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Delhi’s Unregulated Colonies: The Risks of an ‘As-Is, Where-Is’ Approach to Regularisation

The government is attempting to streamline the procedures related to transit-oriented development (TOD) policies and the regularization of unauthorized colonies in the capital. However, experts have raised concerns that some of the recent modifications, particularly the lack of local area planning provisions, could result in disorganized development.

TOD is an urban development approach designed to maximize the creation of residential, commercial, and recreational spaces in proximity to public transport options. This strategy aims to reduce reliance on personal vehicles, shorten travel times, and lower transportation expenses.

To facilitate this, the policy allows landowners near public transport hubs to increase their Floor Area Ratio (FAR), which determines the permissible construction volume on a specific site. The goal is to encourage more individuals to reside and work near public transport facilities.

Unauthorized colonies (UACs) refer to settlements that have encroached upon government or non-residential properties, often characterized by chaotic growth patterns, inadequate public services, and poor living conditions.

The process of ‘regularization’ involves granting legal status to the layout plans of these unauthorized settlements.

According to the 2021 TOD policy, developers were required to submit an Influence Zone Plan (IZP) to the Delhi Development Authority (DDA), detailing proposed improvements such as road enhancements and upgraded public spaces. The latest policy, however, omits the requirement for an IZP or any integrated planning documents, allowing landowners in designated TOD areas to automatically benefit from an increased FAR if they meet the minimum land criteria.

While the intention behind the revised system is to enhance the ease of conducting business, experts warn that this could lead to chaotic construction practices. Jignesh Mehta, an urban planning specialist at CEPT University in Ahmedabad and a member of Gujarat’s High Level Committee on planned urban development, emphasized the necessity of comprehensive planning for successful TOD. He highlighted that simply raising the FAR is insufficient; detailed planning focused on improving street networks, pedestrian accessibility, and underground infrastructure is essential. He advocated for the preparation of Local Area Plans (LAP) to achieve these goals.

Previously, residents of UACs could secure land ownership by submitting documentation to the DDA, with the regularization process requiring the Municipal Corporation of Delhi (MCD) to approve a layout plan developed by local Resident Welfare Associations (RWAs). This plan needed to address service improvements, such as enhancing water supply, sewage systems, solid waste management, and the removal of overhead power lines.

In contrast, the new policy allows for the regularization of UACs on an “as-is, where-is” basis without the necessity of an approved layout plan. The government has stated that the absence of an approved layout plan will not hinder the regularization process.

The new guidelines suggest that the MCD will perform some improvement initiatives, but these are not mandatory prerequisites for regularization. Senior urban expert Jagan Shah, a former director at the National Institute of Urban Affairs, warned that this approach could lead to the legitimization of uncontrolled over-construction without the necessary infrastructure upgrades.

Devansh Mittal, a correspondent for The Indian Express, covers urban policy, civic governance, and infrastructure issues in the National Capital Region. His reporting is increasingly focused on topics such as housing, land policy, transportation, and the social implications of economic disruption.

With a background in Political Science from Ashoka University, Devansh specializes in policy and governance within one of the world’s largest urban agglomerations. His recent work includes investigations into housing policies, land usage, and the impact of urban reforms.

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