Regularisation norms eased in 1,511 illegal Delhi colonies

NEW DELHI: The Centre Tuesday eased norms for regularising residential properties and small convenience shops (up to 20sqm) based on “as is where is” criteria in 1,511 unauthorised colonies in Delhi. Residents of these properties can now get the building plan prepared by any architect empanelled by Municipal Corporation of Delhi and apply to the civic body for obtaining ownership rights.

Announcing major changes in the norms, Union housing and urban affairs minister Manohar Lal said properties will be regularised without requiring approved layout plans, a move that will accelerate regularisation of properties in such colonies, bringing relief to over 10 lakh families living in these settlements. The announcements were made in presence of CM Rekha Gupta.

Earlier, it was mandatory to have a sanctioned layout plan for the area to apply for regularisation.

Though Centre in its 2019 regulations and the subsequent PM–Unauthorised Colonies in Delhi Awas Adhikar Yojana (PM-UDAY), had envisaged regularisation of these colonies on an “as is where is” basis after approval of layout plans, the absence of approved layout plans has been a major impediment, the housing and urban affairs ministry said in a statement.

Till March-end, barely 40,000 conveyance deeds/ authorisation slips have been issued under PM-UDAY.

Though there are 1,731 unauthorised colonies in Delhi, Gupta said those in the O Zone (Yamuna Flood Plain), forest/ridge areas and otherwise outside the purview of the scheme were not included. In addition, 69 affluent unauthorised colonies such as Sainik Farms, Mahendru Enclave, Anant Ram Dairy and Bhawani Kunj are also excluded.

As per the new norms, the revenue department of Delhi govt, not the DDA, will now issue conveyance deeds for ownership rights. The Union minister said MCD will conduct drone surveys every two months to detect any new small construction.

“To ensure there is no further unauthorised construction or expansion of these colonies, we have strengthened the enforcement wings of MCD and Delhi Development Authority,” he said.

The civic body will issue ‘certificates of regularisation’ and also survey vacant plots to build civic infrastructure.

CM said that applications for ownership of properties under the revised policy can be filed online through the PM-UDAY portal from April 24. She added that the process of regularisation will speed up with the simplified approval process and timeline set for issuing the deeds within 45 days.

June 1, 2014 will be considered the cut-off date to be considered for regularisation. The minister said the revised policy will cover old buildings in unauthorised colonies while new constructions will be required to follow norms set by MCD and seek its permission.

The updated policy notified on Tuesday says convenience shops up to 20 sq metres will be regularised if they have access to a right of way (RoW) of 6m. For shops up to 10 sq metres, the required RoW may be less than 6m. Responding to a query, D Thara, additional secretary in housing ministry, said floor-wise regularisation will also be allowed.

The ministry, in an official statement, said an applicant can log into the MCD SWAGAM portal (https://mcdonline.nic.in/swagam) and select a colony name, ward and zone, which are auto-populated. They will have an option to choose whether a PM-UDAY case identity exists or not. Those not having such an ID will be required to log into the PM-UDAY portal.

It said if the conveyance deed or authorised slip has been issued, an application form will be filled out, and if not, the application will be redirected to the PM-UDAY portal for status. Processing of applications and issuance of conveyance deed or authorised slip will be done by the revenue department with DDA support, after conducting a survey of the buildingstructure. Applications on the SWAGAM portal will be accepted from April 24 for cases where conveyance deeds or authorisation slips have been issued.

In cases of reconstruction or redevelopment, land equivalent to 50% of the deficiency in RoW must be surrendered to achieve minimum access width (6m internal roads, 9m approach roads). “Floor area ratio (FAR) will be calculated on the original plot area but utilised within the reduced plot after surrender. If existing FAR exceeds permissible limits, penal charges (three times additional FAR charges) will apply,” the policy said.
Delhi CM called the amended regulations a move that brings “hope, dignity and long-awaited security” to lakhs of families. The CM office said a clear timeline has been laid down for the process, including seven days for GIS survey reports, 15 days for addressing deficiencies and a mandatory 45-day deadline for issuing conveyance deeds. The PM-UDAY register will be maintained and regularisation certificates will be issued by MCD, it said.

CM said regularisation would enable residents to access loans against their properties, opening up opportunities for redevelopment and economic empowerment.