Bill On Regularisation Of Delhi’s Unauthorised Colonies In Lok Sabha

A Bill which seeks to provide a legal framework to grant ownership rights to people living in unauthorised colonies in Delhi was introduced in the Lok Sabha on Tuesday.

According to the Bill, ownership rights will be given on the basis of power of attorney, agreement of sale, will, possession letter or any other documents, including papers evidencing payment of consideration through a conveyance deed or authorisation slip.

The stamp duty and registration charges shall be payable on the amount mentioned in the conveyance deed or authorisation slip.

The applicants will have to register and upload the required documents -- general power of attorney, payment receipt, possession letter, etc. -- on the website, Delhi Development Authority Vice Chairman Tarun Kapoor said.

"Thereafter, a team of DDA will visit the spot for verification. The officials will help the applicants remove deficiencies, in case there are any," he said.

Union Housing and Urban Affairs Minister Hardeep Singh Puri introduced the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Bill, 2019 in the House.

The proposal to grant ownership rights is applicable to 1,797 identified unauthorised colonies spread over 175 square-kilometres of the national capital inhabited by people from lower-income groups.

The decision is politically significant as it will benefit millions of poor migrants who hold the key to the Assembly election due early next year and had backed the AAP in large numbers in the 2015 Delhi polls. The Union Cabinet had approved the Bill on Nov. 20.

Last week, Puri had said that people living in unauthorised colonies in the national capital would be able to apply for ownership rights starting Dec. 16. Recently, Prime Minister Narendra Modi had told some representatives of welfare associations of these colonies that a bill would be brought to implement the decision.

The AAP government in Delhi had accused the Centre of not bringing the bill as promised. According to the existing regulations of 2008, the process of regularisation was to be coordinated and supervised by the Delhi government.

"Delineation of boundary of unauthorised colonies is the starting point of the process as per regulations. However, the Delhi government could not delineate the boundaries of these colonies even after 11 years of issuance of the regulations and has sought more time up to 2021 to complete this exercise," an official statement had said on Oct. 23.

The move does not apply to 69 affluent colonies identified by the Delhi Development Authority, including Sainik Farms, Mahendru Enclave and Anantram Dairy, Union minister Puri had said when the Cabinet approved the proposal last month.

The proposed bill is aimed at recognising general power of attorney, will, agreement to sell, purchase and possession documents, which will be a one-time relaxation for this purpose for the residents of these colonies.

The bill will also provide for registration charge and stamp duty on last transaction and also address the issue of income tax liability on account of less than circle rate charges.

In July, the Delhi government had proposed a set of parameters to regularise the 1,797 colonies which include charging 1 per cent cost of circle rate of land for up to 200 square metre plot from occupants besides a nominal penalty.

The rights will be conferred on payment of nominal charge based on carpet area/plot size. For colonies on government land, the charge will be 0.5 percent (for less than 100 sq m), 1 percent (for 100-250 sqm) and 2.5 percent (for greater than 250 sqm), of the circle rate of highest category of locality of the residential area surrounding the unauthorised colony. For colonies on private land, it will be half of the charge on government land.