The modified Chapter -19 (Land Policy) is as follows:-
19.0 Land Policy
Land acquisition and planned development in Delhi has not kept pace with the increasing demands of urbanisation during the last five decades. The prevailing large-scale Land Acquisition, Development and Disposal Policy of Delhi (1961), allows for development of land through acquisition and subsequent planning by DDA. Acquisition of land at such large scale could not be conducted in a time bound manner and this led to a mismatch between the pace ofgrowth, and the demand and supply for built-up space and other physical, social and institutional
Land Pooling is a new paradigm for the urban development of Delhi, wherein the private sector will play an active role in assembling land and developing physical and social infrastructure. Under this concept, owners or groups of owners will pool land parcels for development as per prescribed norms and guidelines, making them partners in the development process. For integrated planning of a sector, the land required for development of roads, utilities, greens and other infrastructure shall be made available to the DDA and service providing agencies for development as per approved Zonal Development Plan (ZDP) and Sector Layout Plans. Planned development will increase the value of their land through provision of infrastructure and public facilities. The outcomes are expected to be world class ‘smart’ and sustainable neighborhoods, sectors and zones, planned and executed as per the availability of water, power and other infrastructure. This Policy is applicable in the urbanizable areas as notified by DDA/Government from time to time.
19.1 Guiding Principles
Developer Entity (DE) can participate in the scheme by pooling land parcels covered under a sector (as defined in the Regulations) as per Zonal Development Plan. The Developer Entity can be:
a). An individual land owner of one or more parcels of land in a delineated sector, adding up to a minimum of 2 hectares.
b). A group of land owners who have voluntarily grouped together for this purpose, through a valid and legally enforceable agreement in a delineated sector, adding up to a minimum of 2 hectares.
c). An entity (developer/business/corporate entity) representing a group of landowners who have pooled, through a legally binding agreement, contiguous land parcels having an area of 2 hectares ormore. Land parcels of any size can benefit from the policy by pooling. The limit of 2 hectares has been set to facilitate consolidated assembly of land.
ii. In order to ensure unified planning, servicing and subdivision/share of the land for in a sector as per Land Policy and Regulations, a minimum of 70% contiguous land of the developed area within the sector, free of encumbrances, is required to be pooled for processing of development.
iii. A DE must apply to DDA with a minimum pool of 70% contiguous land in a sector. Multiple DEs may also form a “Consortium” (duly registered in accordance with law), to collectively meet this requirement and apply to the DDA as a single legal entity under the Policy.
iv. DE/Consortium may apply to DDA for development in more than one sector, provided that the sectors are adjacent and 70% contiguous land is pooled in each of the sectors.
Of the pooled land, the DE/ Consortium will retain 60% and hold the remaining 40% on behalf of DDA, to be surrendered (free of encumbrances) as and when required to DDA/ service providing agencies for development of city level physical infrastructure, recreational and public/semi-public (PSP) facilities as per the Zonal Development Plans (ZDPs) and Layout Plan of a sector. Each landowner/DE will surrender land proportionate to the area of land pooled, irrespective of land uses assigned to their original land in the ZDP.
vi. The 60% land shall be utilized by the DE/Consortium for development of residential, commercial, public and semi-public facilities as per the Policy.
vii. Adequate provision of EWS housing shall be ensured in the new development area as per the Master Plan.
19.2 Role of DDA and/or Government
i. Ensure smooth and fair implementation of the Policy.
ii. Overall planning with respect to ZDP and the land to be utilized by DDA and service providing agencies for provision of city level physical infrastructure, recreational and public/semi-public (PSP) facilities.
iii. Revision of ZDPs as and when required for new development areas, including delineation of sector boundaries.
iv. Facilitation of the entire process of development by DEs/Consortiums through a Single Window System for application, verifications, approvals, licenses, etc. in a time bound manner.
v. Overall monitoring of provision of relevant infrastructure for water supply, sewerage, drainage, power, transportation etc., by service providing agencies in a time bound manner.
vi. Acquisition of any land, which has not been offered under land policy and is required for effectuating the policy in any sector, in accordance with law. The cost of such acquisition shall be borne by the DE/Consortiums.
vii. Ensuring sale of EWS housing stock handed over by the DE/Consortium to DDA as perPolicy.
viii. Setting up and operation of a robust and credible dispute resolution mechanism to address grievances/disputes that may arise during the implementation of the Policy.
19.3 Role of the DE/Consortium
i. Assembly of encumbrance free land as per Policy and surrender of encumbrance free land to DDA and service providing agencies as and when required.
ii. Preparation of Layout Plans and detailed site plans for the remaining 60% land as per the provisions of the ZDP and prevailing MPD, through a consultative process involving all DEs/landowners.
iii. The development of un-pooled land parcels that remain in any sector after licence for development has been granted to a DE/Consortium, may be allowed subject to:
a. workability of the proposed Layout Plan in terms of accessibility and other functional requirements.
b. making 45% land available for city level infrastructure/facilities or as determined by the Authority from time to time.
iv. Timely payment of External Development Charges (EDC) to DDA and service providing agencies towards the cost of developing public infrastructure and services, through the Single Window System and as per timelines specified in the Regulations. EDC shall be payable on the total land pooled by the DE/Consortium.
v. Seeking necessary approvals, inter-alia, of Layout Plans and detailed site plans, through the Single Window System established by DDA.
vi. Time bound development of all internal roads and other related infrastructure such as water supply lines, power supply, rain water harvesting, sewage treatment plant, water treatment plant, and parking, including provision of multi-level parking facilities wherever required, falling in its share of the land, as per Policy and Regulations.
vii. Time bound development and maintenance of the entire development as per approved Layout Plan, including all the neighbourhood level facilities i.e. open spaces, roads and services, till the area is handed over to the concerned Urban Local Body (ULB) for maintenance. The deficiency charges, if any, shall be borne by the DEs/Consortiums at the time of handing over of the services to the ULB.
viii. Time bound transfer of the share of built-up space/land to constituent landowners/DEs as mutually agreed in the DE or Consortium agreement.
ix. Ensure development of the prescribed built up space/dwelling units for EWS Housing component as per Clause 19.4(vi), adhering to mandatory specifications and quality standards, as per the Real Estate Regulatory Authority (RERA).
x. Sell 50% of the EWS housing stock to DDA at a base cost prescribed by the latest CPWD index (plus cost of EWS parking), at the time of actual handing over. The DE/Consortium will develop such 50% housing stock as a separate block, and provide all necessary parking, commercial and PSP facilities for this separate housing pocket.
xi. Dispose the remaining 50% of EWS housing stock only to the residents within the new development, at market rates, to house community service personnel working for the residents/owners. These will be developed by the DE/Consortium at the respective Group Housing site/premises or contiguous site. The DE/Consortium shall be allowed to undertake actual transfer/transaction of this 50% stock to the prospective buyers only after fulfilling the requirements mentioned in clause 19.3(x).
xii. Bearing the cost of acquisition of land acquired by DDA as per law for the public purpose of ensuring the planned development of infrastructure in the Zones and sectors where the Land Policy is applicable.
19.4 Norms for Land Pooling and Development Control Norms The proposed land pooling and development by DE/Consortium shall be based on the following norms:
i. The Land Use distribution at the city level for the urbanisable areas in the Urban Extensions
adopted for this Policy is as under:
- Gross Residential: 53%
- Commercial: 5%
- Industrial: 4%
- Recreational: 16% (does not include green areas within the various gross land usecategories)
- Public & Semi- Public Facilities (PSP): 10%
- Roads & Circulation: 12%
ii. The above land use distribution will split on a 40:60 basis. A minimum of 40% of pooled land in every sector shall be reserved for city level infrastructure (surrendered as and when required to DDA and service providing agencies for provision of infrastructure). A maximum of 60% of pooled land in every sector shall be available to DE/Consortium for development. The distribution of land uses shall be as follows:
Area of Pooled Land
Land Use Minimum 40% Maximum 60%
Gross Residential — 53%
Commercial — 5%
Industrial 4% —
Recreational 16% —
PSP 8% 2%
Roads and circulation 12% —
iii. Sub-division of Gross Residential areas and provision of facilities (local and city level) shall be as per the MPD. Land requirements for provision of neighborhood level Internal Roads/ Infrastructure/ Services (including water supply lines, power supply, rain water harvesting, STP, WTP etc.) as earmarked in the Layout Plan will be met equitably by all the landowners/DEs.
iv. 50% of the plots earmarked for neighbourhood level health and education facilities, within the Gross Residential Use (53%) in a sector, to be returned to DDA for allotment to government agencies/ departments.
v. Amalgamation and sub-division of city level PSP plots as well as commercial plots shall be allowed. On the amalgamated/ subdivided plots, minimum area requirements/ norms of Master Plan shall be applicable for development of any use premise. In such cases, adherence to Master Plan requirements/norms shall be mandatory. The DE/Consortium may also adopt innovative ways for achieving a vertical mix of uses (residential, commercial, PSP) within a building. Application of vertical mix of uses shall be in adherence to the prescribed Form Based Codes and is restricted to developments under the Land Policy.
Development control norms under the Policy are:
a. FAR for Residential, City Level Commercial and City Level PSP shall be as per prevailing Master Plan. Future revisions in FAR will be based on availability of critical resources like water.
b. Net Residential land to be a maximum of 55% of Gross Residential land.
c. For the purpose of providing EWS housing, the DE/Consortium shall utilize a mandatory FAR of 15% over and above the maximum permissible residential FAR. The resultant increase in density shall be considered over and above the permissible Density as per MPD.
d. EWS Housing unit size shall range between 30-40 sq.m.
e. Adequate parking shall be provided by the DE/Consortium as per MPD. In case of the EWS housing component, a norm of 0.5 ECS/100 sq.m. of BUA shall be followed.
vii. The Consortium/DE shall be compensated in the form of Tradable FAR as per conditions specified in the Regulations, if it is unable to utilize the entire allowable FAR within the 60% land. DDA may identify receiving sites for such Tradable FAR, which would be based on availability of critical resources such as water, proximity to transport infrastructure, etc.
viii. Additionally, specific Form Based Codes (FBCs), to be notified as part of the revised ZDP, shall also apply for all developments under the Policy. These FBCs will regulate building and site level aspects, and promote sustainable environment management systems through integration of blue and green infrastructure in the sector layout plans. The FBCs may also provide regulations for achieving variable intensities of development across sectors.
19.5 Framework for Implementation of the Policy
i. A website, to serve as a Single Window System, will be created for the purpose of implementing the Land Policy. This Single Window System will provide the interface between DDA and participating DEs/Consortiums, host all the necessary information, and provide the appropriate interfaces with regulatory agencies through online forms and protocols.
ii. The detailed Regulations for operationalisation of the Land Policy, including process and timeframe for participation, shall be formulated in a time bound manner. The Regulations shall be put up in public domain (online and through newspapers) for inviting views of the stakeholders within a period of 30 days.
iii. A two-stage Grievance Redressal Mechanism will be constituted within DDA, to be overseen by an independent Land Pooling Appellate Authority (with quasi-judicial powers) for dealing with all disputes and anomalies emerging from the implementation of the Policy.
iv. DDA will create dedicated multi-disciplinary teams for managing the Single Window System based implementation. These teams will be drawn from different divisions/departments within DDA and will manage documentation, coordination with other agencies, site inspection, approval of alignments and site layouts, and other matters that will be defined in the Regulations. The option of outsourcing certain parts of the operations (as required) may also be considered.
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