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Shri Hardeep S Puri announces the steps being taken to resolve residual difficulties faced in implementation of land pooling scheme in Delhi, and removing bottlenecks in Development & Control norms for unauthorized colonies

Mar 08,2022

Union Minister of Housing and Urban affairs Shri Hardeep S Puri, in a press conference, today apprised the steps being taken to resolve residual difficulties faced in implementation of land pooling scheme in Delhi, removing bottlenecks in Development & Control norms for unauthorized colonies. He said that these are being done after extensive stakeholder consultations.

The Minister said that more than 400,000 registrations have been completed by DDA under PM-UDAY. 12,009 Conveyance Deeds & Authorisation Slips have been issued. Land Pooling Scheme will benefit another 75 lakh people. Shri Puri said that ‘Jahan Jhuggi Wahan Makan' Scheme for in-situ slum rehabilitation will benefit more than 50 lakh people by offering pucca homes to those living in informal settlements in Delhi. 3 projects in Kalkaji, Jailorwala Bagh & Kathputli colony comprising 8,000 houses is already in progress.

The Land Pooling Policy for Delhi was notified in 2018, and under the said policy / regulations, entire Notified Land Pooling area is divided in 129 Sectors. Each Sector is about 100-200 Ha. The portal for showing willingness to participate has been opened five times since the launch of Land Pooling Policy and the last date of closing of 5th window was 28.02.2022. So far overall, owners of 36% of the land area in Land pooling area have shown willingness to pool land.

Sixteen priority Sectors have been identified in land pooling area wherein around 70% (or more) area have been pooled (i.e. owners have shown willingness to participate in the Land Pooling. In 4 sectors i.e. Sec 10, Zone N, Sec 2 &3 in Zone P-II and Sec 3 in Zone L, around 70% or more land has been registered and verified for formation of consortium.

However, inspite of having achieved 70%, there are khasra(s) in the pooled land that are under multiple ownership, and where all the owners have not indicated their willingness for participation in land pooling. Due to this, ‘part participation’, none of the sectors are ‘absolutely contiguous’ even the sectors where land parcel meets the 70% criteria. This is major obstacle in moving ahead with the implementation of the Policy.

1) Amendments in the Delhi Development Act 1957

1. To resolve the bottleneck, a two-pronged strategy has been worked out as a way forward for implementation of the Policy. A major recommendation is that once the minimum threshold of 70% voluntary land pool area is achieved in a sector, it shall be obligatory for all landowners of the sector i.e. the balance 30%, to mandatorily pool their land. Keeping in view that the proposed amendments will have to follow the due legislative process, which will take time, a second pronged strategy has also been worked out.  It has been decided that DDA will issue conditional notice for formation of consortium for the eligible sectors (where 70% land is pooled), stating that the consortium would ensure proper contiguity of all the partially participated khasras at the time of filing the implementation plan.
2. The powers to central Govt. to declare mandatory pooling even if minimum threshold participation has not been achieved to ensure time bound planned development.
3.  Even after urbanisation of villages and cessation of DLR Act in these areas, the updation of land record continue to be maintained/updated by the Revenue Department, GNCTD from the date of urbanization of the village to the date the New Lay-Out Plan of the Sector is notified.

4.  Exemption from multiplicity of stamp duty and registration charges on deed of exchange on reconstitution and distribution of land parcel.

5.  Transferable Development Right (TDR) is being introduced to construct or develop floor area to persons who have not been able to utilize permissible FAR on their own plots which can be transferred, exchanged, bought and sold.

6. Now Consortium will have to be a legal entity under companies act / co-operative society act, which can sue, or be sued, which will safeguard the interest of the landowners/member/stakeholders by providing them appropriate mechanism of representation and grievance redressal.

7.  A Land pooling Officer /Urban Regeneration Officer will be designated to prepare a sector plan/ regeneration plan and for its notification.

2. Additional Development Control Norms (ADCs) for land pooling policy

For ensuring holistic, smart, sustainable strategy for planning and development of these sectors in land Pooling areas, DDA has proposed certain modifications in the existing notified Policy as Additional Development Control Norms (ADCs) which recognizes the unique characteristics and varying potential for development of land pooling sectors. The norms proposed offer flexibility for innovative sector designs and are based on certain fundamental planning principles so as to create vibrant, people-centric, livable, smart and sustainable developments.

Salient features of proposed ADC:

• High intensity Mixed (400 FAR) use development along major transportation corridors.
• Introduction of Vertical Mixing of uses first time in Delhi, e.g. residential, psp, commercial can be in the same building.
• Priority for walkability and enhanced open spaces in sectors.
• New Concept- Transferable Development Rights first time in Delhi, e.g areas under air funnel, H.T.lines, heritage, green, etc. can be shifted to receiving areas along major corridors.
• Permitting plotted development cluster at minimum size of 5000 Sq.m on net residential plot.
• New concepts of Public Plazas and active frontage to bring more openness in the sector layouts.
• De-centralized physical infrastructure provisions for livable, smart and sustainable developments.  

3) Amendments proposed in the PM-UDAY Regulations

1.  Exclusion of vacant Government land

• Vacant government land parcels can be earmarked / reserved for creation of supporting social and physical infrastructure for UCs regeneration / redevelopment and pave the way for regularization of UCs.
• Vacant land parcels can be utilized for creation of parks, schools, hospitals / dispensary for the benefit of residents of UCs.
• Protection of vacant government land from unscrupulous elements / land grabbers under the garb of General Power of Attorney (GPA) and Agreement to Sell (ATS).
• Curb the practice of creating fake and illegal property documents for government land.
• Prevent loss to government exchequer.

2.  ‘Will’ not mandatory

• Many applicants under PM-UDAY are not in possession of valid ‘Will’ document. As on 04.03.2022, around 1,000 applications under PM-UDAY have been kept under abeyance due to unavailability of valid ‘Will’ or ‘Gift Deed’ documents.
• The proposed amendment for not treating valid ‘Will’ as a mandatory document will resolve the grievance of applicants whose applications have been kept on hold due to absence of valid Will.
• It will speed up the process of disposal of cases and will facilitate in increasing the number of Conveyance Deed (CD) /Authorization Slip (AS).
• More residents of UCs will get encouraged to apply and avail benefits under the scheme thereby increasing the number of applications.

3.  Ownership right on private land on full plot area

• Ownership right being granted on full plot area in case of private land

4) Development Control Norms for Unauthorised Colonies in Delhi

Development Control norms for Unauthorized Colonies are formulated with the aim to improve the quality of built environment, to provide continued affordable rental housing and to improve the existing physical and socio-economic conditions in UCs.

Salient Features

• Two alternatives to undertake upgradation and improvement in UCs (optional for the RWA / Residents):

1. UC Regeneration Scheme- By incentivizing, amalgamation of plots and ensuring participation of the inhabitants.
2. Regularization of existing colonies – For colonies that meet certain minimum planning requirements.

• Smaller plots can come together through amalgamation / reconstitution for better living environment and large open spaces upto minimum size of 2000 sqm.

• Reduced norms(Group housing land requirement reduced from 3000sqm to 2000sqm) & standards for social infrastructure like school, dispensary, etc as compared to MPD-21 for better facilities.

• Financial  Viability  Upto 15% of the permissible Scheme level FAR may be utilised for creating privately owned local facilities like schools, community halls, nursing home, etc. and out of which, 5% can be utilised for commercial use. These facilities are saleable.

• Incentive of 20-50 %age of Amenities FAR (over and above the permissible FAR), depending on scheme area that can be used for creating additional PSP facilities.

• Provision of better road accessibility(minimum of 6 mtrs) to the UCs through regeneration schemes.

• Regularisation of existing colonies shall be done on as is where is basis. It would enable planned development by provision of minimum road of width of 6m, public facilities, connectivity, augmentation of infrastructure services and open spaces. Part of colony can also be considered for regularisation with minimum area of 2000sqm.

5. Status of In-situ-Rehabilitation

• 3024 EWS houses at Kalkaji Extension completed and the eligible households of JJ cluster Bhumiheen Camp, Kalkaji will be relocated shortly. Eligibility determination of 2700 JJ dwellers in Bhumiheen Camp, Kalkaji is in process.  679 declared eligible and draw and has been conducted.  For remaining 2021, the dwellers have been asked to complete their documents within this month.

• 1675 EWS houses at Jailorwala Bagh, Ashok Vihar are likely to be completed by 31st May, 2022 for allotment to the eligible JJ dwellers of Jailorwala Bagh.

• 2800 EWS flats at Kathputli Colony, Shadipur are likely to be completed by 31st December, 2022.

• Tenders for 6 Projects comprising 10 JJ clusters at Dilshad Garden, Shalimar Bagh-Pitampur, Suraj Park, Rohini, Badli Village, Sector 20, Rohini and opposite Ayurvedic Hospital, Haiderpur having about 10300 households have been invited.  Tenders are due for opening by the end of March, 2022.

• Tenders for another 4 Projects comprising 8 JJ clusters at Kalkaji Extension, Kusumnpur Pahadi near Vasant Vihar, Mazdoor Kalyan Camp, Okhla and Indira Kalyan Vihar, Okhla, having about 15,000 households, are likely to be floated by the end of March, 2022.

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