NDMC panel proposes regularisation of illegal additions in ‘co-owned houses’ – ET RealEstate

NEW DELHI: The standing committee of the North Delhi Municipal Corporation on Friday proposed to regularise “illegal and extra construction work” done in ‘co-owned houses’ of a certain category, which were built before 2012, after payment of penalties, the civic body said. A resolution to this effect was passed by the NDMC panel in its meeting held at the Civic Centre.

Moving the resolution Leader of NDMC House Yogesh Verma said such “co-owned houses (‘sanyukt makan’) built before 2012 have not been amalgamated” and their number is huge, so due to layouts of such structures not getting cleared, people residing in them are “facing problems”.

So, the NDMC standing committee “resolves to regularise illegal and extra construction work” done in ‘co-owned houses’ of a certain category, which were built before 2012, on payment of penalties, he said.

The committee said such property owners should submit the layout to the chief planner’s office and the latter should “incorporate it”.

In response to a query during the proceedings, the NDMC, in a written reply, said that total amount of property tax collected till March 17 in this financial year, for the category of residential properties is Rs 153 cr, while for the non-residential and commercial properties category, it was Rs 410 crore.



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Delhi HC declines to interfere with East Kidwai Nagar redevelopment project – ET RealEstate

NEW DELHI: The Delhi High Court on Thursday declined to interfere with the East Kidwai Nagar redevelopment project saying it was in tune with the Master Plan of Delhi (MPD) approved by various statutory authorities. The high court also said

it cannot reassess the project in the absence of any specific challenge to the permissions for it.

It, however, said that there was a shortfall in compensatory tree plantation in lieu of the trees felled for the project and also “misuser” or excess earmarking of area for commercial use under the redevelopment.

The high court also observed that while decentralisation of offices was the need of the hour, it cannot be said that there was total prohibition on relocation of central PSU offices within Delhi at present, making the present project illegal.

“One can only say that the government must work towards the fulfilment of this goal that has been set in the MPD,” Justice Navin Chawla said.

The high court directed NBCC, which is carrying out the work, not to handover possession of the commercial/office block in the project to the allottees without first ensuring that the compensatory plantation was completed.

With regard to the excess commercial use of 16,241.9 square metres, the high court directed that the authorities would have to consider if the same can be compounded and if not, then the Centre and NBCC have to bring the construction in conformity with the usage requirement, “the mode and manner of which is again left to the relevant authorities to consider”.

“In such consideration, the authorities shall take into account the traffic and parking issues also which have been raised by the petitioners.. However, till such consideration and terms thereof are complied with, the respondent no. 19 (NBCC) shall stand restrained from handing over of the possession of such construction, i.e. 16,241.9 square meters to the third parties/allottees. It is directed accordingly,” the high court said in its 96-page judgement disposing of the plea by some residents of nearby South Extension-II colony opposing the project.

The high court came to the conclusion that there was “misuser” or excess commercial usage under the project after noting that out of the total project land of 86 acres, 14 acres were classified as land of the protected monument — Darya Khan Tomb — where no construction was permissible and therefore, it could not have been taken into account for sanctioning the plan or determination of the floor area ratio (FAR) applicable to the project.

“By adding the said area to the total area of land handed over to the respondent no. 19 (NBCC), what could not have been achieved directly was sought to be achieved indirectly. The same is not permissible. Mere sanction of the plan by New Delhi Municipal Council (NDMC) would also not come to the aid of the respondent no. 19 in this regard.

“There is a statutory ban on any construction over the protected area, the same, therefore, could not have been taken into account while sanctioning the plan and this court cannot shut its eyes to the said violation merely because there is no specific challenge to the same laid in the petition. Therefore, once it is found that the land of Darya Khan Tomb could not have been taken into account for determination of FAR applicable to the project, mere sanction of the plans by the NDMC cannot come to the protection of the respondent no. 19,” the high court said.

Excluding the 14 acres covered by the monument, the court observed that “there is an excess of 16,241.9 square meters earmarked for commercial usage in the project”.

“As the overall construction would be within the limit, this would be a case of misuser rather than unauthorized construction,” the high court added.

The project aims to construct both commercial and residential complexes, with the majority comprising houses under the General Pool Residential Accommodation (GPRA) for the government employees.

The residential towers, under the project, would include a play area, jogging tracks, pet parks, banquet hall, dispensary, primary and senior secondary schools, gardens, local shopping Centre, ATMs, the court noted in its judgement.

The petitioners had contended that the redevelopment would have “a devastating impact” on the lives of the residents of the South Extension-II colony as the project does not provide for adequate infrastructure in the form of roads, open spaces, water supply, green belt etc.

They had also alleged violation of various conditions imposed by the authorities while granting permissions for the project.

The court, however, said that the respondent authorities have given details of the permissions granted by them to the project.

“They have also taken a stand that there is no violation of the conditions imposed by them. In the petition there was no specific challenge to any of the permissions/sanctions so granted. In such a scenario, vague pleas of violation of any conditions imposed cannot hold any water. In absence of any specific challenge to any of such permissions, this court cannot sit as an appellate body over such authorities to reassess the permissions so granted,” it said.

Regarding the petitioner’s grievance that the project would lead to heavy vehicular congestion in the area, the high court said the “exponential” and “alarming” rate of increase in traffic in the city was a matter of general knowledge and the authorities have to be proactive and vigilant to address the same.



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North Delhi civic body allots four plots to DMRC for Phase-IV work – ET RealEstate

Clearing the way for starting construction work of Delhi Metro phase-IV, the standing committee of North Delhi Municipal Corporation on Thursday approved the transfer of land at four sites for building viaducts and pillars for the RK Ashram Marg-Majlis Park and Janakpuri-Majlis Park corridors.

Three of the four land pockets are with the horticulture department of Rohini zone, while one is being used by the engineering department. The four patches of land measure 507.3 sqm, 112 sqm, 423.3 sqm and 298.97 sqm. A report of the standing committee stated that for permanent transfer, the entire land cost needed to be paid. For temporary transfer, 5% of the land cost must be paid yearly.

An annual payment of Rs 16.5 lakh was proposed for temporary transfer of the land. Delhi Metro Rail Corporation (DMRC) won’t be able to use the land for commercial purposes without taking permission from the municipal corporation. Also, DMRC cannot sublet or lease the land to other parties on concessional rates for any revenue generating purpose.

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Drive to de-seal 1,356 residential units kicked off in Delhi – ET RealEstate

NEW DELHI: North Delhi Municipal Corporation has initiated a drive to de-seal 1,356 residential properties on the directions of the Supreme Court. On Thursday, the process to de-seal the properties began in Todapur village in the presence of Delhi BJP chief Adesh Gupta and mayor Jai Prakash.

The owners have been given 15 days to demolish any illegal structure. The residential properties were sealed last year after the SC-appointed monitoring committee found illegal extensions, such as guard cabins in the stilt parking area, made by the owners.

“But these properties were later found to be sealed wrongly. The court in its August 14 ruling clarified that the matter of illegal construction in residential properties didn’t fall in the jurisdiction of the monitoring committee. All the 1,356 such properties falling in our areas will be de-sealed without charging any amount,” said Jai Prakash.

“There are around 3,000 such properties in Delhi. We aim to open them all before Diwali. We have asked officials to check the status,” said Gupta later in a joint press conference with mayors of the north and south corporations. TNN



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