Delhi, the capital of India, is a key centre of trade, commerce and small industries as well as art and culture of India. The planned development of Delhi has a special significance and has been engaging the attention of the Government from the very beginning.
The Master Plan for planned development of Delhi was promulgated in 1962 (MPD-62). This Master Plan covered the period up to 1981. Currently, modification of the Master Plan for the period up to 2041 is under active consideration (MPD-2041). Many of the projections made in the earlier master plans, regarding the planned development of Delhi could not be realized on account of the explosive growth of population of the Union Territory, due to both natural growth and migration of people from the neighboring States.
The population of National Capital Territory of Delhi has grown tremendously from less than one million (10 lakhs) prior to Independence in 1947 to 16.7 million (167 lakhs) as per the 2011 census. As per the Master Plan for Delhi (MPD) - 2021 projections, the population of Delhi in 2021 is estimated at 22.5 million (225 lakhs).
While the strategy of planned development of Delhi, has by and large ensured rational, integrated and balanced growth of the city despite the burgeoning growth of population, it has led to unanticipated developments including encroachment on public land, growth of unauthorized colonies and slums. Further, large chunks of private land, which is earmarked for uses other than residential, such as green and agriculture, have also become Unauthorized Colonies.
Around 40 lakhs residents of Delhi are living in unauthorized colonies. Besides, absence of approved building plans, these colonies suffer from other inherent problems of haphazard growth, lack of public amenities and social infrastructure, unsafe structures and unhygienic conditions.
Efforts were made by successive Governments to regularize these colonies. Some success was achieved in 1961 when a press note dated 19.07.1961 issued by Delhi Administration regarding the problems of Unauthorized Colonies became the basis for regularization of the first set of 103 Unauthorized Colonies by Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) up to 1962. Thereafter, Government of India (GoI) issued an order regarding regularization on 16.02.1977 under which 567 Unauthorized Colonies were regularized by MCD and DDA between 1979 and 1993.
With the approval of the Union Cabinet on 24.07.2000, the then Ministry of Urban Development (MoUD) formulated Guidelines in 2001 for regularization of Unauthorized Colonies existing as on 31.03.1993. But these Guidelines could not be implemented. The Guidelines were again revised in 2007 by MoUD and issued on 05.10.2007.
Based on these Revised Guidelines of 2007, Regulations for regularization of Unauthorized Colonies were notified on 24.03.2008. As per the 2008 Regulations, the entire process of regularization was to be coordinated and supervised by Government of National Capital Territory of Delhi, (GNCTD) by giving wide publicity. Delineation of boundary of UC was the starting point of the process as per the Regulations. However, GNCTD could not delineate the boundaries of these colonies even after 11 years of issuance of the Regulations and sought more time up to 2021 to complete this exercise.
Properties, whether in the form of vacant plot or built up space, in these Unauthorized Colonies are generally held through General Power of Attorney (GPA), Will, Agreement to Sell, Payment and Possession documents. Residents of Unauthorized Colonies don’t have proper ownership and transfer rights because these instruments don’t get registered in the Sub-Registrar’s office. For nearly 25 years, nothing was happening to improve and fulfill the aspirations of the residents of the Unauthorized Colonies.
It is in this background that the transformative PM-UDAY scheme was devised by the Government of India in 2019 for residents of Unauthorized Colonies in Delhi. A vision to give ownership rights and ensure that residents of the Unauthorized Colonies live a life of dignity. A dream to own, a dream for quality life with parks, playgrounds and community facilities. A dream for development.
For ameliorating the condition of inhabitants of Unauthorized Colonies in Delhi, the Union Cabinet constituted a Committee in March 2019 under the chairmanship of Lieutenant Governor of Delhi to recommend the process for conferring ownership rights to residents of these colonies in a planned manner. The conferment of such right was a pre-requisite to kick-start any meaningful development/ redevelopment of these colonies in terms of the provisions of Master Plan for Delhi and thereby creating a better livable habitat for the residents.
Hon’ble Supreme Court in Suraj Lamp case (11.10.2011) disallowed GPA, Will and Agreement to sell as valid instruments for transfer of property. Most of the properties in Unauthorized Colonies have these instruments as ownership documents. The Committee took legal advice on the matter and recommended that a policy decision be taken to recognize such instruments executed after 11.10.2011 till a given date notified by Government.
The Committee submitted its report in June 2019 to Ministry of Housing & Urban Affair (MoHUA) and based on the Committee’s recommendations and further consultations, a proposal was placed before the Union Cabinet in its meeting held on 23rd October,2019.
The proposal also provided the residents of Unauthorized Colonies exemption from the applicability of Section 56 of Income Tax Act on any tax liability imposed on sale/purchase of any immovable property - land or building or both. As most of the residents of the Unauthorized Colonies had purchased houses or lands at below the circle rate fixed by the government for registration of properties, the tax liability was levied on the differential of fair market value (FMV) and actual purchase price.
The Cabinet approved the Regulations to confer/recognize ownership or rights transfer right to the residents of unauthorized colonies (UCs). After approval from Union Cabinet, the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 was notified on 29.10.2019 and Act in December 2019 for conferring / recognizing ownership rights to the residents of 1,731 Unauthorized Colonies in Delhi.
The PM-UDAY scheme is for conferment of ownership or transfer/ mortgage rights to the residents of 1731 Unauthorized Colonies (UCs) in Delhi.
Applications are being invited from the residents on online portal of DDA and further scrutiny is being carried out in online mode only. The online scrutiny is being carried out by dedicated staff posted in processing centers and its extended offices of PM-UDAY Cell of DDA.
A total of 10 processing centers and 17 extended offices of processing centers have been made functional at various locations across Delhi for ease of access and facilitation of the general public. The colonies have been grouped as per contiguous geographical boundaries and the colonies have been assigned to the concerned processing center in close proximity to the colonies.
|101||Adarsh Nagar (04)|
|Shalimar Bagh (14)|
|Model Town (18)|
|Ambedkar Nagar (48)|
|RK Puram (44)|
|Delhi Cantt. (38)|
|Vishwas Nagar (59)|
|Krishna Nagar (60)|
|Gandhi Nagar (61)|
|Laxmi Nagar (58)|
|Karawal Nagar (70)|
|Kirari (09) + Mundka (08)|
|NangloiJat (11) + Mundka|
|Bawana (07) + Mundka (08)|
|Vishwas Nagar (59)|
|Karol Bagh (23)|
|Greater Kailash (50)|
|Malviya Nagar (43)|
|Kasturba Nagar (42)|
The PM-UDAY scheme recognizes and/or confers rights of ownership/ transfer/ mortgage to the residents of Unauthorized Colonies in Delhi. It is aimed towards addressing the issue of lack of ownership/ mortgage/ transfer rights to the residents of Unauthorized Colonies and consequential benefits that will accrue in the form of development and redevelopment leading to a livable habitat upon conferring such rights to residents of Unauthorized Colonies in Delhi.
The conferment of property rights will allow the residents of Unauthorized Colonies the following:
a. The residents can sale/purchase their properties without any hindrance.
b. Residents can avail loans from banks / financial institutions against their properties..
c. Residents can get building plans approved.
Further, conferment of rights opens up huge possibility of redevelopment. DDA will come out with relaxed development control norms and incentives in terms of higher Floor Area Ratio (FAR) in these colonies so that new development can take place with much wider roads, green areas, public spaces like parks etc., adequate infrastructure in terms of water, sewer, sanitation etc., social amenities like schools, hospitals, entertainment etc. This will bring ease in life of citizens and improve their quality of lives
Therefore, conferment of rights will give far more to the residents of Unauthorized Colonies than mere regularization, for name sake.