporation through Works Committee for accord of Administrative Approval and Expenditure Sanction to the scheme amounting to Rs. 417.12 Lacs vide No. F-33/Engg/SDMC/282/C&C dated 18.10.2012 (copy enclosed as annexure “A”). The works Committee vide item no 22 dt. 21.11.2012 has approved the case for further placing before South Delhi Municipal Corporation for accord of Administrative Approval and Expenditure Sanction. Hon’ble Mayor has accorded A/A & E/S vide order dated 20.12.2012 in anticipation of approval of South Delhi Municipal Corporation. The tenders were called vide NIT no EE-Project South-II/TC/2012-13/8 Dated 17.10.2012 and were opened on 12.11.2012. Due publicity was given through MCD web site as well as in the following News papers: S.No . 1. 2. 3. 4. 5. 6. Name of the News papers Times of India Nav Bharat Times The Economic Times Dainik Bhaskar Educator The Pioneer Language. Date Place English English English Hindi Urdu English 20.10.2012 20.10.2012 20.10.2012 20.10.2012 20.10.2012 20.10.2012 New Delhi New Delhi New Delhi New Delhi New Delhi New Delhi Seven tenderers had downloaded the tenders and seven tenderers have quoted their rates as per comparative statement given below:S. No. Name of contractor Rates E.M. of Rs. Quoted 8,34,300/- vide G-8 no/dt. 1. M/s Radhey Shyam 16.49% above 008001 dt.14.11.12 2. M/s C.Prakashan & Co 26.30% above 3. M/s Ram Karan Goel 27.77% above 4. M/s R.K.Goel Abhey 27.99% above Kumar jain 5. M/s macadam makers 6. M/s Asian resurfacing 40.40% above of road agency Pvt Ltd 7 m/s Vinod Kumar 33.87% above 44.44.% above M/s Radhey Shyam is the lowest tenderer with quoted rates 16.49% above. Justification of rates as worked out by the department comes out to 70.42% above whereas the lowest tenderer have quoted their rates @ 16.49% above. The rates quoted by the lowest tenderer are abnormally low rates, hence recommended for acceptance. Since the rates quoted by the lowest tenderer are abnormally low rates and hence the instant work shall be subjected to 100% test check by AE and 50% by EE. M/s Radhey Shyam is a registered contractor under class –I category in MCD and eligible to tender for this work. The financial as well as technical capacity is reportedly to be satisfactory. The contractual amount of the work comes to Rs. 3,68,19,926/- which is less than the sanctioned amount of Rs. 417.12 lacs of the scheme. The expenditure of the work will be charged under Head of Actt LA Road. The time of completion of the work is six months reckoned from the 10th day of issue of work order. The likely year wise expenditure shall be as under: 2012-13 Rs. 100.00 lacs 2013-14 rs. 268.199 lacs The validity of rates hold good upto 11.4.2013. Finance has seen and concurred in the proposal. The case may kindly be placed before Standing Committee for approval of rate and agency in favour of the lowest tenderer i.e. M/s Radhey Shyam at their quoted rates @ 16.49% above against departmental justification @ 70.42% above for a contractual amount of Rs. 3,68,19,926/- under Head of Actt LA Road. and to authorise the Commissioner SDMC to enter into the agreement with the lowest tenderer as required under section 202 (C) of SDMC Act amended to date. Ravi Dass E-in-C/SDMC for Commissioner SDMC PART ‘C’ Item No. 10 :— Approval of layout plan of Govt. Sr. Sec. School at Village Hastsal, New Delhi. Commissioner’s letter No. F. 33/CTP/SDMC/432/C&C dated 21-12-2012. The above mentioned proposal ts been submitted by Ex. Engineer PWD Div. XI (NCTD) Jail Road, New Delhi for approval of MCD u/s 313 or DMC Act. 1. Area and Location : The area of the plot for which the proposal has been submitted is 30300 sqm. (3.03 Ha). Land has been allotted for Govt. Sr. Sec. School by DDA at Village Hastsal, New Delhi. The site is bounded is as under :— North : DDA open land South : DDA Park East : Park/Janta flat/road 11.20 M wide (Existing) West : DDA land green land The main access to the site is drawn from 11.20 m wide road 2. Land-use/Ownership : As per the Zonal Development Plan Zone K-I approved under MPD-2021, the site under reference falls in residential use zone wherein school is permitted. The land is allotted by DDA for construction of Govt. Sr. Sec. School. Applicant has submitted the copy of the revised unified allotment letter No F. 16.(1)94/L/pt./1661 dated 8-7-05 vide which land admeasuring 3.03 Ha has been allotted to Asstt. Dir. of Education (Estate) GNCTD by OSD (Lands) DDA for construction of School. As per the allotment letters, the 50% of the land to be used for school building and 50% to be kept for play field. Applicant has also submitted the copy of the possession plan stating the land measuring 3.03 Ha has been handed over to JE-XI-PWD by Asstt. Dir. Education for construction of Govt. Sr. Sec. School at Village Hastsal, New Delhi. 3. Site Report : The shape and size of plot at site tally with the proposed layout plan. The site is bounded by compound wall. There are four block of double storey school bldg., two ground water tanks. Four over head tanks, one pump house, one park, trees and high voltage concrete pole line exist at site. The available width of the road in front of the plol is 11.2m. Also there is a high tension line passing along the front boundary but within the premises. It falls in the front mandatory setback. 4. Proposal : The proposal is for the construction of blocks of two school building, multipurpose hall and a swimming pool with changing room. 50% of the total plot is kept for the playfield and is common for both the schools. Open parking has been proposed to accommodate the required parking. 5. Development Control Norms : As per MPD-2021, the Development Control Norms for Sr. Secondary School are as under :— 1. Max. Permissible ground coverage : 35% 2. Max. Permissible FAR : 150 3. Max. Permissible height : 18 m. Parking Standards @ 2.00 ECS/100 sqm. of floor area. The areas earmarked for parking if misused liable to be municipalized/taken over by the Authority. Other controls related to basement etc. are given in the development code chapter. Other Controls : 1. In case of new schools, the front boundary wall shall be recessed by 6 m to accommodate visitors parking within setback area. 2. Upto 10% variation in plot size is permitted. Differential norms will be applicable to Special Area, Regularized Unauthorized Colonies, Urban Villages and Resettlement Colonies. 3. Playground shall be developed on pool basis in different areas at neighbourhood level. 6. Details of Proposal : 1. Total area of the plot — 30300 sqm. (3.03 Ha) 2. Plot area kept for Playfield — 15150 sqm. (50 % of total plot area) 3. Plot area kept for School Building — 15150 sqm. (50 % of total plot area) 4. Maximum Perm. Ground Coverage (35 % of school bldg. area) — 5302.5 sqm. 5. Proposed Gr. Coverage — 6. Proposed Coverage on all floors of — 9027.6 sqm. 7. Permissible FAR — 150 8. Achieved FAR — 59.59 9. Permissible height — 18 m 10. Proposed height — 13.65 m 11. Basement permissible — Basement(s) up to the Setbacks line maximum equivalent to parking and services requirement. Area provided for service shall not exceed 30% of the basement area. 12. Basement provided — Nil 2861.4 sqm. (18.89%) The proposal is thus as per MPD-2021 norms and is in order. [2 (S)] 7. Set-backs : Set-back required as per MPD-2021, 15 m in front 12 m on all other sides. The set-backs have been provided in accordance with the norms of MPD-2021 and are in order. 8. Parking : 1. Parking required @ 2ECS/1 00 sqm. : 181 ECS 2. Total parking provided (i) On surface (4741.27 sqm. @ 23 sqm./ECS) : 206.142 ECS Thus parking is in order. 9. Open/Green Area : (i) The Open/Green area required : 4923.75 sqm. (ii) The Open/Green area provided : 7547.33 sqm. Thus open/green area is as per the norms and is in order. 10. LOSC Consideration : The proposal has been considered by LOSC vide item No. 82/06 dated 06-10-06 and decision taken is reproduced as under :— 1. Since the land is allotted by DDA and the proposal of two schools is made by Delhi. Government, it be taken in order. 2. The proposal be forwarded to CFO and DUAC for their approval. 3. The applicant be asked to submit an NOC from the concerned authority with respect to H.T. Line passing through the site. 4. After the proposal is approved by DUAC, it be put up before the Standing Committee for its approval.” Accordingly references were made to CFO and DUAC for their approval and the same has been received. NOC for H.T. Line shall be submitted before the sanction of building plan. 11. CFO Approval : The Chief fire Officer vide letter No. F. 6/DFS/MS/LOP-BP/2012/3815 dated 17-10-12 has granted no objection for the approval of layout plan subject to certain conditions mentioned in the letter. 12. DUAC Approval : The Secretary, DUAC vide letter No. 23 (23) 2012-DUAC/155 dated 8-8-12 has sent a set of approved drawings only in respect of Layout Plan with certain conditions to be followed by the applicant. 13. NOC from DMRC : Dy. General Manager (General) DMRC vide letter No. DMRC/land/15/406/860 dated 11-5-06 has sent No Objection Certificate in respect of construction of Govt. Sr. Sec. School, Village Hastsal subject to condition that DMRC reserves its right to acquire the said property if required in future for MRTS purpose. [3 (S)] 14. NOC from Flood and Control : EE-CD-I, Govt. of NCT of Delhi vide letter No. EE/CD-I/T-21/06/572 dated 2-5-06, granted No Objection Certificate in respect of construction of Govt. Sr. Sec. School (2 Nos.) at Village Hastsal stating that “As surh this denartment dnes nnt have any objection for construction of School building on the land allotted by DDA to your department.” 15. Services : Services shall be laid and maintained as per the laid down norms of respective service department. 16. Recommendations : In view of the above and as required U/s 313 of DMC Act (amended to date) Layout Plan of Govt. Sr. Sec. School at Village Hastsal, New Delhi is placed before the Standing Committee for its approval subject to following conditions :— 1. The applicant shall get the bldg. plans sanctioned from the Building Department of MCD as per the approved layout plan and bldg. bye-laws and provisions of MPD-2021. 2. All structures proposed for demolition shall be demolished before issuance of completion for the proposed building. 3. No tree, if any, affected in the proposal shall be felled without the prior approval of the Competent Authority. 4. The applicant shall get the services plans approved before sanction of Bldg. Plans from the competent authority and shall comply with all the conditions of approval of services plans. 5. The clearance from the Environment Committee if required shall be submitted before the sanction of Bldg. plans. 6. The condition of approval of CFO, DUAC shall be adhered to by the applicant. The site shall be developed as per the plan approved by DUAC. 7. The applicant shall submit the NOC from Electricity Department with respect to HT line passing through the site at the time of sanction of building plans. 8. The applicant shall indemnify MCD through an Indemnity Bond keeping it harmless in case of any dispute if arises at any stage with respect to the shape, size, extent, title/ownership of land. 9. As per circular dated 17-2-09 the applicant shall file an undertaking stating that no equity shall be claimed by them if ultimately it is found that MPD-2021 suffers from infirmity and demolition of unauthorized and or impermissible construction is to be made, the same shall be carried out and the MCD shall not be responsible for any loss/damage as a result of granting the aforesaid sanction. [4 (S)] SOUTH DELHI MUNICIPAL CORPORATION Minutes of the Meeting of the Standing Committee (South Delhi) held on Tuesday, the 05th February, 2013 at 2.30 P.M. at Hansraj Gupta Sabhagaar, 1st Floor, A-Wing, Dr. S.P. Mukherjee Civic Centre, New Delhi. PRESENT 1. Shri Rajesh Gehlot 2. Shri Anil Kumar Sharma 3. Shri Farhad Suri 4. Dr. Pankaj Kumar Singh 5. Shri Parveen Rajput 6. Shri Satender Prakash 7. Ms. Simmi Jain 8. Ms. Timshi Kasana Chairman Shri Manish.Gupta, Commissioner and Shri O.P. Taneja, Municipal Secretary. 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Fkk vkSj 42 djksM+ fuxe izkIr dj pqdk gSA usrk foi{k us tks QksVks vkSj lkbVksa ds uke fn;s gSa ;fn og lgh gSa rks mu ij l[r dk;Zokgh dh tkuh pkfg;sA mUgksaus vkxs dgk fd dsUnzh; fo|ky;ksa esa [ksyksa dks c<+kok nsus ds fy;s 14 dsUnzh; fo|ky;ksa esa Lohfeax iwy chvksVh csl ij fn;s x;s Fks vkSj og QSDVj&1 ds vuqlkj gkml VSDl ns jgs gSaA ysfdu dqN Lohfeax iwy [ksy eU=ky; ls Lohd`fr ysdj def’kZ;y txg ij cuk;s x;s gSa ftuls gksVy o eksVy ds cjkcj gkmlVSDl olwy fd;k tk jgk gSA mUgksaus vuqjks/k fd;k fd Pkwafd bu fo|ky; ds cPpksa ds fy;s fu%’kqYd Lohfeax gS vr% ogka ij QSDVj 3 vkSj 4 u yxkdj tks gkml VSDl curk gS og fy;k tk;sA lEcfU/kr vf/kdkjh us crk;k fd ,e0oh0lh0 gkml VSDl dk QSDVj fu/kkZfjr djrh gS vkSj mlh ds vuqlkj VSDl olwyk tkrk gS mlesa ifjorZu dh lEHkkouk ugha gSA Jh lrsUnz pkS/kjh us dgk fd ubZ ikfdZax ikfylh ds vuqlkj voS/k ikfdZax ls tqekZus dh vf/kd ls vf/kd jkf’k dk izko/kku fd;k tkuk pkfg;sA ;fn bl ikfdZax ikWfylh esa tqekZus dk izko/kku ugha j[kk x;k gS rks ikfdZax ekfQ;k fujadq’k gks tk;saxsA Mk0 iadt us dgk foKkiu dks ns[kdj ;g irk ugha pyrk fd foKkiu oS/k yxs gSa ;k voS/kA voS/k foKkiunkrkvksa ds f[kykQ dkjZokbZ dj tqekZuk yxk;k tkuk pkfg, rFkk tks voS/k foKkiuksa ds fy, txg nsrs gSa muij Hkh tqekZuk yxk;k tkuk pkfg, ftlls fuxe dks jktLo izkIr gks ldsxkA mUgksaus lq>ko fn;k fd fuxe dh ftruh lEifRr;ka gSa mu ij foKkiu yxkdj jktLo izkIr fd;k tk ldrk gSA lqJh flEeh tSu us MkW- iadt dk leFkZu djrs gq, dgk fd cgqr ls voS/k foKkiu yxs gSa muds f[kykQ dkjZokbZ dh tkuh pkfg;sA Jh Qjgkn lwjh us dgk fd fnYyh esa txg&txg usrkvksa ds QksVks ds lkFk foKkiu yxs gq, gSaA ml ij uhfr cuk;h tk;s vkSj muls Hkh jktLo izkIr fd;k tkuk pkfg;sA -3- lEcfU/kr vf/kdkjh us crk;k fd bl fo”k; ij vk;qDr egksn; ds vkns’kkuqlkj 3 lnL;ksa dh ,d lfefr dk xBu fd;k x;k gS tks jktuhfrd foKkiuksa ds fy;s lkbt ,oa lkbV dk fu/kkZj.k djsxhA v/;{k us dgk fd tks Hkh foKkiu yxs gq, gSa mudh dksbZ uEcfjax ugha gS ftlls ;g Kkr ugha gksrk fd fdrus foKkiu oS/k gS vkSj fdrus voS/kA mUgksaus lHkh oS/k foKkiuksa dh uEcfjax djkus dk vkns’k fn;kA mUgksaus vkxs dgk fd foKkiuksa ds ekeyss esa vk;qDr egksn; ls ppkZ dh x;h Fkh vkSj vDrwcj esa fn’kk funsZ’k Hkh fn;s x;s Fks fd ftrus Hkh jftLVMZ foKkiu gSa muesa r[rh yxkdj uEcfjax ,oa foKkiudrkZ dk uke vkfn fy[kk tk;sxk ysfdu vHkh rd dksbZ dk;Zokgh ugha dh x;h gSA mUgksaus vf/kdkfj;ksa dks funsZf’kr fd;k fd ftl Hkh foKkiu] okyjsi vkSj ;wfud iksy ij ;fn fuxe dks cksMZ ugha yxk gS rks 2 fnu ds vUnj mudks gVk;k tk;sA dkj ikfdZax ds VS.Mj ds ckjs esa mUgksaus dgk fd tc rd u;h ikWfylh ugha vkrh gS rc rd iqjkuh ikWfylh ij dke fd;k tk;sA lEcfU/kr vf/kdkjh us crk;k fd n0fn0u0fu0 esa dkj ikfdZax jftLVsª’ku ikWfylh igyh ckj yk;h x;h gSA ftrus Hkh Bsdsnkjksa ds jftLVªs’ku dh ikWfylh v/;{k vkjihlsYk@v/;{k] LFkk;h lfefr vkSj egkikSj dh vfxze Lohd`fr izkIr dh x;h gS vkSj mls lnu dh vuqefr gsrq j[kk tk;sxkA 12 lkbVsa gSa tgka ls 40 gtkj :Ik;s ekfld izkIr gks jgs gSa vkSj 3 eghus ds fy;s 10 izfr’kr ‘kqYd c<+kdj olwyk tk;s rkfd fuxe dks jktLo dh gkfu u gksA vk;qDr us dgk fd ikfdZax Bsdsnkjksa vkSj foKkiu Bsdsnkjksa ds fy, Mªk¶V ikfylh cukdj vDrwcj ekg esa vkj-ih- lSYk lfefr esa nh x;h FkhA iqjkuh ikWfylh ds rgr dke djus esa Bsdsnkjksa ij gekjk f’kdatk ugha jgrk gSA bl fo”k; esa ;fn LFkk;h lfefr funsZ’k nsrh gS rks u;s flLVe ds VSUMj fd, tk ldrs gSaA v/;{k us dgk fd u;s flLVe ds fy;s le; lhek fu/kkZfjr dh tk;s rFkk ftu foKkiuksa ij uEcfjax ugha gS mUgsa gVk fn;k tk;sA Jh izohu jktiwr us dgk fd muds {ks= dh eq[; lM+d ij fuxe izkFkfed fo|ky; ds lkeus VSEiks vkSj xkfM;ka voS/k :Ik ls [kM+h gksrh gSaA blh jksM ij yxHkx 2000 fjD’ks ogka [kM+s jgrs gSa ftlls fo|ky; ds cPpksa dk fudyuk eqf’dy gks tkrk gSA nq?kZVuk,a Hkh vDlj gksrh jgrh gSa ysfdu bl ij dksbZ dk;Zokgh ugha dh tk jgh gSA fcfYMax esVsfj;y Hkh voS/k iM+k jgrk gSA ia[kk jksM iqy ds uhps odZ’kki cuh gqbZ gSaA xka/kh ekfdZV ftldk uke 307 dh lwph esa dSls gS tcfd ;g lM+d 6 ehVj ls Hkh de pkSM+h gS ogka ij 4&4 efUty ds ‘kks:e cus gq, gSa bu ‘kks:e ds ckgj lM+d ij Hkh dCtk fd;k x;k gS ftlls yksxksa dks fudyus esa dkQh dfBukbZ gksrh gS] dk;Zokgh dh tk,A lkxjiqj {ks= esa QSfDVª;ksa esa xqfM+;k cukus dk dke voS/k :Ik ls py jgk gS buls dSfedy o fFkuj vkfn gkfudkjd inkFkZ fudyrk jgrk gSA ou foHkkx dh tehu ij >qfXx;ka cuh gqbZ gSa ftuesa def’kZ;y xfrfof/k;ka py jgh gSaSA bl ij Hkh dk;Zokgh fd;s tkus dk vuqjks/k fd;kA 60 QqV pkSM+h lM+d dks Hkh ih-MCY;w-Mh- dks gLrkarfjr dj nh x;h gSa ysfdu dqN lM+dsa tks 60 QqV ls de pkSM+h gSa mUgsa ih-MCY;w-Mh- dks D;ksa fn;k x;k gSA Mk0 iadt us dgk fd vuqcU/k ij dk;Zjr MkDVjksa dk osru mRrjh fnYyh uxj fuxe ds vuqlkj fd;s tkus dk vuqjks/k fd;kA mUgksaus vkxs dgk fd if’peh {ks= ls ,-bZ-@ts-bZ- dk LFkkukUrj.k e/; vkSj nf{k.kh {ks= esa fd;k x;k gS ysfdu ogka ls fdlh Hkh deZpkjh us if’peh {ks= esa Tokbu ugha fd;k gS mlds LFkku ij deZpkjh Hkstk tk,A v/;{k us dgk fd xkfyciqj xkao ls MkWDVj dk LFkkukarj.k fd;k x;k gS mldk LFkkukarj.k jn~n dj mls okil Hkstk tk,A vxj fdlh iz’kklfud dkj.k ls MkWDVjksa dk LFkkukarj.k djuk iM+s rks ‘kgjh {ks= ds MkWDVjksa dk LFkkukarj.k fd;k tk, xkaoksa ds MkDVjksa dk LFkkukarj.k fcuk lClhV~;wV ds u fd;k tk,A mUgksaus vuqca/k vk/kkj ij v/;kidksa ds osru o`f)] ftldh ?kks”k.kk f’k{kd fnol dks dh tk pqdh gS] ds lEcU/k esa ‘kh?kz dk;Zokgh djus dks dgkA -4- Jh lrsUnz pkS/kjh us lQkbZ deZpkfj;ksa dh ‘kh?kz HkrhZ djokus dk vuqjks/k fd;kA cnjiqj&egjkSyh jksM ij cus Myko dk dwM+k ckgj iM+k gS bUgsa vaMjxzkm.M djok;k tk, ;k ,slh O;oLFkk dh tk, ftlls dwM+k Myko ds ckgj u jgsA lQkbZ deZpkfj;ksa dh HkrhZ ds lEca/k esa lEcfU/kr vf/kdkjh us dgk fd jkstxkj dk;kZy; ls 28 tuojh rd ds izR;kf’k;ksa ds uke Hksts x;s gSa tcfd 01 uoEcj rd ds jftLVMZ izR;kf’k;ksa ds uke ekaxs x;s FksA jkstxkj dk;kZy; ls tks uke Hksts x;s gSa og Hkh ofj”Brk ds vuqlkj ugha gSa] mudh NVuh dh tk jgh gSA bl ij v/;{k us dgk fd vH;fFkZ;ksa dk jkstxkj dk;kZy; esa uke iathd`r gks ,oa ml {ks= dk jgus okyk gksuk pkfg;s rFkk tks lwph izkIr gqbZ gS mlh ls NVuh dj lwph cuk;h tk;sA Jh vfuy ‘kekZ us ,0,l0vkbZ0 dh ‘kh?kz inksUufr djus dk vuqjks/k fd;kA mUgksaus vkxs dgk fd ,y-,u-Mh-vks- ls gLrkarfjr ekdsZVksa dks Qzh gksYM djus dk izh;Ecy vkxkeh LFkk;h lfefr dh cSBd esa yk;k tk,A vk;qDr us dgk fd ,dhd`r fuxe dh lQkbZ deZpkfj;ksa dh ,d lwph FkhA fuxe foHkktu ds ckn deZpkfj;ksa ls fdlh Hkh fuxe esa tkus ds fy;s vkI’ku fy;k x;k FkkA vc nf{k.kh fnYyh uxj fuxe ds lQkbZ deZpkfj;ksa dh tksuokbt lwph cuk;h x;h gSA dSMj Qzht djds vkSj ofj”Brk lwph ls lEcfU/kr dk;Z ‘kh?kz iwjk dj fy;k tk,xkA dSMj VªkbQjds’ku ds ckn Mh0ih0lh0 djds lh0Mh0lh0 vk/kkj ij inksUufr dh tk;sxhA lqJh flEeh tSu us dgk fd muds okMZ ds nks LVksj dks [kkyh djok;k tk,A rRi’pkr~ fu/kkZfjr dk;Zlwph ij fuEukuqlkj fopkj djuk vkjEHk fd;k x;k A PART-A POSTPONED CASES Item No. 7 Final Report of Third Municipal Valuation Committee. Consideration postponed. Item No. 25 Reso. No. 201 Policy for grant of licence to the Meat Shops. Resolved that it be recommended to the Corporation that the proposal of the Commissioner as contained in his letter No. F.33/Dir.(V.S.)/SDMC/236/C&C dated 27.09.2012 regarding Policy for grant of licence to the Meat Shops as detailed in the aforesaid letter, be approved with the following recommendations made by the sub committee constituted in the meeting dated 23.10.2012:REPORT OF THE SUB-COMMITTEE (Placed on table) A “Policy for Grant of License to the Meat Shop” was placed before the Standing Committee for approval by the corporation wherein the Chairman, Standing Committee constituted a Sub-Committee comprising of following members to examine the policy:- 1. 2. 3. Shri Subhash Arya, Leader of House Shri Farhad Suri, Leader of Opposition Shri Praveen Rajput, Member, Standing Committee -5The meeting of the above Committee was held on 23.11.2012 at 2.00 P.M in the office of Leader of House at Dr. S.P. Mukherjee Civic Centre, Minto Road, New Delhi and the following recommendations were made:1. The grace period for renewal of licence mentioned in the Policy at point No. 9 (b) under the title “Licence for meat shops” has been proposed as one month beginning from 1st April to 30th April of each year. The Committee recommends that the grace period for renewal of licence should be three months instead of one month and a suitable clause i.e. three would be a grace period of three months beginning from 1st April to 30th June of each year should be inserted in the Policy under above point. 2. At Point No. 11 under the title “Licence for the meat shops” it has been proposed that any Municipal Officer appointed and authorised by MCD can inspect the meat shop/premises at any time, should be replaced as under:Meat shopkeeper/licence holder would allow the Zonal Dy. Commissioner/Director (VS) /Zonal Dy. Director (VS)/Veterinary Officer appointed and authorized by the MCD to inspect the meat shop/premises at any time. 3. Since the grace period for renewal of licences has been recommended three months instead of one month by the Sub-Committee, the word “one month” in clause (c) at point No. 9 under the title “Licence for the meat shops” should be replaced by “three months”. 4. The point No. 17 & 18 mentioned in the Policy under title “Licence for the meat shops” should be amended as under:(17) The adhoc licences issued to the meat shops by the Dy. Health Officers (DHOs) when the veterinary services were the part of Health Department would be converted into regular licences by the Zonal Dy. Directors (VS) provided that the meat shops fulfil the conditions mentioned in this policy in respect of distance from the temple/religious place and size & height of the meat shop and all such cases shall be treated as renewal of licences instead of fresh cases. In order to convert their adhoc licences into regular, the Zonal Dy. Directors (VS) would obtain the documents from the meat shopkeepers as mentioned in this Policy under the title of ‘Documents required for renewal’ only. (18) The adhoc licences which have been revoked by the Zonal Veterinary Officers on the ground of non-submission of required documents or any other reason whatsoever (Except those where the Hon’ble Court has directed to revoke the licence) shall be re-instated, regularized and renewed by the Zonal Dy. Directors (VS) provided that the meat shops fulfil the conditions mentioned in this policy in respect of distance from the temple/religious place and size & height of the meat shop on submission of the documents by the meat shopkeeper mentioned in this Policy under the title of ‘Documents required for renewal’ only. 5. The point 1 (e) mentioned under the title “Location of the meat Shop” should be amended as under :The condition of distance of Temple/Gurudwara/religious place from the meat shop would not be implemented in case of renewal of licences, which have already been issued before the date of approval of this policy by the Corporation. In other words, if a Temple/Gurudwara/religious place/Mosque comes into existence after grant of licence to a meat shop, the factor of distance shall not be taken into account at the time of renewal of licence of the meat shop. -Sd(Praveen Rajput) Convenor -Sd(Subhash Arya) Member (Shri Farhad Suri, Leader of Opposition dissented). (Farhad Suri) Member -6Item No. 30 Reso. No. 202 Item No. 34 Simplification of Trade License policy of markets, trades, occupations, maintenance and regulations thereof as laid down under Chapter XX of the DMC Act. Resolved that the case be referred back to the Commissioner in the light of discussion held in the meeting. Policy for grant of license to Horse Buggies, horses/mares to be used for ceremonial purposes in South Delhi Municipal Corporations. Consideration postponed. NEW CASES Item No. 43 Reso. No. 203 Item No. 44 Reso. No. 204 Item No. 45 Reso. No. 205 Counting of part time service rendered by Community Workers (Part Time) as qualifying service for the purpose of ACP as well as pensionary benefits. Resolved that it be recommended to the Corporation that the proposal of the Commissioner as contained in his letter No. F.33/CSD/SDMC/443/C&C dated 04.01.2013 regarding counting of part time service rendered by Community Workers (Part Time) as qualifying service for the purpose of ACP as well as pensionary benefits as detailed in the aforesaid letter, be approved. Procurement of HP Laptops for the Councillors of South DMC. Resolved that it be recommended to the Corporation that the proposal of the Commissioner as contained in his letter No. F.33/DIT/SDMC/445/C&C dated 08.01.2013 regarding procurement of HP Laptops for the Councillors of South DMC as detailed in the aforesaid letter, be approved. Regarding purchase of 32100 Dual Desks (14500 Small Size & 17600 Big Size) for use by the children studying in Municipal Schools falling under jurisdiction of South DMC during the year 2012-13. Resolved that it be recommended to the Corporation that the following proposal of the Commissioner as contained in his letter No. F.33/Edu./SDMC/450/C&C dated 10.01.2013 regarding purchase of 32100 Dual Desks (14500 Small Size & 17600 Big Size) for use by the children studying in Municipal Schools falling under jurisdiction of South DMC during the year 201213 as detailed in the aforesaid letter, be approved :(a) Expenditure sanction of Rs. 5,07,71,100.00 for purchasing South DMC’s share of 32100 Dual Desks (14500 Small Size @ Rs. 1455.00 each small size dual desk & 17600 Big Size @ Rs. 1686.00 each big size dual desk) from M/s. Laggar Industries Ltd., Jalandhar, out of Plan Budget Head A/C XLII-A-II (2012-13) under which provision exists. Further, permission may also be granting to incur an additional 10% amount for additional 10% of dual desks, in case need arises. (b) Permission to release payments to the firm lot wise after receipt of the lab test report i.e. after getting third party quality assurance that goods are received as per the required specifications. (c) Permission to execute contract agreement between the supplier and the Director (Edn.) as per NIT terms and conditions on behalf of the Commissioner, South DMC before the issuance of Supply Orders. Resolved further that the proposal of the Commissioner as contained in his letter No. F.33/Edu./SDMC/450/C&C dated 10.01.2013 regarding approval of rate and agency as detailed in the aforesaid letter, be approved. -7PART-B Item No. 128 Construction of Public Utility (Recreation Centre) at Sidharth Extension in Ward No. C-154, Central Zone. Reso. No. 206 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/441/C&C dated 31.12.2012, be approved. Item No. 129 Development of unauthorized colony at Sr. No. 850/1639 in C-130 NGZ. SH:- Construction of roads by P/L RMC and Construction of Drain in Mahavir Enclave D-1A Block, DF Block, Part-I in Ward No. C-130 NGZ. Reso. No. 207 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/416/C&C dated 20.12.2012, be approved. Item No. 130 Development of unauthorized colony at S.No. 950 Regn. 1034 of 733 in Kailash Puri Extn. In Ward No. C-130 NGZ. SH:- Construction of road by Pdg. Laying RMC in Kailashpuri Extn in Ward No. C-130 NGZ. Reso. No. 208 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/417/C&C dated 20.12.2012, be approved. Item No. 131 Development of unauthorized colony at S.No. 532 Regn. no. 573 of 285 in Mahavir Enclave, D&F in Ward No. C-130 NGZ. SH:- Construction of road by Pdg. Laying RMC and Construction of Drain in Gali No. 2 & Gali No. 5 and Adj. Lanes and cross lanes in Mahavir Enclave F1, F2 Block in Ward No. C-130 NGZ. Reso. No. 209 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/418/C&C dated 20.12.2012, be approved. Item No. 132 Development of unauthorized colony at S.No. 965 Regn. No. 1050 in Syndicate Enclave, Raghu Nagar, C-129 NGZ. SH:- Construction of road by RMC in Syndicate Enclave, Raghu Nagar, C-129 NGZ. Reso. No. 210 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/419/C&C dated 20.12.2012, be approved. Item No. 133 Development of unauthorized colony at S.No. 87 Regn. No. 92 in Dashrathpuri Dabri Palam Road, C-129 NGZ. SH:- Reso. No. 211 Construction of road by RMC in Dashrathpuri Dabri Palam Road, C-129 NGZ. Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/420/C&C dated 20.12.2012, be approved. Item No. 134 Development of unauthorized colony at S.No. 1307 Regn. No. 1466 in Vashist Park, C-129 NGZ. SH:- Construction of road by RMC in Vashist Park, C-129 NGZ Reso. No. 212 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/421/C&C dated 20.12.2012, be approved. -8Item No. 135 Development of unauthorized colony at S.No. 1401 Regn. No. 1584 in Vaishali Extn., Dabri Palam, C-129 NGZ. SH:- Construction of road by RMC in Vaishali Extn., Dabri Palam, C-129 NGZ. Reso. No. 213 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/422/C&C dated 20.12.2012, be approved. Item No. 136 Development of unauthorized colony at S.No. 532 Regn. No. 573 of 285 in Mahavir Enclave D&F in Ward No. C-130 NGZ. SH:- Construction of road by Pdg. Laying RMC and Construction of Drain in Gali No. 1 & Gali No. 2 and Adj. Lanes and cross lanes in Mahavir Enclave F1, F2 Block in Ward No. C-130 NGZ. Reso. No. 214 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/423/C&C dated 20.12.2012, be approved. Item No. 137 Development of unauthorized colony at S.No. 696 Regn. No. 752 in Raghu Nagar in C-129 NGZ. SH:- Construction of road by RMC in Raghu Nagar in C-129 NGZ. Reso. No. 215 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/424/C&C dated 20.12.2012, be approved. Item No. 138 Construction of road by P/L RMC in between Gali No. 5 to Gali No. 9 and Adj. Lane in Mahavir Enclave, D, D1, D2 Block in Ward No. 130 NGZ. Reso. No. 216 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/425/C&C dated 20.12.2012, be approved. Item No. 139 Development of unauthorized colony at S.No. 532 Regn. No.573 of 285 in Mahavir Enclave, D&F in W.No. C-130 NGZ. SH:- Construction of road by Pdg. Laying RMC and Construction of Drain in Gali No. 2A & Gali No. 3 and Adj. Lanes and cross lanes in Mahavir Enclave F1, F2 Block in Ward No. C-130 NGZ. Reso. No. 217 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/426/C&C dated 20.12.2012, be approved. Item No. 140 Development of unauthorized colony at S.No. 1042 Regn. No. 1136 in Dabri Ext., East, W.No. C-129 NGZ Const. of road by RMC in Dabri Ext., C-129 NGZ. Reso. No. 218 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/427/C&C dated 20.12.2012, be approved. Item No. 141 Development of unauthorized colony at S.No. 691 Regn. No. 746 of 285 in Mahavir Enclave, D&F Block, in W.No. C-130 SH:- Construction of road by Pdg. Laying RMC in between Gali No. 3 to Gali No.5 and Adj. Lanes in Mahavir Enclave D,D1, D2 Block in Ward No. C130 NGZ. Reso. No. 219 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/428/C&C dated 20.12.2012, be approved. Item No. 142 Development of unauthorized colony 1358 Regn. No. 1538 in Durga Park Pkt-E, C-129 NGZ. SH:- Construction of road by RMC in Durga Park Pkt-E, C-129 NGZ. Reso. No. 220 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/429/C&C dated 20.12.2012, be approved. -9- Item No. 143 C/o drain from [Competent Motor (N.G. Road)-H.No. 1, Gali No. 1, Ramgarh at C-101/WZ] by pdg. B/W from and X-Culvert by RCC item in Raja Garden. Tender Amount:Rs. 31,31,747/-. Estimated Amount:- Rs. 48,99,700/-. Reso. No. 221 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/444/C&C dated 07.01.2013, be approved. PLACED ON TABLE Item No. 144 Remodelling of Drain No. 14 with the aim to avoid water logging in or around Purana Quila Road and Mathura Road to Yamuna River. Reso. No. 222 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/477/C&C dated 21.01.2013, be approved. Item No. 145 Strengthening of roads by providing Dense Carpeting Works of L-Block and Janakpark in Hari Nagar in Ward No. 109 in West Zone. Reso. No. 223 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/481/C&C dated 23.01.2013, be approved. Item No. 146 Improvement/Strengthening of internal roads/street by dense carpeting in A,B,C,D,E & F block Vasant Vihar in Ward No. 165, South Zone. Reso. No. 224 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/505/C&C dated 29.01.2013, be approved. Item No. 147 Improvement/Strengthening of internal roads by dense carpeting in A to G blocks Anand Niketan in Ward No. 168 South Zone. Reso. No. 225 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/511/C&C dated 31.01.2013, be approved. Item No. 148 Re-construction of Community Hall at Amar Colony, Ward No. 160, Central Zone. Reso. No. 226 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/513/C&C dated 05.02.2013, be approved. Item No. 149 Improvement & Strengthening of internal roads by Dense Carpeting in Lajpat Nagar-III in Ward No. 160, Central Zone. Reso. No. 227 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/514/C&C dated 05.02.2013, be approved. Item No. 150 Const of road by Providing pavement Quality Concrete (PQC) from E. No H957 to J-90, J-68 to J-245, J-276 to J-344 and J-39 to H-898 in Bharthal Village in C-141 NGZ. Reso. No. 228 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/515/C&C dated 05.02.2013, be approved. -10Item No. 151 Improvement of road by providing RMC from Goela road to Kakrola road in C-134/NGZ. Reso. No. 229 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/483/C&C dated 23.01.2013, be approved. Item No. 152 Construction of 6 Nos. class rooms, two store, one computer room, two office room, two library, two science room, five toilet blocks & tent urinals in MC Pry. School Sagarpur old in W.No. 131/NGZ. Reso. No. 230 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/512/C&C dated 05.02.2013, be approved. Item No. 153 Improvement of main internal roads and phirni road by pdg. RMC in village Goela in C-134/NGZ. Reso. No. 231 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/518/C&C dated 05.02.2013, be approved. Item No. 154 Development of Rural Village under constituency AC-46. SH:- Improvement and strengthening of Dera Mandi road at damaged portion from Usha Farms at Dera More to Mandi village via Mandi Bandh Road and road near farms No.15 towards cremation ground and mandi road from T-junction of M.G. Road to Haryana Border at damaged portion in Ward No. 175 South Zone. Reso. No. 232 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/507/C&C dated 31.01.2013, be approved Item No. 155 Improvement and strengthening of internal roads J, E, F, D, M, L, N & H Blocks Saket by providing dense carpeting in Ward no. 169, in South Zone. Reso. No. 233 Resolved that the proposal of the Commissioner as contained in his letter No. F.33/Engg./SDMC/506/C&C dated 31.01.2013, be approved PART-C Item No. 10 Reso. No. 234 Approval of layout plan of Govt. Sr. Sec. School at Village Hastsal, New Delhi. Resolved that the proposal of the Commissioner as contained in his letter No. F.33/CTP/SDMC/432/C&C dated 21.12.2012, be approved. Municipal Secretary Chairman Standing Committee (South Delhi)