Residents’ Welfare Authorised

The regularisation of unauthorised colonies — which directly affects close to a quarter of the city’s population — is set to shape Delhi’s future.

It took Chief Minister Sheila Dikshit four years to partially fulfil the 2008 election promise of regularising unauthorised colonies,but even after notifying of 895 colonies as regularised,the actual process has only just begun. From preparing layout plans to providing civic amenities,and,from issuing final sale deeds to keeping land sharks at bay,the government and residents still have a long way to go.

Dikshit herself has admitted to the complexities surrounding regularisation. In September,Dikshit said: “Regularisation is a complex issue and the government has acted cautiously to avoid any legal or procedural problems in the future. This is why it has taken some more time.”

If it goes in the correct direction,experts believe the move could possibly provide affordable housing options initially to the large migrant population,and soon to all others.

Starting the process

The first step towards regularisation was taken in 2007,when the Ministry of Urban Development framed guidelines for unauthorised colonies. These colonies,along with slums and jhuggi-jhopri clusters,were covered under Special Provisions Act till the government came out with a notification to start the regularisation process. These guidelines mandated that the regularisation process be initiated through a request from residents’ welfare associations of the colonies. A notification for regularisation was issued on March 24,2008.

For eligibility,the guidelines stipulated that the colonies should have existed as on March 31,2002,with at least 50 per cent built-up area in accordance with the Delhi Master Plan. Also,colonies on forest land near protected monuments would not be considered for regularisation.

After discussions between the Central and Delhi governments,it was decided that the pertinent requests would be sent to the Forest department or ASI,who would survey the colony and make recommendations.

Govt land vs private land

Of the 895 newly regularised colonies,312 are on private land and the remaining 583 are on government-owned land — belonging to DDA,ASI,Forest department and the municipal corporations.

The colonies on private land enjoy an advantage.

Delhi Urban Development Department Secretary R K Srivastava said: “The colonies on private land do not have to pay any cost to the government for the land and,hence,will be able to get their sale and purchase deeds shortly.”

This advantage has led to protests from residents of several colonies,particularly in South Delhi. The residents claim that their colonies have been mapped incorrectly.

President of Jaitpur Extension RWA in Badarpur O P Sharma said: “Our colony has been listed as on government land,while it is all on private land. We have made a representation to the UD Minister about this.”

The residents of colonies listed “on private land”,meanwhile,claim that the process is “too slow”.

Mohammed Mohiudin Khan,president of Subhash Mohalla North Ghonda RWA,said: “The registration of property is not happening. We have been to various government departments time and again,but they all say we have to wait.”

Srivastava said government’s focus is on approval layout plans. “We have asked the three municipal corporations to start work on this. They have hired School of Planning and Architecture and two other agencies as consultants for this job… We are hoping that at least 10 plans get approval (from MCD Standing Committee) by November,” he said.

The wait for colonies on government land will be longer and the authorities are working on a mechanism to evaluate the cost of the land of the colonies and the charges that need to be recovered.

Senior government officials said residents of such colonies might have to pay at least Rs 575 per sqm as land cost to the government,besides penalties and development charges.

“Once the fees is paid,we will start denotifying government land and allow sale and purchase,and registration of property,” an official said.

Many RWAs are protesting against these charges. “We already paid a lot of money to buy land here and build a house. How can we be expected to pay money again for charges we know nothing about?” asked the president of an RWA in West Delhi.

The Revenue department is looking into how to allow registration of land and sale and purchase deeds. “Since sale and purchase using general power of attorney is banned,a committee headed by the divisional commissioner is looking into it. The procedure will be worked out soon,” a senior official said.

Business opportunity

Builders,developers and land sharks sensed the opportunity that regularisation provided and they have been scouting the areas for over a year now.

Sharma from Jaitpur RWA said builders have already approached several residents in the colony. “They are primarily interested in houses on the main road. They have already made exorbitant offers for such properties and some owners are ready to sell,” Sharma said.

President of Yadav Park Extension Najafgarh Road Nangloi RWA K A Srivastaava said: “The builders were interested in razing the houses and building three-storey flats. They say it will help us and ease Delhi’s housing problems while giving the owners a source of income.”

Anticipating such a move,the government is also thinking of ways to protect the residents. Sources in the government said to prevent land sharks from taking over prime land,the government is in the process chalking out different development norms for land in colonies with houses measuring one acre and above.

“This is still at a discussion stage,’’ a source said.

Pradeep Khanna from Baba Properties in South Delhi said: “At present,only enquires are coming in. Property prices will shoot up once sale-purchase of properties in the area opens up. The market is generally sluggish right now.”

The road ahead

At least another 800 colonies are still waiting for clearance for regularisation. Many of these are on forest land across Delhi while a few are within areas regulated by the ASI.

“No one knows how much forest land has been taken over by these colonies. Forest department is carrying out a survey to ascertain how much land has been taken. Once this is ascertained,this land will have to be de-notified as forest land,” UD secretary Srivastava said.

But the de-notification process will take time. “This is a long process and will require final clearance from the Supreme Court. The Delhi government will have to put in a request to the Central government. A central empowered committee will look into the matter and then it will be sent to the Supreme Court. In case of Ridge land,it will be cleared by the Ridge Management Board,’’ Srivastava said.

The process of regularisation of 47 colonies near protected monuments will,however,be faster. “Any construction in and beyond the regulated zone is likely to be regularised soon. We have the green light from the Archeological Survey of India,’’ Srivastava said.

It is not only about the regularisation process or the availability of sale deeds,with Lieutenant-Governor Tejendra Khanna’s office voicing concerns over the issue of structurally safe buildings. Officials in the L-G’s office said the Delhi Development Authority (DDA) should understand and formulate a policy so that the buildings that are unsafe can be retrofitted.

“Delhi falls on Seismic Zone-I. If we do not safeguard buildings in East Delhi (70 per cent of which are unsafe),Walled City and Southwest Delhi it could lead to problems. If individual retrofitting cannot be done,small plots can be clubbed together,” Officer on Special Duty to the L-G,Ranjan Mukherjee,said.

He said development in unauthorised colonies was haphazard and authorities need to look at how to develop these areas to avoid any disaster.

Quotes

Why it took long

“Regularisation is a complex issue and the government has acted cautiously to avoid any legal or procedural problems in the future. This is why it has taken some more time”

Sheila Dikshit,

Chief Minister

On private land

“The colonies on private land do not have to pay any cost to the govt for the land and,hence,will be able to get their sale and purchase deeds shortly”

R K Srivastava,

Secretary of Delhi Urban Development department

Deal for a property dealer

Some deals are being struck on the basis of general power of attorney,though it is banned by the government. Things will pick up once government allows sale-purchase in these colonies.”

Mohan Mishra,

Ganpati Properties

Keeping it safe

“Delhi falls on Seismic Zone-I. If we do not safeguard buildings in East Delhi (70 per cent of which are unsafe),Walled City and Southwest Delhi it could lead to problems.”

Ranjan Mukherjee,

Officer on Special Duty to the L-G