[Reader-list] E MAIL FROM MANOJ MISRA, YAMUNA JIYE ABHIYAN REGARDING ONGOING COURT CASE

[Ratish Nanda]

Dear Friends,

In continuation of my mail of last tuesday here is the whole story.

3.1.2008
Kindly recall that the Hon'ble Bench of HC of Delhi had made a site visit
and spent more than 2 hrs at the impugned sites. Clearly the extent and
nature of damage to the river bed indulged in both by DDA and DMRC had
become evident to the court.

9.1.2008
Sri Kapil Sibal, the Hon'ble Union Minister of Science and Technology
(MOS&T) calls a meeting at Delhi at which only NEERI and DDA are invited. It
may be noted that NEERI being a constitutent of CSIR is directly answerable
to the MOS&T. NEERI also has a client - contractor relationship with DDA for
the Yamuna work. Some kind a strategy is assumably devised at this meeting.

14.1.2008
DDA writes a letter to NEERI specifically asking three leading questions and
providing some material from 2006 and 2007 to it for reference.

24.1.2008
NEERI responds to DDA with a so called 'Assessment Report' which says that
since they (NEERI) were not aware of the presence of the new bund in the
river bed close to the Akshardham when they submitted their report in 2005
(it is notable that the bund had been illegally constructed by the DDA in
2002), hence now that the bund exists the area in question no longer is
deemed to be part of the flood plain. A lie of the highest order and
technically an incorrect statement.

29.1.2008
DDA submits an affidavit to the Hon'ble HC saying that now that this new
NEERI report is in place and as it clarifies all the 'confusion' and hence
there is no problem left.

The fact of the matter is that NEERI not only knew about the bund but had
carried google images of it and referred to it in its 2005 report which is
the basis of the whole case against the DDA and the proposed Residential
Complex in the name of Games Village as well as the impugned polluting Depot
and residential flats by the DMRC in the river bed.

Clearly NEERI had been pressurised both by MOS&T and DDA to submit a report
quoting wrong facts and condemning it own previous report and thereby tried
to misinform and mislead the Court.

Today, Sri S M Agrawal, the Convenor of the HC appointed Usha Mehra
Committee demolished very systematically and methodically in his inimitable
style, the said new report by NEERI and laid bare the whole game of deceit
and lies being played by the DDA in the Court. Obviously the DDA had little
to say in its defence. (It is now left to be seen as to how does the court
take up the matter of the deliberate mischief of both the DDA and NEERI in
the matter). Here it may be mentioned that more we see of the Sri Agrawal, a
former District and Sessions Judge, in action in the court the more we
understand and appreciate the reason why the Court chose him to become the
Convenor of this Committee. If there is one true unsung hero in the saga of
Save Yamuna Campaign then it is HIM.

We (Sri Sanjay Parikh our Counsel) in our counter affidavit filed today have
sought suo moto initiation of action for perjury and contempt by the Hon'ble
Court against these agencies for deliberate misrepresentation, lies and
misinformation.

Whatever the final outcome, the larger issue is that if this is the manner
in which prestigious and assumably professional agencies are behaving and
tend to succumb to extraneous pressures to the extent of out right lying
just to please their political masters then can they ever be looked upon
with respect for their scientific abilities and achievements?

The case shall resume next tuesday (12.1.2008) and hopefully the arguments
should conclude on that day, unless DDA or DMRC comes up with some new trump
card. The matter of Dr Pachauri heading some Monitoring Committee as
suggested by the SG and objected to by Sri Parikh has hopefully been laid to
rest when we presented, in response to a letter submitted by DDA from Dr
Pachauri (where he agreed to do it if the work was given to TERI), evidence
to the fact that TERI and Dr Pachauri has a vested interest in the whole
matter.

manoj

-- 
www.yamunajiyeabhiyaan.blogspot.com



-- 
Ratish Nanda