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Norms for regularising illegal colonies notified
Hindustan Times  |  October 31, 2019

HT Correspondent New Delhi

The Centre on Wednesday notified regulations — the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 — for regularising unauthorised colonies.


This comes after the Union cabinet, on October 23, approved ownership rights over their properties to four million people living across at least 1,700 unauthorised colonies in Delhi. The announcement marked a long-awaited movement on a politically sensitive issue that has been in limbo for over a decade.


As per the notification, no rights will be conferred or recognised over prohibited land, which includes land falling in reserved or notified forests, land identified as protected or prohibited area by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), land falling in Zone-O, Yamuna Flood Plain, land falling in right of way of existing roads and Master Plan roads, land under right of way of high-tension lines, land falling in ridge area of Delhi and land reserved or protected under any other law for the time being in force.


The notification also states that rights will not be conferred to affluent unauthorised colonies. The Union ministry of housing and urban affairs has identified 69 such affluent colonies, which includes Freedom Fighters Enclave, Neb Sarai Extension area, Chattarpur Enclave, Sainik Farms, Mahendru Enclave and Anant Ram Dairy, among others.


As per the notification, “unauthorised colony” means a colony or development comprising of a contiguous area, where no permission has been obtained for approval of layout plan or building plans and has been identified for regularisation of such colony in 2008.


The notification also states that the recognition of ownership or mortgage rights of colonies identified as per the revised eligibility criteria notified in 2015 will be completed in the next two years by the Delhi Development Authority (DDA).


People seeking to regularise their properties will need to pay charges based on the following formula: 0.5% of the circle rate if carpet area is less than 100 square metres 1% if the carpet area is between 100 and 250 sq m and 2.5% if the carpet area is above 250 sq m.


“The assessment of charge from a resident shall be calculated on carpet area basis for each unit...For a resident holding multiple properties, the rate of charges shall be determined by clubbing carpet areas of all properties of the resident in all unauthorised colonies. If a resident does not apply for conferment of rights on all his properties simultaneously, and it is discovered that he has paid charges at a lower rate on account of non-disclosure of all his properties, the charges at applicable rates shall be payable on all the properties including the properties where the rights have already been conferred,” the notification states.


For colonies on private land, the charge will be half of the charge on government land.


The Centre will also push through legislation in Parliament’s Winter session to complete the process.