CHAPTER 1

1. Introduction


1.1 The Ministry of Urban Development by its Order No.K-12016/1/2006-
DDIB dated 14 February 2006, constituted a Committee of Experts to
look into various aspects of unauthorized construction and misuse of
premises in Delhi.

1.2 The background note sent by the Ministry of Urban Development,
Government of India, citing the circumstances in which the decision to
constitute the aforesaid Committee was taken is hereby reproduced
verbatim:

In the context of on-going demolition action by Municipal Corporation
of Delhi (MCD) pursuant to court orders, there were representations
from the Chief Minister of Delhi as well as Members of Parliament from
Delhi and other people representatives on more than one occasion. It
was highlighted during various discussions that while action can be
taken against unauthorized construction as per court directions, the
magnitude of the problem is so large that it may not be possible to
address all the violations in the foreseeable future. It was suggested
that the entire gamut of issues need comprehensive examination
based on empirical data to devise an appropriate strategy which could
enable the Govt. of Delhi and local bodies to take action within the
provisions of law, letter and spirit of the directions of the Court and
keeping in view the logistic and administrative requirements
necessary to deal with the matter.

The issues involved in the matter are many and highly complex. Some
of these are highlighted below:-

(i) The magnitude of the problem is too huge to be solved by
demolition/forcible action alone. Even though no scientific survey has
been carried out, it was reported that a hurried sample survey
conducted by MCD recently suggests that in about 60-70% of the
residential units, some portion(s) of the building could be
unauthorized and/or in violation of the permissible use. On this
assumption, the number of families who will be affected by this drive
would be very large.

(ii) Since action has been initiated on a large scale, there are allegations
of harassment by the field staff and a genuine apprehension, nay
panic in the minds of the people about the abuse of misuse of power
by the filed functionaries.

(iii) It has been widely reported and can be easily assumed that there
exists an unholy nexus between the builders, municipal body officials
and local level political leadership, under whose patronage
unauthorized constructions and misuse have continued for decades.

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(iv) While unauthorized constructions and misuse in approved and
authorized regularized colonies is being tackled in terms of the
Court orders, it does not apply to the unauthorized colonies in Delhi
that numbers more than 1400. Even though the question of
regularization of these colonies is being separately examined, the fact
remains that unauthorized construction in these colonies is not being
touched. This would mean an element of discrimination in the
enforcement of the law.

(v) All unauthorized constructions in approved and/or authorized colonies
cannot be equated. In terms of seriousness of the violations, these
could be categorized as follows:-

(a) Unauthorized encroachment and/or construction on public
land;

(b) Unauthorized construction without any sanctioned building
plans;

(c) Unauthorised commercial construction or misuse;

(d) Large scale commercial, industrial or institutional construction
in Lal Dora areas; and

(e) Minor unauthorized construction or misuse in sanctioned
buildings.

3. Looking at the complexities of the problems and issues involved in the
matter, it was, therefore, felt that an Expert Committee may be set
up to assess the extent of unauthorized construction in residential and
other premises and also misuse of premises for the purpose other than
permissible under Master Plan and Zonal Development Plan and to
suggest the strategy to deal with the problem in an effective manner.
It was, thus decided to set up a Committee, headed by an eminent
person with requisite experience in the field along with professionals
and experts and also two elected representatives to provide inputs
from the peoples perception.

4. Accordingly, a Committee was set up by the government of India,
Ministry of Urban Development vide office Memorandum No. K-12016/
1/06-DDIB dated 14.2.2006. The Committee comprises of the
following:-
1. Shri Tejendra Khanna, Chairman
Former Lt. Governor of Delhi

2. Sayed S. Shafi, Member
Former Chief Planner, TCPO

3. E.F.N.Ribeiro, Member
Director, Association of Urban
Management and Development
Authorities

4. Dr. S.C.Vats, Member
M.L.A., Delhi

5. Dr.Harsh Vardhan, Member
M.L.A., Delhi


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6. Dr.M.M. Kutty, IAS, Secretary
Additional Commissioner, MCD

5. The Terms of Reference of the Committee are as follows:-

(i) To make an assessment about the magnitude of the
problem of unauthorized constructions and misuse of
premises;

(ii) To assess various types of violations and put them in
broad categories in terms of the nature and extent of
these violations;

(iii) To identify the underlying causes leading to these
violations;

(iv) In the light of the above, suggest a feasible strategy
to deal with various issues involved in the matter;

(v) To recommend policy guidelines and development
control norms for regulating construction activities in
Lal Dora and extended Lal Dora areas of Delhi.

(vi) To recommend measures to prevent recurrence of
such violations in the future, including the structure
and accountability of the enforcement machinery;
and

(vii) To consider any other matter incidental or related to
the Terms of References mentioned above.

6. The Committee has been requested to finalize its
recommendations within a period of three months.

1.3 In pursuance of its mandate, the Committee decided to invite written
representations from all interested persons and groups on the matters
comprised in the terms of reference and also invited Representative
Groups to place their points of view before the Committee through
personal hearing. Advertisements, in this behalf, were published in
several leading English and vernacular language newspapers.
Communications by e-mail were also enabled at Committees E-mail
address: (tkc-mud@nic.in). The English version of the Advertisement
published is appended hereto as Annexure-I.

1.4 In response to the advertisements issued, over 1500 written
representations were received by the Committee. Leaving aside the
representations from individuals, those received from various Groups
and Associations have been listed at Annexure-II.

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1.5 As a part of the process of face to face interactions with interested
groups, the Committee held 20 sittings and heard 86 such Groups.
The List of Groups met by the Committee appears at Annexure III.

1.6 The Committee held meetings with the Chief Minister of Delhi, the
Leader of the Opposition in the Delhi Legislative Assembly, Honble
MPs from Delhi (Lok Sabha & Rajya Sabha), the Mayor of the
Municipal Corporation of Delhi, Chairman of the Standing Committee
and Leader of the Opposition in the Municipal Committee, as well as
elected Members of the DDA Advisory Board. The Committee also met
important officials, viz., Chief Secretary, NCT of Delhi, Commissioner of
Police, Vice-Chairman, DDA, Commissioner, MCD and the Special
Commissioner, Delhi Police, Dr. (Mrs.) Kiran Bedi. The Chairman also
called on Shri P.K. Dave, former Lt. Governor of Delhi and presently
Chief Executive, Common Cause, to elicit his valuable views.

1.7 Though every effort was made to accommodate the maximum number
of requests for public hearing, on account of the limited time available
and the necessity of submitting the report within the period assigned to
the Committee, it has not been possible to entertain all such requests.
Nevertheless, the Committee has been able to identify the key issues
and take on board important views and suggestions placed before it,
both in person and in writing.





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CHAPTER 2
2. Basic Approach

2.1 In addressing the complex problem of large scale infringement of
Building Bye-laws and Development Control Norms (referred to as the
Building Code) and non-conforming uses of land, the Committee has
been guided by the following broad considerations :-

(1) Promoting and safeguarding the welfare of citizens, has to
be the primary objective of all public policy making and
implementation;

(2) Public policies and regulations should not only be
transparent, simple, and easily understandable but should
be framed, taking into consideration the views and legitimate
interests of all stake-holders, in an open, interactive
manner;

(3) If any set of regulations result in a majority of people being
categorized as violators/offenders, the Regulations
themselves need to be carefully reviewed, rather than being
regarded as inviolable and cast-in-stone.

(4) Delhi, the national capital, is home to people, belonging to
many different socio-economic groups. Their ways of life and
genuine needs cannot be catered to by a one size fits all
solution. Carefully differentiated policies have to be
formulated to safeguard their distinctive needs. For
example, while some people may prefer full segregation
between their place of residence and place of work, others
may prefer to live and work from the same premises both out
of economic compulsion and habit.


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(5) The urban planning paradigm including land-use policies
should reflect special sensitivity to the needs of lower rungs
of society, with particular reference to workers, small
entrepreneurs, traders, service- providers, etc.

(6) The planning process, including plan implementation, is
meant to anticipate future needs and cater to them
adequately. If planning exercises leave large gaps relative
to the actual needs of the people by way of residential,
commercial and institutional areas etc., and no effective
institutional mechanisms are provided to bridge such gaps,
the people cannot be held entirely responsible for adopting
rough and ready solutions.

(7) Once realistic and people-friendly policies/regulations have
been laid down, they should be effectively and honestly
enforced, with stringent penalties for violators. The
Enforcement machinery should function independently and
should be insulated from extraneous pressures. Its
performance should be closely monitored. A general public
perception should be created that Government is serious in
its intent and anyone indulging in violations will be required
to pay a heavy price.

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CHAPTER 3
3. Delhi General Scenario

3.1 Delhi, as the capital city of a growing and developing nation, has
witnessed a massive increase in population since Independence.
Starting with just about 7.0 Lac people at the time of partition, the
National Capitals current population has crossed 14.5 million (145
Lacs) reflecting a nearly twenty-fold increase. During the same period,
the countrys population which was just over 350 million in 1947, has
risen to 1.1 billion at present, corresponding to a three-fold increase.
Delhi, apart from being the seat of the Central Government and the
Delhi U.T. Government, shelters diverse entrepreneurial activities
including many small scale and cottage industries, a gamut of trade
and commercial activities ranging from wholesaling to retailing and a
host of services including education, healthcare, transport, etc. The
1982 Asiad Games brought in a surge of construction activities
including setting up of new hotels and high-rise commercial and office
buildings and drew in a large number of construction workers. In the
absence of any pre-arranged housing facilities, the workers who were
employed in the factories established in the designated industrial
areas, as also those working in household-based small-scale and
cottage industries, started living in unauthorized jhuggi-jhopris (slum
clusters), set up on vacant public lands. It is estimated that nearly a
quarter of Delhis population is living in slum-clusters on government
lands in different parts of the city. From time-to-time, the Slum and JJ
Wing of the Municipal Corporation of Delhi has relocated segments of
such residents to outlying peripheral areas by allotting them small plots
in their resettlement colonies. However, these efforts have not made
any pronounced difference in the situation. In addition, under pressure
of continued in-migration from other parts of the country, unauthorized
colonies have been established both on privately owned lands falling in
the Agricultural land-use Zone, as also on encroached Government
lands. No planning norms have been adhered to in such settlements.

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As can be expected, the pattern of non-differentiated land also exists in
such colonies. Likewise, within the Lal Dora areas of villages which
have come within the zone of urbanization, various mixed land-use
activities have been undertaken, inter alia, under the umbrella of the
1963 Notification exempting persons living in Lal Dora areas from the
requirement of obtaining prior approval of Building Plans.

3.2 Under the Delhi Development Act 1957, the DDA was not only charged
with the task of preparing a Master Plan for Delhi but was also
designated as the sole custodian and developer of land acquired for
urbanization Private builders/real estate developers were deliberately
left out of the urban development process. The land policy of
urbanisable land in Delhi, was enunciated by the Government of India
under which it was declared that all such land will be acquired and
placed at the disposal of the DDA for the purpose of planned
development.

3.3 The initial Master Plan framework for Delhi was developed by the
erstwhile Town Planning Organisation of the Government of India in
the shape of an Interim General Plan (1956). It was followed by a
comprehensive Perspective Plan, the first Master Plan (1962-81). It
was developed by a Planning Team which included Sayed S. Shafi, a
distinguished Member of the present Committee. Base data for that
Plan were gathered through a number of surveys and studies
conducted by the erstwhile Town Planning Organisation set up in
parallel to the establishment of the Delhi Development Authority under
an Act of the Indian Parliament in year 1957. The work studies and
surveys covered the entire city. Besides several towns around Delhi in
its metropolitan region, later defined as the National Capital Region
(NCR).

3.4 It is evident that the failure of the public land-owning agencies like
DDA, MCD and L&DO to protect the lands under their control gave an
opportunity to encroachers to establish and expand their settlements
on such lands. Elements of the land-mafia and builders-mafia also
took full advantage of the apathy, if not collusion, of the public land-

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owning agencies. The enforcement machinery, whether of the DDA or
the MCD, could not effectively perform the duties envisaged under the
DD Act,1957 in an alert and effective manner. In the meantime
unscrupulous colonisers took advantage of the lax atmosphere and
engaged doing things as they pleased resulting in the proliferation of
un-authorised colonies and unplanned developments in areas
proposed for future development in the national capital.

3.5 That the DDA has not been able to cater adequately to the expanding
needs for residential, commercial and institutional space, is an
undeniable fact. Applicants who had applied to the DDA for allotment
of housing flats or plots have had to wait for 15-20 years, or even
longer, for their turn. A presentation made to the Committee, based on
DDAs published Reports, by the Chairman and Managing Director of
HUDCO, has brought out the stark fact that, since DDA started its
activities, it has only been able to provide 16% of the targeted built-up
area designated for commercial purposes.

3.6 Apart from the spread of unauthorized colonies, steady increase in
migration to Delhi over the decades since 1960 has imposed a severe
burden on the civic infra-structure of the city, with particular reference
to adequacy of water supply, sanitation services, drainage, sewerage,
etc. The per capita water availability has been coming down sharply
and the shortage has been exacerbated by the reluctance of
neighbouring states to release more water to meet the needs of Delhis
growing population, mainly through large scale escalation in-migration
to Delhi from the States of UP, Punjab, Haryana and Rajasthan
stretching the basic infra-structure for waste disposal, including
drainage/sewerage has been under severe strain meanwhile the
augmentation projects as well as effluent treatment facilities could not
keep pace with the cumulative increase in requirements. The highly
degraded condition of river Yamuna which has been noticed by the
Honble Superior Courts as well as environmental groups bears a sad
testimony to the serious inadequacy of the citys effluent management
facilities.

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3.7 It is also a matter of persisting concern that administrative
arrangements for the National Capital Territory of Delhi (NCTD) are
badly fragmented. While, the final responsibility for coping with Delhis
problems, it being a Union Territory, rests with the Union Ministries
concerned, the splintering of powers between the Lt. Governor, the
Government of Delhi headed by the elected Chief Minister and the
Municipal Corporation of Delhi comprising 134 elected and 10
nominated members along with the nominated New Delhi Municipal
Committee (NDMC), has made the work of effective policy formulation
and its implementation, both diffuse and difficult.

3.8 It is an anomaly that while Delhi Government gives a substantial chunk
of funds by way of budgetary support to the MCD, but it has no voice in
determining the priorities of projects intended to enhance the capacity
and quality of civic services. The Delhi Government established in
1993 cannot, as of now, issue any mandatory advice/direction to the
MCD even in matters of over-riding public interest, though, logically,
MCD should function under the control of the Delhi Government, on the
pattern of Urban Local Bodies in other states.

3.9 Likewise, in the matter of interfacing with the Delhi Development
Authority for the preparation and updating of the Master Plan for
Delhi(MPD), the Delhi Government, as also the MCD/NDMC have had
only a marginal role to play. As mentioned to the Committee during
personal hearing MCDs suggestion, that DDA should carry out a
ground-reality survey of the situation prevailing in 2001 vis--vis the
actual prevailing nature of land use, population density, presence of
absence of basic infra-structure requirements, etc. before undertaking
the Plan review and its future projections, was not taken on board by
DDA. The grievance of the elected Government of Delhi is that they are
not kept in the picture about overall land-use planning and land-
allocation for different purposes in the NCT of Delhi, by the DDA, which
is the designated planning authority.

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CHAPTER 4
4. Salient views placed before
the Committee


4.1 As already mentioned, a large number of delegations representing
various interests have interacted with the Committee during personal
hearings. This wide spectrum has covered Resident Welfare
Associations, associations of traders, architects and town planners,
farm house owners, representative bodies of professional institutions,
such as Delhi Medical Association, whose members are engaged in
running clinical laboratories, diagnostic centers, imaging centers,
Institutions providing educational services including computer
courses, language courses, etc. and specialty trade bodies dealing
with the marble trade, furniture trade, timber trade, trade in iron and
steel required for construction activity, Associations of goods
transporters, Authorized dealers and service agents for motor
vehicles, Associations of banquet hall proprietors and Associations
representing the interests of residents living in Lal Dora/extended Lal
Dora areas as well as persons representing socio-cultural and
religious institutions.

4.2 The Committee also received useful professional inputs from the
Chairman and Managing Director of Housing and Urban
Development Corporation (HUDCO), Prof. K.T. Ravindran of the
School of Planning and Architecture, Shri K.P.Singh, Chairman DLF
Group and Shri Dunu Roy of Hazards Centre, a Social Activist
representing the interests of residents of JJ Clusters.

4.3 While delegations representing people from the more densely
populated parts of the city including the walled city of
Shahjahanabad, Shahdara, Rehabilitation Colonies established after
Partition and the plotted colonies established in the 1960s and early
1970s (where commercialization/mixed land-use activity by way of
running of shops, cottage and small scale industries and other

12
commercial establishments, etc. has been part of daily life for over
30 years), have urged that their normal activities should not be
disrupted, those living in the more well-to-do plotted colonies are
stoutly opposed to any type of commercialization of residential
premises under the garb of mixed land-use. The latter have drawn
attention to the threat of creeping commercialization, etc. on account
of the increase in non-residential activities, which have resulted in
congestion on roads, noise pollution and qualitative decline in their
peaceful living environment, which should normally be a feature of a
residential neighborhood.

4.4 People have spoken about the inadequacies of DDA, as a planning
agency, because of its apparent disconnect with ground realities and
its practice of adopting a top-down planning approach, with little real
consultation and debate with external independent professionals on
the one hand and with societys other stake-holders, on the other.

4.5 Serious shortages in DDAs supply of planned housing, commercial
and institutional spaces/amenities, relative to the demand, have been
underscored. The housing shortages have led to the emergence of
unauthorized colonies and slum clusters, while that of commercial
and institutional spaces have resulted in the use of a portion or whole
of residential premises for commercial/institutional activities.

4.6 At the same time, the representationists have spoken about the high
levels of ecological stress imposed by Delhis growing population, vis-
-vis, inter alia, the shortage of water and serious inadequacy of
waste disposal facilities. The reduction of the green cover, loss of
natural water bodies, failure to maintain the sanctity of the Ridge, and
serious pollution of river Yamuna, have been cited as important
concerns bearing on Delhis sustainability as an urban habitat.

4.7 It has been pointed out that Delhis problems cannot be looked at or
addressed in isolation and can only be dealt with meaningfully in the
larger context of the National Capital Region, with other neighbouring

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towns providing economic opportunities as well as social infra-
structure, for arresting the daily stream of urban migrants.

4.8 The problem of weak enforcement of relevant regulations by
Government Agencies particularly, the MCD, DDA and Police, on
account of lack of serious intent, rank dishonesty, extraneous
interference, etc. has been under-scored as one of the principal
reasons responsible for creating a general perception that laws and
regulations can be flouted with impunity.

4.9 Barring representatives of some of the Residents Welfare
Associations (RWAs) from the relatively well-to-do colonies, who
expressed serious apprehensions about gradual commercialization
entering their colonies and making them unlivable, the view projected
by a large majority of other interlocutors was that they were quite
comfortable with their pattern of mixed land use, and they should not
be made the victims of an impractical, segregated land use policy,
having little correlation with socio-economic ground realities. It was
pointed out that, in the absence of an adequate number of planned
commercial and institutional sites, people have taken recourse to
using either their own or hired residential premises for undertaking
commercial and institutional activity, including the provision of
services connected with education and healthcare. By and large,
these activities have not adversely affected the interests of other
residents. However, if any independent audit by the citys planners
and regulatory authorities comes to the conclusion that running of
such establishments from residential houses was actually causing
serious public inconvenience, they would be willing both to co-
operate in creating necessary facilities to safeguard the interests of
the other residents, or to shift to designated commercial or
institutional areas, as the case may be, provided such sites were
allotted to them at reasonable rates and they were not expected to
bid for them in open auctions. Several of these interlocutors
emphasized before the Committee that, not to provide adequate
alternative commercial/institutional sites on the one hand and to

14
disallow such activities from existing residential sites on the other,
would be tantamount to infringement of their Fundamental Right
under the Constitution to practice any profession or to carry out any
occupation, trade or business.

4.10 Many of the trade associations representing areas, which first
developed as post-partition rehabilitation colonies, said that the
practice of undertaking commercial activities from their residential
premises had been the norm from the first day. Over the years, in
some areas, commercial activities had got extended to virtually the
entire premises, such as in parts of Karol Bagh, Lal Quarter Market,
Krishna Nagar, East Delhi, Lajpat Nagar Phase II, Chandni Chowk,
Sant Nagar Market, Kamla Market, etc. Not to recognize this reality
and to try to force the people back to using only their ground floor for
commercial activity under the so-called Mixed Land Use policy,
envisaged in the MPD 2001-2021 Draft would have serious negative
consequences for a very large number of people in these areas.

4.11 It has also been submitted before the Committee that along major
roads and Metro corridors, houses directly abutting on such roads
and corridors are no longer suitable for residential use because of
noise pollution, poor air quality and lack of privacy. As such, any
stretches where substantial commercialization has already taken
place over the preceding decades should be formally designated and
recognized as a commercial strip. The persons concerned have
readily offered to pay land use conversion charges to the appropriate
authorities. For new areas covered by such major roads and metro
corridors, specific proposals may be considered on merits by the
proposed Delhi Urban Regulatory Authority.

4.12 The Association of Timber Traders from Vikas Marg, East Delhi, who
had established a timber market a few decades ago by buying
agricultural land in that area from farmers, offered to voluntarily
release land from their present commercial premises for widening the

15
carriageway along their market, as may, as may be required by the
public authorities concerned.

4.13 In general, the Committee got the sense that the concerned trade
associations were willing to abide by any reasonable conditions which
may be imposed by the Regulatory authorities to safeguard general
public interest and convenience, on the understanding that their
ongoing activities would not be shut down.

4.14 Some other note-worthy suggestions made to the Committee either
in writing or during personal hearings are as follows:

(1) A full-fledged and empowered NCR Development Authority
should be established with sufficient funds to encourage
development of housing and related infra-structure in
satellite towns of NCR Region along with rapid and
affordable multi-modal transport links between Delhi and the
satellite towns, which could come under the control of a
Unified Metropolitan Transport Authority (UMTA).

(2) DDA should be allowed to buy and hold land in the NCR
Region in modification of its current statute, to create low
cost housing.

(3) Zonal and sub-Zonal maps of Delhi should be put on Digital
Data-base by DDA on the pattern of what has been done by
the Bangalore Development Authority.

(4) A comprehensive land inventory along with ownership
details should be drawn up at the earliest for the whole of
NCT of Delhi and put on a Digital Data-base. In the absence
of this, public land ownership has been a grey area with the
buck being passed between L&DO, DDA, MCD and other
such agencies and the land-mafia taking full advantage of
the lack of clarity on the subject.

(5) Private Developers should be allowed to set up approved
Colonies on vacant lands, which have been earmarked for
urbanization, in accordance with the land-use zoning
guidelines. Monopoly in this behalf should no longer remain
with the DDA.

(6) Separate Building Code regulations are needed for different
areas of Delhi, viz., Walled-City, Lutyens Bungalow Zone,
pre-1958 Colonies and post-1958 colonies, etc.


16
(7) For disposal of commercial plots/flats and sites by DDA, the
principle of fixing the reserve price followed by draw of lots
should be the modality, rather than the auctioning of such
sites, which artificially pushes up prices due to the scarcity
factor.

(8) Until now, DDA had been deliberately restricting the supply
of commercial sites, in order to artificially push up the
auction bids.

(9) Since its inception, DDA has only constructed 3.3 lac
housing flats, whereas the population of Delhi has risen from
about 15 lacs to nearly 150 lacs during the same period.

(10) Along major roads and DMRC Metro Corridors,
commercialization of the entire strip abutting on the
road/corridor should be permitted.

(11) The policy of giving 21 sqm plots to slum dwellers for their
re-location should be reviewed, since it has indirectly
rewarded encroachers and encouraged fresh
encroachments.

(12) The land vacated by the shifting of polluting industries from
inner industrial areas may be allowed to be put to
commercial/institutional/residential use on the basis of
redevelopment plans to be approved by DDA.

(13) RWAs should be empowered and accorded legal
recognition.

(14) Building Code regulations should be substantially simplified
by prescribing only external controls while freeing internal
lay-out details. The latter should be made subject to
certification by qualified registered architects that the overall
building norms vis--vis health, safety and development
control are being complied with.

(15) Individual Village Development Plans should be prepared in
consultation with the residents, for all Lal Dora and Extended
Lal Dora areas.

(16) In Unauthorised colonies, the door should be opened for
land-pooling and re-development through the agency of
private developers, who may be allowed to build high-rise
flatted accommodation, etc. based on plans to be approved
by DDA and MCD.

(17) Urban Panchayats should be set up for every 1,000 or so
families. They should be allowed to elect 2-3 members who
would be their designated representatives. The Urban

17
Panchayats should be consulted in matters concerning
development of Local Area Plans, issues concerning land-
use, priority for undertaking local development projects,
monitoring of local development works and surveillance over
building and land-use violations and encroachment on public
land.

(18) DDA should act as an Enabler Planner Facilitator and
should not get bogged down in actual construction activities
whether for housing or for other infra-structure.

(19) All whole-sale markets should be moved out from within the
city to the periphery. Alongside such markets, Goods
Transport Yards should be built to facilitate movement of
freight carrying vehicles.

(20) Strict action should be taken against builders who violate
Building Codes. All of them should be compulsorily
registered and the registration of defaulters should be
cancelled.

(21) Since building materials, such as marble, timber, steel etc.
are needed in all parts of the city, the concerned traders may
be allowed to ply their trades from existing locations under a
flexible land use policy, as long as they are not seen to be
causing inconvenience to the general public.

(22) Institutions providing professional and vocational learning on
a decentralized basis may be allowed to operate from
residential areas. Since, India aims to become knowledge
super-power, institutional facilities for providing value-added
education should be allowed to operate from residential
areas, subject to general public convenience not being
jeopardized.

(23) While urbanizing the remaining agricultural areas to cope
with Delhis future needs, pre-existing cultural-religious
institutions, which serve an important social purpose in
preserving the countrys ethos and basic values, should be
recognized and accommodated, in-situ.

(24) There is a need for a grass-rootsup planning system for
the city rather than a top-down system. The inter-active
planning process should actively involve the local
community.

(25) The role of DDA should shift from development to planning
and regulation.


18
(26) Private developers should be allowed to construct
residential, commercial and office premises, to improve the
supply side of the equation.

(27) Cable Service providers should be allowed to operate from
residential areas, since their services are provided either for
a particular Colony or a part thereof and they cannot run
their cables over long distances from any commercial
complex.

(28) In the absence of a sufficient number of venues for weddings
and the restrictions on the use of Farm Houses and Public
Parks for holding such functions, a great dearth of such
venues is being experienced. Hence, sites for Banquet Halls
should be earmarked all over the city through the Planning
process.

(29) Special fast track Courts should be established for settling
cases of Building Code violations and stringent punishments
should be accorded.

(30) An overall Central Parking Authority should be created for
overseeing development of parking complexes throughout
the city.

(31) Building Code regulations may be liberalized in accordance
with the recommendations of Prof V.K. Malhotra Committee
Report of 2000.

(32) Use of Ground floor for commercial purpose should be
allowed on as is where is basis, irrespective of the width of
the road.

(33) DDA markets should be re-developed with additional floors.

(34) Additions and alterations may be allowed in DDA flats as
long as they do not affect structural stability, subject to the
payment of compounding fees.

(35) Basements may be permitted for professional use, from
other than merely for parking and servicing the building.

(36) No registration of immovable property transactions should be
permitted without full verification of title.

(37) Keeping in view the paucity of accommodation for tourists,
Guest Houses and Offices of Registered Tour Operators,
may be permitted to operate from residential zones as long
as they do not cause any public nuisance.


19
(38) Keeping in view the water shortage, water harvesting should
be made a compulsory element of building regulations, for
plotted accommodation above a certain size.

(39) High capacity Bus Zones and Metro corridors could be
declared commercial.

(40) A 300M stretch around Lal Dora should be included as
extended Lal Dora keeping in view, the increase in
population and natural growth of the village abadi since
1908, when the original Lal Dora had been demarcated.

(41) No planning provision has been made for siting of
Automobile Authorized Workshops. Since they require
sufficient area, they may be allowed to work from the present
agricultural land-use zones by paying the necessary
conversion charges.

(42) Delhis current situation has arisen from multiple failures
including those of

(i) Planning;
(ii) Governance; and
(iii) Implementation.

(43) Artificial sanitization/division between places of dwelling and
work is not natural, being a legacy of the Industrial
Revolution in UK, which had witnessed high levels of
pollution in the vicinity of factories.

(44) DDAs planning process is highly flawed. An outside body of
experts should be asked to examine DDAs planning process
failures and deficiencies, since the current planning has not
taken adequate care of three important elements, viz.,

(i) Nature;
(ii) Built heritage; and
(iii) Poor.

(45) DDAs plans have not taken into account the far-reaching
technological and economic changes brought about by the
IT revolution and globalization.

(46) Institutional plots meant for education and medical services
should not be auctioned but should be allotted to qualifying
organizations on the basis of draw of lots.

(47) 200 houses on both sides of the Vikas Marg have been
improperly commercialized and are making the lives of
residents in the neighbouring planned colonies miserable.
Such institutions should be relocated to designated

20
commercial markets in these areas, which still have a
number of un-allotted shops.

(48) DDAs inherent planning capacity has not kept pace with the
modern developments and has been sub-optimal.

(49) DDA has not involved stake-holders in a meaningful way,
while evolving its plans for the city.

(50) The estimated shortfall in housing in NCT of Delhi is 72%
and that in respect of authorized commercial spaces is 84%.

(51) The large scale acquisition of private lands by the DDA for
the purposes of city development and its non-use for many
years encouraged large scale encroachments and
construction both of innumerable jhuggi clusters as also
unauthorized housing colonies. [Common Cause]

(52) Management and overall control over the Administration of
Delhi should be concentrated in a single Department,
preferably in the Ministry of Urban Development.
[Common Cause]

(53) Residents need for essential services can be met by
selective commercialization for obtaining daily necessities,
dispensaries, doctors clinics and nursing homes limited to
the requirements of each locality, determined in consultation
with the RWAs. [Common Cause]

(54) Highest priority should be accorded to the rehabilitation of
Jhuggi clusters through autonomous Housing Corporations
in the public sector. [Common Cause]

21
CHAPTER 5
5. Magnitude of Unauthorized Construction and
Misuse of Premises in Delhi

5.1 In assessing the magnitude of the problem of unauthorized
construction and misuse of premises it has to be recognized that during
the period 1961 up to mid 1970s when the citys development
proceeded more or less on planned lines as per MPD (1961-81), DDA
developed land for a number of housing colonies and other facilities.
However, for the last nearly 3 decades, the citys development has
spilled over into large unplanned areas with associated unauthorized
construction. According to the note submitted to the Committee by
MCD, as against the 438 regular and approved colonies on 1.1.1994,
there were as many as 1641 unauthorized colonies awaiting
regularization. There are also 60 Re-settlement colonies established
by the Slum & JJ Wing of MCD, inhabited by nearly 15 Lac people.
The unauthorized colonies account for a population of nearly 35 Lacs.
Over and above these, there are another 30 Lac persons estimated to
be living in 6 Lac Jhuggies spread over 1200 Jhuggi-Jhopri (JJ
Clusters). If these three components are added, it can be seen that
over 55% of Delhis residents are living in colonies other than in regular
ones.

5.2 Persons living in the unauthorized colonies and JJ Clusters, etc. have
obviously not gone in for any sanctioned building plans. Hence, the
units in which they presently reside, fall entirely in the unauthorized
construction category.

5.3 Even in the regular colonies, a substantial number of violations of
Development Control Norms and Building Bye-laws have been noticed.
Such violations cover one or more of the following breaches:-

(1) Excessive Ground coverage without leaving mandatory set-
backs;


22
(2) Excessive Floor Area Ratio coverage (FAR);

(3) Violation of height restriction;

(4) Extension of Building over public streets and other open
spaces meant for public utilities;

(5) Construction of unauthorized balconies, etc. in DDA flats as
well as in Group Housing Society flats, leading to building-
safety concerns;

(6) Construction of additional floors in Lal Dora and Extended
Lal Dora Buildings, without reference to safety issues.

5.4 With the heavy pressure on finite land resources and high land prices,
people living in the smaller plotted colonies and also Group Housing
Flats have tried to enlarge their living spaces in one way or the other.
Many representatives who met the Committee in public hearings
including those from urbanized villages spoke about the practical
compulsion to accommodate their growing families, comprising children
and grand-children. The Committees perception is that many of the
violations occurring in these areas have been driven by genuine need.

5.5 On the other hand, in the more well-to-do colonies, where flats fetch
very high prices, Builders, who have bought plots from individual
owners and constructed Apartment Buildings, are believed, in several
instances, to have violated restrictions regarding ground coverage and
FAR, to secure additional saleable, floor area. In their case, the
Development Control and Building Bye-law violations have been
prompted more by the intention of making hefty profits.

5.6 The statement furnished by MCD regarding unauthorized constructions
booked by them between 1.1.2001 up to 31.12.2005 ( copy at
AnnexureIV ) shows that against the total of 20,080 cases booked,
2046 (10.29%) pertain to unauthorized additions and alterations in
DDA Flats while 3035 cases (15.1%) pertain to those where extra
floors have been constructed beyond the permissible limits. In about
60% of the cases, deviations have been made vis--vis the Sanctioned
Plans, either by way of excessive coverage or infringement of

23
mandatory set-backs or both. The Committees view, based on the
feedback received by it is that the actual number of development
Control and Building Bye-laws violations on the ground are much more
numerous, than the 20,000 or so violations booked by the MCD. If a
Voluntary Disclosure Scheme, followed by a policy of Regularisation,
wherever feasible, as suggested in Chapter 8 of the Committees
Report is notified, it is expected that many more cases of violation will
be disclosed through self-declaration.

5.7 Coming now to the misuse of premises as presently defined, this has
occurred on an even greater scale, because of the wide gap between
the supply and demand for commercial and institutional spaces as well
as the unnecessarily restrictive and impracticable land-use policy
contained in the Master Plan. The fact that about 75%-80% of Delhis
inhabitants live in unauthorized settlements and small plotted colonies
and are engaged in trade, industry and service-related activities
including self-employment and further that they cannot afford the luxury
of living and working from segregated premises suggests that a flexible
land-use policy alone can meet their genuine needs. Furthermore,
keeping in mind that DDA has only been able to provide 1/5th or 1/6th
of developed commercial sites during the first 40 years of the Citys
planned development under its aegis, it would be reasonable to say
that the tenability of the charge of misuse of premises is itself highly
questionable. If 5 lac shops are operating in Delhi as mentioned in
some submissions to the Committee of which only 1 lac shops have
been officially provided by DDA, then by inference it would appear that
the remaining 4 lac shops are presently operating from unauthorized
residential premises.

5.8 Likewise, in respect of other institutions, such as, Schools, Nursing
Homes, Diagnostic Labs, Imaging Centers, Banquet Halls, Vocational
and Professional Training Institutes, Social-Welfare Institutions,
Offices, corporate offices, guest houses, etc. the wide gap between
planned institutional spaces and actual needs have led to many of such
institutions operating from residential areas.

24
5.9 In almost, all such cases of misuse of premises, there has neither
been any attempt by the users to get their non-conforming use
regularized from the land-use regulating authority nor has there been
any attempt by DDA authorities responsible for land use planning and
development of appropriate commercial/institutional sites, to either to
make the land-use policy more realistic or to substantially augment the
supply of such sites, thereby rectifying the sharp imbalance which has
been subsisting for several decades between Demand and Supply.

5.10 Another type of misuse of premises which is quite widespread relates
to the use of basements for purposes other than parking and servicing
of the building as per current regulations.

25
CHAPTER 6
6. Types of Violations - Broad Categories,
Nature and Extent

6.1 In Para 5.3 of the Report, various types of Building Code violations
which have occurred in many parts of the city have been listed. In the
case of construction carried out in unauthorized colonies, rehabilitation
colonies and slum clusters neither have any building bye-laws been
applied, nor complied with. In these cases, the solution to the problem
lies in first bringing them within some workable ambit of basic planning
and then deciding whether the individual structures can be regarded as
safe from structural angle and also tenable from the general standpoint
of Building Code. Regulations. In all likelihood, special norms and bye-
laws may have to be applied to such colonies in order to regularize
structures which are not unsafe and also not completely out of line with
essential Building principles.

6.2 If one goes by numerous oral representations as well as documentary
submissions, it could be inferred that 70-80% of all structures presently
standing in NCT of Delhi are in one way or another, violative of Building
and Development Control Regulations. Even in respect of buildings
constructed in approved colonies, it has been mentioned that the paper
work and formalities required to be completed for getting Building Plans
sanctioned or for obtaining a Completion Certificate are so tedious that
the building owners prefer to take unethical short-cuts.

6.3 As regards misuse of premises, these fall particularly into the following
categories:-
(1) Use of either a part or whole of the residence for commercial
activity;

(2) use of whole or part of residential premises for institutional
purposes, such as, running a School, Nursing Home, Guest
House, Office, Professional Teaching Institutions, including
computer courses, language courses or other specialized
professional courses, etc.

26

(3) Use of residential premises as Banquet Halls;

(4) Use of Plots falling in industrial areas from where polluting
industries have been shifted out, for establishment of Show
rooms, Banquet Halls, Offices, Banks, etc.

(5) Use of Basements for purposes other than parking and
servicing of the building.

6.3.1 In relation to the first type of misuse cited above, this further falls
into the following distinct categories :-

(i) Use of Residential premises either partly or wholly for
commercial purposes when these are situated along
major roads, such as, Ring Road, zonal roads,
peripheral inter-colony roads, etc.

(ii) Running commercial establishments along roads
within residential colonies either in the immediate
proximity of designated market centers or otherwise.

(iii) running of commercial establishments from residential
premises situated in the Lal Dora or extended Lal
Dora, without reference to any minimum road width
stipulation;

(iv) Running of shops/commercial activities on all floors in
certain areas even though they have not yet been
declared commercial and still fall under the category
of mixed land-use.

(v) Running of shops from premises having plot size less
than 100 sqm and road width less than 9M, in several
densely populated areas.

6.3.2 As regards use of residential premises for institutional purposes,
considering the fact that legally allotted sites for Hospitals and
Nursing Homes, etc. may hardly be covering 25% of such
institutions actually operating in NCT of Delhi, it will not be an
over-estimate to infer that 75 to 80% of such institutions are, in
practice, operating from residential premises. Besides,
Diagnostic Centers and Imaging Centers which also provide
health care related services are also working from residential
areas.

27

6.3.3 In addition, a large number of professional training institutions
like National Institute of Information Technology (NIIT), Akash
Tutorials, In-Lingua (Languages Training Institute) etc. also
operating from residential areas, keeping in view the ease of
access and convenience of such locations for students attending
the courses, before or after normal school/college hours.

6.3.4 The paucity of budget hotel rooms in the city has also generated
a considerable demand for Guest Houses, many of which, duly
licensed by Delhi Police, are operating from residential areas. A
delegation of Guest House proprietors met the Committee and
requested that a recent Order of DCP Licensing not to allow
Guest Houses having more than 15 guest beds to function from
residential areas, has caused consternation, keeping in view the
paucity of alternative approved sites.

6.3.5 In a submission made to the Committee during public hearing,
the Banquet Halls Association stated that presently 248 such
banquet halls are operating in Delhi, 18 from commercial areas,
46 from industrial areas, from where polluting industries have
recently been shifted out, and the balance 184 from residential
areas. They fulfill an essential community need, considering the
absence of other alternatives and the restrictions on using public
parks and farm houses for hosting weddings. It has been urged
that the minimum permissible area for the establishment of
banquet halls should be reduced from 330 sqm to 200 sqm,
because in many of the newer colonies, the maximum plot size
has been reduced by DDA to 200 sqm. On the other hand, some
RWAs have protested against running of Banquet Halls in
residential areas because of the high level of noise pollution,
public nuisance, parking congestion and creation of insanitary
conditions, caused by such Halls.


28
6.3.6 A large number of corporate offices, offices of NGOs and
smaller/personal business offices are also operating from
residential premises. Representatives of such users have urged
before the Committee that neither are there enough alternative
sites nor can they afford to buy or rent formal office spaces to
carry on their day-to-day work. They have stated that they are
ready to take care of any genuine complaints regarding public
inconvenience, if they are allowed to continue to work from their
current locations.

6.3.7 In regard to the use of erstwhile plots/flats in industrial areas
from where polluting industries have been shifted out in recent
times because of Supreme Court orders, representatives of the
Confederation of Indian Industries (CII) and PHD Chambers
have urged that the vacant premises may be allowed to be used
by the allottees for commercial purposes, such as, running of
Show Rooms, establishment of financial services outlets,
Departmental stores etc. Other types of service providers should
also be allowed to operate from such premises.

6.4 It has been urged before the Committee that, in practice, basements
are now being widely used for purposes other than parking and
servicing, viz., as part of professional working space by lawyers,
doctors, consultants, architects, etc. These premises are well lit and
ventilated, and are covered by adequate fire-safety precautions. Hence
the ground reality should be recognized and the basements allowed to
be used for a broader range of purposes other than solely for parking,
etc. as per current regulations. Since the area of the existing
basements had not been debited against the permissible built-up area
of the Building as per FAR restrictions, the use of the existing
basements should not be regarded as amounting to an FAR violation,
as long as adequate conversion charges are levied. However, for new
basements constructed hereafter and meant for general use, its
inclusion within the permissible FAR ceiling may be provided for.

29
CHAPTER 7
7. Underlying Causes leading to violations

7.1 The large number of violations involving unauthorized construction and
misuse of premises can be attributed to five distinct causes :-

(1) Failure of the planning and implementation process to take
account of ground realities.

(2) Supply-Side shortages in terms of legitimate spaces for
residential, commercial and institutional use.

(3) Unrealistic and cumbersome regulations including complex
Development Control Norms and Building Bye-laws and long
drawn approval procedures.

(4) Absence of a proper standing institutional mechanism for
seeking justifiable modifications/relaxations vis--vis the
existing Building Code and land-use regulations.

(5) Weak Enforcement.

7.2 In so far as the overall planning exercise taken by DDA is concerned,
by its own admission, the actual population increases both during the
period 1961-81 Plan and the period 1981-2001 exceeded the plan
projections by substantial margins. While a detailed house-to-house
Civic Survey had evidently been undertaken as a part of the first MPD
exercise (1962), to ascertain the then land-uses and dispositions, in the
subsequent exercises in the 1980s and now in connection with the
2001-21 MPD up-date, actual ground-level surveys as envisaged under
section 7 of the Delhi Development Act, 1957 were not undertaken, in
extenso. Some well-known professional town planners, who met the
Committee, observed that there is substantial divergence between the
base-line land uses assumed by the DDA while formulating its 2001-21
Draft update of the Plan and the actual position obtaining on the
ground. For example, many areas shown as falling in the agricultural
zone and available for further urbanization, have actually been under
JJ Clusters for the last 2 decades, or more. The overall macro-plan for
Delhi in 1990 was also meant to be disaggregated into 15 Zonal Plans.

30
Though we are already in the year 2006, only six Zonal Plans have so
far been published (two are understood to be under submission to the
Ministry of Urban Development), while the rest are yet to be worked out
in the required detail. What is even more striking is the virtual absence
of Ward and Local Area Plans (Lay-out Plans contemplated in the Delhi
Development Act, 1957), which are to be prepared for each of the sub-
areas falling in each zone.

7.3 It has been pointed out that in the spirit of the Constitution (Seventy-
Fourth Amendment), Ward Plans are meant to be prepared in
consultation with the elected representatives of the urban area, through
an open, participatory process. The 74
th
Amendment has not been
fully extended to the Union Territory of Delhi. However, there seems to
be no plausible reason to exclude Delhi from the scope of its provisions
through the formulation of Ward Plans and a Series of LAPs of the
local areas that constitute the Ward.

7.4 If the DDAs Planning processes had paid greater attention to
Bottoms-Up planning, focusing on the preparation of LAPs with the
underlying objective of catering, as best as possible, to the felt needs
of the people living or working in those local areas, many practical
deficiencies could have been identified and taken into consideration
while developing the plans at the aggregation levels, viz., for the zones
and for the city as a whole. An ideal planning structure, in the
Committees view, would be per the schematic diagram at Annexure V.

7.5 DDAs planning exercise also appears to have suffered from lack of
transparency and pro-active interaction with many different classes of
stake-holders from the lowest level of Jhuggi-Jhopri dwellers and
Rehri/Patri-walas on the one hand to reputed town Planners,
professionals and other representatives of civil society on the other.
The planning concepts and assumptions were not shared with the
public at the formulation stage. It is only when the Draft Plan had
already been worked out, that it was published in October 2005 to elicit
public comments or objections. Though thousands of objections were

31
filed, the Committee was told that no objector was sent a response
setting out reasons why the suggestion made by him was being turned
down. There could have been a series of open plenary meetings in
different areas of the city to let people know the implications of the
proposals made in the Plan document. Thereafter their opinions and
comments could have been elicited and taken on board, where justified
on merits.

7.6 To compound these planning deficiencies, the actual implementation of
certain components falling within the exclusive province of the DDA as
the developer of basic infra-structure in the Development Areas as
well as the provider of planned housing, commercial and institutional
spaces, has fallen well short of the targeted goals, by DDAs own
reckoning.

7.7 In a presentation made to the Committee by the Chairman-cum-
Managing Director, HUDCO in his concurrent capacity as Sr. Vice
President, Indian Buildings Congress, it was pointed out that in respect
of 15 District Centers which had been proposed in MPD 1961-81,
against the proposed floor area of 24.12 Lac sqm. the floor area
actually constructed had been only 5.18 Lac sqm., corresponding to
barely 20%. Likewise for the 22 District Centers proposed in MPD
1981-2001, against the proposed floor area of 96.13 Lac sqm., what
was actually constructed was 15.34 Lac sqm., corresponding to 16%.
A copy of the relevant data provided in the written Note of CMD,
HUDCO, may be seen at Annexure VI.

7.8 In the matter of providing developed housing sites and built-up flats
also, there has been a substantial shortfall on the part of DDA. This is
evidenced by the fact that against 438 approved colonies catering to
about 40% of Delhis population, since the commencement of the
planning process and 670 privately developed unauthorized colonies
(which were regularized in 1970s), there are as many as 1641 more
unauthorized colonies which have come into existence, to house
Delhis growing population. Besides this, there are nearly 1200 J.J.

32
Settlements housing nearly 30 lac settlers. Resultantly, over 50% of
Delhis population is now living in unauthorized colonies or slum
clusters.

7.9 In retrospect, the roots of this massive supply shortage can partly be
ascribed to the exclusion of private developers in both the housing and
commercial sectors, since the monopoly for land development and land
disposal was vested in the DDA through the Government of India Land
Acquisition, Development and Disposal Policy of 1961.

7.10 It has been suggested to the Committee that on the pattern of NOIDA,
Greater NOIDA and Gurgaon, private developers should be
encouraged to construct flatted residential accommodation as well as
multi-storied office and commercial complexes by allowing them
access to the land market on reasonable terms. Once land use zones
have been earmarked by the Planning Authority, viz., DDA, private
developers may be permitted to acquire land above the minimum
prescribed size, to undertake approved building activities. This may,
however, need an amendment of the Government of India Policy of
1961 referred to in Para 7.9 above.

7.11 It may be pointed out that of the total land brought under urbanization
by the DDA since its inception, against a target of developing 5.75% of
the land for commercial use, as per MPD 1961-81 and the reduced
level of 3 to 4% for such purposes visualized for the urban extension
area in the MPD version 1981-2001, the actual development thereof
has been barely 0.98%, i.e. less than 20% of the total. In the
meanwhile, the increase in disposable incomes of Delhites arising from
economic development as well as the increasing diversification of their
consumption basket, in terms of goods and services, clearly suggest
that the number of shops and service delivery institutions would
necessarily have to be much more numerous than heretofore.

7.12 Another major shortfall in DDAs planning and implementation process
has been the failure to provide low cost housing sites/units meant for

33
lower income groups, who constitute the lower rungs of the socio-
economic pyramid. Low cost housing sites were not provided for in
DDAs plans in the vicinities of residential, institutional and commercial
centers. Resultantly, people serving these areas settled down in JJ
Clusters in open spaces, belonging to various government agencies.

7.13 Likewise, there has been a pronounced paucity of planned institutional
space for health care and value-added educational institutions, and
community halls, etc. for meeting the socio-cultural needs of the
people.

7.14 The Committee has received feed back from many of the
representationists that existing Building code Regulations (Bye-laws
and Development control Norms) are unduly cumbersome and involve
interminably long procedural hassles. The Completion Certificates or
Occupancy certificates are very difficult to obtain. Even though the
building has been constructed strictly in accordance with the
sanctioned building plan, under-the-table gratifications are demanded
for issuing such Certificates. In many developed countries, Building
Regulations concern themselves with the outer envelope, i.e.
prescription of coverage, set-backs, height restrictions and FAR
restrictions, along with provision of adequate window space for
adequate light and ventilation. Presently, in Delhi, complete floor plans
have to be approved. Likewise, the land-use Regulations are unduly
restrictive by specifying the floors and floor areas which may be put to
a differentiated/flexible land-use.

7.15 It has also to be recognised that there is no proper institutional
mechanism in place at present to allow interested parties to formally
approach the authorities for seeking modifications/relaxations vis--vis
existing building codes and land-use regulations, from time to time on
justifiable grounds. Had there been such a mechanism, persons who
have taken up commercial activities along certain stretches of major
roads or the residents of flatted Group Housing Schemes, who have
constructed balconies, additional room and additional toilets, etc. could

34
have approached the Competent Authority for obtaining legally valid
authorization before undertaking their activities. It is in this context,
that in Chapter 11 of the Report, a recommendation has now been
made by the Committee to constitute the Delhi Urban Regulatory
Authority (DURA), to be vested with regulatory powers under the Delhi
Development Act, the MCD Act as well as the NDMC regulations.

7.16 As regards the issue of weak enforcement, up to the present, the
enforcement machinery to check the unauthorized constructions,
encroachments, mushrooming of the unauthorized colonies, land-use
violations, etc., has been by and large ineffective and corrupt.
Accountability of the authorities concerned has been practically zero.
Delhi being the seat of power for all the three tiers of governance, viz.
Union, State and Local Body, the relevant powers and responsibilities
of these organs are splintered, with no unified point of overall control.

7.17 The covert and overt patronage of persons in power has also been
cited as a crucial reason for the present crisis. For short-term gains
and vote bank politics, the laws and regulations have been allowed to
be violated, besides encouraging/condoning encroachments on public
land.

35
CHAPTER 8
8. FEASIBLE STRATEGY TO DEAL WITH THE
VARIOUS ISSUES INVOLVED

(A) Unauthorised Constructions
8.1 As per the terms of reference, the violations to be looked into by the
Committee fall into two categories:-
(1) Unauthorized constructions
(2) Misuse of Premises.

8.2 Un-authorized constructions are largely spread-over the following
residential categories:-
(1) Plotted colonies of DDA including plotted co-operative
colonies

(2) DDAs flatted accommodation

(3) Flatted accommodation constructed by Co-operative Group
Housing Societies

(4) Unauthorized colonies

(5) Unauthorized Regularized colonies

(6) Re-settlement colonies (created by the Slum Wing of MCD)

(7) Village Lal Dora areas and extended Lal Dora areas

(8) Farm Houses built on agricultural land

(9) Pre-DDA Colonies, including post-partition rehabilitation
colonies

(10) Walled City

8.3 The Building Code violations encompass extra FAR, extra coverage,
violation of height restrictions, infringement of mandatory setbacks,
additions/alterations to flats, shortage of parking space and
undertaking construction without sanctioned Building Plans, and non-
obtaining of Occupancy or Completion Certificates.


36
8.4 In many cases, violations include encroachment on public land as well
as construction of balconies over public streets.

8.5 In certain cases, public streets and public sewerage and drainage lines
have also been encroached upon and incorporated into the covered
area of the unauthorized structures.

8.6 Violation of height restrictions and other development control norms in
Builders Apartment Blocks have also taken place in different colonies.

8.7 Since, for practical reasons, it will be difficult to go in for large scale
demolitions on the ground of violation of the relevant building codes,
the Committee is of the view that the following modalities/principles
could be adopted to deal with such violations :-
(i) Encroachments on public land should be got vacated.

(ii) Where the above is not practically feasible, cost of the land
encroached along with penalty for unauthorized usurpation
of the land should be recovered from the defaulter.

(iii) For extra coverage of floor area, reasonable Compounding
fee can be imposed.

(iv) For violation of height restrictions and building an additional
floor or part thereof, a severer scale of penalty/special
compounding fee can be imposed on the violator.

(v) Where the Building is found to be structurally unsafe, formal
notice should be given to the owner to rectify the structural
weakness within a stipulated period, failing which the
building has to be declared unsafe and marked for
demolition.

(vi) A date should be publicly announced under a Voluntary
Disclosure Scheme to enable the violators to self-declare
their violations of the Building Code Regulations or
encroachment over public land, if any, or both. Thereafter,
each of the 12 MCD Zones under the Deputy Municipal
Zonal Commissioners should be asked to undertake a
special drive to deal with such self-declarations in
accordance with the standard policy for recovery of special
compounding charges/penal charges to be prescribed by the
Commissioner of the MCD. A note regarding illustrative
special compounding charges provided by Commissioner,
MCD is at Annexure VII.

37

(vii) In the voluntary disclosure made, the applicant should also
attach a copy of the Building Plan, as it actually exists, at
site, certified by a Registered Architect.

(viii) The structural safety aspect has to be particularly kept in
mind in relation to Cooperative Group Housing flats, DDA
Flats and any constructions above two storeys in
unauthorized colonies, re-settlement colonies, walled city
and Lal Dora and extended Lal Dora areas, while
considering requests for regularisation.

(ix) As far as Farm Houses are concerned, most of them fall in
the Green Zone meant for agricultural use. Practically, all of
them have built up areas well in excess of the current
permissible limits of 100 sqm/150 sqm, for a one/two hectare
farm or above. As per (MPD 2001-2021) Draft, barring one
peripheral village at the boundary, most of the other Green
area is expected to come within the ambit of urbanization by
2021. The question to be considered is whether the existing
Farm houses should continue to be treated as illegal
because of construction well beyond the present permissible
limits or should be regularised under appropriate conditions,
for the intervening period. The Committee feels that it will be
appropriate to bring them within the legal framework by re-
designating them as Country Homes and permitting
construction up to 5% of the plot area per floor, with the
restriction of a maximum of two floors i.e. 7 meters. By
continuing the status of the present farm houses in the Grey
Zone (having excess covered area), the practice of paying
hush-money to enforcement officials is being indirectly
encouraged. Notwithstanding this revised norm,
regularization of existing farm houses may be permitted by
recovering special compounding and penal charges for their
entire existing built-up area. Each farm house should
maintain at least fifty full trees in order to improve Green-
cover in the area.

(x) The revised norms for permissible built-up area should be
made applicable to future constructions of Farm
Houses/Country Homes, as well. Minimum plot size of a
farm-house/country-home may also be reduced to two acres,
for greater convenience.


8.8 After the recovery of the Compounding charges, etc. a copy of the
regularized Building Plan reflecting the actual position after
compounding, should be made available to the owner for record, while
retaining its copy with the Regulatory Agency concerned.

38
8.9 It has been represented to the Committee that in view of the severe
housing shortage in Delhi, existing owners may be permitted to add an
additional floor to their buildings to accommodate their increasing
family requirements subject to structural safety being ensured. The
Committee supports this proposal subject to the building height not
exceeding 15M, beyond which special fire safety and anti-earthquake
precautions have to be taken. However, while doing so the Committee
is firmly of the view that the practice of owners selling their plots to
Builders for construction of Apartment Buildings which has led to
intensification of residential densities and heavy additional load on the
civic infrastructure, including water supply, drainage, sewerage,
parking, etc. must not be permitted. Hence, the above concession for
building the extra floor should be limited to only the original
allottees/owners who wish to build additional accommodation for their
personal and family use.

39
(B) MISUSE OF PREMISES

8.10 Before discussing the proposed course of action, vis--vis Misuse of
Premises or land-use violations, it will be appropriate to briefly discuss
the issue concerning segregated land-use versus flexible land-use.
This matter has been the focus of lot of public attention in the last few
months and needs to be looked at with great care and objectivity.

Perspective

8.10.1 A study of the evolution of human habitations over the
millennia would show that wherever people have lived
together, they have engaged in economic activities to
produce goods and services, which are exchanged in
the market place. Survival of individuals depends on
their ability to acquire sufficient purchasing power to
afford necessities of life, by engaging in economic
activities whose outputs command value in the
market.

8.10.2 Since the beginning, our villages and small towns
have maintained the practice of mixed land-use within
their areas of habitation. In general, people have
lived in one portion of the house, either a back room
or an upper floor, and used the front portion of the
house abutting on a lane or a street for undertaking
economic activities. Artisans and petty traders have
traditionally operated from their residential premises.
This natural tendency of Mixed Land use continues
today in thousands of our towns.

8.10.3 Even in a city like London, apart from the main
shopping centers in the down-town areas where
commercial activity is carried out from segregated
premises, along the many roads leading to the down

40
town area from the outlying parts of the city, mixed
land use is a continuing practice to this day, with
institutional and commercial activity subsisting
alongside residential use of premises.

8.10.4 Delhi, being the countrys capital and a hub of
political, administrative and economic activity, is home
to both the countrys highest public dignitaries, as well
as to the humble and poor jhuggi-dweller who lives
with a family of 3 or 4 other dependents on a 20 sq
yd. plot of land in a makeshift temporary shelter.
Between these two extremes live a large number of
other people belonging to lower, lower-middle and
middle income groups.

8.10.5 At the same time, in Delhi, there are people
belonging to higher income groups and professionals,
including serving and retired civil servants and
members of the Defence Forces, who fervently wish
to preserve the more or less exclusive residential
character of their colonies and neighborhoods. In the
circumstances, a differentiated policy approach for
dealing with these different categories of stakeholders
would be fully justified.

Nature of the Problem
8.11 The Committee is of the view that in order to encourage plot owners to
provide adequate Parking within their plot areas, if a building is
constructed leaving the Ground floor for parking purposes, such as in
Delhi Curzon Road Apartments on Kasturba Gandhi Marg and Sagar
Apartment on Tilak Marg, etc. the permissible number of residential
floors should be reckoned from the first floor upwards, within the
prescribed FAR and height ceiling. The parking area should not be
counted towards the FAR, whether constructed in the basement/semi-
basement or on the ground floor.

41

8.12 Misuse of premises by and large fall under the following categories :
(i) Use of a portion of the residential premises for running
commercial or industrial activities.

(ii) Use of residential buildings for running institutions like
Schools, Nursing Homes, diagnostic laboratories, Imaging
Centers, Professional and Vocational Institutes, such as,
Computer Classes, Language Classes, etc.

(iii) Misuse of basements

(iv) Misuse of vacated industrial premises for commercial/office
use.

8.13 The serious paucity of legitimate commercial and institutional areas to
the extent required has been a principal reason for diverting residential
buildings for commercial/institutional uses. Any objective study of the
supply/demand imbalance in this behalf will readily confirm and under-
score this conclusion.

8.14 Formulating a policy for dealing with such instances of misuse of
premises or non-conforming land uses has thrown open many complex
questions. On the one hand, it has to be acknowledged that the
expansion of commercial and institutional activities has taken place
only in response to the growing needs of the people themselves. For
example it has been highlighted before the Committee that while there
are over 5 Lac Shop-keepers in Delhi, DDA has at best been able to
provide only 1 Lac shops in the District-Community/Local Shopping
Centers. This means that nearly 80% of the shops are presently
operating from areas not formally designated for this purpose.
Likewise, there is a huge shortfall in terms of institutional sites. The
Delhi Medical Association has pointed out that as per the MPD 2001-
2021 Draft itself, Government Hospitals are only catering to 20% of the
hospital beds to cope with required Delhis needs. The task of bridging
this large gap of 80% has fallen on private Nursing Homes and private
Hospitals. Since, the Plans have not provided for an adequate number
of such sites, many Nursing Homes, Clinics, Clinical Laboratories,
Diagnostic and Imaging Centers are operating from residential areas.

42
While 584 registered Nursing Homes are operating under the Delhi
Nursing Homes Act 1953, apart from many others which are not
registered, in total the DDA has so far allotted only 54 sites for
hospitals and nursing homes. Though permitted by MPD 2001, Draft
MPD 2021 has now excluded such institutions from operating from
residential areas. It has been stressed before the Committee that such
Nursing Homes, etc. serve a very useful purpose for local communities
and provide valuable health care services to the people on a day-to-
day basis, at their doorsteps. Likewise, the availability of Diagnostic
Centers, Imaging Centers, etc. in the vicinity of the Nursing Homes,
within residential areas, provide these networked services to the
patients/doctors living in the respective local areas. Furthermore,
representatives of professional teaching institutions like NIIT which run
computer courses, others teaching language courses and yet other
groups engaged in other types of vocational training, have also
appeared before the Committee with the request that their operating
from residential areas provides easy access to a user-friendly and
secure learning environment for young boys and girls living in the
residential colonies and does not, in general, cause any inconvenience
to residents from enjoying a normal peaceful environment.

8.15 On the other hand, certain active Citizen Groups, including RWAs,
have urged the Committee, that they do not want the character of their
residential areas to get irreversibly compromised by permitting non-
conforming, non-residential activities.

The Approach

8.16 The Dharmarajan Committee which classified 2025 colonies falling
within the jurisdiction of Municipal Corporation of Delhi between
Categories A to G for the purpose of the Unit Area System of
Assessment of Property Tax, adopted a 9-point criteria matrix to carry
out the classification. These criteria included the level of social infra-
structure, physical infra-structure, size of plots, general socio-economic

43
conditions of the area, etc. A copy of the classification criteria is
annexed as Annexure VIII.

8.17 Of the 2025 Colonies, 28 colonies were placed in Category A, 51 in
Category B, another 51 in Category C and 244 in Category D. The
remaining 1651 colonies fall into Categories E, F and G. For the
purpose of adopting a differentiated policy approach regarding flexible
land use, the 79 colonies falling in Categories A and B may be termed
as Tier-I colonies, the 295 colonies falling in Categories C & D, as
Tier-II Colonies and the remaining1651 colonies falling in Class E, F
and G as Tier-III colonies. A copy of MCDs listing of 2025 such
colonies along with their classifications may be seen at Annexure IX.
The living conditions in these colonies range from those obtaining in
smaller towns, up to the one hand to those which would be typical of
better class urban residential neighborhoods.

8.18 The classification of colonies into Tier-I, Tier-II and Tier-III categories,
based on the present MCD Unit Area Classification is illustrative and
could, in future, undergo changes on account of significant shifts in the
underlying socio-economic conditions.

8.19 In the Committees view, while a more flexible land-use policy should
be applied to Tier-III colonies with a negative list of non-permissible
activities which can cause serious environmental pollution, noise
pollution, etc., a much more stringent/segregated land-use policy would
be appropriate for Tier-I colonies. Tier-II colonies falling in between
these two categories may be extended some limited land-use flexibility,
based on a positive list approach. In all such colonies,
maintenance of a peaceful living environment for residents
should invariably be assigned high weightage and priority.









44
Recommended Course of Action

8.20 Keeping the diverse socio-economic backgrounds of people living
in different parts of the national capital, the Committee after
careful application of mind and consideration of all relevant issues
and balancing the conflicting interests of these various groups,
recommends as under:-

8.20.1 For Tier-III Colonies, more flexible land-use should be
permitted. There should not be any prescription of
minimum plot size or minimum width of Road for
permitting partial, non-residential activities. It can,
however, be stipulated that for roads less than 6 M
wide, if some commercial activity is undertaken, the
entire street or section of the Street should be
designated as a Pedestrian Shopping Street (PSS). A
person living in such colonies, who wishes to use a part
of his residential premises for non-residential purposes
whether commercial, industrial or institutional will be,
prima facie, deemed to be free to do so, unless the
Regulatory authority finds, on an enquiry, either taken
up suo moto or at the instance of Community
Representatives/ Residents Welfare Association, that
such use may be causing or may cause general public
disruption/inconvenience. In the Committees view, it
is highly unlikely that all streets will get converted to
such flexible land-use, as customers have a natural
preference to access shops/establishments situated
along wider roads. Hence, market forces and consumer
choice will, in general, not favour commercial activity
being taken up on smaller streets, and thus a market-
based equilibrium state will emerge where demand
for and supply of space for commercial/institutional
uses will come into balance.

45

8.20.2 For Tier-II colonies, a limited flexible land-use pattern
on a positive list basis should be adopted. Here, the
onus to justify the proposed land use change should be
deemed to shift to the Applicant seeking such flexible
use and careful watch has to be exercised by the
Regulatory Authority, in consultation with RWAs and
neighbors, etc. to ensure that the land-use shift does
not cause general public inconvenience. In the case of
premises, which have been under any non-conforming,
use prior to 1.1.2000, as per the municipal records,
the general approach can be to let the change in land-
use continue, except in cases where such change is
found by the Regulatory Authority, either, suo moto or
on the representation of the relevant Resident Welfare
Association/Community Groups, etc., to be significantly
detrimental to public convenience and welfare. An
applicant living in a Tier-II colony wishing to undertake
any non-residential activity permitted by the Positive
List should first disclose his intent to the local
RWA/Representative Community Group and get their
general consent for the proposed activity. Thereafter
he should apply for the required permission to the
proposed Delhi Urban Regulatory Authority. DURA
after getting the report of the Local Regulatory Team
comprising of a representative each of MCD, DDA and
a professional Town Planner, should conduct an open
hearing and after having heard the different interests
concerned, record a Speaking Order, granting or
refusing the permission being sought. For example, in
the matter of location of Banquet Halls in residential
areas, it has to be ensured at all costs that such
facilities do not cause serious public nuisance either
to the neighbour or to the other residents. The

46
practice of using loudspeakers late into the night and
creation of insanitary condition in the area
surrounding the Banquet Hall have to be strictly
prohibited and enforced.

8.20.3 Finally, in line with the recommended differentiated
approach, in relation to the better-off Tier-I colonies,
non-residential use of residential buildings should be
permitted only to the extent of professionals, such as
Doctors, Architects / Chartered Accountants / Lawyers,
Computer Specialists etc. using a portion of the
premises self-occupied by them as residence, not
exceeding 50% of the covered area, as home-based
professional work stations.
For any other existing or proposed non-
residential use, the onus to justify such use should be
much stiffer and should be cast on the Applicant.
While applying to the proposed Delhi Urban
Regulatory Authority, the Applicant should
simultaneously notify the RWA/Local Community
Group concerned of such application. The aspect of
public inconvenience or nuisance to neighbors should
be gone into very carefully by the Regulatory Authority
concerned before grant of permission. Even if the
Local Regulatory Inspection Team, consisting of a
representative of DDA, MCD and an External
professional Town Planner recommends grant of
permission, it should be open to neighbors/members
of the RWAs concerned local citizen groups to contest
the proposal before the Authority. Going by this
Zero-base principle, all existing institutions which
are of a non-residential character, operating from Tier-I
colonies, irrespective of the length of time that they
have so operated, should be asked to seek fresh

47
approval from the Regulatory Authority for continuing
such non-residential use. Such a stipulation should,
however, be made applicable only to colonies
established after the coming into force of Master Plan
of Delhi (MPD) 1962.

8.20.4 In addition to the issue of flexible land-use or
compatible land uses in different residential areas,
keeping in view their differing socio-economic
conditions, the Committee is of the view that
commercial and institutional utilization of buildings
abutting on National Highways, Arterial and Sub-
arterial roads and along Metro-corridors may be
considered in suitable stretches, keeping in view their
relative unsuitability for residential use, in the light of
heavy traffic flows and resultant air and noise
pollution. However, appropriate caveats, such as, the
existence of service roads and suitable parking
facilities, either within the compounds of the
establishments concerned or by way of a common
facility parking infrastructure, may be prescribed by
the proposed Delhi Urban Regulatory Authority.
Commercial and institutional development along major
roads is a worldwide phenomenon and there is no
reason why, such development, with suitable attendant
conditions required to safeguard general public
interest, should be disallowed in Delhi. For allowing
such usages, appropriate charges may be imposed,
with a view to finance the additional infrastructure
facilities required. Suitable facilities including parking
can also be developed, in cooperation with and with
the financial participation of the traders or other
institutional beneficiaries, as the case may be.


48
8.20.5 In the light of the above, certain stretches which have
been practically fully commercialized along the inner
Ring Road, such as, South Extension-I and II where
non-residential use has been in existence for many
years, may be formally designated as a commercial
stretch/strip. The same treatment may be extended to
other similar stretches along the major roads which
have got substantially commercialized over the last
many years. At the same time, appropriate conditions
to safeguard public convenience should be imposed
on the owners/users of such premises. In the event of
their failure to meet those conditions within a
reasonable time, the permission for change in land use
could be revoked.

8.20.6 Flexible land uses functioning from residential areas
of pre-MPD 1962 vintage should, in general, be allowed
to continue their activities as heretofore, without
unduly rigid restrictions regarding the floors from
which they operate, or the minimum size of the plot
and minimum width of appurtenant road, etc., except
in cases of serious public inconvenience noticed by
the proposed Delhi Urban Regulatory Authority.

8.21 For all current uses of residential accommodation for non-
residential purposes, in Tier II and Tier I colonies, a self-
declaration should be filed by all such users by a certain cut-off
date with the proposed Delhi Urban Regulatory Authority. Such
applications should be subjected to initial scrutiny by Joint
Regulatory Teams comprising representatives of MCD/DDA and
well-reputed External Professional Town Planners registered with
the Institute of Town Planners (India). Based on the
recommendations of such Teams and after further hearing
Community-based NGOs /Citizen-Groups /Residents Welfare
Associations, DURA may record a speaking order containing its

49
decision. On completion of the exercise, wherever such uses are
allowed to continue, a formal letter of approval should be
permitting the change in land-use, either on a temporary or
permanent basis, subject to the payment of suitable betterment
and conversion charges. If it is decided to disallow continuance of
such non-residential activities, the party concerned should be
allowed reasonable time of 3-6 months to close down the activity
and relocate to some other permissible area.

8.22 Until such time as the Delhi Urban Regulatory Authority has been
able to apply its mind to all related aspects and has arrived at its
decision, non-residential activities from residential areas along
the category of roads referred to in Para 8.18.4 falling within
residential zones may be allowed to continue for the time being,
subject to such safeguards as may be prescribed, in the interim,
by DURA. However, where the premises being so used involve
both major violations of the Building Code as well as misuse of
premises, the interim permission may be withheld by DURA.

8.23 Funds collected by way of compounding and penal charges for
regularization of buildings as well as for conversion of premises
in part or full from one land-use to another, should not be credited
entirely to the general revenues of the concerned Agency but
should be spent in good part within the area of the concerned
colony to upgrade civic infra-structure, etc.

8.24 In so far as misuse of basements is concerned, it has been
suggested to the Committee that though basements are at present
meant to be used only for parking or for servicing the building, in
many cases they are being used as professional working space.
The Committees view is that subject to the proper ventilation and
indoor lighting, as also observance of fire-safety precautions,
such flexible use of basements may be permitted. However, in
such a situation, the floor area of the basement would have to be

50
counted towards FAR. In case of existing basements, the owner
would have to pay prescribed compounding charges.

8.25 The last point in this Section concerns the use of industrial
premises which have got released by the shifting of non-polluting
industries, for non-industrial uses, such as, Show Rooms and
offices. In the Committees view flexibility should be allowed to
the original allottee to undertake such uses. However, appropriate
charges required to be paid for permitting such conversion
should be recovered from the allottees.

51
CHAPTER 9
9. Policy Guidelines for Lal Dora and
Extended Lal Dora Areas of Delhi

9.1 Delhi has in all 362 villages, of which 135 are currently classified as
Urban Villages and 227 as rural villages. In 1908, when the Revenue
Settlement was done for the first and only time, the abadi of these
villages were included within a well-defined Lal Dora area outside
which the agricultural produce was assessed for purposes of Land
Revenue. Thereafter, the exercise of consolidation of Land Holdings in
Delhi villages began in the year 1952 and is still continuing. Since the
village abadi had undergone natural expansion between the settlement
of 1908 and the commencement of consolidation operations, the
extended village abadi was enclosed within the new peripheral
boundary known as Phirni, the area between the original Lal Dora
and the post consolidation Phirni being treated as extended Lal
Dora.

9.2 On 24
th
August, 1963, a Delhi Administration notification stated that
within the village abadis comprised in the Lal Dora or the Phirni, for
construction of a house if required by the owner residing on that plot for
his own needs, no building permission was required. The order of 1963
debarred, in particular, the construction of factories, warehouses, cold
storage and slaughter houses within village abadis (Lal Dora).

9.3 The farmers of Delhi whose agricultural lands were acquired have, in
general, been put to a great disadvantage. Firstly their lands were
acquired for a pittance, at the rate of about Rs.3000 per Acre in 1957.
Subsequently in 1966-68, the acquisition rates were revised to
between Rs.25,000 to Rs.30,000 per acre. The per acre rates was
raised to Rs.5 lacs in 1981 to Rs.8 lacs in 1993, to Rs.16 lacs in 1998,
and to Rs.24 lacs in the year 2004.


52
In the initial stages of acquisition of land, the farmers were given
an alternative piece of land measuring 400 sqm by way of a residential
plot and one person from the farmers family was offered Government
employment. With the passage of time, the size of the alternative
residential plot was reduced to 250 sqm and the practice of giving
employment to a member of the farmers family, was done away with
completely. Even though the villagers were assured that integrated
development of the so called urbanized villages will go hand in hand
with the urbanization in their neighborhood, no such planned village
development has actually taken place.

9.4 It is a clear and unanimous view of the Committee that the interests of
the Delhi villagers which have suffered in the past should be dealt with
sympathetically. Three separate types of developments which have
taken place in the Lal Dora or extended Lal Dora areas need to be
carefully considered:-
(1) Construction of additional storey beyond two and a half
storeys normally permissible in the city under the MCD
Building Bye-laws or allowed in Lal Doras without MCD
permission in rural villages.

(2) Some Lal Dora premises have been sold to commercial
buyers who have established show rooms, eateries, etc.

(3) Some Guest Houses/Show rooms/Factory outlets have been
established in the Lal Dora areas abutting on major
highways, such as NH-8, viz., in the area of Village
Mahipalpur.

(4) Commercial activity of non-village origin, such as Fashion
designer outlets are being conducted within the Lal Dora
areas even along smaller streets.

53

Recommendations

9.5 After careful consideration, the Committees recommendations
regarding the issues connected with Lal Dora are as follows:-

(1) Future construction and land use in Lal Dora and
Extended Lal Dora areas have to be brought within an
appropriate framework of regulations, to accord with
public safety and convenience. However, Special
Building Bye-laws will need to be framed for village
Abadis (Lal Dora and extended Lal Dora) keeping in view
the peculiar nature of the abadis and absence of
sufficient land for leaving set-backs etc. In addition, in
order to accommodate the heavy population pressure
and dearth of alternate residential sites, a height
authorization up to 4 storeys (15 M) on plots abutting on
the Phirni and upto 3 storeys (11.5 M) on other
interior plots may be permitted.

(2) Individual Micro-Plans (Local Area Plans) for proper
development of all urban villages should be carefully
drawn up in consultation with the village community.
Sufficiently wide access roads to enable fire tenders and
ambulances to reach premises which may require such
assistance should be provided for, with the cooperation
of the villagers and other current users.

(3) Complete property ownership records should be
developed and maintained on a digital data base. All
existing properties should be surveyed/evaluated from
the standpoint of structural safety. Any building
generating safety concerns should be earmarked for
remedial action by the owners/occupants within a time
bound period, failing which they should be got vacated

54
and marked for being dismantled, if no other structural
remedy is available.

(4) Commercial activity may be permitted on narrow streets
below 9M or 6M width provided such streets are
designated as Pedestrian Shopping Streets (PSS).

(5) All existing Show Rooms or Guest Houses abutting on
major public roads may be regularized, in view of the
general policy recommendation to allow non-residential
activity along such roads, subject to the availability of
service road and some additional parking facilities.
There is no reason why villagers who happen to have
plots within the Lal Dora abutting on a major road should
be denied the opportunity of exploiting the favourable
location to their advantage, in the same way as an owner
of similar premises outside the Lal Dora area.

(6) All the above facilities meant for the Lal Dora area
should be equally extended to land falling in the
extended Lal Dora i.e. between old Lal Dora and the new
Phirni, demarcated at the time of Consolidation of
land holdings by the Land Revenue authorities.

(7) Plots in the extended Lal Dora area should also be
allowed to be used for running educational and health
care institutions, professional training institutes, etc.,
subject to availability of parking space and adequately
wide access roads.

9.6 Besides the above, it has also been urged by representatives of Delhis
villagers that even in the surrounding agricultural belt around their
abadis, institutions connected with education, health care, religious and
cultural charitable organizations should be allowed to run their
institutions where they are presently located and necessary land use

55
conversion should be allowed to them in the larger interests of the
welfare of the villagers themselves.

9.7 As and when a policy permitting private colonisers / developers to
develop housing/commercial/institutional facilities in areas earmarked
for further expansion of the urban area of Delhi is put into effect,
farmers owning sufficient land, as per prescribed norms for this
purpose may be permitted to participate in such a development
process, on merits.

56

CHAPTER 10
10. PREVENTION OF FUTURE RECURRENCE
OF VIOLATIONS AND IMPROVING
ENFORCEMENT / ACCOUNTABILITY

10.1 An important pre-requisite for preventing the recurrence of
violations will be the recasting of the Building code and Regulations
regarding land-use to make them more flexible, transparent and
people-friendly. Involving stakeholders and independent
professionals in this exercise under the umbrella of the proposed
Delhi Urban Regulatory Authority (Para 11.2.2) may be appropriate
in this context. An illustration of how Zone-wise Development
Control Norms can be depicted in a readily understandable format
may be seen at Annexure X. The format could be further improved
for the convenience of stakeholders.

10.2 Effective steps must also be taken to improve the supply side of the
equation by opening up the land market, including land developed
by DDA, to reputed private developers. Incomplete DDA
commercial complexes should also be completed in a time-bound
manner and existing ones re-developed. The suggestion made to
the Committee that DDA should hereafter concentrate more on
planning, land-use zoning and monitoring and should no longer
enjoy a monopoly over development of all urbanisable land, needs
to be carefully considered.

10.3 The need for creating a standing institutional mechanism to
entertain requests and grievances regarding land-use issues and
Building Code Regulations, in both the general and specific
contexts, cannot be over-emphasized. When such a window is
available, people can seek formal decisions from the Competent
Authority, before undertaking any activity which may not be falling
strictly within the existing provisions. Such an arrangement will help

57
to cope with changing ground conditions in a growing metropolitan
city like Delhi.

10.4 The large number of violations of the Building Code and permissible
land use as well as encroachment on public lands is glaring proof of
the fact that the enforcement machinery currently in place under the
control of different agencies like DDA, MCD, etc. has fallen woefully
short of the requirements. Their weakness has encouraged a
general climate of lawlessness and laissez-faire. In its
representation, the well-known NGO Common Cause has
bemoaned the absence of an effective enforcement machinery, due
to the multiplicity of agencies and lack of a single point of control
over their functioning.

10.5 The Committee is unanimous in its view that while, violations which
have already taken place, ought to be dealt with in a pragmatic and
equitable manner, going forward, enforcement measures should be
both stern and effective.

10.6 Since the enforcement staff of the MCD stands badly discredited
and MCD has jurisdictional control over 90% of the area of NCT of
Delhi, future responsibility for enforcement needs to be immediately
shifted to another Agency. In the Committees view, such
responsibility over all areas of NCT of Delhi should now be vested
in the Executive Branch of Government, comprising of 9 Revenue
Deputy Commissioners assisted by their 27 Sub-Divisional
Magistrates. These Executive officers should be supported by
necessary complements of Delhi Police or another dedicated Urban
Enforcement Corps and obtain technical support, from
MCD/NDMC/DDA, as required.

10.7 A 24-hour Central Control Room (CCR) should be established for
reporting any violations connected with land use/building bye-laws/
encroachments on public lands. This Control Room should function
under the overall supervision of a Chief Enforcement Officer, who

58
should be of the rank of Financial Commissioner of the State
Government (Additional Secy., to Govt. of India) reporting directly to
the LG or the Chief Minister, as may be decided. An easy to
remember, special 3-digit Number should be assigned to the
Control Room so that any one observing a violation could phone in
the relevant details. Disclosure of the identity of the complainant
need not be insisted upon, since the complainant may not wish to
get his identity disclosed for fear of invoking the offenders hostility.
The Control Room should maintain a complete Log Book containing
chronological entries of the information received. The Central
Control Room (CCR) should pass on information at the earliest
during working hours to an Enforcement Control Room in the
Deputy Commissioners office, which should, in turn, promptly notify
the concerned field units headed by the Sub-Divisional Magistrates.
Each SDM should have at his disposal one or more Multi-Utility-
Vans (MUV) which could be a Gypsy, Sumo or Qualis, etc.
equipped with Wireless and a roof-mounted Video Camera, on a
360-Degree rotating platform. The SDM can depute one of his
Executive Magistrates in the MUV along with a half-Section or full
Section Police or Urban Enforcement Corps Unit to go to the site
where the illegal activity is alleged to have taken place or is in
progress. In case the spot visit reveals that a violation has actually
taken place or is being committed, the person concerned should be
ordered to desist from such activity and a case recorded against
him for undertaking activity prejudicial to public order. In case, the
Cease and Desist orders are not complied with, the offender may
be taken into custody, with provision for obtaining bail.

10.8 To enable the above action to be taken, the commission of serious
building code and encroachment-related violations would have to
be legally declared as bailable offences under Criminal Law and the
necessary legislation put in place. Builders and Architects
conniving at such offences would also have to be booked as

59
accessories to an offence prejudicial to the maintenance of public
order and to public respect for laws and public regulations.

10.9 A Daily Action Taken Report (DATR) should be sent by every
Deputy Commissioner to the Central Control Room so that the
Chief Enforcement Officer can keep full track of the situation, on an
on-going basis.

10.10 The task of effective enforcement will be facilitated if certain other
concomitant steps are also taken by the Government/concerned
authorities. These are as follows:-
(1) Based on surveys by the National Remote Sensing
Agency (NRSA), an aerial map of all built up properties
and vacant areas of Delhi should be developed. This
should be up-dated every six months to detect changes,
if any.

(2) Using the Remote Sensed information as initial data, lists
of all existing built-up areas as well as non-built up areas
including jhuggi-Jhopri clusters should be prepared by
undertaking extensive ground level surveys.

(3) All urban maps, disaggregated up to Ward levels and
constituent Local areas sub-maps and property records
should be stored in a Central Digital Data Base.

(4) All Builders undertaking construction activity on plot sizes
of 200 Sqm or more should be subjected to compulsory
registration before being allowed to take up building work
in the NCT of Delhi. While granting such Registration,
the antecedents of the builder should be carefully gone
into. Only such builders should be registered, who do not
have any past record of committing major Building Code
violations. This work may be entrusted to the proposed
Delhi Real Estate commission. Urban Property Records
should also be maintained by this Commission.

(5) All Architects providing architectural services for buildings
being constructed / proposed to be constructed in NCT of
Delhi should be required to register themselves. At the
time of granting registration, apart from checking their
professional qualifications, their past record should also
be scrutinized to see whether they had been associated
with unscrupulous builders.


60
(6) All Property Dealers working in NCT of Delhi should also
be required to get themselves registered. They should
be asked to provide a sworn undertaking that they will not
engage in transfers of property whose ownership is either
not legally valid or under the shadow of doubt. In the
past, such Property Dealers have allowed many
transactions to take place involving encroached public
land as well as other land whose title was not clear in the
hands of the transferor. They should also be warned that
in the event of their undertaking dubious activity they
would be blacklisted and would not be allowed to practice
their trade in the NCT of Delhi, apart from being liable to
criminal prosecution.

10.11 If the enforcement exercise undertaken by the executive Branch
reveals any slackness or collusion on the part of either officials of the
MCD, NDMC, DDA or police in-charge of the area, stringent action
must be taken against defaulters.

10.12 To bring about a climate of effective enforcement, it will be
appropriate to establish dedicated Fast-Track Courts, so that all
offences connected with violations of Building Code Regulations and
unauthorized land-use changes can be promptly lodged for judicial
scrutiny and deserving punishments meted out to the defaulters.

10.13 No enforcement effort can succeed without involvement of individual
citizens, citizen groups and community-based NGOs. In matters
connected with surveillance against any suspected Building Code or
land-use violations, inputs received from such alert individuals/groups
should be promptly acknowledged and the actions taken intimated to
them, to demonstrate the responsiveness and earnestness of the
government machinery.

10.14 The above measures will give a clear signal to the people that
Government is serious in enforcing its regulations and no one can
any longer take the liberty of indulging in violations, at his will and
fancy.


61
CHAPTER 11
11. OTHER MATTERS INCIDENTAL
TO THE TERMS OF REFERENCE

A. Change in the Role of Delhi Development Authority

11.1 To deal with a whole range of issues of policy and implementation
pertaining to urbanization-related problems of NCT of Delhi, it is
evident to the Committee that the present institutional arrangements
are inadequate.

11.2 Since its inception under the Delhi Development Act, 1957 (D.D. Act,
1957), the DDA came into being as the successor agency to the Delhi
Improvement Trust (DIT) for both planning and land assembly
(development). It thus functioned as a monopoly agency which was
assigned the responsibility of developing all nazul lands as handed
over to it or acquired under the Land Acquisition Act, for sale /
allocation for residential / commercial / institutional / industrial /
recreational and other relevant uses. Under the Land Acquisition
Development and Disposal Policy of Government in 1961(LAD-DP-
61), private builders and developers were excluded from the scope of
undertaking residential, commercial or other developments by
entering the land market on their own.

11.3 By the early 1970s, house building for the EWS, LIG, MIG and SFS
was added to DDAs functions. By its own admission, DDA has fallen
far short of developing housing units as well as commercial spaces
required to cope with the surge in Delhis population over the last
several decades.

11.4 On the planning side, DDA has now acknowledged that there has
been an important missing link in the planning process by way of
absence of Local Area Plans (LAPs). The need for developing LAPs
in consultation with people and their representatives living in different

62
local areas has now been recognized and cited in the 2021 Draft
Master Plan of Delhi (MPD-2021).

11.5 Even in terms of macro planning for the city as a whole, the planning
methodology and process adopted by DDA has not been dynamic
enough to deal with the pressure of population caused by in-migration
and the natural growth of the existing population. The areas required
to accommodate the increased demand for residential, commercial,
institutional and other purposes, have not been acquired and
developed in time to cope with such demand. Resultantly, a large
component of the migrant population, has spilled over into the so-
called unauthorized colonies which have an unregulated pattern of
Land Use involving a mix of residential, commercial , institutional and
industrial activities.

11.6 At the next level of disaggregated planning, i.e. Zonal Development
Plans (ZDPs), out of 15 zones identified in MPD-2021 into which
Delhi has been sub-divided, ZDPs are understood to have been
drawn up for only 8 zones so far. LDPs have not yet been prepared
for any of the new zones identified in MPD-2001. This demonstrates
the inadequate attention to elaboration of ZDPs by the DDA.

11.7 It has also been observed by outside experts that in developing the
Master Plan updates and its ZDPs, DDA has not been able to tap
the best expertise available in the country. Since the evolution of
Delhi, which can rightfully claim to be one of the worlds great
heritage cities, should reflect the realization of a worthy vision which
will blend Indias cultural heritage and civilizational values with
modernity in terms of aesthetics, urban design and technology-
enabled infrastructure and systems, the planning exercise,
particularly at the macro-level and supported by the ZDPs should be
undertaken by bringing the best minds to bear on the subject.
Undertaking this function as a closed-door exercise, with DDAs own
in-house planning resources, will certainly not be able to deliver the
desired objectives.

63

11.8 Furthermore, it is amply clear that simply preparing an updated plan
and making it valid for the next 20 years will not be able to address
the changing ground level requirements caused by both population
growth and population shifts, e.g. with the mandated closure of a
number of polluting industries and their relocation to a new industrial
zone, lands released from such relocation would become available
for redevelopment. Likewise, urbanization of some areas under the
present non-urban land use, i.e. agricultural use, would require new
sub-area plans to be drawn up, earmarking portions thereof for
different land uses including residential, institutional, commercial, etc.
Laying out of new roads or metro corridors would also throw up new
opportunities for development of commercial, institutional and
residential spaces and assets. Planning inputs would be pro-actively
required to deal with such proposed developments.

11.9 Similarly, freeing up presently encroached land under slum-clusters
by undertaking in-situ low-cost redevelopment through low-rise
housing comprising ground floor plus three floors accessible through
stairways, could create opportunities for fresh developments on the
land so released.

11.10 As already noted, there are over 2000 unauthorized colonies
including the 670 regularized unauthorized colonies, which have been
developed in Delhi over the last few decades, and all of these are
required to be brought within some kind of a planned framework in
order to facilitate extension of municipal services and ensure
minimum standards of public health, sanitation and safety. The
activity of drawing up regularization plans for each of these colonies
in an interactive manner with the people residing in the colonies, to
cope with their felt needs as well as the difficult ground conditions,
will require micro-planning inputs which could be provided by the
Planning Wing of DDA. Perhaps, such an exercise can be carried out
by the DDA in conjunction with the Planning Wing of the MCD/NDMC,
as the case may be, as also any Town Planning professional

64
registered with the Institute of town Planners, India, who may be
retained by the residents of the particular colony themselves. Thus, a
three-pronged expertise could be brought to bear on the problem of
developing workable Local Area Plans for each colony.

11.11 Similarly DDAs micro-planning inputs could be tapped for the
development of Village Level Plans for all of Delhis urbanized
villages.

11.12 It has also been correctly mentioned in course of the Committees
interactions with various interest groups that not only should the DDA
be involved in the development of the Master Plan and its ZDPs but
should also provide professional guidance and inputs for the
development of Local Area Plans and which would be ideally fit into
Municipal Ward Plans.

11.13 The update of the Delhi Master Plan now being done every 20 years,
would need to be revisited at least once every five years to make
such changes as may be justified by the changing ground realities.

11.14 A further important point to be recognized is that Delhi by itself cannot
solve the problem of migration from villages and small towns and that
simultaneous development of towns in the Central National Capital
Region (CNCR) and the rest of the NCR with efficient transport links
inter se have to proceed, along side. Clearly, in this context, the
National Capital Region Planning Board (NCRPB), which presently
has only a planning and coordinated development advisory role and
consists of Chief Ministers of surrounding states and the Chief
Minister of Delhi, under the Chairmanship of the Union Minister for
Urban Development, should be accorded more teeth and provided
with a good corpus of development funds. Such funds could be used
to induce other states in the NCR outside the NCTD itself, to
strengthen urban infrastructure including housing and associated
civic services in order to provide the opportunity to people presently
drifting into Delhi to live and work outside Delhi under reasonable

65
conditions. The DDA could provide greater planning inputs than
heretofore, to the NCRPB for serving the larger goal of dispersal of
urban populations into the towns of the NCR.

11.15 The role of the DDA as a planning and land assembly authority
seems to have gone out of gear when it added Housing to its
functions in the early 1970s. Apart from its core function of planning
at different levels mentioned in the foregoing paragraphs, the DDA
could continue to manage sports and recreational complexes created
by them, which constitute a great boon for the citizens of Delhi.
However, its current housing activities can be hived off into a public
sector Housing Corporation or Board with a focus on low-cost
housing. Much work has to be done on this front considering the
deficit of nearly 6 lac low-cost housing units in the city.

11.16 DDA should also institute an effective monitoring mechanism to see
that the plans are properly implemented on the ground in terms of
timely completion of supply-side projects, whether undertaken by
public or private agencies, vis--vis residential, commercial, office
and institutional accommodation as well as other urban and
institutional infrastructure.

11.17 DDAs regulatory role inter alia under Section 11A [ in Chapter III-A of
DD Act, 1957 ] should be transferred to the proposed Delhi Urban
Regulatory Authority.

66

B. Other Institutional Arrangements

11.18 Besides the recommendations regarding the change in DDAs
role, the Committee has come to the conclusion that the
following special institutional arrangements will prove relevant
and meaningful :-

11.18.1 The Delhi Vision Group
The Delhi Vision Group should comprise of eminent
Town Planners, Architects, Chairman, Delhi Urban
Art Commission, and Chairman INTACH, reputed
persons from the field of Archaeology, Culture &
Environment and leading Real Estate Developers,
under the Chairmanship of Lt. Governor of Delhi
and Vice-Chairmanship of Chief Minister (Govt. of
NCT of Delhi) with some eminent Members from
Parliament / State Legislature representing Delhi
and Invited Members from DDA, MCD and NDMC.
This group should meet at least once in six months
to reflect on Delhis future evolution and also on
the ways by which the transition from the present
condition to the realization of its future vision can
be achieved. All Members of the Delhi Vision
Group other than those representing Government
Agencies should receive an Annual Honorarium.

11.18.2 The Delhi Urban Regulatory Authority

The Report has emphasized the need to establish a
standing Institutional mechanism to deal with
matters concerning changes in the development
control norms, changes in land use under the DDA
Act, 1957 and changes in Building Code
Regulations. The Delhi Urban Regulatory

67
Authority should be constituted as an apex body
with representatives drawn from professional
Town Planners, Structural Engineers, the DDA and
MCD. It should be vested with appropriate powers
both under the Delhi Development Act, 1957 and
the Municipal Corporation of Delhi Act, 1958. The
Authority should also be empowered to decide
cases of regularization of unauthorized
construction beyond normal margins of
compounding and to permit changes in land-use,
wherever considered justified, on imposition of
suitable conditions. The powers presently vested
in DDA u/s 11-A of the Delhi Development Act,
1957 should get transferred to this Authority. The
Authority should prescribe standard procedures to
be followed for considering requests for change in
land use including eliciting the views of the local
communities concerned, and evaluating all
relevant aspects of public safety, environment and
convenience. The likely impact of the proposed
land-use change on the civil services
infrastructure should also be taken into
consideration. After a first stage inquiry to be
conducted by a Joint regulatory Team consisting
of representatives of DDA, MCD and one or two
reputed external professional town Planners,
DURA should hear the interested parties including
community representatives and NGOs.
Thereafter, it may issue a Letter of Intent, setting
out conditions, on the fulfillment of which
proposed land-use change, etc. could be
permitted. In some cases only a temporary land-
use change permission may be accorded i.e. to a
doctor to run a small Nursing Home at a residential

68
location, as long as the Doctor himself is residing
there. However, ion some other cases, e.g. along
certain sites which have got almost fully
commercialized, permanent land-use change
authorization could be granted, subject to
appropriate caveats.

11.18.3 The Regulatory Authority should also be
empowered to lay down standard norms and rates
for compounding Development Control and
Building Bye-law violations. Any appeals against
the Compounding orders issued by the concerned
Local Authority, viz., MCD/NDMC, etc. in any
particular case, may also lie with this Authority.
The establishment of such a mechanism will
provide a standing forum for seeking redress and
resolution in matters connected with Building
Code and land-use regulations, including
complaints connected therewith. If a complaint is
found to be valid, appropriate enforcement action
can be recommended by the Authority to the Chief
Enforcement Officer.

11.18.4 The Delhi Real Estate Commission
Hundreds of builders, real estate agents, brokers
and property dealers, etc. are functioning in Delhi
without any license or any kind of regulation.
They hardly know about the laws relating to
properties and misguide the public and sell
unauthorisedly constructed properties, disputed
properties, etc. to innocent buyers. Further, they
charge up to 4% commission from buyers and
sellers which are also unregulated and not taxed.
Therefore, there is an urgent need to establish a

69
Real Estate Commission for Delhi, which will
prescribe regulations and a code of conduct for
the property dealers/real estate agents and issue
them licenses after due scrutiny and after
obtaining sureties from them. The Real Estate
commission will also entertain complaints against
these property dealers/real estate agents, etc. to
protect the interests of the consumers. This
measure will go-a-long-way in dealing with
unauthorized constructions in Delhi because the
real culprits involved in this game can then be
brought to book.

11.18.5 One more function of the Delhi Real Estate
Commission would be to maintain a complete
Digital Data-base of all urban properties in Delhi
including urban law and to issue/authenticate
Urban Property Ownership Certificates. In Delhi,
there is no authenticated, comprehensive record
of urban properties maintained by any single
designated agency. If a person wants to buy a plot
or a built up property in urban area, he cannot
find out who is the real owner of the property. He
has presently to rely on the seller and on the
documents available with the latter. Due to this
confusion, unauthorized constructions are not
only carried out on government land, Gaon Sabha
land, Custodian property and acquired DDA land or
agricultural land, but such unauthorized
properties are sold to innocent buyers who are
unaware of the legally untenable status of the
property. Therefore, to create a baseline urban
property record, a one time house-to-house
survey of the entire NCT Delhi has to be

70
undertaken and whatever documents are in
possession with regard to a particular property
with any Agency, have to be brought on record.
On that basis only, can authentic urban property
records be created. If such a data base is
established on a digital, electronic platform, the
problem of unauthorized construction followed by
illegal sale/purchase, evasion of stamp duty,
property disputes, etc. can be effectively
checked.

11.18.6 High Power Enforcement Agency
In order to enforce a zero-tolerance regime for
anyone indulging in unauthorized construction or
unauthorized land use changes in future, a High
Power Enforcement Agency should be established
for NCT of Delhi, headed by a Chief Enforcement
Officer of the rank of a Revenue Financial
Commissioner or Additional Secretary to the Govt.
of India. Details of this proposal have been
elaborated in Chapter 10 of the Report.

11.18.7 Empowered Special Task Forces for Key
Infrastructure Projects:-

It is widely acknowledged that the work culture in
MCD and DDA, both of which have large staff
complements, leaves much to be desired. At
present, civic infrastructure projects badly
needed for the NCT of Delhi are spread over a
number of different agencies without a single
fulcrum of oversight and control. Cost over-runs
and time slippages are common occurrences. For
efficient planning and execution of special
projects having importance for the whole city or a

71
part thereof, it will be desirable to constitute
special project task forces having representation
from the concerned Ministry of the Union
Government, the Delhi Government, the Municipal
Corporation of Delhi and DDA along with some
well-known outside experts having demonstrated
expertise in the specific project field. Such Special
Empowered Task Forces (SETF) could take all the
required decisions, including cost sharing by the
different agencies, selection of the execution
agency, modalities of project monitoring, etc., up
to the final stage of completion. Since, some of
the projects would require environmental
clearance, representation of the Ministry of
Environment & Forests in such Committees would
be appropriate. The power to constitute such
empowered special task forces could be vested in
the Lt. Governor (LG), as the representative of the
Union Government, acting in consultation with the
Chief Minister, Delhi, and decisions of such an
Empowered Committee would be binding on all
the agencies concerned. The salutary experience
of such Empowered Task Forces in multi-purpose
hydro-electric projects like the Bhakra Dam, Beas
Dam and the Thien Dam on the Ravi River in
Punjab, suggests that this modality could be very
highly beneficial for putting through important
infra-structure projects, which are necessary for
the coping with the citys pressing current and
future needs.

72
C. Issues concerning Master Plan Delhi
11.19 There is a need to recast the Delhi Development Act, 1957 or even to
replace it by a new plan enabling legislation, in tune with the new
paradigm of planning and emerging realities that are currently being
encountered. The following considerations should be addressed :-
1) Need to undertake Delhis planning in the larger context of its
metropolitan region, the National Capital Region

2) Need to create a planning process which provides for a high
degree of consultation with the local communities and genuine
stake-holders and dovetailing the same with the overall macro
planning.

3) Need to incorporate in the planning vision, the changes created
by shifts in life styles, technologies and other dynamic factors.

4) The need to separate the planning function from regulation and
development.

11.20 As pointed out earlier in the Report while the DDA has been
engaging in preparation and updation of the Delhis overall
Master Plan at the macro-level, it has not done the planning at
the Zonal dis-aggregation level for all the 15 Zones into which
the NCT of Delhi had been divided. Such elaboration still
remains to be done for 7 zones. Two further levels of dis-
aggregation which have altogether been missing from the
planning angle are :-
(i) Ward Plans for each of the Municipal Wards;
(ii) Local Area Plans (LAPs) for the individual
communities falling within each Ward.

These 4 levels of planning may be classified as Levels-I,
II, III and IV. Both Levels III & IV should necessarily involve a
high level of consultation and inter-action with Local stake-
holders.
11.20 Ideally speaking, before the 2001-2021 update of MPD was
developed by DDA, grass-root-upward planning processes
should have been taken in hand, from Levels IV and III, going
broadly up to the Level-II as well.

73
11.21 A schematic depiction of how the two-way planning process
ought to be conducted may be seen at Annexure V.
11.22 The existing MPD contains a serious weakness in that no
special provisions have been made for catering to the needs of
people belonging to lower income categories living in the city.
As of now, there is no greater flexibility in land-use allowed in
the areas largely inhabited by people from these categories. On
the other hand, a common mixed land use policy has been
sought to be extended to all residential areas across the board.
Besides, earmarking of land for meeting the housing needs of
people from the lower income groups has also been highly
inadequate.
11.23 It is also recommended that planning for NDMC areas should be
undertaken in close co-operation with NDMC planners and the
unique requirements of this part of the city should be duly
accommodated.
11.24 Sanctity of the Ridge which is a valuable natural feature,
should be preserved in the Plan.
11.25 More recreational and leisure areas also need to be provided for
in the Master Plan, keeping in view life style changes among
urban youth and the demographic shift towards the younger age
groups, in recent times.
11.26 While urbanizing the remaining agricultural areas to cope with
Delhis future needs, pre-existing cultural-religious institutions,
which serve an important social purpose in preserving the
countrys ethos and basic values, should be recognized and
accommodated, in-situ. It will be relevant to note that both in
Canada and USA holding of religious congregations on the
premises on Farms, viz., in barns, etc. is a permissible activity.
11.27 Since India aims to be a leader in the global knowledge society,
more learning centers have to be created for the youth, apart
from the normal facilities for imparting school and college
education. For this purpose, many more sites need to be
earmarked for institutions providing such learning opportunities.

74
Smaller such institutions could be allowed to operate from
residential areas, with certain safeguards while the larger ones
would have to be sited in appropriate Institutional Zones.
11.28 Since people are now living longer and some of them may not
be finding it conducive to live with the next generation of their
own family members, there is an emerging need for the
establishment of Old Age Homes. Such institutions could also
be permitted to operate from residential areas, as long as they
do not have too large a number of inmates.
11.29 It has also to be appreciated that home-based elderly people will
command more respect in the family when they are able to keep
themselves mentally and physically occupied and, if possible,
also generate some income through their activities. For
example, an elderly lady who has a flair for interior decoration
should be able to operate a small consulting office for potential
clients from a section of her house or even her garage. Since
such innocuous activities do not harm anyone in the
neighbourhood, there is no reason why they should be
prohibited under inflexible land-use regulations.
11.30 Planning for Delhi should always have a Human Face and
should be sensitive to the needs of different sections of the
people and different age groups, including both the young and
old.
11.31 In the future planning of new residential zone habitations, ab-
initio provision should be made for varying degrees of flexible
land-use, depending on the broad income group for which these
colonies are planned.
11.32 While it is being suggested that the MPD review and updation
should now be done on a rolling basis every five years, in the
intervening period, the powers for permitting land-use changes,
etc. wherever justified as per Section 11 of the Delhi
Development Act, 1957 should be exercised by the proposed
Delhi Urban Regulatory Authority. The decisions taken by this

75
Authority should be appropriately incorporated in future
updations of the Master Plan.

11.34 In addition to the above, the Committee feels that certain other
suggestions which have been received by it concerning the
Master Plan should be carefully evaluated:-
(1) DDAs MPD 2001-2021 planning exercise did not take
into account the existing land use in different areas at
the start of the new planning period.

(2) The Master Plan has not addressed the issue of
below poverty line needs of low income elements of
the population.

(3) Flexible land use should be permitted in all pre-1962
colonies and, based on ground surveys, wherever a
large majority of premises has already been fully
commercialized, the area should be declared
commercial, viz., Karol Bagh.

(4) Many more areas should be brought under special
Zones keeping in view their high degree of
commercialization, such as, Lajpat Nagar, Tilak
Nagar, etc.

(5) Lajpat Nagar-II, Pushpa Market should be declared as
fully commercial keeping in view its usage, as such,
since for the last over 20 years, there being no
objection from the RWA in this behalf.

(6) South Extension Part-I, Main Ring Road Market may
be declared as fully commercial, considering that
many of the same buildings facing the road were
being used for long since 1960s as offices of public
sector undertakings, such as, BHEL, BALCO, FCI,
etc.

(7) Settlement patterns in Delhi are different in different
areas and no single yardstick for land-use or building
bye-laws and Development Control Norms can be
applied.

(8) Some specific areas off or near roads may be
earmarked for street-vending for Rehri-Patri-walas
and they may also be accommodated in Special Janta
Markets.


76
(9) For all unauthorized/regularised unauthorized
colonies, separate Local Area Plans (LAPs) should be
prepared in consultation with the representatives of
residents. Unauthorised colonies should be
regularized after recovering betterment and
development charges.

(10) Village Development Plans by way of Local Area
Plans (LAPs) should be prepared in consultation with
the residents, for all Lal Dora and Extended Lal Dora
areas, in each village.

(11) Delhi should, in general, maintain a policy of high
density low rise urbanization rather than low
density - high rise urbanization.

(12) Delhi lacks in pro-active planning for incoming
migrants since there are no planned holding areas
with elementary dormitory type of accommodation,
etc.

(13) The plan should provide adequate sites for Cremation
Grounds and Cemeteries.

(14) Zonal and sub-zonal Maps of DDA / Ward level Maps
of MCD should be put on Digital Data-base by DDA
on the pattern of what has been done by the
Bangalore Development Authority.

77
CHAPTER 12
12. Recommended follow-up Actions

12.1 In the light of the recommendations made in different Chapters of the
Report, the following urgent actions may be considered by the
Government :-
(1) Creation of new institutional mechanisms, such as, the Delhi
Vision Group, Delhi Urban Regulatory Authority, Delhi Real
Estate Commission, High Powered Enforcement Agency and
Empowered Special Task Forces for key urban infrastructure
projects.

(2) Necessary changes will have to be made to the Delhi
Development Act, 1957 for addressing with various Master
Plan issues, including providing for a differentiated land-use
policy to deal with the diverse socio-economic realities of
Delhi, as also the vestment of necessary powers in the
proposed Delhi Urban Regulatory Authority.

(3) The High Power Enforcement Agency should be brought into
operation with minimum loss of time. What is required is the
issue of certain orders and provision of required logistical
support by the Government, to the Executive Wing of the
Administration, comprising the Magistracy and the Police.

(4) The Delhi Urban Regulatory Authority should be constituted
expeditiously to deal with several issues proposed to be
entrusted to it.

(5) A legal framework for establishment of the Delhi Real Estate
Commission should be put in place and the Commission
constituted expeditiously, with a clear Charter of duties and
powers.

78


12.2 Several of the over 1500 written representations received by the
Committee have cited matters/issues which would need to be referred
either to the Enforcement machinery or to the proposed DURA (Delhi
Urban Regulatory Authority) for time-bound action. These documents
should be subjected to careful sifting and the relevant ones sent to
these Agencies for urgent follow-up action. The representationists may
also be appropriately advised about the outcome of their
representations.

12.3 The Committee is of the unanimous view that the climate of laxity in
enforcing urban laws and regulations should not be allowed to continue
in the National Capital hereafter. A fool-proof system, on a zero-
tolerance principle, accompanied by stiff action against violators should
be put in place with immediate effect. Firm directions in this behalf at
the political level followed up by vigorous action at the executive level
will be needed to achieve this objective.