PM Uday Scheme Unauthorized Colonies Regulations: Gazette Notification

PM Uday Scheme:

The Pradhan Mantri UDAY Yojana is a central scheme to authorise the illegal colonies of national capital Delhi. More than 40 lakh people in Delhi live in unauthorised colonies, which are located on private or public land. Properties are called illegal colonies, whether in the form of plots of land or built-up space, are generally held through Will, or general power of attorney (GPA), or agreement to sell, or payment and possession of documents.

The Central Government formed a committee, to recommend the process for recognising ownership or mortgage/ transfer rights to the residents of these 1,731 illegal colonies in Delhi.

The central government prepare a blueprint for developing the unauthorised colonies, through the Delhi Development Authority (DDA). The blueprint for the development of the colonies, drawn by the DDA, will be completed only through the fixed limit based on the satellite images of 2015. Further, the Authority has included provisions regarding the development of these colonies under the Master Plan of Delhi 2041. Preparation of development control norms for the unauthorised colonies in the city is also underway, for the planned development of existing colonies.

Applicability:

• These Regulations may be called the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019.
• The scheme shall come into force on the date of 29th October 2019.

Classification of Land:

The categories of land that are to be considered for conferring or recognising ownership or transfer or mortgage rights shall be as under–

• Category- 1 of land shall include the following, namely:

(i) Original Gaon Sabha land at the time of commencement of the Delhi Land Reform Act, 1954 (8 of 1954);

(ii) land acquired by the Government for which compensation has been paid or deposited by the acquiring agency; and

(iii) agricultural land under section 81 of the Delhi Land Reforms Act, 1954 (8 of 1954) with or without possession.

• Category -2 of land shall include the following, namely: –

(i) private land; and

(ii) land that has been acquired by any acquiring agency but compensation has not been deposited by the acquiring agency.

Conferment of rights:

• The conferment of rights on land under the footprint of the building shall be 48 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] in proportion to the carpet area of the floor held by the resident.
• In cases where the total carpet area of a floor in a building exceeds the plot area, (i.e. having projections beyond plot area), rights shall be restricted only in respect of the plot area.
• In cases where the total carpet area of ground floor in a building is less than the plot area (i.e. ground coverage is less than hundred per cent.), rights shall be conferred only in respect of the land under the building footprint.
• The Delhi Development Authority shall ensure that in cases of unauthorised colony falling on acquired land, the residents of which has been allowed for property rights under these regulations, no compensation is released, and no resident or his predecessors in interest shall claim such compensation even in cases where the amount of compensation has been deposited with the Courts or Land Acquisition Collector or other agencies.
• The payment of charges, and interest on late payment, if any, for all category of land, shall be collected by the Delhi Development Authority and kept in the ‘Special Development Fund’.
• The boundaries of unauthorised colonies or clusters of unauthorised colonies shall be delineated by the Delhi Development Authority.
• The Delhi Development Authority shall prepare Local Area Plan and Development Control Norms for all unauthorised colonies or clusters of unauthorised colonies and make necessary amendments in the Master Plan for Delhi (MPD)-2021and Urban Building Bye Laws for Delhi (UBBL)-2016 to pave the way for planned redevelopment of the existing units on “as is where is” basis.
• The Delhi Development Authority shall ensure correct identification of resident applicants.
• The conveyance deed or authorisation slip shall be issued for residential purpose only irrespective of current use of the property.
• No Penalty and External Development Charge shall be levied from residents for recognising ownership or mortgage or transfer rights.
• In case any dispute arises in respect of conferment of rights under these regulations, the aggrieved person may make a representation to the Delhi Development Authority, and upon receiving such representation, the Delhi Development Authority may, within a period of ninety days from the receipt of such representation and after hearing the parties, pass such order as it deems fit.
• Under these regulations, no rights shall be conferred or recognised-
• Over prohibited land, that is, land falling in reserved or notified forests, land identified as protected or prohibited area by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), land falling in Zone-O, Yamuna Flood Plain, land falling in right of way of existing roads and Master Plan Roads, land under right of way of high tension lines, land falling in ridge area of Delhi and land reserved or protected under any other law for the time being in force;
• affluent unauthorised colonies.

LIST OF UNAUTHORISED COLONIES INHABITED BY AFFLUENT SECTION OF SOCIETY SAINIK FARMS AREA

1) Sainik Farms

2) Mahendru Enclave

3) Anant Ram Dairy

4) Defence Service Enclave (Sainik Farm) (Registration No-453)

5) Anupam Garden, Delhi-68, South Chhatarpur (Registration No-519)

6) Khirki Extension Colony, Cariappa Marg, M.B. Road, New Delhi-62 (Registration No-738)

7) Defence Service Enclave, Khanpur, NewDelhi-62, South Sangam Vihar (Registration No-12- (ELD))

8) Sainik Farms, Western Avenue, N. Delhi (Registration No-1295)

9) Freedom Fighters Enclave, IGNOU Road, Neb Sarai, New Delhi-68, South Chhatarpur (Registration No-143)

10) Freedom Fighters Colony, Neb Sarai, South Chhatarpur (Registration No-165)

11) Freedom Fighters Community Development and Welfare Association, Neb Sarai, New Delhi-68 (Registration No-44- (LOP))

12) Freedom Fighters Enclave, Delhi-68 (Registration No-1389)

13) Freedom Fighters Enclave, Near Neb Sarai, Mehrauli, Delhi-68 (Registration No-1355)

14) Freedom Fighters Enclave, Near Neb Sarai, Mehrauli, Delhi-68 (Registration No-1355 B)

15) Freedom Fighters Enclave, Near Neb Sarai, Mehrauli, Delhi-68 (Registration No-1031)

16) Freedom Fighters Enclave, Neb Sarai, New Delhi (Registration No-294)

17) Freedom Fighters Enclave, Neb Sarai, Delhi-68 (Registration No-1120)

18) Freedom Fighters Enclave, Neb Sarai, New Delhi (Registration No-459)

19) FF CC Colony, Neb Sarai, New Delhi, South Chhatarpur (Registration No-1587)

20) Neb Sarai Extension Area, Delhi-68 (Registration No-978)

21) Neb Sarai Extension, Phase-II, IGNOU Road, Delhi (Registration No-1244 A)

22) Indira Enclave, Neb Sarai (Registration No-330)

23) Neb Valley, IGNOU Road, Neb Sarai, Delhi-68 (Registration No-1119)

24) Neb Sarai Extension, phase-II, IGNOU Road, Delhi (Registration No-1244)

25) Neb Sarai Extension Area, New Delhi-68, South Chhatarpur (Registration No-31-(LOP))

26) Neb Sarai, New Delhi-68 (Registration No-108-(ELD))

27) Neb Sarai, Saidulajab Market Association, New Delhi-68 (Registration No-128-(ELD))

28) Dang Complex, IGNOU Road, Saidulajab Extension, New Delhi-30, South Chhatarpur (Registration No-154)

29) Saidulajab Extension, Paryavaran Complex, Delhi-30, South Chhatarpur (Registration No-1054)

30) Saidulatab Extn.J-Block, Paryavaran Complex, Delhi-30 (Registration No.-1415)

31) Saidulajab Extension, Kohinoor Enclave, M.B. Road, Opposite CISF Complex (Registration No-1446)

32) Saidulajab Extension, Mehrauli, New Delhi-68 (Registration No-126)

33) Saidulajaib Extension, New Delhi-30 (Registration No-1513A)

34) Saidulajaib Extension, New Delhi-30 (Registration No-1513B)

35) Saidulajaib Village Residence Welfare Association, New Delhi, (Registration No-114-(ELD))

36) Sultan Apartment, Gali No.2, Saidullaljaib, M.B. Road, Delhi-30 (Registration No-374)

VASANT KUNJ AREA

37) Harcharan Bagh, Andheria More, Vasant Kunj Road, Delhi-30, South Mehrauli (Registration No-129)

38) Shanti Kunj (Main) Near Church, Vasant Kunj, Delhi-70, South Mehrauli (Registration No-1112)

39) Shanti Kunj, Behind sector-D, Pocket III & IV, Vasant Kunj, South Mehrauli (Registration No-83)

40) Shanti Kunj, Behind Deep Public School, Vasant Kunj, Delhi-70, South Mehrauli (Registration No-1144)

41) Bhawani Kunj, behind sector D-II, Vasant Kunj, New Delhi-70, South Mehrauli (Registration No-5)

42) Bhawani Kunj, near Vasant Kunj, New Delhi-70, South Mehrauli (Registration No-576)

43) Shri Sai Kunj, Mehrauli, Delhi-70, South Mehrauli (Registration No-504)

44) Asha Kunj, Vasant Kunj, Delhi-70, South Mehrauli (Registration No-1343)

45) The Haven Athene Hospitality Services Pvt. Ltd., property no. 4-1-14, Ward-1, Kalka Das Marg, Mehrauli, New Delhi-30 (Registration No-110-(ELD))

46) The Sunridge, Sunridge India Heritage Pvt. Ltd., Haveli Sarai no-6, Kalka Das Marg, Mehrauli, New Delhi-30 (Registration No-111-(ELD))

47) The Qila, Sunridge Qila Resorts Pvt. Ltd. 4A, Ward-1, Kalka Das Marg, Mehrauli, New Delhi (Registration No-112-(ELD))

48) The Sunridge, Sunridge India Heritage Pvt. Ltd., Haveli Sarai no-8, Kalka Das Marg, Mehrauli, New Delhi-30 (Registration No-109-(ELD))

49) Amaltas Avenue (Samalka) Colony, Rajokri, Delhi (Registration No-556)

50) Vasant Kunj Enclave, Delhi-70, Bijwasan (Registration No-425)

51) Vasant Kunj Enclave, B-block, Milkapur Kohi, Village Rangpuri, New Delhi, Bijwasan (Registration No-62)

52) Ruchi Vihar, Rang Puri abutting Block-B, Delhi-37, South West Bijwasan (Registration No-143 (ELD))

53) Defence Enclave, Mahipalpur, Extension-II, New Delhi-37 (Registration No-321 A)

54) Defence Enclave, Mahipalpur, Extension-II, New Delhi-37 (Registration No-321 B)

55) Defence Enclave Development Association, Mahipalpur Extension, New Delhi-37 (Registration No-1593)

CHHATARPUR AREA

56) Chhatarpur Mini Farms, Chatterpur main road, Mehrauli, New Delhi-62, South Chhatarpur (Registration No-866)

57) Gadai Pur Extension, 26-A, Club Drive, Gadai Pur Extension, Mehrauli, Gurgaon Road, Gadai Pur, Delhi-30 (Registration No-2-(ELD))

58) Green Meadows, Satbari Mehrauli, Delhi, South Chhatarpur (Registration No-591)

59) Silver Oak Enclave, Village Jonapur Gadai Pur, Mandi Road, New Delhi-47 (Registration No-31-(ELD))

60) Club Drive Colony, M.G. Road, Gadaipur (Opposite Ghitorni), South Chhatarpur (Registration No-37)

61) Sanskritik Aur Vikas Sanstha, OSHO Drive, Gadaipur, Extension of Village Gadaipur, Mehrauli, New Delhi (Registration No-68-(ELD))

62) Silver Oak Enclave, Village Jonapur Gadai Pur, Mandi Road, New Delhi-47 (Registration No-47-(LOP))

63) Chattarpur Extension, Mehrauli, New Delhi-74 (Registration No-916)

64) Chattarpur Extension, Mehrauli, New Delhi-74 (Registration No-735)

65) Chattarpur Enclave, Mehrauli Chattarpur Road, Delhi-68 (Registration No-480)

66) Chattarpur Enclave, Mehrauli Chattarpur Road, Delhi-68 (Registration No-480 B)

67) Chattarpur Enclave, Mehrauli Chattarpur Road, Delhi-68 (Registration No-480 C)

68) Chattarpur Extension, A-1, New Delhi (Registration No-375)

69) Chattarpur Enclave, Phase-I, Block-A, Maidan Garhi, Village Road (Registration No-56)

Explanation– Registration number is as per the list of unauthorised colonies registered by Government of National Capital Territory of Delhi in accordance with the Regulations for Regularisation of Unauthorised Colonies in Delh in dated the 24th March, 2008.

LIST OF UNAUTHORISED COLONIES IDENTIFIED UNDER 2008 REGULATIONS

Total Unauthorized Colonies is 1797 and Same has been Attached.

Tentative List of 1797 Unauthorised Colonies in Delhi 2019-20

Calculation of charges for Category- 1 Given at the end of article.

PROCEDURE FOR APPLICATION

(see regulation 5 (4))

The Delhi Development Authority (DDA) shall create a web portal and empanel agencies for fixing geo-coordinates of plots for the purposes of this notification.

Preparation: An applicant shall before filling his application for conferment of rights-

(a) open a DigiLocker Account;

(b) upload each of the ownership documents in the DigiLocker separately;

(c) take a photograph of his property from outside so that the building or vacant plot is clearly visible;

(d) (i) engage one of the empanelled agencies for fixing geo-coordinates of the plot;

(ii) get the Geo-coordinates of the plot be fixed by the Agency;

(iii) the Agency shall also prepare an Auto-CAD drawing of the plot and neighbouring properties and upload the geo-coordinates and Auto-CAD file on DDA portal and generate the QR Code;

(iv) this QR Code will be given by agency to the applicant.

Registration of user: An applicant shall register on designated DDA portal for this purpose by providing basic information and authentication of the email and mobile through OTP.

Login: An applicant shall login to the designated DDA portal using his email/ mobile number and OTP received on his email or/and mobile phone.

Filling of Application Form: DDA shall display on the web portal, the information/ documents required for filling

application form by the resident. Then the applicant shall enter on designated DDA portal the information about property and other details required for the processing of conveyance deed or authorisation slip and after successful submission of application, a Unique application number and Unique ID for property shall be generated.

Payment of self-assessed charges:

(i) after generation of Unique application number and Unique property ID, charges to be paid by the applicant shall be displayed on the window;

(ii) the window showing self-assessed charges shall also contain a link for payment;

(iii) payment of charges can be done through online payment gateway.

Publishing Applications: Basic details of applicants and property applied for conferment of rights shall be displayed on website for any aggrieved person to file objections, if any and this display option shall be available till completion of approval Process.

Desk Verification of Application:

(i) DDA shall display a check list to verify/ examine the application;

(ii) the DDA will examine the application and documents uploaded according to the Check-list and shall raise Deficiency Memorandum (DM), if any.

Reply to DM: Applicant shall submit point-wise replies to DM on the portal and thereafter the application is rescrutinized and accepted.

Fixing of Inspection: DDA shall make visit to physically verify the property and for field verification of the applicant’s property. For this, the applicant has to book a time and date slot on the portal.

Field inspection:

(i) Random allocation of inspection personnel for inspection;

(ii) Inspecting Officer inspects the property and uploads inspection Report;

(iii) In case of any deficiency found, the inspecting officer shall raise DM, which shall be communicated to the resident/applicant.

Reply to DM: Applicant shall submit point-wise replies to DM on the portal.

Final Scrutiny and Approval:

(i) the approving authority examines application, inspection memos and replies to DMs to approve the application (subject to Document verification) or reject the application;

(ii) in case any person has filed any objection, hearing would be conducted within thirty days before deciding the matter.

Fixing appointment for document verification and execution: An Applicant shall book a slot for document verification and execution of Conveyance Deed on the portal and he shall also enter details of witnesses he will bring and a checklist of documents shall also be generated.

Submission of Documents: DDA shall establish adequate number of Suvidha Kendra at various places near the UCs and the details of which shall be displayed on the portal and at the Suvidha Kendra, applicant shall come and produce original documents for verification.

Scrutiny of the documents: The documents received through Suvidha Kendra shall be scrutinized by the staff deployed in the Suvidha Kendra and verification shall be done. If everything is found to be in order, the designated Assistant Director (AD) shall print the Conveyance Deed or authorisation slip, and get it signed by applicant and witnesses.

Execution of the Conveyance Deed/Issuance of Authorisation Slip: The conveyance deed /Issuance of Authorisation Slip shall be executed/ issued by Lease Admin Officer (LAO)/AD of Unauthorised Colony Cell after verification of all original documents in the presence of applicant and two witnesses brought by the applicant.

Closing:

(i) the signed conveyance deed/Authorisation Slip shall now be scanned and uploaded in the software application;

(ii) the execution of the Conveyance Deed or Authorisation Slip shall enable the residents to get the instruments registered by Sub-Registrar.

Completion of the process: DDA shall complete the issuance of conveyance deed/Authorisation Slip in 180 days.

Rejection: If conveyance deed/Authorisation Slip is not issued within 180 days, rejection letter will be issued stating the reasons/ grounds for rejection.

Dispute resolution: On rejection of application or in case of any dispute, the applicant will submit representation to DDA, which shall decide the same within ninety days of receipt of the representation.

Calculation of charges for Category- 1
(see regulation 4(9))

*% of circle rate of residential use (highest) of the surrounding colony as per GNCTD notification No. F.1(953)/Regn.Br./Div. Com./HQ/2014/5943 dt. 22.09.2014

Calculation of charges for Category- 2

*% of circle rate of residential use (highest) of the surrounding colony as per GNCTD notification No. F.1(953)/Regn. Br./Div. Com./HQ/2014/5943 dt. 22.09.2014.