Notification of LAND-POOLING POLICYPosted on: 05 October 2013 01:04 pm
Ministry of Urban Development / (Delhi Division) / Notification / New Delhi,the 5th September,2013
S.0.2687(E). Whereas,certain modifications which the Central Government proposed to make in the Master Plan for Delhi-2021 as mentioned hereunder were published in the Gazette of India,Extraordinary,as Public Notice vide S.0.No.990(E) dated 18-4-2013 by the Delhi Development Authority in accordance with the provisions of Section 44 of the Delhi Development Act,1957 (61 of 1957) inviting objections/suggestions as required by sub-section (3) of Section 11-A of the said Act,within forty five days from the date of the said notice.
2.Whereas,objections/suggestions received with regard to the proposed modifications have been considered by a Board of Enquiry and Hearing,set up by Delhi Development Authority and also approved at the meeting of the Delhi Development Authority.
3.Whereas the Central Government has,after carefully considering all aspects of the matter,decided to modify the Master Plan for Delhi-2021.
4.Now,therefore,in exercise of the powers conferred by sub-section (2) of Section II-A of the said Act,the Central Government hereby makes the following modifications in the said Master Plan for Delhi-2021 with effect from the date of publication of this Notification in the Gazette of India.
3.A new Chapter 19.0 Land Policy is added to the MPD 2021 as under:
19.0 LAND POLICY
The large scale Land Acquisition,Development and Disposal Policy of Delhi approved in 1961 is still in operation.However,land acquisition and planned development has not kept pace with the increasing demands of urbanisation during the last five decades.Moreover,the process of acquisition is increasingly challenged by land owners due to low compensation as compared to the market value.Therefore,the new land policy is based on the concept of Land Pooling wherein the land parcels owned by individuals or group of owners are legally consolidated by transfer of ownership rights to the designated Land Pooling Agency,which later transfers the ownership of the part of land back to the land owners for undertaking of development for such areas.The policy is applicable in the proposed urbanisable areas of the Urban Extensions for which Zonal Plans have been approved.
19.1 Guiding Principles
i) Govt./ DDA to act as a facilitator with minimum intervention to facilitate and speed up integrated planned development.
ii) A land owner,or a group of land owners (who have grouped together of their own volition/will for this purpose) or a developer,hereinafter referred to as the "Developer Entity" (DE),shall be permitted to pool land for unified planning,servicing and subdivision / share of the land for development as per prescribed norms and guidelines.
iii) Each landowner to get an equitable return irrespective of land uses assigned to their land in the Zonal Development Plan (ZDP) with minimum displacement.
iv) To ensure speedy development of Master Plan Roads and other essential Physical & Social Infrastructure and Recreational areas.
v) To ensure inclusive development by adequate provision of EWS and other housing as per Shelter Policy of the Master Plan.
19.2 Role of DDA/Government
i) Declaration of areas under land pooling and preparation of Layout Plans and Sector Plans based on the availability of physical infrastructure.
ii) Superimposition of Revenue maps on the approved Zonal plans.
iii) Time bound development of identified land with Master Plan Roads,provision of Physical Infrastructure such as Water Supply,Sewerage and Drainage,provision of Social Infrastructure and Traffic and Transportation Infrastructure including Metro Corridors.
iv) DDA shall be responsible for external development in a time bound manner.
v) Acquisition of left out land pockets in a time bound manner shall only be taken up wherever the persons are not coming forward to participate in development through land pooling.
19.3 Role of the Developer Entity (DE)
i) Assembly and surrender of land as per policy in the Prescribed time frame to be specified in the Regulations.
ii) Preparation of the layout plans/detailed plans as per the Provisions of Master Plan and the Policy.
iii) Demarcate all the roads as per Layout Plan and Sector Plan and get the same verified from the concerned Authority within the assembled area and seek approval of layout plans/detailed plans from the DDA.
iv) a) Develop Sector Roads/Internal Roads/ Infrastructure/Services (including water supply lines,power supply,rain water harvesting,STP,WTP etc.falling in its share of the land.
iv) b) DE shall be allowed creation of infrastructure facilities,roads,parks etc.at city level subject to approval of Competent Authority v) Return of the prescribed built up space/ Dwelling Units for EWS/LIG Housing component to the DDA as per the policy.vi) Timely completion of development and its maintenance with all the neighbourhood level facilities i.e.open spaces,roads and services till the area is handed over to the Municipal Corporation concerned for maintenance.The deficiency charges if any,shall be home by the DE at the time of handing over of the services to the Corporation.
19.4 Land Use Distribution:
The Land Use distribution at the city level for the urbanisable areas in the urban extension adopted for this policy is as under: * Gross Residential: 53% (For every 1000 ha of Land Pooled,the gross residential distribution provides approximately 50,000 DU's for EWS housing.) * Commercial: 5% * Industrial: 4% * Recreational: 16% * Public & Semi-Public Facilities: 10% * Roads & Circulation: 12%
The Recreational Land Use does not include green areas within the various gross land use categories.
The share of city level remunerative land to be retained by DDA shall depend on the categories/size of land pooled under this policy.DDA's share in Residential Land shall vary between 0-10 %,Commercial Land shall vary between 0-2 % and entire Industrial Land of 4% shall be retained by DDA.
19.5 Norms for Land Assembly / Land Pooling
The Land pooling Model proposed for land assembly & development with Developer Entities are as follows: i.The two categories of land pooling are Category I for 20 Ha and above and Category II for 2 Ha to less than 20 Ha.ii.The land returned to Developer Entity (DE) in Category I (20 Ha and above) will be 60% and land retained by DDA 40%.iii) The Land returned to Developer Entity (DE) in Category II (2 Ha to less than 20 Ha) will be 48% and land retained by DDA 52%.
iv) The distribution of land returned to DE (60%) in terms of land use in Category I will be 53% Gross residential,2% City Level Public / Semi-Public and 5% City Level Commercial.The distribution of land returned to DE (48%) in terms of land use in Category II will be 43% as Gross residential,2% City Level Public/Semi-Public and 3% City Level Commercial.
v) DE shall be returned land within 5km radius of pooled land subject to other planning requirements.
19.6 Development Control Norms:
i) Development Control Norms under the policy are:
a.Residential FAR,400 for Group Housing to be applicable on net residential land which is exclusive of the 15% FAR reserved for EWS Housing.Net Residential land to be a maximum of 55% of Gross Residential land.
b.FAR for City Level Commercial and City Level PSP to be 250.
c.Maximum Ground Coverage shall be 40%.
d.Density of 15% FAR for EWS population shall be considered over and above the permissible Gross Residential Density of 800-1000 pph.
e.Adequate parking as per norms of 2 ECS/100 sqm of BUA to be provided for Residential development by the DE.However,in case of the housing for EWS,the norms of 0.5 ECS/100 sqm of BUA to be provided.
f.Incentives for Green Building norms as per MPD-2021 to be applicable to Group Housing developed under this policy.
g.Basement below and beyond building line up to setback line may be kept flushed with the ground in case mechanical ventilation is available.In case not prescribed,basement up to 2 mts from plot line shall be permitted.
ii) Sub-division of gross residential areas and provision of facilities (local and city level) shall be as per MPD 2021.
iii) Local level facilities to commensurate with the density specified at 19.6 (i.) (d ) above.
iv) Tradable FAR is allowed for development.However,in case of residential use,tradable FAR can only be transferred to another DE in the same planning Zones having approval/licence of projects more than 20 Ha.
19.7 Other terms and conditions
i) Land Pooling to be permitted as per this policy in the urbanisable areas of entire urban extension for which Zonal Plans have been approved.However,development along TOD corridors in these areas will be as per TOD policy.
ii) In case of fragmented land holdings coming forward for Land Pooling in the same Planning Zone,land shall be returned in the vicinity of the largest land holding within the same zone.If there is any shortfall / variation of land in any zone or category due to site conditions,the DE will be entitled to the entire built up area permissible to him in that category on the land returned,even though the actual land returned to DE may be lesser than due to him.
iii) EWS Housing unit size to be ranging between 32-40 sqm.
iv) 50% of the EWS Housing Stock shall be retained by Developer Entity (DE) and disposed only to the Apartment owners,at market rates,to house Community Service Personnel (CSP) working for the Residents / Owners of the Group Housing.These will be developed by DE at the respective Group Housing site / premises or contiguous site.
v) Remaining 50% of DUs developed by DE to be sold to DOA for EWS housing purpose will be sold to DOA / Local Bodies at base cost of Rs.2000/- per sq.ft.as per CPWD index of 2013 (plus cost of EWS parking) which shall be enhanced as per CPWD escalation index at the time of actual handing over and can be developed by DE at an alternate nearby site.Necessary commercial and PSP facilities shall also be provided by the DE for this separate housing pocket.
vi) The EWS housing component created by the DE shall be subject to quality assurance checks,as prescribed in this regard by Govt./DDA.The final handing/taking over of this component shall be subject to fulfiling the quality assurance requirements.
vii) The DE shall be allowed to undertake actual transfer/transaction of saleable component under its share/ownership to the prospective buyers only after the prescribed land and EWS housing component is handed over to the DOA.
viii) External Development Charges and any other development charges incurred for the city infrastructure shall be payable by the DE on actual cost incurred by DDA.
19.8 Framework for Implementation of the Policy
i) The detailed Regulations for operationalisation of the Land Pooling Policy including process and timeframe for participation shall be framed separately in a time bound manner.In order to make the Policy people friendly and transparent the detailed Regulations shall be put up in Public domain for inviting views of the stakeholders giving 30 days time in the newspapers and website since it involves development through participation.
ii) Creation of a dedicated Unit in DOA for dealing with approvals of Land Pooling applications.The option of outsourcing of the scrutiny for legality of applications and online submission of building plans to experts may also be considered.
Notification of the Land-pooling policy as published in the Gazette of India on September 5,2013