Master plan can’t be amended without public suggestions: SC

    Master plan can’t be amended without public suggestions: SC


    DDA seeks to amend the Master Plan to increase the floor area ratio to provide relief to those facing sealing action.

    NEW DELHI: The Supreme Court refused to modify on Thursday its order directing Delhi Development Authority (DDA) to invite suggestions and objections to the proposed amendments in the Master Plan of Delhi 2021 (MPD), saying changes in the MPD cannot be brought about without a meaningful public participation.

    A bench of justices MB Lokur and Navin Sinha also pulled up the government for seeking a modification of its May 15 order that allowed the government to go ahead with changes in MPD but only 15 days after inviting public objections and views on its proposal. DDA was also slammed for raising the “bogey” of “public order and law and order” problems to justify the three-day time period it had given earlier to raise objections to the amendments. SC had on March 6 stopped DDA from notifying the amended MPD that increases the floor area ratio with an intention to provide relief to commercial establishments from the anti-sealing drive.

    SC, which revived sealing and demolition of unauthorized structures in the Capital, said Delhi is being ravaged by unauthorised encroachments and none of the civic authorities, including DDA sincerely carry out its statutory duties.

    “It is painful to require the issuance of directions to statutory authorities to carry out their functions in accordance with the law enacted by Parliament. Unfortunately, the situation in Delhi warranted such a direction due to the apathy civic authorities,” the judges said in the judgement given in response to DDA’S plea to modify the May 15 order.

    Attorney General KK Venugopal, representing DDA, had said there was no need for suggestions and objections because it had undertaken the exercise earlier in March. Before incorporating the changes in the MPD-2021 DDA had give three days to the public for the suggestions. But SC found it unreasonable on DDA’S part to reduce the

    90-day period. “We are at a loss to understand the hyper-reaction and how changes in the Master Plan are sought without any meaningful public participation with perhaps an intent to satisfy lobbies and curtailing a period of 90 days to just three,” the judges said.

    The court had enquired from DDA the reasons for reducing the statutory period. It was told that the rules allowed it on the ground to maintain public order. However, when the court asked for an instance, the DDA had failed to provide any except submitting orally that there were riots in Delhi. “We were also not told of any exigency that could affect the interest of the public which necessitated curtailing the period of 90 days,” court noted in its order.

    Source: Hindustan Times
    Dated: 25th May 2018

    Land Pooling in Delhi further simplified; DDA now to act as only facilitator

    • Transfer of pooled land to DDA not required; Single Window approvals for speedy execution
    • DDA asked to prepare regulations in a month; Also to start spatial and service planning
    • HUA Minister Shri Hardeep Singh Puri and LG of Delhi discuss Policy in detail
    • Expected land pooling of 22,000 hectares to boost economic activity

    Land pooling in Delhi, expected to meet the rising demand for residential and other needs besides stimulating economic growth is now further simplified for speedy execution. Delhi Development Authority (DDA) will now act more as a facilitator and planner as against the role initially envisaged for it as a part of simplification of execution of land pooling policy.

    Minister of Housing & Urban Affairs Shri Hardeep Singh Puri and Lt. Governor of Delhi Shri Anil Baijal met in Nirman Bhawan and discussed various aspects of the Land Pooling Policy and decided to make some changes in the policy decided earlier. Shri Duga Shanker Mishra, Secretary (HUA) and Vice-Chairman of DDA also participated in the discussion.

    Originally, land pooled under the Policy was to be transferred to DDA which was to act as the Developer Entity (DE) and undertake further sectoral planning and development of infrastructure in the pooled land. The Minister and LG today decided to do away with this requirement and land title continues to be with the original land owners.

    DDA was asked to immediately initiate spatial and services planning for the five zones covered under Land Pooling Policy so that the policy could be given immediate effect after finalization of regulations under the Policy.

    While both the Minister and LG expressed concern over delay in implementing Land Pooling Policy, Shri Puri thanked Shri Baijal for his initiative in having 89 villages declared as urban areas under the Delhi Municipal Act, 1957 and 95 villages as Development Areas, as required for the implementation of land pooling. DDA was directed to formulate necessary regulations under the Policy in accordance with the changes in a month time. DDA was also asked to ensure single window clearance mechanism for according necessary approvals for speedy implementation.

    Land Pooling Policy covers the greenfield areas in five zones viz., J, K-1, L, N and P-II coming under the Master Plan of Delhi-2021. To incentivize dense development for effective utilization of scarce land resource in the national capital, the Policy permits enhanced FAR of 400 as against the present 150. To promote affordable housing, an additional FAR of 15% is also allowed.

    About 22,000 hectares of land is expected to be pooled which could meet the needs of about 95 lakh people. Land pooling would catalyse economic, social and civic development of the national capital besides triggering substantial investments and employment generation.

    Under the Land Pooling Policy, 60% of pooled land would be returned to land owners after infrastructure development, if the pooled land is 20 hectares and above and 48% if the land pooled is between 2 and 20 hectares. Of the 60% of returned land, 53% will be for residential purpose, 5% for city level commercial use and 2% for Public and Semi-public use. In the other case, the same would be 43%, 3% and 2% respectively.

    Affordable houses for Economically Weaker Sections to be built under the Policy shall be of the size of 32-40 sq.mtres. Half of this housing stock shall be retained by the Developer Entity to house Community Service People working for the residents/owners of the Group Housing. These houses will be built at the site or at premises contiguous to the site allotted. The other half of affordable houses shall be sold to DDA at the base cost of Rs.2,000 per sq.ft for further sale to beneficiaries.

    Source: PIB
    Dated: 12th October 2017

    You might end up being a victim of fraud if you invest in a property in Delhi’s land pooling zone

    Despite warnings, people are buying apartments being sold as lucrative investment options

    Check that advertisement for that beautiful apartment being sold for a great price, and that too in the Capital. Do find out more about the zone it is located in and then check the Delhi Master Plan 2021. If your builder tells you the project is in the land pooling zone, and that you can make a good profit from it, understand that you might end up being a victim of fraud. If one goes by the recent public notices of Delhi Development Authority (DDA), such offers are illegal and homebuyers are advised to stay away from them.

    A builder recently announced the launch of a project in L-Zone, Dwarka. Newspaper advertisements of the projects also offered a buyback policy with 25% interest in two years. L-Zone falls in the land pooling zone, but DDA has just prepared the draft regulation of the land pooling policy and it is yet to be notified – no developer can as of now own land in this zone.
    A number of public notices have been issued by DDA, warning people to stay away from “any illegal offer of registration of plots/flats under the land pooling policy”.

    “The general public is hereby cautioned that for any sector within a zone (specific area) to qualify under land pooling policy, minimum 60% land needs to be made available by the developers. Besides, the final plot shall be carved out either within the sector or nearby in the concerned zone in which the application for participation in the land pooling has been made. The final plot allotted to the developer entity may not constitute part of the original plot. Therefore, the claim of coverage of a specific area under the scheme or availability of land in a specific location by developers cannot be made at this stage. The general public is, therefore, warned not to get tempted by such attractive offers/schemes for housing under land pooling policy,” says the DDA notice.
    Dozens of developers, however, are putting up stalls to sell projects. Several welfare societies have also come up, inviting potential buyers to invest in land. HT Estates, on October 18, 2014, had reported how hundreds of welfare societies had been registered after 2007 when the Delhi Master Plan (MPD 2021) had been notified, laying down land pooling policy norms and earmarking five zones in the Capital – J, K (I&II), L, N and p (I&II).

    Though the Urban Development Ministry has given its nod to operational guidelines for the land pooling policy, several hurdles still remain in its implementation. The most difficult hurdle at the moment seems to be the conversion of 89 revenue villages into urban villages. The next hurdle will be identifying and demarcating 20,000 hectares for development, which will be done by the land and building department of the Delhi government. Only when these two notifications are in place will DDA be in a position to invite applications from developers for handover of their land with it.

    Says Sidharth Luthra, a senior criminal lawyer and former additional solicitor general of India, “The practice, adopted by developers, is what is known as a pre-launch. Typically, a builder starts marketing the flats that he will build in the future even before the plans are approved by the municipal authorities or other plan-sanctioning authority. The builder does not execute any agreement with the buyer for the simple reason that there is no flat he can sell. Usually, non-binding documents such as ‘expression of interest’ or ‘memorandum of understanding’ are made by the builder, which offer little or no protection to the buyer in the event of any dispute with the builder.”

    So can action be taken against such pre-launches in Delhi? Real estate and legal experts are of the view that such advertisements and sale are illegal and preventive action must be taken by DDA.
    Delhi Police on its part cannot do anything until it gets a complaint from an aggrieved party. According to DCP (west Delhi), Pushpendra Kumar, “Delhi Police can’t take any preventive action in such cases. We can act only when an aggrieved person will lodge a complaint with us.”

    However, Balvinder Kumar, former vice chairman, DDA, is of the view that DDA is in a position to take legal action against such builders. “This amounts to fraud. DDA has advertised time and again and cautioned people not to invest money in these projects but people are still doing that. I think DDA must take preventive measures. It is high time DDA takes legal recourse to address the problem.”

    Pradeep Mishra, CMD, Rudrabhishek Enterprises Pvt Ltd, a town planning and architectural consultancy firm, advises buyers to be careful. “Unfortunately, despite repeated public notices, people are driven by greed to make money by investing in any real estate projects which promise them huge returns.”

    Source: Hindustan Times
    Dated:8th August 2015

    New circle rates still on paper

    NEW DELHI: The AAP government revised circle rates of agricultural land in the budget passed by the Delhi assembly in June. However, a month later its implementation is still awaited.

    The step was taken by the government to ensure higher compensation to farmers if their land was acquired for development purposes. The last revision happened in 2008.

    As per the revenue department, a notification can only be made after the lieutenant governor’s approval. It’s feared that a fresh tussle may take place between the LG and CM on this issue. The file was referred to the chief secretary KK Sharma last week and senior officials have become silent on its fate. Now all eyes are on the CM’s office and the next move of the chief secretary.

    The budget increased circle rates of agricultural land between Rs 1 crore and Rs 3.5 crore. The current rate for regular agricultural land is Rs 53 lakh per acre.

    Sources said that the government has been informed that since 2007, when circle rates became effective, all revisions are effected by the state after approval from the LG.

    In 2010, when differences erupted between the then chief minister Sheila Dikshit and LG Tejendra Khanna, the matter was sent by the former to the Union home ministry. The Centre then put on record after consulting the law ministry and the then additional solicitor general that circle rates will be approved by the LG under “aid and advice of the council of ministers led by the chief minister.” The final word on the matter would be of the elected government and the LG would approve the cabinet’s decision.

    Since circle rates are linked to many other land-related legal issues, including those governed by the Court Fee Act and the land acquisition law, approval from the LG would not leave them open to any kind of legal challenge.

    Presenting the budget, deputy chief minister Manish Sisodia had said that the government had decided to fulfill the long pending demand of farmers to increase circle rates, which is the benchmark for land acquisition.

    The government also laid out a differential rate structure comprising two categories – regular agricultural land and those falling in villages where land pooling policy is applicable. For instance, in east Delhi while circle rate for regular agricultural land per acre will be revised to Rs 1 crore per acre, plots falling in areas identified for development under land pooling policy would cost Rs 2.25 crore per acre. In south Delhi, the revised rate for regular agricultural land will be Rs 1.5 crore per acre and that under land pooling category Rs 3.5 crore per acre.

    Source: Times Of India
    Dated: 29th July 2015

    Delhi to be a smart city soon, thanks to these projects to be taken up by the NDMC

    Category : MPD-2021 News

    To make the Capital world class, the New Delhi Municipal Council (NDMC) is going all out to make the area in its jurisdiction a smart city.

    While announcing the council’s annual budget on Wednesday, NDMC chairperson Jalaj Shrivastava talked about the various initiatives taken to bring Delhi at par with other smart cities across the world.

    These are the steps that will be taken by the council:

    Smart Poles: Using/replacing existing 18,500 Street Light Poles to LED and also mounting CCTV Cameras in addition to enable multiple next generation digital services based on WiFi/2G/3G/4G within the NDMC area, without any extra expenditure on the part of the council, on a revenue-sharing model.

    Solar City Project: Master plan for generation of initially 4MW of solar power after award of NDMC-owned schools and offices’ roof-tops through open tender.

    Waste-to-Energy Plants: Establishing a chain of waste to energy plants of small sizes in various localities of the NDMC based on different available technologies resulting in 100 per cent recycling of waste in an eco-friendly manner for maximising power/gas output.

    The New Delhi Municipal Council area comprises of the creme de la creme territory of the Capital, which has been described as Lutyen’s Delhi. It comprises of important buildings like Rashtrapati Bhawan, Parliament House, Supreme Court, North and South Blocks and buildings abutting Central Vista and also all the diplomatic missions which function as territorial entities under the sovereign jurisdiction of their Flag States.

    DDA sets 3-year goal for Delhi’s first smart city

    Delhi’s first smart city will be a reality in three years from now. With the iconic 100-storey tower being the key attraction, the East Delhi Hub at Karkardooma, the Delhi Development Authority’s (DDA) flagship project, will also comprise residential units, green cover and recreational facilities.

    The construction will be undertaken by the National Building Construction Corporation (NBCC) at a cost of Rs 4,500 crore. “We have set a deadline of three years for this project. However, this is subject to change,” said Anoop Mittal, managing director, NBCC, while unveiling the model of the project on Wednesday. The hub will come up on transit-oriented development (ToD) norms.

    The NBCC will maintain the city for 30 years after its completion. “The project will be completed in phases and the first phase will be completed within 36 months,” the MoU said. The iconic tower will be more than 300 metre high. “The tower shall have restaurants, shopping facilities,offices, hotel and service apartments. At the top of the iconic tower, there will be several rooftop revolving discotheques and cafes, as well as a helipad for emergency and medical services,” DDA officials said.

    The smart city will have connectivity with two Metro stations, Anand Vihar and Karkardooma, a railway terminal and ISBT at Anand Vihar. The hub is expected to create approximately 8,000 jobs. “All green areas and parks shall have natural storm water management systems integrated within them. All rain water falling on the site will be recycled to replenish the ground water table,” said DDA’s vice-chairman Balvinder Kumar.


    The implementation of DDA’s land-pooling policy has been further delayed. The Union urban development ministry has asked the DDA to increase the floor area ratio (FAR) for construction to be undertaken by private developers under this policy. This, according to officials, will further delay the notification for the policy which is pending before the ministry. DDA vice-chairman Balvinder Kumar said the policy has been approved but following suggestions from the UD ministry, experts will be consulted to increase the FAR that would require fair amount of time.

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