Talking Point with B S Vohra; Why RWA forums are against Delhi Governments parking policy?

They just want money without providing any services.

RWAs are not against the Traders, instead, against the unwanted & undesired modifications being approved by the DDA, in the MPD-2021.

Just think that how they can approve the rampant commercialization of the city by allowing the basements for commercial purposes, by enhancing the workforce, by increasing the electricity load, by allowing the additional FAR, and a lot more, without any change, even in the basic infrastructure?

They don't have any check or control on the encroachments, no workforce or work plans to manage & control the traffic, no serious steps to check & control the Pollution levels that have become the cause of scores of untimely & unwanted deaths in the city. 

They just want money without providing any services. 

1. Why don't we ask them that how the Conversion charges were hiked from Rs 6,136 per sq mt to Rs 89,090 per sq mt in the A class markets, by the DDA? 

2. Shockingly, even after the reduction, these rates are still at Rs 22,274 per sq mt. Don't you think that it is a huge burden on the traders?

3. Why the traders are being forced to pay One Time Parking Charges, along with the Conversion charges, for those roads, where there is absolutely no parking facility anywhere?

4. Don't you think that Authorities cannot charge the Traders for the services, that they can not provide? 

5. Do you think, that rampant commercialization of the city is the only solution to stop the sealing? 

6. Can't they reduce the Conversion charges to a reasonable level to give a relief to the Traders?

7. Can't they approve the valid policies & mechanism to boost the city status, along with compatible infrastructure, to check & control the unauthorized growth?

8. Where is the money collected by them in the name of Conversion charges & One-time parking charges, in the last few years?

9. What steps they have taken to remove the encroachment from the streets in almost every corner of the city?

10. What steps they have taken to check & control the Traffic jams, Potholes, WaterLogging, Garbage, pollution levels, health facilities, social security?

Shockingly, it is not the end of such instances as under the Draft Parking policy, they now want the Parking charges, for parking your own car, outside your own home.  The crux is that, they just want money without providing any services and if the Draft Parking policy is approved, soon residents will face the sealing drive for Non payment of Parking charges for parking their own car in front of their own home, alongwith penalties & interest.

RWAs hail SC move; traders want a Bill to stop the sealing: The Hindu

DDA cannot allow rampant commercialisation: residents

The Supreme Court order staying any further proceedings by authorities to amend the Master Plan for Delhi 2021 was welcomed by the residents’ welfare associations (RWAs), while dismayed traders’ associations said the Centre must now introduce a Bill to provide relief to them from the ongoing sealing.

“The master plan is a sacred document that cannot be modified without application of mind and its purpose is to make Delhi a world-class city. The SC has rightly ordered in the matter to save Delhi,” said Chetan Sharma, secretary general of the Confederation of NCR RWAs (CONRWA).

‘Need correct policy’

“The government must plan a correct policy for traders,” read a joint statement by CONRWA and Save Delhi Campaign.

President of the East Delhi RWAs Joint Front Federation B. S. Vohra said: “The stay by the SC on any amendments to the master plan is on expected lines. We are not against traders but the Delhi Development Authority cannot be allowed to approve rampant commercialisation of the city without adequate infrastructure.”

‘Centre must take steps’

Traders’ associations, however, expressed “dismay” over the stay. “Since there is no other way left, the Centre should immediately formulate a Bill in the current session of Parliament to issue a moratorium on sealing in Delhi, looking at its repercussions which will destabilise the trade and economy of Delhi,” said Praveen Khandelwal, secretary general of the Confederation of All India Traders (CAIT).

The traders also urged Chief Minister Arvind Kejriwal to pass a Bill in the Delhi Assembly to stop the ongoing sealing drive.

Senior DDA officials said that the final decision lies with the Ministry of Housing and Urban Affairs.

“Our responsibility was to approve the amendments which we did. Now the file is with the ministry and they have to take the final call and issue notifications. The DDA has nothing more to do” said a DDA official.

Since last December, the civic bodies along with the Supreme Court appointed monitoring committee have been carrying out a sealing drive in the Capital.

In a bid to provide relief to the traders, the DDA on February 27 had approved amendments to the city’s plan, including introduction of a uniform Floor Action Ratio for both residential and commercial plots.

Meeting with the Monitoring Committee of Supreme Court - NBT

Meeting with the Monitoring Committee on the modifications in the MPD-2021

Our observations on the Press Release - MoUD - Dated 26th February 2018

Our observations on the Press release issued by the MoUD on 26^th February 2018. We will be waiting for the official notification to get a clear picture.

1.
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.

>>>>> 

Rationalisation of various charges

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

OBSERVATION – 1:

What do the additional FAR charges mean? Does it mean that by paying the additional FAR charges, one can enhance or regulate the existing FAR? If yes, then why the term Uniform FAR was used above? What will be its impact on the infrastructure?

2.
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.

OBSERVATION –  2:

If the above was already applicable to the mixed-use/commercial streets, how the Sealing of basements was being done till date?  If it was not already applicable and being allowed now, what has been done to check its impact on the infrastructure?

3.
One time parking charges shall be paid by the owner as down payment or maximum in four installments within a year. 

>>>>> 

In the absence of any land for the parking in the vicinity, such complexes/street shall be declared as “Pedestrian shopping street/areas”.

OBSERVATION – 3:

If after collection of One-time parking charges, they declare certain streets as the Pedestrian shopping streets, where there is no space for parking, will they refund the already collected one-time parking charges for such streets? Don’t they have the data to declare such streets as pedestrians in advance, to stop the harassment of the trading community? Please check the Delhi Gazette Notification dated 15^th September 2006, which says, “The pedestrian shopping streets identified by the Corporation in each municipal zone are as mentioned in Annexure-C-l to C-10 to this notification.”

4.
Increase in the number of workers as well as the 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.

OBSERVATION – 4:

Don’t you think that by hiking the electricity load from 5KW to 11KW, they are putting additional load on the infrastructure? Moreover, have they done any assessment that what kind of commercial activities for the residential areas, require the enhancement of load from 5KW to 11KW?

5.
Local body in consultation with traffic police shall conduct traffic assessment and prepare traffic management plan for these areas. 

OBSERVATION – 5:

Does it mean that Local bodies and traffic police have not yet done any such traffic assessment, even for the critical areas & that’s the reason of severe traffic jam & congestion on almost all the roads of Delhi? If they have done any such assessment, why don’t they start implementing it immediately, instead of going for yet another assessment, that will waste a lot of time & manpower?

6.
Restricted entry/exit in shop-cum-residence plots/complexes towards the residential areas/service lane.

OBSERVATION – 6: How it will be implemented? They will require additional manpower to regulate it. Do they have that?

7.
Restaurants, clubs, pubs shall not be allowed in the residential premises as part of mixed use.

OBSERVATION – 7:

What will be the fate of the small hotels (Pakode wala, Samose wala, Dose wala), on the mix land usage that cater to the local residents? If these have such a big impact on the localities, how they have allowed Basements for the commercial purposes?

8.
Amount collected on account of various charges will be credited in an Escrow account to be used exclusively for augmentation of infrastructure facilities/amenities (parking, public toilet, water supply, etc.)

OBSERVATION – 8:

But what’s about the money collected by various agencies till date? Who will guarantee that the money collected after this notification, will be very strictly used for the purposes mentioned above?

Thanks & with best regards,

B S Vohra

President,

East Delhi RWAs Joint Front - Federation

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).

DDA approves amendments to Master Plan 2021 - The Hindu

Residents welfare associations raise doubts about implementation of proposals

The Delhi Development Authority (DDA) on Tuesday said that the proposed amendments to the Master Plan of Delhi (MPD) 2021 had been approved in the authority meeting.

In a meeting chaired by Lieutenant-Governor Anil Baijal, who is also the chairman of the DDA, the proposed amendments to the MPD-2021, including a uniform Floor Area Ratio (FAR) for both residential and commercial plots, got approved, the authority said in a statement.

The FAR is the ratio of a building’s total floor area (gross floor area) to the size of the piece of land upon which it is built. The urban body, further, said that basements would be permitted for commercial or professional activities.

“The permissibility of basements for commercial or professional activities is being allowed in shop-cum-residential plots as already applicable for mixed-use or commercial streets. Other service professionals like IT professionals, real estate agents, matrimonial services etc., have also been permitted as part of permissible uses under mixed use,” said the urban body.

“The enhancement of FAR will certainly benefit not only the traders as they can regularise their extra construction. On the other hand, the usage of basements for commercial purposes is a welcome step,” said Praveen Khandelwal, general secretary of the Confederation of All India Traders (CAIT).

The urban body, further, said that in areas where parking cannot be provided within the plot, the concerned local bodies will identify and develop land for providing shared or common parking.

“In the absence of any land for parking in the vicinity, such complexes or streets shall be declared as pedestrian shopping streets or areas,” the DDA said in the statement.

Conversion charges

The DDA also said that the ambiguity regarding the annual payment of use conversion charges for “indefinite period” has been rectified. The urban body added that the notification of the 351 roads for commercial or mixed use was being expedited by the State government.

However, dissatisfied with the amendments to the MPD-2021, residents welfare associations raised doubts about the implementation of the proposals.

“There is confusion as things are contradictory. How are the authorities planning to implement the amendments that they have approved? In the amendments, they have allowed commercial activities in the basements as well. Where is the infrastructure to do the same? Similarly, with respect to FAR, they have mentioned a clause about additional FAR. What is this supposed to mean? Is it for an additional area and if so, then the entire point of uniform FAR stands defeated,” said B.S. Vohra, president of the East Delhi RWA Joint Federation Front.

Earlier this month, the DDA had proposed to introduce certain amendments to the MPD-2021 as a relief to traders protesting against the ongoing sealing drive. The Board of Enquiry of the DDA, on February 23 had submitted recommendations for amendments to the Master Plan after taking into consideration objections and suggestions put forth by various stakeholders.

Objections/Suggestions on the Draft ‘Delhi Maintenance & Management of Parking Rules 2017'

Secretary cum Commissioner (Transport),

Transport Department, GNCT of Delhi,

5/9 Underhill Road, Delhi-110054.

Subject: Objections/Suggestions on the Draft ‘Delhi Maintenance & Management of Parking Rules 2017'

Dear Sir,

A study by the Central Road Research Institute in New Delhi had estimated that of the 8,760 hours in a year, an average car’s steering time is only 400 hours. This means it is driven for only about an hour a day, or it remains parked for the 95% of the time. It clearly means that while parked at home, these vehicles for the 95% of the time are not contributing to any Congestion or pollution. 

HUGE BURDEN ON RESIDENTS UNDER CLAUSE 12(2):

It will become a huge burden on the residents if you decide to charge Parking charges for parking their own cars in front of their own home for this 95% of the time, i.e. 8,360 hours, per car, per year, on different parameters such as Day charges, Night charges, Peak charges, Off-peak charges, Long duration charges, Short duration charges as well the Severe+ & emergency levels of AQI, which has become a routine in Delhi.

Therefore, Government must concentrate on the 5% time of these vehicles while they are either congesting the roads or polluting the environment and hence must levy hefty parking charges and penalties so that residents are forced to leave them in the parking itself.

Else, we will strongly oppose any kind of parking charges from the residents, for parking their own car in front of their own home as meant in your notification under the clause 12(2). 

Shockingly, normal & multiple rates are to be decided by the civic agencies on the bases of BPF, for the day & night parking of our own car in front of our own home & the charges will again be double under the Clause 12(5), for those who have the stilt parking, as per your above-said notification.

THE HARD EARNED MONEY:

It's the hard earned money of the individuals, who take years to buy a small car, on which Government earns a lot by way of GST & many other taxes. Even on the Petrol Government earns more than 100% by way of Taxes.

NO FREE OF CHARGE SPACE:

The residents, who park their vehicles in front of their own home are not using any Free of charge space. Please go to any colonizer & he will tell you that how they fix the prices of plots, depending upon the width of the inner lanes, that make an area, Posh, Middle class or a Lower one & costs of each and every plot depends upon its location.  

EMERGENCY VEHICLES:

Sometime Emergency vehicles face some problem while entering the inner lane, and it must be given a serious thought that how Govt can purchase such emergency vehicles that can easily enter the narrow inner lanes. But how do you think that by charging the parking charges, a way for the emergency vehicles will be opened automatically?

ABSOLUTELY AGAINST THE INSPECTOR RAJ:

Therefore we are absolutely against the imposition of any parking charges from the residents, for the parked vehicles outside their own home as it will lead to unnecessary harassment and chaos by the so-called Inspector Raj being introduced by way of the Delegation of Authority, as mentioned in your notification. 

PARKING PROOF - A SERIOUS QUESTION:

Please let us know that under Clause 10 of your above said notification, why you have asked for the proof of parking, only from the Transport vehicles? Why don't you ask for the Parking proof from all the buyers of all kind of vehicles, including both New as well as the second hand? Why don’t you attach all the vehicles with the Pan Card & Aadhar, to check and restrict the sales of vehicles? 

Thanks, & with the best regards, 

B S Vohra

President,

East Delhi RWAs Joint Front

www.RWABhagidari.com

Draft Parking Policy : DNA

Draft Parking Policy : Sunday Business Standard