Decoding Centre’s bid to amend Delhi’s land pooling policy | Land Portal
Author(s): 
Express News Service
Language of the news reported: 
English

A key provision of the proposed amendment is that once the minimum threshold of 70% voluntary land pooling is achieved in a sector, it will be mandatory for the owners of the remaining 30% land to pool in their land.

main photo: Delhi’s land pooling policy is aimed at meeting its growing housing demand by providing about 17 lakh dwelling units in 95 urban villages located in the city’s urbanised extension. (Representational)

The Union ministry of housing and urban affairs has recently announced its proposal to amend the Delhi Development Act, 1957 in a bid to ensure effective implementation of the land pooling policy in Delhi and remove bottlenecks for development of unauthorised colonies in the city.

A key provision of the proposed amendment is that once the minimum threshold of 70% voluntary land pooling is achieved in a sector, it will be mandatory for the owners of the remaining 30% land to pool in their land.

The proposed amendment would also empower the central government to declare “mandatory land pooling” in a sector to ensure time-bound planned development even if the minimum threshold participation has not been achieved there.

What is the objective of the proposed amendment to Delhi Development Act, 1957?

The Union urban housing ministry has proposed an amendment to the Delhi Development Act, 1957 to remove bottlenecks in the implementation of the Delhi Development Authority (DDA)’s land pooling policy notified in 2018.

According to the proposed amendment, once the minimum threshold of 70% land is pooled voluntarily in a sector, it shall be obligatory for the remaining 30% landowners to pool in their land too.

As part of the implementation plan, the DDA will issue conditional notice for formation of consortium for the eligible sectors (where 70% land is pooled), stating it would ensure proper contiguity of all the partially-participated khasras (unique numbers assigned to plots).

The proposed amendment will give power to the Centre to declare mandatory pooling even if the minimum threshold participation has not been achieved.

This is aimed at ensuring time-bound planned development of a sector.

A land pooling officer will be designated to prepare a sector plan / regeneration plan and for its notification. There would also be a provision for redressal of landowners’ grievances.

The government has also proposed exemption from multiplicity of stamp duty and registration charges on deeds of exchange on reconstitution and distribution of land parcels.

The proposal also envisages giving the Transferable Development Right (TDR) to construct or develop floor area to persons who have not been able to utilise permissible Floor Area Ratio (FAR) on their own plots, which could be thus transferred, exchanged, bought and sold. The consortiums will be a legal entity under the Companies Act or Cooperative Societies Act.

Delhi’s land pooling policy is aimed at meeting its growing housing demand by providing about 17 lakh dwelling units in 95 urban villages located in the city’s urbanised extension.

The avowed objective of the land pooling policy is to foster land development in partnership with landowners in order to make them “equal partners” in the process.

Union housing minister Hardeep Puri has said that more than 400,000 registrations have been completed by the DDA under the Prime Minister – Unauthorised Colonies in Delhi Awas Adhikar Yojana (PM-UDAY). The PM-UDAY confers the ownership or transfer/ mortgage rights to the residents of unauthorised colonies in Delhi.

Who will benefit from the Centre’s move?

The ministry has said that 12,009 conveyance deeds and authorisation slips have already been issued and that the land pooling scheme will benefit another 75 lakh people.

Puri said that “Jahan Jhuggi Wahan Makan” scheme for in-situ slum rehabilitation will benefit more than 50 lakh people by offering pucca (permanent) houses to those living in unorganised settlements in Delhi. Three such projects in Kalkaji, Jailorwala Bagh and Kathputli colony, comprising 8,000 houses, are currently in progress.

Delhi’s land pooling policy notified “land pooling area” in 129 sectors, with each sector comprising 100-200 hectares of land. The ministry claims that overall the landowners of 36% of the land pooling area have shown willingness to pool their land so far.

What are the hurdles?

Sixteen priority sectors have been identified in the land pooling area wherein around 70% (or more) area have been pooled with owners showing willingness to participate in the land pooling. In 4 sectors — Sector 10, Zone N, Sectors 2 and 3 in Zone P-II, and Sector 3 in Zone L — around 70% or more land has been registered and verified for formation of consortium.

However, there are khasras in the pooled land that are under multiple ownership, where all the owners have not indicated their willingness for participation in land pooling.

“Due to this ‘part participation’ none of the sectors are ‘absolutely contiguous’, even the sectors where land parcel meets the 70% criteria. This is major obstacle in moving ahead with the implementation of the policy,” the ministry had said.

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