Delhi's Unauthorised Colonies: MoHUA Notifies Regulations

In a move that will benefit almost 40 lakh people in the national capital, the Centre has approved a proposal that seeks to grant property ownership rights to those in the unauthorised colonies in Delhi, union minister Prakash Javadekar has confirmed.  The Union Housing and Urban Affairs Ministry (MoHUA) has already notified regulations to confer ownership rights to the residents of 1,731 unauthorised colonies.

MoHUA has also asked the Delhi Development Authority (DDA) to identify more such colonies that could be eligible. MoHUA notified the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations 2019 that lays down charges to be paid and the rules to follow for eligible beneficiaries. Charges will be levied and delays will be computed at eight per cent annually. As of now, those looking at ownership rights will need to pay anywhere between Rs 14.55 per square metre to Rs 4,837.50 per square metre. The exact amount would be determined on the basis of the size of the plot and locality. In the next two years, colonies that were existing as on June 2014 and had 50 per cent occupancy as on January 2015 would be identified. 

Recap

The Delhi Development Authority, on October 23, 2019, had said that it will soon begin work on marking boundaries of these unauthorised colonies, which is expected to be completed in three months. The DDA will also put the mapping in the public domain and seek suggestions and objections from members of the Resident Welfare Associations and other people. The DDA officials will also do self-assessments and on-spot visits to do verification, after which, conveyance deeds will be issued and the property would be then registered. 

Regularisation charges: Owners would have to pay charges based on carpet area, circle rate and plot size to get the property registered. For colonies on government land, the charge will be 0.5 per cent  for less than 100 sq meter, 1 per cent for 100-250 sq meter and  2.5 per cent for greater than 250 sq meter, of the circle rate of the highest category of the locality of the residential area surrounding the unauthorised colony. The official said that 1,797 number of colonies with reference to 2015.

The centre, in March 2019 had approved a proposal to constitute a committee, under the chairmanship of Delhi Lt Governor Anil Baijal, to recommend a process to confer ownership or transfer rights to residents of unauthorised colonies in the national capital. The cut-off date has been revised to June 1, 2014 and January 1, 2015. The committee's recommendations have been accepted. 

Complete Regularisation Of Delhi’s 1,797 Unauthorised Colonies Likely Soon

Rebuking the ruling Aam Aadmi Party (AAP) for the delay in regularisation of illegal structures in the national capital, BJP Delhi president Manoj Tiwari on September 18, 2019, had said that his party aimed to complete the process within six months. Party representatives, he said, had been directed by the Central leadership to survey these unauthorised colonies and obtain a feedback from the residents on the progress of regularisation.

Despite the many promises that the centre and the state government have been making, pertaining to the issue, an estimated 1,797 illegal colonies in Delhi have failed to see regularisation of their buildings. If these structures are regularised, the residents will be able to transfer/sell their property, avail of home loans and be eligible to demand basic amenities such as water and electricity.

Almost 30 per cent of Delhi’s population lives in slums.

Protection of unauthorised colonies

In December 2017, President Ram Nath Kovind gave his assent to the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2017. The new law has extended time until December 31, 2020 to protect some slums and unauthorised colonies in the national capital region from punitive action till a framework for orderly arrangements is in place.The latest law amends the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011, that barred action by any local authority till December 31, 2017 against encroachment or unauthorised development as of January 1, 2006, unauthorised colonies and villages that existed on March 31, 2002 and where construction took place up till February 8, 2007.

The Lok Sabha on December 27, 2017 had passed a Bill to this effect. Urban Development Minister Hardeep Singh Puri said if the Bill was not passed, it would lead to "unprecedented chaos" in the national capital. The legislation would give cover against punitive action on an "as-is-where-is basis" until December 2020, he said. Singh said the legislation provided that no action be taken by any local authority till December 31, 2017, with respect to encroachments or unauthorised developments as of January 1, 2006, unauthorised colonies, village abadi areas that existed on March 31, 2002, and where constructions took place till February 8, 2007.

The sealing exercise by the Supreme Court-appointed monitoring committee had created panic among the slum-dwellers and traders in part of the city. This legislation is expected to allay their apprehensions to a large extent.