Question : COMMERCIAL USE OF BASEMENTS

(a) whether attention of the Government has been drawn to the news-item Captioned `NDMC lets out property; ignores HC order, norms` appearing in `The Indian Express`, dated September 3,2002;

(b) if so, the facts of the matter reported therein and reaction of the government thereto;

(c) the action taken to cancel the lease;

(d) whether it is a fact that in various residential colonies of Delhi like Saket, Lajpat Nagar etc. footpaths have been encroached by the residents;

(e) if so, the action taken by the MCD to clear these encroachments alongwith the time by which these are likely to be cleared;

(f) whether underground basements have been constructed in Lajpat Nagar and many areas of Delhi which have been rented out and are being used for commercial activities;

(g) if so, whether the use of commercial purposes of the basements create parking of vehicles on the roadside a problem for others;

(h) if so, whether the basements can be used for commercial purposes; and

(i) if not, the action the government propose to take to clear all these basements from running commercial activities alongwith the time by which these are likely to be cleared?

MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS AND MINISTER OF STATE IN THE MINISTRY OF URBAN DEVELOPMENT & POVERTY ALLEVIATION ( SHRI O. RAJAGOPAL )

(a)&(b): The New Delhi Municipal Council (NDMC) has informed that the issue relates to the space at Akbar Bhavan, Chanakya Puri, New Delhi. The space is at ground/lower ground. On vacation of the above premises, it has been allotted for licensable/non licensable purpose on tender by NDMC for restaurant and banquet. The offer of allotment was subject to getting clearance/No Objection Certificate (NOC) from Chief Architect and Medical Officer of Health and other related departments.

(c): In view of above does not arise.

(d)&(e): As reported by Municipal Corporation of Delhi (MCD), cases of encroachments on footpaths have come to light for which suitable action to remove such encroachments have been taken from time to time.

(f)to(i): Basements have been constructed with prior sanction of building plans. As per the provision of Master Plan for Delhi (MPD) - 2001/ elhi Municipal Corporation (DMC) Act, basements cannot be used for commercial purposes. The Union Government have been stressing upon local bodies/Delhi Development Authority from time to time to take action under provisions of Delhi Development (DD) Act 1957/ Section 347 of the DMC Act in cases of encroachments/detection of commercial use of basements.