Delhi Laws (Special Provisions) Bill, 2011 Passed

Sh Kamal Nath Directs DDA to consider Public Feedback before finalizing MPD-2021

The Parliament today passed the “The National Capital Territory of Delhi Laws (Special Provisions) Second Bill, 2011” to make special provisions for the National Capital Territory of Delhi (NCTD) for a further period of three years from 1st January, 2012 to 31st December, 2014. This is in continuation of the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 which is valid up to 31 December 2011.

The proposed act will provide temporary relief and minimize avoidable hardship and irreparable loss to the people of NCTD, while facilitating realistic revision of Master Plan for Delhi (MPD-2021) and ensuring its smooth implementation by maintaining status quo in the entire National Capital Territory of Delhi.

No punitive action shall be taken till 31st December, 2014, in any area of NCTD provided compliance is made to such directions, as the Central Government may give from time to time, and that any punitive action required to be taken by the local authorities shall be carried only with the specific approval of the Administrator of Delhi.

Despite the protection being provided certain fundamental safety measures such as structural stability, fire safety, etc. as provided under the relevant building bye laws, will not be compromised. Also no relief shall be available from encroachment on public land, except where explicitly covered under the Act.

Urbanisation is a natural part of the developmental process and in the last couple of decades has gathered significant momentum. The urban population has increased from 285 million in 2001 to 400 million in 2011 and by 2030 is likely to reach over 600 million. The number of towns has increased from 5161 in 2001 to 7935 in 2011.

The increase in population of Delhi in the last 20 years has been more than its total population till 1980. Delhi Master Plans, including MPD 2021have not been able to cope with this growth momentum leading to increase in unauthorized colonies, slums and Jhuggi-jhompris and associated problems. 

The current Master Plan for Delhi (MPD-2021) has provided for its review and revision every five years, to account for such modifications and corrections that emerge based on ground realities. The first review of MPD-2021 has already commenced and is expected to lead to the necessary modifications including land use and development norms. Therefore, it is expedient to introduce a legal framework to ensure that no hardship is imposed on people until the revision of Master Plan is completed.

Sh Kamal Nath has directed DDA to create an enabling structure for the receipt of suggestions from the public and to ensure that all suggestions are considered before arriving at the revised Master Plan. DDA has been directed to create Master Plan review cells, each responsible for a particular area of Delhi to be headed by an officer of appropriate seniority. The names of these officers along with other details would be published in newspapers so that the public and other associations may make their representations to them. The public is encouraged to continue sending their suggestions to these officers, irrespective of the last date for receipt of suggestions being over. DDA has also been told to hold “Open House” in each of the areas and visit the areas in order to factor in the ground realities. The DDA would create a designated space on their website, where each and every suggestion would be posted.

In addition to the team created by the Hon’ble LG for the review of MPD – 2021, Minister Nath has constituted an Apex Committee under the Chairmanship of Hon’ble LG. The other members of the Apex Committee would include Secretary (Urban Development), Secretary (HUPA) and Chief Secretary, Delhi. This Apex Committee would formally submit the revised MPD – 2021 for the consideration of the Minister. The Committee may submit its reports and recommendations in parts. It is expected that the first report of the Committee will be submitted to the Ministry of Urban Development not later than June 30, 2012.

It is also proposed to simultaneously constitute an Expert Committee that will examine the possibility of enhancing FAR for different uses and areas in Delhi. Agreeing with the Approach paper to the 12th Five Year Plan Minister Nath stated that there is very inefficient use of urban land in India. This is because of very low FAR permitted in India.  There is a bias in India against vertical cities as compared to land - intensive horizontal cities. This needs to be examined holistically.

DDA has further been directed to set up an on-line system for conversion of properties from leasehold to freehold. This would go a long way in providing relief to the public.

It is also proposed to create a Delhi Urban Regulatory and Appellate Authority. This body would be given the responsibility to hear and recommend to the Ministry of Urban Development temporary/permanent land use changes in the Master/Zonal plans and prescribe the procedure for land use changes, to vet the local area plans of local authorities, to review building regulations and examine suggestions in respect of changes in building regulations, to consider cases of building regulations beyond normal compounding limits and to review the development charges of DDA.               

Several steps had been taken to finalise norms, policy guidelines, feasible strategies and lay down orderly arrangements to deal with the problem of encroachments and unauthorized developments in Delhi. However, a lot of  work remains incomplete - the Delhi Urban Shelter Improvement Board has not yet completed the survey to identify eligible slum dwellers all over Delhi; a draft Bill is under preparation by GNCTD to address the issues concerning hawkers and urban street vendors; MCD has sent only 140 redrafted layout plans for unauthorized colonies, and GNCTD is in the process of fixing the boundary on these scrutinised/ redrafted layout plans;  a two years time frame is required to finalise the farm house policy; for schools, dispensaries, religious institutions and cultural institutions, the scrutiny of individual cases is required to be taken up and eligible institutions shall have to be referred to the respective local authorities for requisite clearances and approvals and cases involving incompatible land use will need to be processed for change of land use; Guidelines for Redevelopment of Godowns Clusters existing in non-conforming areas is yet to be framed; more time is needed for preparation and orderly implementation of redevelopment plans for Special Areas (i.e. Walled City, Walled City Extension and Karol Bagh).

The Delhi Laws (Special Provisions) Act, 2006 was introduced on 19th May, 2006 for one year.  This has been followed by subsequent legislations. The last such legislation made viz. the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 will cease to operate after 31.12.2011.