Press Release - MoUD - Dated 26th February 2018

Press Release

New Delhi, 26^th February, 2018

·       The sealing against the unauthorized construction on mixed use/commercial street and other establishments running in the residential areas was taken up in 2006 by the Monitoring Committee appointed by the Hon’ble Supreme Court. 

·       In September 2006, Government notified mixed use regulation as part of modification in Master Plan of Delhi 2021 and accordingly, 2183 mixed use streets and 355 commercial streets were notified.

·       Master Plan for Delhi was notified on 7.2.2007 wherein a separate chapter for mixed use provision is given in which provision for running of retail shops, offices, commercial activity and professional activity were permitted in residential areas for which payment of conversion charges and parking charges had to be paid by the owner of the establishment.  Master Plan further stipulated that the local bodies may carry out survey within 90 days for identification of additional roads to be declared as mixed use/commercial streets and to be notified by the Government of NCT of Delhi. 

·       The unprecedented growth of the population has put the facilities under severe pressure. Unfortunately, in Delhi the growth of population has been too rapid to enable the infrastructure and civic amenities to keep pace with it.

·       The Master Plan for Delhi has also been evolving over a period of time. From time to time, adhoc changes were made to meet the various needs of the growing population. A continual need was felt to correct the gaps and anomalies between various usages and built up infrastructure. Meeting the challenge of population growth with adequate infrastructure services and facilities within a framework of sustainable development of Delhi through spatial and services planning was required. As there was shortage of facilities, some anomalies / inconsistencies were between the user and the available facilities as well as meet the projected requirement for the future growth of the city.

·       Supreme Court appointed Monitoring Committee has again started sealing drive in December 2017 against those establishment who were functioning in contravention to the provision of Master Plan 2021.  

·       Taking the ground realities and existing provisions of MPD-2021 into consideration and to address the issues holistically, the issue has been deliberated at highest level and several meetings have been held in the office of Shri HardeepPuri, Hon’ble Minister for Housing & Urban Affairs wherein the Lt.Gov of Delhi, Secretary, MoHUA, VC, DDA and Commissioners of 3 Municipalities in Delhi have participated in the meetings frequently.  

·       Based on the discussions and deliberations of these meetings, it was decided that the necessary modification in Master Plan 2021, be processed.  Accordingly, the matter was considered by the Technical Committee of DDAin its meeting held on 30.01.2018and recommended certain amendments in the MPD-2021. The recommendations of the Technical Committee were approved by the Authority in its meeting held on 02.02.2018. As per legal provision, the proposed amendments in MPD-2021 were put up in public domain for inviting suggestions / objections on 3^rd February, 2018 for three days i.e. upto 5^th February 2018, which was further extended for two days upto 7^th February 2018.

·       An overwhelming response was received from the RWAs/individuals/Traders Welfare Associations/ NGOs and 741 objections/suggestions were received and approximately 210 representatives also made oral submissions before the Board of Enquiry and Hearing on 9^th,10^th and 12^th February 2018. After hearing the submissions of all the stake holders and to strike the balance on the concerns of RWAs and Traders, the Board of Enquiry and Hearing has made certain recommendations which are being placed before the Authority for its consideration and shall be notified by the Ministry.

·       The recommendations also take into account concerns raised by Hon’ble Supreme Court of India vide orders dt. 09.02.2018 with respect to environment,  pollution, fire safety measures for life and safety of the people etc.. Further, the concerns regarding traffic congestion and parking facilties as also raised by Hon’ble Court in its various orders have also been suitably addressed.

·       The anomaly regarding the differential norms for mixed use has been streamlined and uniform FAR shall now be permitted in all shop cum residential plots / complexes prevailing pre 1962  (before Notification of MPD-1962) and Post 1962. The FAR shall be as permitted for residential plotted development as stipulated in the MPD-2021. The permissibility of basements for commercial /professional activities is being allowed in shop cum residential plots/complexes as already applicable for mixed use /commercial streets. Other service professionals like IT professionals, real estate/LIC agents/medical transcriptioners / matrimonial services etc., have also been permitted as part of permissible uses under mixed use.

Recommendations

       Permissible FAR

·       Uniform FAR (Floor Area Ratio) on shop-cum-residence plot/complexes of pre-1962 & post-1962 shall be as permitted for respective size of the residential plotted development as applicable on mixed use/commercial streets.

Basement

·       Uniform norms for utilization of basement in all the shop-cum-residential plots/complexes.  Commercial activity in the basement on all commercial street/area in shop-cum-residence plot/complexes.  Professional activity shall also include the non-polluting service sector professionals. 

`Rationalisation of various charges

·       Synchronization and fixation of charges (i.e. use conversion charges, additional FAR charges, parking charges, compounding charges, penalty etc.)

·       Charges to be based on locality/category defined for Circle Rates and grouping within three categories i.e. (A&B), (C&D), (E,F,G & H)

·       Ownerswho have already paid the due charges in form of down payments or instalments will not be liable to pay.

·       One time parking charges shall be paid by the owner as down payment or maximum in four installments within a year. 

Parking

·       The parking will be provided as per the provision of MPD 2021.   In case the parking cannot be provided within the plot, the concerned local bodies shall identify and develop the land for providing shared / common parking. In the absence of any land for the parking in the vicinity, such complexes / street shall be declared as “Pedestrian shopping street / areas”.

Other Issues

·       Notification of 351 roads for commercial/mixed use under MPD 2021 by Urban Development Department, GNCTD.

·       Increase in number of workers as well as load from 5KW to 11 KW in household/non-polluting service industries subject to statutory clearances from Labour and Industries Departments & Delhi Pollution Control Committee.

·       In order to address issues related to infrastructure facilities, pollution, environmental concerns etc., in shop-cum-residential complexes and areas failing along mixed use/commercial streets, the following regulatory measures shall be adopted by the concerned local bodies, government agencies and other statutory bodies.

·       Local body in consultation with traffic police shall conduct traffic assessment and prepare traffic management plan for these areas. 

·       Traffic control parking and other infrastructure services e.g., water, sewage etc., shall be augmented by the concerned service providing agencies.  In no case, the parking of vehicle shall spill over in common public area/adjoining spaces/residential colonies.

·       On street parking charges shall be levied by the concerned local body as per parking policy.

·       Restricted entry/exit in shop-cum-residence plots/complexes towards the residential areas/service lane.

·       Outdoor unit of air-conditioning shall in no case extrude from the plot line/or to be placed on the rooftop Exhaust duct shall not open directly towards the public lane or face the other residential plot.

·       Restaurants, clubs, pubs shall not be allowed in the residential premises as part of mixed use.

·       Amount collected on account of various charges will be credited in a Escrow account to be used exclusively for augmentation of infrastructure facilities/amenities (parking, public toilet, water supply, etc.)

·       To further promote parking facility, the scheme areas shall be provided with 5 % additional ground coverage. Rebate in levy of conversion charges and amalgamation of plots have also been introduced to incentivise the parking facility within the plot.

·       The matter regarding notification of 351 roads for commercial / mixed use under MPD-2021 is being expedited by Urban Development Department, GNCTD in coordination with the concerned local bodies.

·       Permission for godown clusters in non-conforming areas--The National Capital Territory of Delhi Laws (Special Provisions) provide for formulation of policy or plan for orderly arrangement regarding storage, warehouses and godown used for agricultural input or produce in rural areas built on agricultural land and guidelines for redevelopment of existing godown clusters(including those for storage of non-agricultural goods)

·       Such existing godown clusters as well as stand-alone godowns shall be permitted with certain regulatory measures taking into consideration the traffic congestion, loading /unloading facility from vehicles, pollution etc.In villages stand-alone godowns shall be permitted on plots which have direct access from minimum 9 mtRoW (with maximum plot size of 300 sqm) and minimum 12 mtRoW (irrespective of plot size).