Lethal Gas Chambers: Research Report on Pollution in Delhi

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LETHAL GAS CHAMBERS OF INDIA FAR Construction and Poisonous Pollution in Delhi Save People From Dust And Noise Pollution In Group Housing Societies Of New Delhi India RESEARCH REPORT BY RAKESH RAMAN June 2019

Deadly dust and noise pollution is caused by FAR construction in occupied cooperative group housing societies of Delhi. Large-scale gas chambers designed for mass killing were used by Nazi Germany as part of its genocide program during the Holocaust. Similar gas chambers are reportedly used by the cruel regime of North Korea to punish the citizens. Now, India has deployed its own virtual gas chambers in housing complexes of Delhi to silently kill millions of innocent people with poisonous air. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 1 of 70


CONTENTS OF THE RESEARCH REPORT

FAR Introduction

Key Findings of the Research Report Target Action Groups Summary of the Research Report Brief Facts of FAR Construction Reckless Government Policy

Environmental Damage

Corruption in FAR

Open Letter to Chief Minister Kejriwal Administrative Failure and Lawlessness Corruption in Deadly FAR Construction Corruption Inquiries in FAR Projects Extended Construction and Corruption Campaigns

Join the Green Group of Delhi Advice to Residents Opposing FAR Policy Signature Campaign to Stop Pollution

Broken Global Environment Commitment Faulty FAR Approval Process and Disputes Irregularities in FAR Approval Process Violation of Indian and Global Laws Ineffective Pollution-Control Administration

Citizen Awareness

Effects of FAR Construction on Air Pollution Dreadful Facts About Pollution Effect of Construction on Climate Change Anti-Corruption Laws to Stop FAR Effects of Construction on the Economy

Recommendations

Prosecution of Bureaucrats and Politicians Formation of Civil Society Action Groups Environmental Asylum for Delhi Refugees

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By​ Rakesh Raman

Preamble In the current phase of neo-industrialization, where the world is running faster than you think to embrace an economic model driven by hyper mechanization, people are ignoring their most formidable enemy that is constantly chasing them. Enemy? Yes, enemy. And it is pollution – the most dangerous foe of humans in the modern world. You must know that pollution is claiming over 7 million lives every year while the number of pollution-linked deaths are increasing at a threatening pace. Careless industrialization, reckless urbanization, and undisciplined lifestyles are responsible for pollution-related diseases and deaths. Today, your every step toward industrialization and every move toward urbanization are bringing this enemy closer to you and it is ready to devour you mercilessly. Governments world over are struggling to save their people from the cruel clutches of this invisible monster. However, India is a peculiar case. With its cruel urbanization policies, the Indian government has become the first government in the world that is hell-bent to kill its own people and bring mass destruction in the country by damaging the environment and spreading pollution carelessly. This report reveals the worsening environmental situation in India’s capital New Delhi because of increasing air pollution. Of late, the hazardous effects of pollution have exacerbated as the Ministry of Housing and Urban Affairs, Government of India, has unleashed a brutal scheme under the FAR (floor area ratio) construction policy. The new scheme is being implemented through the office of the Lt. Governor (LG) of Delhi, which is the highest administrative authority in the city-state. The scheme allows inhabited group housing complexes of Delhi to extend their existing buildings by allowing individual flat owners to construct more rooms, balconies, etc. while ignoring the health and safety concerns of others who prefer to live in a clean, peaceful environment.

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The ill-conceived FAR policy has led to a widespread building construction activity in all parts of Delhi - particularly in the group housing complexes where nearly one-fifth of Delhi’s estimated 30 million people live. Obviously, this massive construction work is spreading lethal cement-dust and noise pollution in and around the sites where construction is happening.

While the local authorities and pollution-control agencies in Delhi are corrupt and careless, they do not take action as harmful construction keeps happening in residential areas. The construction projects include the extension of existing buildings as well as redevelopment projects which will eventually affect the health of an estimated 10 million people in and around the city as the dust pollution will further contaminate the air leading to more dangerous air pollution. While this construction is not required at all, the government officials have failed to understand the damaging effects of pollution on the environment as they have refused to withdraw the FAR policy despite numerous protests and representations by those citizens who want to live in a clean and pollution-free environment.

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This report aims to sensitize all stakeholders particularly the Indian bureaucrats and politicians who lack awareness of the environment aspects and have blindly given permission for FAR construction in Delhi. The report also sheds light on various implications of FAR construction and harmful pollution, and also highlights the environment, corruption, and lawlessness issues around FAR construction and its adverse impact on the local economy. The focus of the report is on the occupied cooperative group housing societies of Delhi where hundreds of thousands of people are getting directly affected because of FAR construction and pollution.

Key Findings of the Research Report ●

The report covers the harmful effects of dust and noise pollution emanating from the avoidable construction activity in Delhi’s residential areas.

The dust and noise pollution in Delhi is increasing as massive construction is happening under Indian government’s cruel FAR (floor area ratio) construction policy for residential areas.

The pollution is affecting the health of hundreds of thousands of people - including men, women, children, and even senior citizens.

The government departments have refused to listen to people's complaints. The harsh FAR policy is depriving people of their fundamental right to live in a clean, pollution-free environment.

With an utter disregard to the environment protection needs, the Government of India is breaking its own commitment to the global community, as India has ratified the Paris Agreement (on Climate Change).

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The FAR construction activity is illegal as it is depriving citizens of their right to pollution-free living guaranteed under Article 21 of the Constitution of India.

Similarly, the Indian government is abusing the right to life enshrined in Article 3 of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations. It states that "everyone has the right to life, liberty, and security of person."

The police and law-enforcement agencies are reluctant to take action against the managing committees (MCs) of group housing societies that are carrying out construction because the MCs are supported by dishonest deep-pocketed builders and corrupt Indian bureaucrats and politicians.

Pollution has become a major factor that is causing ‘global warming’ or climate change. As compared to the perils of environmental pollution that affect human health, the climate change brings mass destruction with floods, droughts, hurricanes, tornadoes, volcanic eruptions, earthquakes, and tsunamis.

Conservative estimates suggest that air pollution already causes 15,000 premature deaths in Delhi every year. The number of deaths will increase significantly if FAR construction continued in the city. While atmospheric / construction dust causes a whopping 45% of pollution, it will increase with the extended construction activity.

The main factors responsible for releasing the FAR policy are bureaucratic naivety, political corruption, extreme lawlessness in Delhi’s cooperative group housing societies, and lack of domain knowledge on environment in India.

In today’s increasingly specialized and cut-throat world, a person needs in-depth knowledge and extensive domain expertise to handle a particular department even in a small company. But it is highly unfortunate that people with no qualification or expertise become Presidents, Governors, Prime Ministers, ministers, and

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bureaucrats in India to manage highly complex domains of governance, such as the environment. That’s why India continues to be a poor, underdeveloped country.

Target Action Groups The report targets the following departments, organizations, and officials in order to sensitize them about the Indian government-led environmental crime in the country. It expects all the stakeholders including the global pollution-prevention groups to take appropriate actions to get the FAR-construction and pollution stopped in Delhi. ●

Dedicated organizations such as United Nations Environment Programme (UNEP), World Health Organization (WHO), United Nations Children's Fund (UNICEF), United Nations Educational, Scientific and Cultural Organization (UNESCO), United Nations Framework Convention on Climate Change (UNFCCC) and the World Bank.

International environment protection research and advisory groups.

Departments, Ministries, Pollution Control Boards, and officials of Delhi Government and the Government of India responsible to control pollution.

Courts of India, National Human Rights Commission (NHRC), Central Vigilance Commission (CVC), Central Bureau of Investigation (CBI), and Delhi Police.

Lawmakers including Members of Legislative Assembly (MLAs) and Members of Parliament (MPs) in India.

Trade associations including Confederation of Indian Industry (CII), Federation of Indian Chambers of Commerce & Industry (FICCI), The Associated Chambers of Commerce of India (ASSOCHAM), and the National Association of Software and Services Companies (NASSCOM).

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Colleges and universities in India which are offering academic programs on environment.

Citizens of Delhi and other parts of India.

Summary of the Research Report ●

The residents of India’s capital New Delhi are facing an immediate threat from dust and noise pollution as cooperative group housing societies (CGHS) are carrying out floor area ratio (FAR) extended construction in the occupied societies where millions of people are already living.

The extended FAR construction activity will cause environmental hazard as dust pollution will increase air pollution in the entire region. Similarly, the noise pollution from the construction activity will harm residents - particularly children and senior citizens.

The FAR construction activity which will run for years in different housing complexes will pose serious health risks to men, women, children, and senior citizens.

The additional construction will also disturb the sick and elderly residents as well as students who will have to bear noise pollution because of the constant construction hammering.

The hazardous effects of construction-related pollution will not only be on the residents of affected societies, but it will also harm the entire population of Delhi and the neighboring areas. According to a new ​study​, pollution is killing nearly 42 people everyday in Delhi which is among the most polluted cities of the world. And there are hundreds of others who fall sick daily because of pollution in the city.

The National Green Tribunal (NGT) of India has observed that one of the major sources of air pollution is dust emission from construction activities, which must be stopped to avoid pollution-related diseases and deaths.

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No activity can be legal if it poses a risk to even one person’s life. The truth is that the FAR extended construction-related pollution will put to risk the lives of millions of people who live in and around Delhi. Thus, FAR construction is an illegal activity.

With ill-conceived FAR policy, the Delhi Government is using extended construction as a weapon of mass destruction (WMD) which will first torture people with the lethal dust and noise pollution and then finally kill them mercilessly.

As FAR projects are happening in dozens of housing societies of Delhi, it is believed that thousands of people are already suffering in the city. But unfortunately the government is not keeping data related to FAR-related diseases and deaths. Delhi Development Authority (DDA) has even refused to share data requested through RTI application about housing societies that have applied for FAR approvals.

FAR construction is spreading like a pandemic disease in Delhi.

Unlike essential construction for hospitals, schools, roads, and bridges, FAR construction is totally avoidable and hence must be stopped immediately.

The residents of Delhi urge the government to save them from the dust and noise pollution coming in group housing societies from FAR construction so that they could live in a clean, pollution-free environment. The author of this report – Rakesh Raman – has been running mass awareness environment-protection campaigns in order to get the FAR construction stopped in Delhi. He has interacted with various government officials and hundreds of people in Delhi to inform them about the risks of extended FAR construction and pollution. He has

formed the Green Group of Delhi in order to intensify the environment-protection activities in Delhi. He also publishes ​Clean Climate environment news ​magazine that covers local and international environment news and issues to engage with different stakeholders who are trying to protect the environment.

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Brief Facts of FAR Construction 1. ​Driven ​by corruption, ​the FAR construction in cooperative group housing societies (CGHS) of Delhi is a form of extended construction activity in the occupied housing complexes. 2. The extended construction is spreading lethal dust and noise pollution in the city. This pollution will directly affect the health of almost 2 million people who live in about 2,000 housing societies. And millions of other citizens who live around these residential areas will also get affected with harmful pollution. 3. The housing societies are regulated by the office of the Registrar Cooperative Societies (RCS) of Delhi Government. However, RCS office refuses to stop FAR construction. 4. Now, the FAR approvals are being given by the Delhi Development Authority (DDA). Once DDA approves FAR proposal of a housing society, then Delhi Fire Service (DFS) and Delhi Urban Art Commission (DUAC) blindly clear FAR projects. 5. Although the FAR scheme was first floated about 10 years ago, it was shelved with a government notification of 2012 from the office of the Lt. Governor of Delhi which stated that FAR is not allowed in the occupied housing societies. The notification states that ​“it has been decided in public interest that increased FAR should not be permitted in respect of already constructed and occupied CGHS (cooperative group housing societies).” As the “public interest” factor is still valid, FAR cannot be permitted in occupied CGHS. Many MCs baselessly argue that it is an old rule. But the point is that this rule was made keeping in view the “public interest” because extended construction will be harmful to the public in occupied housing complexes. Then how can the “public interest” concern suddenly disappear after a few years? It can’t. 6. The current phase of FAR projects is based on a new gazette notification dated August 11, 2016 issued by the Ministry of Urban Development (Delhi Division). According to the notification’s Para 4.4.3 for Group Housing - Max. ground coverage: 33​1⁄3​% ​[ in case of

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addition / alteration of existing DUs (dwelling units) for availing balance FAR, ground coverage upto 40% may be allowed ]. 7. The new FAR scheme - which breaks many existing laws - vaguely allows inhabited group housing complexes of Delhi to extend their existing buildings by allowing individual flat owners to add more rooms, etc. while ignoring the health and safety concerns of others who prefer to live in a clean, peaceful environment. 8. ​It is learnt that the new FAR policy was announced by the government under pressure from local lawmakers who are part of the racket being run by dishonest builders and the managing committee (MC) members of housing societies. Since most voters are in favor of illegal FAR, the politicians are not eager to stop it even when FAR construction is hazardous. 9. ​The total corruption money involved in the FAR projects is thousands of crores of rupees. Corruption happens as the MCs quote inflated rates and force flat owners to pay those rates. In some cases, the MCs charge 100% more money than the actual costs of construction. With this ill-gotten money, MCs bribe government officials to get FAR approvals in an unscrupulous manner. 10. The complaints of people who oppose FAR are falling on deaf ears. Now, many complainants are going to the courts to get FAR stopped. But the Indian judicial system is not working properly.

Reckless Government Policy The government departments responsible for allowing FAR construction and spreading pollution include the office of Delhi’s Lt. Governor, Chief Minister of Delhi, Municipal Corporations of Delhi, Registrar Cooperative Societies (RCS) of Delhi Government, Delhi Police, Delhi Development Authority (DDA), Delhi Fire Service, Delhi Urban Art Commission, Ministry of Housing and Urban Affairs, and the Ministry of Environment of Government of India. Unfortunately, these departments are full of naive officials who lack knowledge to handle public complaints - in this case related to environment. As they are extremely inefficient

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and illiterate, Indian politicians and bureaucrats in these departments and ministries do not take decisions to resolve public problems as pollution in housing complexes is increasing. Government officials either keep throwing written public complaints from one desk to another or simply ignore them while complainants keep suffering. When officials respond to public complaints, their communications are so vague that it is difficult to make heads or tails of their meaningless responses. The entire administrative system is designed to protect the corrupt officials. Consequently, the complainants are left with no other option but to approach the courts. As courts are always overcrowded, their decisions are either inordinately delayed or lack justice. Most Indian courts also lack knowledge to handle cases related to environment and pollution control as these are emerging domains. Governments and courts in India have failed to understand that pollution has become a major factor that is causing ‘global warming’ or climate change. Unlike other local problems such as poverty, unemployment, and illiteracy, pollution and environmental damage have global implications and local environmental crimes can adversely affect people on the entire planet. Thus, the climate crisis has become a humanitarian crisis which is harming global populations. Recently, United Nations Secretary-General António Guterres ​warned by saying that the world continues to witness climate change gather force. He expressed solidarity with all those suffering the devastating impacts of the climate crisis in different parts of the world. Mr. Guterres noted that the number of natural disasters has nearly quadrupled since 1970, with the U.S., followed by China and India experiencing the most since 1995. Incidentally, China and India - where the devastating effects of climate change are clearly visible - are among the most polluted countries. This shows the impact of pollution on climate change. It is true that scientists caution us about linking any single weather event with climate change. But they are equally clear that such extreme weather is precisely what their models predict will be the new normal of a warming world, the UN reports.

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“With science forecasting a dramatic rise in both the frequency and severity of disasters, it

is time to get serious about keeping ambition high on climate action – and on building resilience and reducing disaster risk,” Mr. Guterres suggested.

United Nations Secretary-General António Guterres. UN Photo/Jean-Marc Ferré (file) In a ​message to mark the World Environment Day, observed on June 5, Mr. Guterres emphasized the link between worsening levels of air pollution and the climate crisis. He urged governments to stop air pollution to save lives. As well as claiming 7 million lives every year, and damaging children’s development, the UN chief noted that many air pollutants cause global warming, which he has described as “an existential threat.” With the environment facing unprecedented perils caused by human activity (such as avoidable construction in Delhi), the UN chief said that action to fight climate change is the battle of our lives that we must win. As India is already experiencing a trust deficit in the global arena because of its weak environmental-protection policies, the country’s position will further get damaged if the Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 13 of 70


government allowed the pollution-filled extended construction activity to continue in India’s capital New Delhi. The courts must order the government to withdraw the dubious FAR policy in order to save lives in Delhi.

Administrative Failure and Lawlessness As the administrative systems in India - particularly Delhi - have completely collapsed, the bureaucrats and politicians are not taking decisions to help the suffering people. They force people to go to courts. But if courts have to do everything, why do citizens need careless government officials?

Besides FAR construction, the unruly MC members of housing societies frequently allow massive repairs in occupied houses to spread lethal dust and noise pollution for the residents. Since there is utter lawlessness in Delhi, the authorities ignore these environmental crimes. As a journalist and social activist, I have been running major campaigns to stop FAR construction, corruption, and pollution in Delhi. In order to thwart my anti-corruption and environment protection efforts, the corrupt people are sending multiple threats to me. These include false police complaints against me, threats of physical harm to me, expulsion notices, legal notices, and slanderous attacks on my social as well as professional status. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 14 of 70


While I have informed Delhi Police and other law-enforcement agencies about the threats to me, I am not deterred and I will keep fighting truthfully against the crimes and corruption in Delhi to get the culprits arrested and imprisoned. As FAR construction breaks many extant laws, it is a totally illegal activity. In an ongoing case, the Delhi High Court has stopped FAR construction which was happening in a housing society of Dwarka because of its harmful pollution and violation of many other laws. You can check out Case No. W.P.(C) 286/2018 on Delhi High Court website. But the court decision has not deterred the lawless MCs of other housing societies. If the court has stopped FAR construction in one society, it does not mean it will be stopped in other societies. As I run a free anti-corruption community service “​Clean House​,” dozens of people from different housing societies of Delhi contact me to discuss their FAR cases.

Report Corruption in Delhi Housing Societies to Clean House I have observed that most residents do not have sufficient knowledge to explain their cases. They lack communication / writing skills and their documentation to stop FAR in their Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 15 of 70


societies is also not complete. Such cases will simply get defeated in the court. Residents fail to understand that a legal case cannot be a silver bullet to address the FAR problem.

Moreover, as most Indian ​courts work in a free-wheeling manner and it is difficult to get a good, honest lawyer, you cannot expect the judgment in your favor even if your case is genuine. The less said about the Indian courts, the better. Nevertheless, it is important to understand the diverse issues related to FAR before taking steps to tackle it. It is a multi-dimensional problem. Most corrupt MC members - who are even facing government-ordered corruption inquiries - are fraudulently appointing architect firms / builders to start FAR construction in which there is a huge opportunity for them to swindle public money. In some cases, the corrupt MC members are deceptively linking FAR construction with building repairs in order to extort money from all the members - including those who oppose FAR construction. Most residents would have experienced that the government is supporting those who are committing FAR crimes. In such a situation, instead of blindly approaching the courts, the residents who are not in favor of FAR must understand different FAR issues and chalk out a specific strategy along with proper documentation to get it stopped in their societies. If you do not have sufficient documents, courts will not be able to help you stop FAR.

Faulty FAR Approval Process and Disputes The planning for FAR in a particular housing society begins in a General Body Meeting (GBM) in which the MC refers to the gazette notification of August 11, 2016, saying that now extension of flats is possible. Initially, a large number of members object to FAR construction, but the MC tells them that if the majority of members are in favor of FAR, it will be carried out. ​[ This is a false claim of MC. FAR expects 100% explicit consent from all the members. If even one member in a society is against FAR, it cannot be carried out in that society. ]

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The GBMs in housing societies are usually conducted in a fraudulent manner. Each housing society has a group of law-breaking members who collude with the MC for taking all illegal decisions such as FAR. The GBMs are mostly attended by these law-breaking members and in any GBM the total attendance is usually 30% of the total number of members. So, it is easy for an MC to get GBM approval for FAR, although it is illegal. After getting the FAR approval in a fake GBM, the MC starts demanding the first instalment of FAR work from the members. As members who opt for FAR quickly pay the money, the MC hires an architect / builder without following the proper hiring process.

FAR Construction Stopped by the Court at R. D. Apartments in Dwarka. Photo courtesy: Residents of R. D. Apartments In fact, in many societies, the FAR projects are secretly driven by the architects who start working with the MC in an informal manner before they are formally hired. After hiring the architect or architect firm, the dishonest members of MC start interactions with DDA and force other members to accept FAR because they say majority is in favor of FAR. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 17 of 70


If some members refuse to accept FAR, the MC members - who are mostly goons and criminals - threaten them to pay for FAR. The threats include false police complaints against the opposing members, frivlious legal cases against them, and arbitrary financial penalties on them. Finally, almost all the members succumb under MC’s threats and pay for FAR. Since most DDA officials are corrupt, they are bribed by the MC members to get FAR approvals. It is easy to get FAR approval from corrupt DDA officials. The MC members give totally wrong information to DDA for getting FAR approvals. Even the extension plans / drawings submitted by MC members are flawed and openly violate Unified Building Bye Laws (UBBL) and other regulations. But corrupt DDA officials turn a blind eye to the wrongdoing and approve FAR proposals. After DDA approval, Delhi Fire Service (DFS) and Delhi Urban Art Commission (DUAC) - which are also full of corrupt officials - blindly clear FAR projects. The entire approval process is only a hogwash to hoodwink the residents who oppose FAR. With these shady approvals, the MC members hire builders and construction companies fraudulently by flouting the tendering and purchase processes. Most residents do not possess sufficient knowledge to detect fraud in the entire process. The corrupt MC members start construction and keep demanding inflated costs from the members who get trapped in the FAR scandal. While FAR construction continues for years, the society members can neither live in the polluted environment nor can they leave to live in a rented accommodation outside. They can’t even sell their flats because there are hardly any buyers who would buy flats engulfed in poisonous pollution. If there are legal cases filed against the FAR construction in a housing society, it becomes a disputed property. Then it is almost impossible for flat owners to sell their flats. Some members sell their flats in distress and get only about half of the market rate. For example, if the market value of a flat is Rs. 1.5 crore, the flat owners in such disputed properties can only hope to get about Rs. 75 lakh for their flat. In some cases, the FAR construction never ends because disputes arise between corrupt MC members and the contractors or construction companies. In such cases, big builders Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 18 of 70


takeover the entire society buildings and residents are forced to sell their flats at ridiculously cheap rates.

Since the officials of RCS, DDA, DFS, and DUAC are part of the corruption racket, they ignore complaints of members who oppose FAR. In some cases, they respond with vague, meaningless letters which do not help stop FAR construction.

Irregularities in FAR Approval Process While MCs of different housing societies operate as money-grabbing gangs, they falsely claim that they have received DDA approval for FAR construction. But actually they mislead the members to grab their money. In fact, the so-called FAR approval letter is a conditional document issued by DDA with 26 conditions. The document states that “Any deviation done against the bye-laws is liable to be demolished and the supervising Architect, engaged on the job will run the risk of having his license cancelled.” Moreover, a DDA statement adds that FAR construction is not allowed in the existing housing societies.

DDA statement says that FAR is not allowed in existing housing societies. As DDA officials know that FAR in existing housing societies is not possible, they wash their hands of the illegal FAR scheme by giving the conditional letter to housing societies and blaming the MCs and the architect for this criminal activity - if they are caught.

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While most residents – who oppose FAR – do not have knowledge to find out if any of the 26 conditions specified by DDA are violated by their MC, the construction continues, although it is illegal. The MCs that are pursuing FAR are, in fact, cheating the residents and circumventing the law. As MCs are giving wrong undertakings at DDA to get the conditional letter, they will never be able to fulfill DDA’s 26 conditions. But the residents who oppose FAR will have to go to

the court in a systematic way to get FAR work stopped because the corrupt government officials refuse to entertain their complaints. As DDA has stated, FAR is possible as separate blocks without disturbing the existing flats only when all the members (100% members) in a society agree for FAR. If only one member does not want FAR construction, it cannot be started in a society building. You can read below the DDA / government r​ ule​: “The existing societies cannot be allowed to extend the structures as this would undermine the strength of the building and put people’s lives at risk… If even a single flat owner disagrees (for FAR), the proposal would have to be shelved (canceled).” In order to take DDA’s permission fraudulently, the corrupt MCs are bribing DDA officials and giving wrong undertakings in DDA claiming that all the members are in favour of FAR. They are also depositing money for all the members while a large number of members are not in favor of FAR and they do not give their explicit consent. By depositing money for all members, the MCs give wrong information in DDA that all members in their society prefer FAR. DDA gives approvals based on the information supplied by MC members. As DDA officials are bribed, they do not bother to verify the veracity of MCs’ claims. While DDA is a corrupt organization, it is giving conditional permits to housing societies where the MC members make false commitments that they will not break the extant laws while carrying out FAR construction. Since DDA knows that FAR construction in an occupied group housing society is illegal, it does not take its responsibility. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 20 of 70


It says ​“DDA will stand indemnified and kept harmless from all proceedings in courts and before other authorities of all expenses / losses / claims which the DDA may incur or become liable to pay as a result or in consequences of the sanction accorded by it to these building plans (submitted by the MCs for FAR).” While DDA also knows that the MCs of housing societies and their builders are making false claims for getting DDA approvals for FAR, it warns them by saying: “The sanction will be void ab initio if any material fact has been suppressed or misrepresented or if auxiliary conditions mentioned above are not complied.” But corrupt DDA officials do not stop FAR construction while they know that the dishonest MC members are suppressing many facts related to width of staircase(s), fire safety requirements, parking spaces, destruction of green areas, and so on. In fact, the building plans submitted by MCs to DDA are full of wrong and suppressed facts. But since DDA officials are bribed, they ignore the MC members’ blatant falsehood.

Average cost of construction per sq. ft. in Delhi is between Rs. 1200 and Rs. 1500. Google Search Photo The MCs recover the money paid in bribes from the members by quoting inflated costs for repairs and construction. For example, the construction cost in Delhi is just about Rs. 1,200 per sq. ft. But in some cases, the corrupt MC members are charging rates as high as Rs. 7,000 per sq. ft. When they are challenged, they split the inflated costs in frivolous construction / repair activities and get their decisions approved in fraudulently held GBMs (General Body Meetings) in which the voting members are usually bribed to get illegal decisions approved. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 21 of 70


As the entire FAR scheme is being run in an opaque manner, the MCs of housing societies

and DDA officials are reluctant to share any information related to FAR cases in different societies.

Violation of Extant Laws While the FAR policy is totally ambiguous, it ignores many other existing laws. If FAR construction is allowed, it violates various laws including ​Article 21 of the Indian Constitution, Unified Building Bye Laws (UBBL), Delhi Apartment Ownership Act, Delhi Fire Service (​DFS​) Rules, National Building Code (​NBC​), Easementary Rights, Delhi Preservation of Trees Act, and Maintenance and Welfare of Parents and Senior Citizens Act. Most law-breaking residents illogically argue that since FAR extension is allowed, they cannot be stopped. However, their arguments do not hold water because FAR extension - assuming that it is allowed - is not supposed to break any other existing law. As an analogy, if you are given a gun licence, you cannot assume that you can kill others with the gun because then you will be breaking an existing law for which you can be punished. The FAR policy vaguely allows building extension only if FAR construction does not break any other law. But the truth is that FAR construction violates a large number of laws. So, FAR construction is an illegal activity. As an example of violations, you can consider UBBL 2016. The housing societies that are planning or carrying out FAR construction are brazenly ignoring UBBL 2016 ​statutes​, but corrupt DDA officials are allowing them for violations which are non-compoundable offences. In fact, most of the violations in FAR construction are “non-compoundable offences” – which means these are serious crimes. The FAR construction clearly contravenes UBBL requirements pertaining to ventilation, natural light, fresh air, etc. in extended areas. Poor natural light and ventilation in flats would enhance bacteria growth within home leading to poor health of residents. This is against the national health care policy. Moreover, if artificial lighting and ventilation is used throughout the day it would convert the present energy efficient building to high

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energy-consuming building, whereas the national policy is supposed to build energy efficient buildings.

Children demonstrating in the streets of Delhi so that the Indian government should protect them from dust and noise pollution coming from FAR extended construction activity. Campaign and Photo by Rakesh Raman When the housing societies were built many years ago, the initial building plans were cleared by the authorities keeping in view the environmental issues such as ventilation, light, and air. But with additional FAR construction the buildings will obviously flout the original building bye laws because they were not built with the scope for extension. Moreover, most societies that are planning FAR extension do not satisfy the fire safety norms. The turning radius at corners of a building, for instance, should be of 9 metres with 6-metre free corridor for the movement of fire tenders. However, since most societies do not have sufficient passage and turning radius, the dishonest MCs of those societies conceal this fact while taking approvals from DDA and DFS officials who are so corrupt that they do not carry out a physical inspection of the buildings. As suppression of any fact would lead to revocation of approval by DDA, such societies are not supposed to start FAR projects and if you make a complaint against them the Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 23 of 70


construction should stop and the MCs as well as the architect firm will be penalized. With insufficient turning radius, the residents face a risk to their lives and property because in case of an inferno the fire tenders would get stuck up at road corners of 90 degrees in the building. As the fire can cause major loss to the life and property of the people living in the building, it will clearly be a case of criminal negligence or causing death by negligence (Section 304A Indian Penal Code).

Illegal car parking at a housing society in Dwarka, New Delhi that blocks the movement of fire tenders can cause serious fire mishaps. Similarly, most housing societies do not fulfill staircase requirements while undertaking FAR construction. The buildings are in the high-rise category which require at least 2 staircases for each floor. But MC members of housing societies blatantly flout UBBL 2016 to take approvals from DDA with just 1 staircase. This would make evacuation difficult in case of inferno or earthquake, and might lead to stampede on staircase with the possibility of accidents and deaths. Although the government claims that the current phase of FAR extension is based on Master Plan for Delhi - 2021 (​MPD-2021​), it brazenly violates even the requirements for the implementation of this Plan. For instance, MPD-2021 observes that Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 24 of 70


Creation of a sustainable physical and social environment for improving quality of life is one of the major objectives of the plan. The almost unprecedented scale and

speed of urbanisation in Delhi has resulted in enormous pressures on the physical environment with a severe adverse impact in terms of pollution, and today Delhi is considered to be among the most polluted cities in the world. While it is clearly stated in the MPD-2021 document that Delhi is among the most polluted cities in the world, the corrupt officials of DDA and the Ministry of Urban Development (Delhi Division) are hell-bent to spread more pollution by allowing FAR construction in housing societies. As FAR construction leads to major violations of a slew of existing laws, The Delhi Development Act 1957 ​specifies​ serious penalties. The Act, i​ nter alia​, states that: (1) Any person who whether at his own instance or at the instance of any other person or any body (including a department of government) undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any condition subject to which such permission, approval or sanction has been granted, shall be punishable - (a) with rigorous imprisonment which may extend to three years, if such development relates to utilizing, selling or otherwise dealing with any land with a view to the setting up of a colony without a lay-out plan; and (b) with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, in any case, other than those referred to in clause (a). The Act also has a provision of the order of demolition of building. It states that: Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without

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the permission, approval or sanction referred to in Section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted... may, in addition to any prosecution that may be instituted under this Act, make an order directing that such development shall be removed by demolition.

As FAR construction, as stated above, contravenes the fundamental statutes of The Delhi Development Act, the existing or ongoing FAR constructions must be demolished with the imposition of penalties, including imprisonment, on the MC members of housing societies who applied for FAR approvals. Further, the Air (Prevention and Control of Pollution) Act, 1981 (amended in 1987) is an ​Act of the Parliament of India which is supposed to control and prevent air pollution in India. However, as it is ambiguous, its application is complex and weak. Although the Act extends to all parts of India, it fails to control pollution even in the most polluted areas such as Delhi. However, it can be applied to stop FAR pollution in Delhi. The FAR construction is also illegal because it violates Article 21 of the Indian Constitution. Since Article 21 is about the fundamental right of every citizen, its violation is a crime even when the majority of members in a housing society opt for FAR construction. Therefore, the majority argument is invalid and meaningless in this case. As dust and noise pollution with FAR construction in housing societies is spreading in different parts of Delhi, nearly 5 million senior citizens are virtually facing a painful death. And there is no government existing in Delhi that cares for these harmed senior citizens. All their ​requests to the Delhi Government and the Government of India to save them from harmful dust and noise pollution have been falling on deaf ears. Although the Maintenance and Welfare of Parents and Senior Citizens Act​, 2007 – initiated by the Ministry of Social Justice and Empowerment, Government of India – is supposed to provide ​“simple, speedy and inexpensive mechanism for the protection of life and property of older persons,”​ it is a completely ineffective piece of legislation.

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The senior citizens say they have been running from pillar to post to get extended construction stopped in group housing societies, but the authorities have refused to listen to them.

Senior citizens in a group housing society of Dwarka urge the government to save them from dust and noise pollution of extended construction activity. Campaign and Photo by Rakesh Raman Invalid Arguments The concerned government departments and the MCs of group housing societies offer an invalid argument that if majority of the members in a society support extended construction decision, the other residents will have to accept it. How is that possible? If the decision of the majority of members is unlawful and driven by greed and not by need, it cannot be imposed on others who want to live peacefully in a harmless environment. While MCs contend that the majority of members support them in General Body Meetings (GBMs), their majority argument is meaningless. By this weird logic, if majority of the members say that they should kill others, will the MC of a society kill innocent people? The Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 27 of 70


majority rule cannot be applied in such cases where even one person’s life is at risk or the majority decision violates any existing law. The case [ ​W.P.(C) 286/2018 ​] in which the Delhi High Court has stopped FAR construction, the majority of the members were in favour of FAR while only a couple of members had filed the case and got FAR construction stopped. Even one member in a society can stop FAR construction. Moreover, most MCs of group housing societies are controlled by criminals who win the vote and support of other law-breaking residents / members in elections and GBMs by allowing them many illegal activities such as unauthorized car parking inside the society buildings, illegal alterations in individual flats, lavish late-night drink-parties, kickbacks, and so on. This is a kind of corruption and bribe to get others’ support. Thus, these MCs get even the illegal decisions (such as the FAR-based extended construction) approved in GBMs - which are in fact bogus meetings. Obviously, the GBM decisions cannot be imposed on other members. But the Delhi Government departments such as the DDA and the office of the Registrar Cooperative Societies (RCS) have refused to acknowledge this fact and they are accepting the fraudulent decisions taken by MCs in bogus GBMs. Government fails to understand that adding more rooms to existing rooms in a flat cannot be a need – particularly when most residents have very small families. It will also widen the rich-poor gap in a country where millions of people are still homeless and some rich are making more rooms which they do not need. The decision for harmful construction of MCs can be construed as an attempt to murder, as the construction-related pollution, disturbance, and possible accidents can kill innocent human beings. Unlike essential construction for hospitals, schools, roads, and bridges, FAR construction is totally avoidable and hence stopped immediately. The FAR construction is not driven by need, but it is driven by people’s greed who want to sell their flats at higher rates after additional construction. But they forget a simple fact that if their health is harmed with this construction, the money that they expect to earn will be useless. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 28 of 70


Further, different society MCs also say that the government rules allow such extended construction. But, in fact, these rules are environmentally hazardous and will harm the health and lives of people living in the society building. No government in the world can make any rule that is aimed to kill its own citizens. Will the Delhi / Indian Government kill its own people?

Corruption in Deadly FAR Construction It is believed that thousands of bureaucrats, politicians, builders, and members of housing societies are collectively running the multi-crore-rupees corruption scandal around FAR projects. However, the main government officials responsible for FAR corruption and pollution are: Hardeep Singh Puri​, India’s Minister of State for the Ministry of Housing and Urban Affairs Prakash Javadekar​, India’s Minister of Environment Anil Baijal​, Lieutenant Governor of Delhi K.V. Chowdary​, Central Vigilance Commissioner (CVC) Arvind Kejriwal​, Chief Minister of Delhi Imran Hussain​, Environment Minister of Delhi Rajendra Pal Gautam​, Cooperative Minister of Delhi Tarun Kapoor​, Vice Chairman, DDA H. Rajesh Prasad​, Secretary Cooperation Virendra Kumar​, Registrar Cooperative Societies (RCS) Amulya Patnaik​, Commissioner of Delhi Police S.P Singh Parihar​, Chairman, Central Pollution Control Board Atul Garg​, Chief Fire Officer, Delhi Fire Service (DFS)

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P.S.N. Rao​, Chairman, Delhi Urban Art Commission (DUAC)

Note​: This is only a partial list of delinquent officials. Their predecessors, successors, and subordinates who fail to stop FAR construction and corruption are also part of the racket. All these irresponsible and careless officials are not discharging their duties honestly. As a result, millions of people in Delhi are suffering. While India is already among the most corrupt countries of the world, these bureaucrats and politicians are further tarnishing India’s image in the world arena. The 2018 Corruption Perceptions Index (​CPI​) released by the global anti-corruption organization Transparency International reveals that India is among the most corrupt countries of the world. The index, which ranks 180 countries and territories by their perceived levels of public sector corruption, uses a scale of 0 to 100, where 0 is highly corrupt and 100 is very clean. More than two-thirds of countries score below 50 on the latest CPI, with an average score of 43. India, with a score of just 41, is ranked 78 in the world. In other words, India is more corrupt than 77 other countries. Bureaucratic and political corruption has become a pain in the neck for commoners in India. A “Freedom in the World 2017” ​report – released by Freedom House, a Washington-based independent watchdog organization – highlights rampant political and bureaucratic corruption in India. It reveals that corruption has a negative effect on government efficiency and economic performance. “Though politicians and civil servants at all levels are regularly caught accepting bribes or engaging in other corrupt behavior, a great deal of corruption goes unnoticed and unpunished,” the report s​ aid​ in its findings. The average corruption money in the FAR project of a society of say, 100 flats, is Rs. 8 crore. The corruption money increases proportionately with the increased number of flats in a housing society. The total corruption money in Delhi’s FAR projects is estimated to be Rs. 10,000 crore ($1.4 billion approximately).

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In order to weed out corruption, the officials listed above should be prosecuted under the Prevention of Corruption (Amendment) Act. THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2018 s​ tates​ that: For sections 7, 8, 9 and 10 of the principal Act, the following sections shall be substituted, namely:— ‘‘7. Any public servant who,— (a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant; or (b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for the improper or dishonest performance of a public duty or for forbearing to perform such duty either by himself or another public servant; or (c) performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear performance of such duty in anticipation of or in consequence of accepting an undue advantage from any person… shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. The amended Prevention of Corruption (Amendment) Act now also ​extends to punish bribe givers under offence relating to bribing of a public servant. The government permission for FAR construction is also a case of ​rent-seeking where the bureaucrats are distorting the government policy for personal gains. The concept of rent-seeking applies to corruption by bureaucrats who solicit and extract "bribe" or "rent" for using their legal but discretionary authority for awarding legitimate or illegitimate benefits to clients or applicants (such as Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 31 of 70


housing societies that apply for FAR approvals). Rent-seeking is directly related to bureaucratic corruption. Since corruption in FAR construction is a white-collar crime, according to criminal law, no

direct evidence is required to prove the offence. Only circumstantial evidence in terms of non-compliance of different regulations should be enough to prosecute, catch, and punish the culprits. The Central Vigilance Commission (CVC) of India has clearly defined corruption as CVC observes that if a government official is not following the right processes it is a case of corruption. According to the Vigilance Manual 2017 of Central Vigilance Commission (CVC), corruption is manifested in various forms such as bribery, nepotism, willful action or willful inaction to benefit someone or to deny benefit to someone known or unknown. It also states that corruption includes cases of favoritism and failure to follow laid down processes leading to unintended benefit to someone or denial of benefit to the deserving. If these statutes - which are supposed to prevent corruption - are applied honestly, the officials listed above can easily be prosecuted and possibly jailed for their acts of corruption in FAR cases. Similarly, the MC members of housing societies, buildrers, and residents who support FAR construction can be caught and imprisoned for various crimes and abetment to crime.

Corruption Inquiries in FAR Projects As I have been constantly complaining against FAR crimes, in response to my comprehensive complaints with evidentiary support, the anti-corruption agencies have initiated corruption inquiries against some top government officials of DDA and RCS. Through

its

letters

dated

07.05.2019

No.

F.27/04/2019/DOV/6351

and

No.

F.27/04/2019/DOV/6353, the Directorate of Vigilance (DOV), Delhi Government under advice from the CVC has directed the Chief Vigilance Officer of DDA and Secretary (Cooperation), Cooperative Societies Department of the Delhi Government to hold inquiries against Mr. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 32 of 70


Udai Pratap Singh (IAS, Retd.), former Vice Chairman, DDA; Mr. J.B. Singh (IAS, Retd.), former

Registrar RCS; and Mr. Jayadev Sarangi (IAS, Retd.), former Registrar RCS. ​[ Exhibit 1 and Exhibit 2 ]

Office of the Registrar Cooperative Societies (RCS) of Delhi Government Earlier, through its letter dated 14.05.2018, the Chief Vigilance Officer (CVO) of DDA informed me that CVO is ready to hold inquiry into the corruption of its officials in FAR projects under CVC’s directions. [​ Exhibit 3 ] I have urged the anti-corruption agencies to hold these inquiries in a transparent manner by issuing notices to the accused officials and calling them to formal hearings. The anti-corruption agencies DOV and CVC should also put the entire communications in these cases publicly on their websites and the hearings should be live-streamed for public to watch it openly. In fact, with their corrupt and destructive acts, DDA and RCS should change their names from Delhi Development Authority to “Delhi Destruction Authority” and Registrar Cooperative Societies to “Registrar of Corrupt Societies” respectively.

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Ineffective Pollution-Control Administration I also have written multiple letters to pollution control agencies and the National Green Tribunal (NGT) with the request to stop FAR construction and pollution. But they failed to act because these agencies exist as ineffective, toothless outfits. They keep sending letters from one department to another but fail to enforce the law. ​[ Exhibit 4 and Exhibit 5 ] As India is already experiencing a trust deficit in the global arena because of its weak environmental protection policies, the country’s position will further get damaged if the government allowed the polluted FAR extended construction activity to continue in India’s capital New Delhi. The government’s oblique permission to allow extended construction in the existing upmarket flats is not addressing any housing needs in the country where millions of people are still homeless. People who prefer clean environment suggest that the government should only focus on addressing the housing needs of homeless poor by building new low-cost houses for them. The affluent people should not be allowed to expand their swanky flats because such an expansion will be risky for people living in the buildings. With these facts, residents urge the Delhi Government and the Government of India to immediately issue clear instructions to stop FAR extended construction activity in group housing societies of Delhi. If the avoidable construction is carried out in the group housing complexes where people – men, women, and children – are already living, it will deprive them of their right to live in a clean, peaceful environment. With FAR policy, the Indian government is also abusing the right to life enshrined in Article 3 of the Universal Declaration of Human Rights ​adopted by the General Assembly of the United Nations. It states that ​"everyone has the right to life, liberty, and security of person."

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Thus, the Indian government including bureaucrats and politicians are causing serious

environmental damage which is harmful for the Indians as well as people in the entire planet. Therefore, the global community including the UN and the U.S. ​Department of State and the Office of Foreign Assets Control (​OFAC​) must impose strict economic, diplomatic, and trade ​sanctions on India. The Indian ministers, politicians, and top officials must be punished with travel bans on them and freezing of their assets, and they should be declared as environmental terrorists.

Effects of FAR Construction on Air Pollution The FAR construction is having a multiplier effect on air pollution which has already crossed the dangerous limits. Research ​reveals that dust and construction contribute about 45% to air pollution in India while dust and construction projects mostly happen in the urban areas. Although

construction

activities

in

the

residential areas cause water pollution, dust pollution, noise pollution, and soil pollution, this report focuses on the harmful effects of dust and noise pollution on humans.

Effects of Dust Pollution Construction increases the air pollution drastically in an area as the construction activities produce deadly smoke from diesel equipment, cement dust from demolition, and other polluted particles from the use of toxic substances. When construction is carried out for longer periods of time (months or years) in housing complexes where people are living, it takes its toll on human health as people start suffering from various diseases. The effect of

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construction-related pollution is more harmful on children and older people because of their weaker immune systems.

Effects of FAR Pollution on Different Age Groups Construction spreads PM​10 particulate matter which is 10 micrometers or less in diameter. In comparison, the diameter of a human hair is 100 micrometers. That means, roughly 10 PM​10 polluted particles can be placed on the width of a human hair. In other words, these particles are so small that these are easily inhalable and can penetrate deep into the lungs. The conventional dust particles which are bigger in size are trapped in the human nose or mouth and therefore they do not affect the lungs. The PM​10 particulate matter coming from construction also increases the lethality of gases such as carbon monoxide, carbon dioxide, and nitrogen oxide which pollute the air and contribute to climate change. Although construction sites tend to take precautions to stop the spread of PM​10 or smaller particles, they are so small that their harmful effects on human health cannot be avoided. The construction dust which includes cement particles mixes with the diesel smoke in the air to pollute the entire atmosphere. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 36 of 70


When people inhale this toxic mixture, they immediately get affected and suffer from numerous respiratory ailments and cancer in many cases. The ailments – such as asthma, bronchitis, airway inflammation, coughing, and wheezing – are caused by high levels of dust pollution.

Effects of Noise Pollution Apart from dust pollution, noise also is among the most pervasive pollutants today. Noise from road traffic, construction equipment, manufacturing processes, etc. is among the audible litter that are routinely released into the air. Construction sites produce abnormal amount of noise in which most people cannot live. As FAR construction is happening in occupied group housing societies, the noise pollution particularly affects children and senior citizens who stay at home. The disturbance from noise can be fatal for some senior citizens as many of them are under medical treatments that advise them to take proper rest at their homes. The resonating noise from construction in walled housing complexes can cause health hazards including sleep disorders, increase in blood pressure, mental stress, tinnitus, and hearing loss among people - including children - living in group housing societies. High noise levels throughout the day in buildings undergoing construction can cause cardiovascular diseases among residents living in those buildings. The situation gets worse for senior citizens when they are not able to bear the health care costs for the increased physical disorders from such pollution. According to the Federal Highway Administration (​FHWA​) of the U.S. Department of Transportation, construction noise adversely affects people’s quality of life. Noise pollution - which is forced on people in housing complexes - not only makes them sick, but it also changes their behaviour as they develop a sense of hatred toward the people or firms responsible for avoidable construction.

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Moreover, construction noise in a group housing society can drastically impede people’s need to communicate with others on telephones and even within a house. People will also find it difficult to hear important TV news and critical alerts on their mobile devices. The construction noise also disturbs students who have to study at their homes. Effects of Dust and Noise Pollution On Children

Diseases include irritation in eyes, skin rashes, coughing, sneezing, hayfever, asthma attacks, and amnesia. Lack of interest in studies.

On Young Adults

Respiratory diseases, headache, tiredness, irritation, lack of focus, low productivity.

On Senior Citizens

Ailments such as asthma, bronchitis, airway inflammation, coughing, and wheezing. Higher health care costs.

While the level of noise or the degree of loudness is measured in decibels (dB), zero decibels is the threshold level of hearing or the lowest sound level at which it is almost impossible to hear. A whisper at 20 dB is considered the lowest level of sound that can be heard by the human ear. Research reveals that 80 dB sound level - which is persisting in most parts of Delhi because of vehicular traffic and blaring horns - has already crossed admissible limits. As the FAR construction sound is further increasing the noise in residential areas, people are not able to bear the pain of noise pollution. According to the Noise Pollution Clearinghouse - a national non-profit ​organization in the U.S. - noise negatively affects human health and well-being. Problems related to noise include hearing loss, stress, high blood pressure, sleep loss, distraction and lost productivity, and a general reduction in the quality of life and opportunities for tranquility. The Noise Pollution (Regulation and Control) Rules, 2000 - as part of the Environment (Protection) Act - in India observed that the increasing ambient noise levels in public places from various sources such as industrial activity, construction activity, generator sets, and other mechanical devices have deleterious effects on human health and the psychological well being of the people.

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Therefore, the ​Rules find it necessary to regulate and control noise producing and

generating sources with the objective of maintaining the ambient air quality standards in respect of noise. A person may, if the noise level exceeds the ambient noise ​standards by 10 dBA or more given in the corresponding ​columns against any area / zone, make a complaint to the authority. The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.

Different Forms of FAR Pollution A-weighted decibels, or dBA, are an expression of the relative loudness of sounds in air as perceived by the human ear. The noise from the mechanical equipment and construction hammering in a walled resonating housing society building during FAR construction will certainly cross the 10 dBA limit specified in the Noise Pollution (Regulation and Control) Rules. Therefore, FAR construction should never be allowed in the first place instead of asking people to complain about it when they feel disturbed with construction noise.

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Effects of Construction on the Economy According to a recent report published by the World Economic Forum, the UN Department of Economic and Social Affairs (UN DESA) predicts that future increases in the world’s urban population will be concentrated in just a few countries.

While construction activity is continuing in localities where people live, its pollution is causing deaths and serious, incurable diseases to the people of Delhi. The report reveals that India, China, and Nigeria are together expected to account for 35% of the projected growth in the world’s urban population until 2050. Of these three countries, the absolute growth in urban population is projected to be the highest in India. The ​report says that the environmental footprint of the Indian real estate industry is mounting. Buildings in India account for 40% energy use, 30% raw material use, 20% water use, and 20% land use; they also generate 30% of solid waste and 20% of water effluents. Thus, the real estate or construction sector is responsible for 24% of India’s annual CO2 emissions, contributing to global warming and poor air quality. It is therefore critical that India adopts a holistic and sustainable approach to real estate development, the report suggests. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 40 of 70


But the Indian government will not be able to work on this suggestion. Today, it is a known fact that most politicians in India are illiterate and bureaucrats have no knowledge about any modern subject that is required to provide a smooth governance to the citizens. This fact is reflected in the worsening Human Development Index (​HDI​) of India. Published by the United Nations Development Programme, HDI indicates the level of skills

in a country and lets you know if people in that country are able to perform their duties effectively. Unfortunately, India falls at No. 130 in the global list of countries ranked on the basis of their HDI. Obviously, unskilled Indian government officials will fail to follow sustainable approach to real estate development which could protect the environment.

Dreadful Facts About Pollution 1. A new IQAir AirVisual ​report​, which covered 3,000 cities of the world, has revealed that Gurugram (a.k.a. Gurgaon) a suburb of the Indian capital New Delhi is the most polluted city of the world while 22 of the top 30 polluted cities are in India. 2. Delhi remains the most polluted ​capital across the world in 2018, as per a study conducted by the environment-protection organization Greenpeace. The air quality in the national capital region has been constantly deteriorating. 3. An interactive tool on the Breathe Life 2030 ​website shows a Particulate Matter (PM) 2.5 level of 143 micrograms per cubic metre (annual mean) in India’s capital New Delhi. This is more than 14 times over the WHO (World Health Organization) safe level of 10 µg/m​3​. This is an extremely dangerous pollution level and the FAR construction is adding more pollution to the city’s air. Simply put, the people of Delhi are inhaling poison from the air. 4. ​Bureaucratic and political ​corruption is the main reason for lethal pollution in Delhi. While the corrupt authorities in Delhi are not taking any steps to tackle pollution, the distressed citizens have no other option but to leave the city. 5. ​It is now being observed that many people are ​running away from Delhi like refugees or Internally Displaced Persons (IDPs). As a result, India is falling in the category of countries with large IDP populations – such as Syria, Colombia, Iraq, Congo, Sudan, Nigeria, and Somalia. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 41 of 70


6. ​Delhi Government, the Indian Government, and the pollution-control ​agencies are not taking proper steps to control pollution because most politicians and bureaucrats in India are corrupt, uneducated, and careless. 7. As pollution in Delhi has reached alarming levels, according to University of Chicago research​, the lifespan of Delhi-dwellers is shortened by more than ten years. 8. According to the findings of a new ​study released in 2018, nearly 15,000 people died prematurely in Delhi during 2016 from illnesses linked to PM 2.5 pollution. In other words, pollution is killing nearly 42 people everyday in Delhi. 9. ​The residents of Delhi are now facing an immediate threat from lethal dust and noise pollution as cooperative group housing societies (​CGHS​) are carrying out FAR extended construction in the occupied housing complexes where millions of people – men, women, children, and senior citizens – are already living. 10. The extreme pollution in Delhi is being compared to the poisonous gas chambers used by Nazi Germany during the Holocaust for the genocide of millions of European Jews. 11. As pollution in Delhi / India is harmful to millions of Indians as well as people in other parts of the world with its impact on global warming and ​climate change​, its lethal effect is equivalent to weapons of mass destruction. 12. ​After the Sikh ​massacre of 1984 and Gujarat ​riots of 2002 in India, the FAR construction with pollution is probably the cruelest pogrom organized by the Indian government for the genocide of innocent Delhi residents.

Open Letter to Arvind Kejriwal to Stop Corruption in Delhi Corruption is so rampant in every government department of Delhi that it is almost impossible to get even the genuine work done without bribing the government officials. While chaotic conditions have been persisting in Delhi, through my recent letter I urged Delhi chief minister Arvind Kejriwal to stop FAR construction and corruption in the city. I know that Kejriwal is an incompetent politician who will not be able to do anything for the

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people of Delhi. However, I wrote the following letter to him with the objective to expose his and his ministers’ incompetence. To Mr. Arvind Kejriwal Chief Minister Delhi May 28, 2019 Dear Mr. Kejriwal, Although you repeatedly claim in your speeches that there is no corruption in Delhi, the fact is that corruption is spreading like a pandemic disease at every step in Delhi. Along with my other anti-corruption activities, I run a community service “​Clean House​” to report about corruption cases in Delhi’s cooperative group housing societies (CGHS) where millions of people live. People tell me that corruption is so rampant in every government department that it is almost impossible to get even the genuine work done without bribing the government officials. And particularly the office of the Registrar Cooperative Societies (​RCS​) is running an organized corruption racket in connivance with the corrupt managing committee (MC) members of housing societies. Now, Delhi Fire Service (​DFS​) and the Delhi Development Authority (DDA) have also become part of the crime as they are allowing floor area ratio (​FAR​) construction which is spreading lethal dust and noise ​pollution in housing societies. The total corruption money involved in FAR construction is estimated to be thousands of crores of rupees. You usually say that you have no control over ​DDA​. But why can’t you stop massive corruption at RCS office – which I have learnt uses external agents to accept bribes from MC members of societies and others to allow corruption? The RCS officials deliberately delay and scuttle corruption i​ nquiries​ of corrupt housing societies. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 43 of 70


The corruption at RCS office has become a lucrative business for top government officers who are appointed for short periods of time for making quick money and then replaced with new officers to evade accountability.

Arvind Kejriwal, Chief Minister, Delhi You are well aware of extreme corruption at RCS office as a former Registrar J.B. Singh and his predecessor Shurbir Singh have been the ​target of a Delhi Assembly Committee probe for an alleged Rs. 100-crore scam in Delhi Nagrik Sehkari Bank. But the case was hushed up. Most people know that the RCS office has a long history of corruption and reportedly many of its officers have been caught and jailed even by the Central Bureau of Investigation (​CBI​) in corruption cases. Now, in response to my comprehensive complaints, the Directorate of Vigilance, the Delhi Government has directed the Chief Vigilance Officer of DDA and Secretary (Cooperation), Cooperative Societies Department of Delhi Government respectively to hold inquiries against Udai Pratap Singh (IAS, Retd.), former Vice Chairman, DDA; J.B. Singh (IAS, Retd.), former Registrar RCS; and Jayadev Sarangi (IAS, Retd.), former Registrar RCS. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 44 of 70


As your government is not willing to stop corruption, I am doing your work and trying to expose corruption in Delhi. Mr. Kejriwal, if you, your cooperative minister, and other colleagues are not able to stop corruption at RCS office, it shows your complicity in the criminal act. You can’t always crib that you are not being allowed to work by some imaginary external forces. If you really want to stop corruption at RCS office and you are not being heard by the bureaucrats, you should go and sit on a dharna in front of the RCS office. I will accompany you. In order to understand the extent of corruption in Delhi, you should go through the ​report that I have prepared to reveal extreme corruption in FAR projects of cooperative group housing societies (CGHS). You can study it and instruct RCS officials to immediately stop FAR construction in all housing societies of Delhi. The corrupt RCS officials will object to your instruction by saying that they can’t stop construction because it comes under DDA. You can assert that since it’s a CGHS issue, RCS office must stop construction. Don’t behave like a helpless soul in front of these corrupt bureaucrats. Please DO NOT simply forward this email to your colleagues and I urge you to take an instant action (today itself) at your own desk by taking punitive action against RCS officials. As it should be a transparent action, you should release a press note on the action that you are taking. Please don’t feel scared. This will be a good first step for you after nearly 5 years of your beleaguered government to actually weed out corruption from Delhi. If you think so, I can help you remove corruption from the RCS office by making a stepwise plan. Then you can emulate this model to stop corruption at other government offices. Hope you understand, because time is quickly running out for you and your government. From Rakesh Raman​, who is a national award-winning journalist and social activist. He is the founder of a humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 45 of 70


After receiving the above letter, Kejriwal’s office did exactly what I asked him not to do. The

letter was forwarded to a random department and Kejriwal failed again to address public complaints about FAR construction and corruption in Delhi.

People of Delhi supporting the signature campaign to stop FAR extended construction and pollution. Campaign and Photo by Rakesh Raman Extended Construction Means Extended Corruption But why is the Indian / Delhi Government watching quietly when millions of people in Delhi are facing a silent death? Answer: Corruption. The sudden surge in extended construction activity – which also includes redevelopment of housing complexes – is being driven by a criminal nexus between builders and corrupt Indian bureaucrats as well as politicians. As the MCs of housing societies – which are governed by the Registrar Cooperative Societies (​RCS​) of the Delhi Government – are also mostly corrupt, they are forcing the residents to accept extended construction. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 46 of 70


Estimates suggest that the extended construction and building redevelopment projects in

Delhi’s Dwarka – which is said to be the largest residential suburb in Asia - alone are worth more than $2 billion (Rs. 14,000 crore approximately). The value of such projects in the city of Delhi is estimated to be around $10 billion while the construction activity will run for at least five more years – until 2024. The builders and MCs of housing societies need various government permissions before starting the extended construction activity. They usually bribe the government officials - particularly in DDA - to get clearances illegally and start construction. The corrupt DDA officials are ignoring the court orders and other laws as they are hell-bent to allow FAR construction because it gives them a huge opportunity for corruption. They have gone so berserk that they have made a mockery of even the RTI (Right to Information) which is an Act of the Parliament of India. Under this Act, any citizen of India can seek information from a government department which is required to reply within 30 days. In my RTI application, I had asked for the list of those occupied cooperative group housing societies for which FAR (floor area ratio) extension proposals have been received, approved, and rejected by the DDA during the years 2016 and 2017. But DDA did not give me the information that I had asked through RTI application. ​[ Exhibit 6 ] After many months, DDA informed me through a letter dated May 18, 2018 that it does not have any such list in its record. How can it be possible that DDA has not kept the record of proposals that have been submitted to it? It shows the crude and dishonest way in which DDA works. Since DDA was not willing to stop FAR construction despite its lethality, I approached the Central Vigilance Commission (CVC) – which is supposed to check corruption in government departments – with the request to investigate the role of concerned DDA officials in FAR projects. The CVC has directed DDA to hold an inquiry, but I have not been informed about the progress of the inquiry. FAR construction in occupied group housing societies is a big racket supported by DDA while in an ongoing case the Delhi High Court has stopped FAR construction. Unfortunately, Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 47 of 70


DDA is not responding positively to my repeated complaints and allowing FAR construction and pollution to happen in occupied group housing societies because there is a big opportunity for corruption.

As corruption is increasing in DDA, reports ​suggest that DDA has planned to fix responsibility on its officials in cases of illegal construction activities and violation of the master plan and building bye-laws in Delhi. In this regard, recently DDA placed an action plan before the Supreme Court of India. Attorney General K. K. Venugopal, who appeared for DDA, told the bench that rampant corruption is happening in DDA and stringent measures need to be taken to stop this corruption. In its action plan, DDA has stated that it intends to check

all

ongoing

and

future

unauthorized

constructions in the city under the supervision of a Special Task Force (​STF​) which has been constituted following an apex court order. But STF is also a dormant outfit which fails to help people. Moreover, with an emphasis on preventive vigilance, the Central Vigilance Commission (CVC) is developing an ​Integrity Index for critical organizations. Initially, 25 organizations have been selected for the development of the Index. Obviously, because of its corruption, DDA is among these organizations. A huge part of the corruption money goes to Indian bureaucrats and politicians who are allowing this illegal activity to happen while depriving citizens of their right to pollution-free living guaranteed under Article 21 of the Constitution of India. As most politicians in India are corrupt and history-sheeters with serious criminal records, they use the corruption money to win elections by bribing the voters and tampering with electronic voting machines (​EVMs​). They also use corruption money for horse trading of legislators during elections.

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Broken Global Commitment for Environment Protection With an utter disregard to the environment protection needs, the Government of India is breaking its own commitment to the global community. The Union Cabinet of India chaired by Prime Minister (​PM​) Narendra Modi had given its approval to ratify the Paris Agreement (on Climate Change) on 2nd October 2016, the day of Gandhi Jayanti. But unfortunately bureaucrats – who are allowing FAR-based pollution – do not understand the effect of pollution on climate change. They do not understand that the main cause of global warming or the human-led climate change is environmental pollution which contaminates the atmosphere with pollutants such as chemicals and energies.

Children affected by dust and air pollution at the RMN Foundation free school for deserving children in Delhi. Campaign and Photo by Rakesh Raman Apart from vehicular pollution, there are damaging thermal effects of dust on climate. Research reveals that dust-related atmospheric aerosol pollution has a hazardous effect on climate. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 49 of 70


What Is Climate Change? Climate change refers to the change in the distribution of weather patterns over a period of time – usually measured over decades to thousands of years. Climate change is caused by natural factors as well as human activities. Natural factors such as variations in solar radiation received by Earth, plate tectonics, and volcanic eruptions contribute to the change in global weather conditions. The human activities that cause climate change are referred to as ‘global warming’. In the modern environment science, the term ‘global warming’ is interchangeably used with climate change. The main cause of global warming or the human-led climate change is environmental pollution which contaminates the atmosphere with pollutants such as chemicals and energies. Pollution, therefore, has become a major factor that is causing ‘global warming’ or climate change. As compared to the perils of environmental pollution that affect human health, the climate change brings mass destruction with floods, droughts, hurricanes, tornadoes, volcanic eruptions, earthquakes, and tsunamis. Climate change, which is an emerging subject in the global debate on environment, has assumed greater significance after 2016 Paris Agreement on Climate Change or Paris Climate Agreement. It is an agreement within the United Nations Framework Convention on Climate Change (UNFCCC) that aims to deal with greenhouse gas emissions mitigation and overall environment protection, starting in the year 2020. Despite the harmful effects of FAR construction and pollution, the local politicians will not

stop it because most voters are in favor of FAR. The politicians are not concerned about the health of citizens, and their decisions are based on mere political calculations. They also do not understand the effect of this pollution-laden activity on India’s image in the world.

Advice to Residents Opposing FAR Policy If you want to stop FAR, you should avoid going to courts because Indian ​courts​, lawyers, and judges work in a dubious, uncertain manner. You should preferably join hands with each other to put collective public pressure on the government to rescind FAR policy.

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Still if you think court is the only option in your case, you should work hard to study all aspects of FAR construction in your society. Then your documentation including correspondence with various government departments should be complete. As most lawyers in India are unskilled and dishonest, lawyer selection will be another problem for you. Lawyers will take hefty money from you in advance, but they will not be effective at all if you do not fully understand your own case and inform the lawyer about it. You will be surprised to know that most lawyers cannot even write ​petitions properly in English language and they cannot speak effortlessly in front of a judge.

People are participating enthusiastically in the signature campaign to stop construction-related dust and noise pollution in New Delhi. Campaign and Photo by Rakesh Raman As most lawyers work in an irresponsible, free-wheeling manner, there is no accountability for them. You will lose your court case, and you will not be able to complain about it. At that stage, all the doors will be closed for you and FAR construction will happen in your society.

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In order to avoid such a fateful situation, you should unite and explore all administrative channels for getting relief. Later, if you are able to find a good lawyer, you should make a clear roadmap for your case

including all the documents and applicable statutes. And in order to inflict maximum damage on the MCs and members who support FAR, you should file your case in the court when the construction has begun. Remember, you should always make your case in such a way that the corrupt MC members and government officials are arrested and imprisoned. You can study some similar cases which are given below for your reference: CASE 1 (CBI)​: Five to seven years rigorous imprisonment with fine ranging from Rs. 2 lakh to Rs. 11 lakh to five accused including official of RCS for the irregularities relating to cooperative group housing society (CGHS) case. ​Click here for details​. CASE 2 (CBI)​: A special CBI court sentenced five persons including RCS official to undergo five years imprisonment and imposed fines under various Sections of IPC and PC Act. C ​ lick here for details​. CASE 3 (CBI)​: An IAS officer and five retired government servants have been sentenced to one year imprisonment by a Delhi court in one of the corruption cases of cooperative group housing society (CGHS) scam which CBI started probing. ​Click here for details​. CASE 4 (Court and Anti Corruption Bureau)​: Ex-DDA Assistant Director jailed for 3 years in corruption case as the court framed charge for offence punishable under sections of Prevention of Corruption Act. ​Click here for details​. CASE 5 (CBI and Court)​: Two DDA employees get four years in jail for demanding bribe. A Delhi court has awarded four years’ imprisonment to two employees of the Delhi Development Authority (DDA) for demanding a bribe of ₹6,000 per month. Click here for details​. All bureaucrats and politicians are public servants - which means your servants. Do not allow them to behave as your masters. Complain against them without any hesitation. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 52 of 70


While FAR construction is illegal, the members who pay money to their MC will be participating in MC’s fraud, and those members will also face prosecution and possible imprisonment for abetment to crime. Under the Indian Penal Code (IPC) Section 107, ​“a person becomes liable as an abettor if he/she instigates another to commit a crime, or engages in a conspiracy with another to commit a crime and some act is done in furtherance of such conspiracy or if he/she intentionally aids another in order to facilitate the commission of a crime.” Therefore, the members / residents are advised that they should not become abettors by giving any money to their MC for FAR construction or related repairs because it is an illegal scheme. Also, the members / residents who have already given money to their MC for FAR construction or such repairs should take their money back. When the FAR construction will be stopped before completion as it is happening under court order, the members who pay for FAR will lose their money and they will also have to pay for demolition of the illegal construction, besides other legal penalties. Under partial construction, the buildings will have an ugly appearance and they will become disputed properties. Then it will be extremely difficult for flat owners to sell their flats. Even tenants will not be interested to live in ruined buildings. But if you want to prove that the MC is breaking the DDA-specified conditions, you can prove it only when the construction has begun. So, you should file your court case to stop FAR construction ideally after a few months of FAR construction in your society. Although at that stage your society building will be in a totally dilapidated condition and become a disputed property, it will inflict maximum damage on the MC members and others who supported and paid for FAR construction. Remember, when you file a court case to stop FAR construction, always make the case against the society MC members by name because they are the criminals who are Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 53 of 70


misleading other members to support FAR construction which is harmful to men, women, and children living in the building.

Appeal for Donations RMN Foundation is a humanitarian organization that was formed in May 2015 as an educational and public charitable Trust for the benefit of humanity at large. It is registered with the Government of National Capital Territory of Delhi at New Delhi, India. Currently, all the activities of RMN Foundation are being managed single-handedly (without any support) by RMN Foundation founder Rakesh Raman who had left his job a few years ago to run this charity. As RMN Foundation has embarked upon some major humanitarian projects during the past over 3 years, now it needs a significant amount of funds in the form of donations​ to expand the scope of its activities. DONATION DETAILS Individual Indian donors can help RMN Foundation with their contributions using the following bank details: Bank Name: ICICI Bank Bank Branch: HL Square, Plot No. 6, Sector 5 (MLU), Dwarka, New Delhi 110 075 Account Number: 025005004368 Account Name: RMN Foundation Type of Account: Current IFSC Code: ICIC0000250 Or you can ​click here​ to donate with PayPal, credit card, or bank account.

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10 Steps to Stop FAR Construction and Pollution The entire FAR-based construction activity is a big fraud in which law-breaking MCs are operating in connivance with deep-pocketed builders and corrupt government officials. If you want to stop the planned or ongoing FAR extended construction in your housing society, you can begin with the following 10 steps. 1. Write a Dissent Letter If you have not yet written, write a simple letter to your MC President / Secretary that you do not want FAR extension. You do not need multiple signatures from different flat owners on your letter. Even a single flat owner with their family members can sign the letter to express their opposition to FAR extension. If your MC is trying to suppress your voice, you can file a case in the RCS office to get your MC dissolved and a government administrator appointed in your society. 2. Quote Fire Safety Norms You must know that most cooperative group housing society buildings are not supposed to have extended construction as they do not satisfy fire safety requirements. If any existing group housing society does not have sufficient staircase width, it should not get fire safety clearance. The width of the staircase should be 1.35 meters in a block / tower that has a single staircase. If the width of the staircase is less than 1.35 meters in any such housing society, FAR construction cannot be carried out because it will violate the Unified Building Bye Laws (UBBL). And if the society tried to extend the apartments in a block horizontally by adding more rooms, balconies, etc. in a flat, it will be left with no space to have the prescribed staircase(s). That means, it cannot carry out Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 55 of 70


extended construction under the vague FAR rules because in that case it will compromise on the fire safety of the people living in the building.

If some MC members plan to start extended construction without fulfilling the staircase requirement, you can assume that they have bribed the officials to get clearance – which is a crime. You must state these facts in your correspondence with your MC and other government departments. 3. State Harmful Effects of Pollution You should also state in your letters that the cement dust from the construction activity can be lethal particularly for children and senior citizens. If they are forced to live in a construction environment for a longer period of time – months or years like in the case of FAR-based construction – they will face an increased risk of laryngeal cancer and predominantly related to supraglottic cancer, chest pain, cough, and eye problems. 4. Protect Your Human Rights You must know that the government decision of extended construction will deprive you of your fundamental human right to live in a pollution-free environment guaranteed in the Constitution of India by way of Article 21. You must protect your rights. Any notification related to FAR rules cannot contravene the provisions of the Constitution. So, if you do not want, extended construction cannot happen around you. 5. Deliver the Letter As most MCs do not easily accept and acknowledge letters, send your letter by Speed Post to the MC. Also, send a copy of your letter to the office of Lt. Governor of Delhi (who is also the chairman of the Delhi Development Authority, DDA) and the Registrar Cooperative Societies (RCS) of the Delhi Government. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 56 of 70


6. Do Not Sign No-Objection Certificate As many MCs are controlled by criminals, they are forcing the residents who oppose extended construction to sign no-objection certificates (NOCs) because according to

government ​rules if even a single flat owner disagrees, the proposal for extended construction would have to be shelved. So, MCs need 100% consent from all members / residents before starting the construction activity in a particular group housing society. You should never sign any such NOC. Obviously, if you have an objection, you must not sign a no-objection document. 7. Ignore the Majority Argument In many cases, the MCs say that they can go ahead with construction because the majority of the members support them. But this type of pollution-laden construction is an illegal activity that puts to risk the lives of people living in the society. Even if the majority of the members in a group housing society agree for extended construction, their decision cannot be accepted because it will endanger the health and lives of others. If even one member of the society feels that the extended construction can harm his / her health and life, the society cannot carry out extended construction. 8. Report Criminal Intimidation to the Police Many criminal MC members are threatening the residents so that they should accept extended construction. But you should not feel threatened. If you receive any direct or indirect, written or verbal threat, immediately report to the police in your local police station. Or you can directly write to the Police Commissioner of Delhi. 9. Stay United Believe in the maxim: Union is strength. You will find that many around you are too scared to oppose the MC members because they behave like hardened criminals. You should try

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to convince your scared friends that it is our responsibility to raise our voice against injustice. You must form small groups of people in your society who oppose FAR. With individual strengths, these groups should work as an organization to stop FAR construction. And

slowly these local groups should join hands with similar groups in other housing societies to build a public movement to stop FAR construction and pollution. 10. Spread the Word In order to invite others to join your environment-protection movement, you must use all the communication platforms including social media channels, emails, and mobile groups to inform others that you have pledged to stop extended construction and pollution in your society. You should hold demonstrations and open protests against FAR in your locality. Do not depend on lawyers and ​courts that mostly work in an unpredictable manner. The public pressure will force the government to change FAR policy and stop FAR construction in occupied housing societies.

Killing Effects of Pollution

Air pollution directly causes 15,000 premature deaths in ​Delhi​ every year.

The Associated Chambers of Commerce and Industry of India (Assocham) released an environment ​survey revealing that 5-10% of the national capital’s workforce was sick due to respiratory problems - which is damaging the Indian economy.

Assocham also said air pollution is preventing workers from doing their jobs efficiently, which is affecting industrial productivity in India.

While increasing pollution will adversely ​impact the tourism industry, most investors will be reluctant to invest in India.

According to the World Bank, air ​pollution and other environmental degradation cost India $80 billion per year, about 5.7% of the country's GDP.

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Hundreds of thousands of people - particularly ​farmers - in India are always under the threat of environmental hazards such as floods and droughts caused by climate change.

There are interlinkages between greenhouse gases, climate change and ​air quality​. Many air pollutants that are harmful to human health and ecosystems also contribute to climate change.

Atmospheric / construction ​dust​ causes a whopping 45% of pollution.

Apart from vehicular pollution, there are damaging thermal ​effects of dust on climate. Research reveals that dust-related atmospheric aerosol pollution has a hazardous effect on climate.

Environmental Asylum for Delhi Refugees As bureaucrats as well as politicians in India are clueless and careless, they are not expected to save the people of Delhi from poisonous air pollution. While mass ​exodus is soon expected from Delhi because of pollution in and around housing complexes, the international agencies must act to save Delhi residents’ lives. The Office of the United Nations High Commissioner for Refugees (​UNHCR​) - or the UN Refugee Agency - should create a special category for Delhi residents who want to leave their homes because of pollution and seek asylum and find safe refuge in clean environments. People who are running away from polluted Delhi should be given the status of refugees or Internally Displaced Persons (IDPs). This type of help is within the scope of the activities of UNHCR which is a global organization dedicated to saving lives, protecting rights, and building a better future for refugees, forcibly displaced communities and stateless people. Similarly, the developed countries must accept suffering Delhi residents as refugees and grant them environmental asylum through fast-track processes. For example, the U.S. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 59 of 70


Citizenship and Immigration Services (​USCIS​) and Canada’s refugee system under the Refugee and Humanitarian Resettlement Program should amend their ​rules to quickly clear the applications of asylum-seekers who want to flee from polluted Delhi. Moreover, the UN Environment Programme (​UNEP​) asserts that clean air is a human right. If the irresponsible Indian governments are failing to provide clean, pollution-free environment to Delhi residents, the Office of the United Nations High Commissioner for Human Rights (​OHCHR​) must intervene to save the lives and human rights of millions of people in Delhi.

Join the Green Group of Delhi Launched by RMN Foundation, the major activities of the Green Group of Delhi are around environment protection to save the environment from air pollution, dust pollution, noise pollution, water pollution, etc. in order to minimize the effect of pollution on climate change. This is a non-political, non-partisan ​Group​. It holds mass awareness campaigns, environment protection education programs, intellectual discussions, and so on. It also coordinates with the government and law-enforcement agencies in Delhi to create a healthy living environment for the people. You are invited to join the Green Group of Delhi as a ​member by filling in a simple online form. You can also d ​ onate​ to support the activities of the Group. You can ​click here to download a form to participate in the signature campaign that RMN Foundation has launched for environment protection in Delhi. After getting it signed from your family members and friends, you can send it to: Rakesh Raman, Founder, RMN Foundation 463, DPS Apts., Plot No. 16, Sector 4 Dwarka, Phase I, New Delhi 110 078, INDIA

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Children – who study at the RMN Foundation free school – and founder Rakesh Raman have launched a new pollution-control campaign in Delhi.

Recommendations

In order to control the damage done by FAR construction and to prevent the future hazards, the Delhi Government and the Government of India must do the following: ●

Announce publicly that extended construction under the FAR rules is not permitted in occupied cooperative group housing societies of Delhi.

Demolish the FAR extended construction already done in the housing societies. The individual MC members must be asked to pay the demolition costs with penalties.

File criminal cases against the housing societies’ MC members who have been pursuing FAR construction projects because this construction is spreading pollution, damaging the environment, and putting many people’s lives to risk.

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Suspend the government officials at DDA, DFS, and DUAC who have been giving clearances for FAR projects and initiate official inquiries against them.

Suspend the RCS officials who have failed to regulate the cooperative group housing societies despite numerous complaints from the members and start official inquiries against them.

Direct Delhi Police to quickly act on pollution-related complaints in occupied group housing complexes, as pollution is a law & order problem which needs immediate police intervention to save the citizens.

Provide comprehensive training to all the officials in government departments responsible for environment protection so that they could handle evolving environmental issues.

Declare health emergency in polluted Delhi and stop all activities that spread any form of pollution in the city.

Objectives of the Report ●

To sensitize the residents of Delhi about the harmful effects of FAR construction and the need for environment protection.

To encourage residents to form civil society action groups who could collectively raise their voice against FAR construction and other future government-led hazards in Delhi.

To hold citywide awareness programs about the perils of FAR construction and pollution.

To educate local bureaucrats, politicians, and lawmakers about the importance of environment protection in good governance.

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By Rakesh Raman​, who is a national award-winning journalist and social activist. He is the founder of the humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society. He also creates and publishes a number of​ digital publications​ on different subjects.

About Rakesh Raman Rakesh Raman is a national award-winning journalist and social activist. Besides working at senior editorial positions with leading media companies, he was writing an exclusive edit-page column regularly for The Financial Express (a daily business newspaper of The Indian Express Group). Nowadays, for the past about 8 years, he has been running his own global news services on different subjects. He also has formed a free Education and Career Counselling Center for deserving children at a poor J.J. Colony in Dwarka, New Delhi under his ​NGO – RMN Foundation. He runs an exclusive community-driven anti-corruption social service “​Clean House​” to help the suffering residents of Delhi raise their voice against the growing corruption and injustice. He also has formed an environment-protection group called Green Group in Delhi. He publishes ​Clean Climate environment news ​magazine that covers local and international environment news and issues to engage with different stakeholders who are trying to protect the environment. He creates and distributes a number of ​digital publications that cover areas such as technology, law, environment, education, politics, corruption and transparency. He created a comprehensive online information ​service to educate the Indian voters for the 2019 Lok Sabha election. Earlier, he had been associated with the United Nations (UN) through United Nations Industrial Development Organization (UNIDO) as a digital media expert to help businesses use technology for brand marketing and business development. Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 63 of 70


Contact

Rakesh Raman Founder RMN Foundation 463, DPS Apts., Plot No. 16, Sector 4, Dwarka, Phase I New Delhi 110 078, INDIA Contact by email

Exhibits are given below from the next page.

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Exhibit 1​: The Directorate of Vigilance, Delhi Government directed the Chief Vigilance Officer of Delhi Development Authority (DDA) to hold inquiries against Mr. Udai Pratap Singh (IAS, Retd.), former Vice Chairman, DDA, Mr. J.B. Singh (IAS, Retd.), former Registrar RCS, and Mr. Jayadev Sarangi (IAS, Retd.), former Registrar RCS.

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Exhibit 2​: The Directorate of Vigilance, Delhi Government directed the Secretary (Cooperation), Cooperative Societies Department of the Delhi Government to hold inquiries against Mr. Udai Pratap Singh (IAS, Retd.), former Vice Chairman, DDA, Mr. J.B. Singh (IAS, Retd.), former Registrar RCS, and Mr. Jayadev Sarangi (IAS, Retd.), former Registrar RCS.

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Exhibit 3​. DDA letter informing me that it is ready to hold inquiry into the corruption of its officials in FAR projects under CVC’s directions.

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Exhibit 4​: Letter from Central Pollution Control Board to the Delhi Pollution Control Committee about FAR pollution in Delhi.

Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 68 of 70


Exhibit 5​: Letter from Delhi Pollution Control Committee to Vice Chairman DDA about FAR construction and pollution in Delhi. Vice Chairman DDA simply ignored it.

Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 69 of 70


Exhibit 6​: DDA responds to RTI saying that DDA has not kept the record of FAR proposals that have been submitted to it. It is a clear case of dereliction of duty by DDA officials.

Lethal Gas Chambers of India. Research Report on Pollution in India’s Capital New Delhi. By Rakesh Raman. Page: 70 of 70


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