Delhi Development Authority Issues Notification for Property Regularisation in Unauthorised Colonies
In a significant move aimed at addressing urban governance challenges, the Delhi Development Authority (DDA) has issued a gazette notification listing 1,511 colonies where plot owners can apply for the regularisation of their properties. This list is part of a broader initiative targeting 1,731 identified unauthorised colonies across the national capital, marking a pivotal step towards formalising property rights for thousands of residents.
Colonies Included and Excluded from the Regularisation Scheme
The notification, which was approved on April 8 and uploaded on the DDA website, encompasses a diverse range of colonies. Notable examples include Prem Nagar, Noor Nagar, Kotla Vihar, Harijan Basti in Masoodpur, Hari Enclave and Balbir Nagar in Kirari Suleman Nagar, Vashu Vihar in Holambi Kalan, and the Aruna Asaf Ali Road stretch parallel to village Kishan Garh, among many others. However, the DDA has explicitly stated that ownership rights will not be granted to 69 unauthorised colonies classified as "affluent." Additionally, properties located in reserved or notified forests, areas protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and Zone-O, which encompasses the Yamuna floodplain, are also excluded from the regularisation process.
Amendments to Regulations for Mixed-Use Properties
In a separate gazette notification, the DDA has detailed amendments to the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019. These amendments are specifically designed to facilitate the regularisation of plots that house convenience shops or similar mixed-use scenarios. A DDA official emphasised the socio-economic considerations behind this move, stating, "We recognise that many residents of unauthorised colonies belong to lower-income groups and run small convenience stores for a livelihood. Therefore, such mixed-use properties will not be penalised, though certain conditions must be met."
According to the revised rules, plots with access from roads having a minimum right of way of six metres may accommodate a convenience shop with a built-up area of up to 20 square metres. For roads with a width of less than six metres, the permissible built-up area for such shops is limited to 10 square metres. This nuanced approach aims to balance regulatory compliance with the practical needs of residents.
Empowerment of MCD and Regularisation Procedures
The amendments also empower the Municipal Corporation of Delhi (MCD) to issue certificates of regularisation. The notification clarifies, "Upon receiving complete applications from residents of listed unauthorised colonies, MCD or other local bodies will issue a certificate of regularisation. The absence of an approved or notified layout plan will not prevent plots from being considered for regularisation." It further stipulates that structures must have direct access to a street without any obstruction to qualify.
Conditions for Road Widths and Land Surrender
Specific conditions have been outlined regarding road widths and land surrender. If the internal road width is less than six metres, property owners on both sides are required to surrender equal land to compensate for the width deficiency. Similarly, for external approach roads, which should ideally be nine metres in width, the same condition applies. These requirements will come into effect when owners undertake reconstruction activities on their properties.
Floor Area Ratio (FAR) Provisions and Penalties
The notification also addresses floor area ratio (FAR) considerations. In cases where the permissible FAR for a plot is, for instance, 350, and the property owner must surrender 20% of the plot area due to narrow road conditions, they are allowed to build vertically to the maximum FAR permitted for the original plot size. The notification explains, "While the permissible floor area ratio (FAR) for plots in unauthorised colonies will be calculated on the basis of the original plot area, it may be utilised on the reduced plot area after land surrender." An official elaborated, "This effectively allows owners to go for vertical expansion based on the earlier plot size."
However, where plots exceed the permitted FAR under the Master Plan for Delhi, penal FAR charges at three times the normal additional FAR charges will be applied, as notified by the DDA. The amended norms further mandate compliance with the Unified Building Bye-Laws, 2016, during any reconstruction or redevelopment efforts.
Preparation of Layout Plans and Infrastructure Upgrades
Layout plans for each unauthorised colony will be prepared by an inter-agency cell comprising representatives from the MCD, DDA, Government of NCT Delhi, and other relevant agencies. These plans will utilise satellite imagery to accurately mark road widths and access routes. While these layout plans will serve as a guiding framework for future redevelopment, they will not be mandatory for the approval of building plans for existing structures.
The notification assures that delays or the non-preparation of layout plans will not obstruct the regularisation process. It also emphasises that the MCD and other agencies must take proactive steps to provide and upgrade essential infrastructure and basic amenities in colonies that are regularised under these regulations, ensuring improved living conditions for residents.
