Seminar on

PLANNING & DEVELOPMENT LAWS

(Technical Session 4 – Plan Implementation) 26th September, 2014

Housing for the Lower Income Groups

Responsible Agencies in Delhi, Applicable Laws & Planning Provisions

in MPD-2021 By:-

Sunil Mehra Chief Town Planner

East Delhi Municipal Corporation 1

What do the poor want in the name of

Affordable Housing? • Intervention by state to provide cheap

developed land or subsidized built-up flats.

• Maximum freedom from control thru building regulations and simplified sanction of building plans.

• Community facilities and basic services like water supply, sewerage, drainage and electricity.

• Housing Development Finance.

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What does the State provide?

• Cheap land is not available with the state. Schemes for EWS and LIG housing are very few and cater only to a small percentage of housing stock deficit.

• Prevalent building regulations require simplification for sanction of building plans. Unauthorized construction without sanction prevails.

• States provide subsidized basic services and infrastructure like roads and storm water drains.

• Housing Development Finance is not easy & cheaply available.

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Responsible Agencies- Laws and Rules

• Delhi Urban Shelter Improvement Board (DUSIB)

― Slum Areas (Improvement & Clearance) Act, 1956

― DUSIB Act 2010

• Rajiv Awas Yojna (RAY)

— Central Control and Funding

• Delhi Development Authority and Three Municipal Corporations (East DMC, North DMC & South DMC)

— Redevelopment under Master Plan for Delhi 2021

— Slum & JJ redevelopment Regulations and Guidelines

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DESTINATION FOR THE URBAN POOR - UNAUTHORISED COLONIES

• Section 14 of Delhi Development Act, 1957, prohibits use of land and building in contravention of Master plan.

• Section 312 & 313 of Delhi Municipal Corporation Act, 1957 requires approval of layout plan before developing any land.

The Colonies emerging in violation to these Acts are Unauthorised Colonies.

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Other Destination for Urban Poor – Delhi Slums & JJ Clusters

• According to a report filed by MCD in Supreme Court, nearly half of Delhi population lives in slums, JJ clusters, and Unauthorised Colonies

• About 1080 JJ clusters existed in Delhi, having about 4.8 lakh jhuggis where 220 JJ Clusters are Relocated

• Based upon projected population of 230 lakhs by 2021, the estimated additional housing stock required would be around 24 lakh dwelling units, out of which 50-55% requirement will be for urban poor and Economically weaker sections

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UNAUTHORISED COLONIES OR SLUM CLUSTERS

• Area of Govt./ Public land under unauthorized colonies or slums is either sold or occupied.

• Unhealthy living conditions.

• Violation of Master Plan & encroachments.

• Disregard to planning, land use and building byelaws.

• Upsets the planned provision of services, infrastructure & facilities.

The Problems

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Creation of Delhi Urban Shelter

Improvement Board • The Delhi Govt. vide Delhi Gazette Notification dated

01.07.2010 has created the Delhi Urban Shelter Improvement Board under the Delhi Urban Shelter Improvement Board Act, 2010.

• The main objective of the DUSIB is “creation of Housing stock for the poor sections of the society and for the implementation of provisions of Slum Areas (Improvement & Clearance) Act, 1956”.

• The Board envisions for improvement of the living conditions of the slum dwellers, including the JJ clusters (jhuggie jhopri basties), in order to make Delhi a ‘Slum Free City’.

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The Slum Areas (Improvement and Clearance) Act, 1956

• An Act to provide for improvement and clearance of slum areas in certain union territories and for the protection of tenants in such areas from eviction

• Extends to all union territories except Andaman & Nicobar Islands and the Laccadive, Minicoy & Amindivi Islands

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Chapter – II: Section 3- Declaration of Slum Areas

• Areas which are unfit for human habitation

• Areas detrimental to safety, health or morals by reason of dilapidation, overcrowding, faulty arrangement and design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities or any combination of these factors.

The Slum Areas (Improvement and Clearance) Act, 1956

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• Chapter III Slum Improvement

• Chapter IV Slum Clearance and Re-Development

• Chapter V Acquisition of Land

• Chapter VI Protection of tenants in slum areas from eviction

• Chapter VII Miscellaneous

The Act consists of only 16 pages

The Slum Areas (Improvement and Clearance) Act, 1956

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CATEGORISATION OF SLUMS

NOTIFIED SLUMS : • As per provision of Slum Act, 1956

– The entire area of Walled city and its extension - wherein about 1 lacs katras/properties containing 10 lacs families have been identified.

– Out of 1 lacs properties, 3000 properties/kartras which were transferred to Slum & JJ Department by Ministry of Rehabilitation and also acquired under Delhi Ajmeri Gate(DAG) Scheme in the year 1965 are being maintained by DUSIB.

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CATEGORISATION OF SLUMS

JJ. CLUSTERS : • All the JJ clusters which are located in Delhi, are illegal

encroachment on public land by jhuggie dwellers. In1990 survey conducted by Food & Supplies Department of GNCTD for the purpose of issue of Ration Cards: 929 JJ Clusters, containing 2.59 lacs jhuggies.

• No further authentic survey ever conducted by S&JJ Department or any other agency: However, as per purely rough assessment made in March, 1994 by the field functionaries of S&JJ Department: 1080 JJ Clusters, containing 4.80 lac jhuggies.

• No. of JJ clusters yet to be relocated or developed in-situ - 860, containing 4.20 lacs jhuggies.

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Un-authorised Colonies in Delhi

• Delhi saw fastest migration trend since its first Master Plan in September, 1962.

• By this time 103 unauthorised colonies had already come up in the city, as a result of the migration trend. These 103 unauthorised colonies were regularised during the period 1960 – 1962.

• The Delhi Development Authority was created in the year 1957, which took up provision of housing as one of the functions assigned to it. The housing stock by DDA was provided under the scheme of planned development, by bulk acquisition of land.

• The dwelling units provided by the DDA were insufficient or being out of the reach of the poor sections of the society and therefore the urban poor had no other option but to get themselves accommodated in unauthorised colonies coming up in violation of Section-14 of the DDA Act.

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Un-authorised Colonies in Delhi

• Through a survey conducted in the year 1980, a new list of 607 unauthorised colonies was prepared, out of which 567 were regularised till October, 1993.

• Since the year 1993, no unauthorised colony has been regularised in Delhi till September 2014 except about 6 such colonies.

• 1639 unauthorised colonies are now awaiting regularisation under the notified policy and guidelines of regularisation of the year 2008.

• The unauthorised colonies have proved to be a major contributor of housing stock in Delhi, although it is to record here that these colonies are unauthorised and all the existing buildings therein are required to be regularised under the prevailing Building Bye Laws and other statutory regulations.

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Redevelopment - Meaning

• A process created to assist the government in eliminating blight or dilapidation from a designated area to change its face, and to achieve desired development, reconstruction and rehabilitation of residential, commercial and industrial areas through this process.

• Not necessarily involving demolition of existing structures, but may rather envisage rehabilitation of existing buildings or other neighborhood improvement initiatives.

• Redevelopment for a planner includes urban renewal (urban revitalization).

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Legal Provisions to Achieve Redevelopment

• State to Create Statutes to Establish Redevelopment Agencies – Redevelopment requires that the state creates

statutes to give cities and towns, an authority to establish redevelopment agencies and give these agencies the authority to attack problems of urban decay by better planning solutions.

– The statutes give power to state under Eminent domain i.e. the power to take private property for public use by a state or national government. The “Slum Rehabilitation Authority” (SRA) declared as “Special Planning Authority” in exercise of powers conferred by Sub Section (1B) of Section 40 of MR & TP Act, 1966 is one such example.

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Legal Provisions to Achieve Redevelopment

• The financing of Redevelopment might come from borrowing from the state governments and by selling bonds or by innovative means i.e. public-private partnerships.

• Sometimes controversy may result either from the use of eminent domain, or from objections to the change of use or increase in density and intensity on the site or from disagreement on the appropriate use of tax-payer money to pay for some element of the project.

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Legal Provisions to Achieve Redevelopment

• The Constitution of India originally provided for the right to property under Article 19 (I) (e) as a fundamental right and under Article 31. Article 31 provides that "No person shall be deprived of his property save by authority of law. Compensation is required to be paid to a person whose property had been 'taken possession of or acquired' for public purposes.

• The 44th amendment act of 1978 deleted the right to property from the list of Fundamental Rights and incorporated it merely as a constitutional right which will be regulated by ordinary law.

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Legal Provisions to Achieve Redevelopment – MPD-2021

Para 4.2.3.4: Slum & JJ redevelopment Regulations and Guidelines for Collective Community Rehabilitation/ Relocation – In situ Upgradation/ Rehabilitation of Slum & JJ Clusters and Resettlement Colonies.

• These guidelines with site specific relaxations may be adopted as required. Here group housing norms are applicable with conditions such as:

i. Minimum plot size is 2000 sq. m.(facing Min.9 mts. Road) ii. Maximum Density 600 DUs per Ha. +10% variation on residential

component of land iii. Overall FAR=400 on residential component of land and on

remunerative component, as allowed for that landuse iv. Minimum Residential component for rehabilitation of squatters=60%

and maximum remunerative area component=40% v. Mixed use/ commercial component in residential component=10%

Maximum vi. Local body has to approve the scheme

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Legal Provisions to Achieve Redevelopment – MPD-2021

Kathputli Colony In-Situ Redevelopment Project

• The Kathputli Colony project, spread across 5.22 hectares envisages construction of 2,800 EWS units for squatter families.

• It is to be constructed under a public-private-partnership model — by the DDA and real estate firm Raheja Developers.

• To encourage private players to take up such projects, a certain percentage of commercial exploitation of land along with development of high-end housing on the same plot were approved.

• This project is to be a model for other in-situ rehabilitation of slum clusters in Delhi.

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Legal Provisions to Achieve Redevelopment – MPD-2021

• Raheja Builders will redevelop the cluster by constructing 2,800 dwelling units and these will be transferred to DDA free of cost. The developers have been adjusting the land for in situ development, the balance land for setting up residential apartments and commercial property.

• Since the free land available at the site was not adequate, DDA cleared land at Anand Parbat for temporary relocation of residents of Kathputli colony.

• The transit accommodation has been ready. Once the residents of the colony are shifted to the transit accommodation, the developer will start construction at Kathputli Colony.

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Legal Provisions to Achieve Redevelopment – MPD-2021

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Plan Implementation Conclusions

• Unauthorised Colonies are having difficulties in Regularisation and therefore PPP Mode requires to be adopted.

• Simplified provision of planning permission at scheme level including Unauthorised Colonies to reorganize/pool properties for planning purposes.

• Provision of social infrastructure through ‘Transferable Development Rights’ or ‘Accommodation Reservation’.

• Reduced space standards for unplanned area.

• Enhanced FAR for Specified & Notified Redevelopment Areas.

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Plan Implementation Conclusions

• The existing laws to provide housing for poor have miserably failed in Delhi.

• In-situ redevelopment requires to be applied to almost all the JJ Clusters with further relaxation in Development Control Norms.

• In view of the space crunch and to accommodate in-situ redevelopment, the concept of Two-Room accommodation requires major shift in policy.

• The earlier concept of providing one room requires a re-thought in the form of Studio Apartments.

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Thank You…

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