## Report on the National Capital Territory of Delhi Laws Special Provisions Second Amendment Act, 2021
**1. Executive Summary:**
This report analyzes the National Capital Territory of Delhi Laws Special Provisions Second Amendment Act, 2021 (referred to as "the Amendment Act"), based solely on the provided text. The Amendment Act extends the validity of the National Capital Territory of Delhi Laws Special Provisions Second Act, 2011 (referred to as "the Principal Act") until December 31, 2023. It also makes key changes to the Preamble and specific sections of the Principal Act, primarily focusing on unauthorized colonies, village abadi areas, and the ongoing process of finalizing the Master Plan for Delhi. The report highlights the key changes, the affected stakeholders, and the potential impact of these amendments.
**2. Introduction:**
This report provides an informative overview of the National Capital Territory of Delhi Laws Special Provisions Second Amendment Act, 2021, based exclusively on the provided policy text. The purpose of this report is to inform stakeholders about the core provisions, changes, and likely implications of this Amendment Act.
**3. Policy Overview:**
* **Original Policy Being Amended:** The National Capital Territory of Delhi Laws Special Provisions Second Act, 2011.
* **Core Objective(s):** The core objectives of the Principal Act, as inferred from the provided text, are to:
* Protect certain forms of unauthorized development in Delhi from punitive action.
* Facilitate orderly arrangements for relocation and rehabilitation related to various areas, including unauthorized colonies and village abadi areas.
* Enable the formulation and implementation of the Master Plan for Delhi.
**4. Background and Rationale:**
The provided text indicates that the primary reason for this specific amendment is the need to extend the validity of the Principal Act. This extension is required because the actions envisaged for unauthorized colonies, village abadi areas, special areas, and other areas of the National Capital Territory of Delhi are still in progress and require more time to complete. Specifically, the text mentions the ongoing process of conferring ownership rights in unauthorized colonies, finalizing Development Control Norms, revising the policy regarding farm houses, and preparing the Master Plan for Delhi 2041. Because these processes were not completed by the original Act's expiration date, this extension ensures continued protection from punitive action for the relevant parties.
**5. Key Provisions / Changes:**
This section details the specific changes introduced by the Amendment Act:
* **Extension of Validity:** The most significant change is the extension of the Principal Act's validity from December 31, 2020, to December 31, 2023. This is implemented through amendments to the long title, Section 1(4), and Section 3(3) and (4) of the Principal Act. The effect of this change is to maintain the existing protections and provisions for an additional three years.
* **Amendment of the Preamble:** The Preamble is significantly altered. Specifically:
* The fourth to eighth paragraphs are replaced to emphasize the ongoing Master Plan for Delhi 2041, the National Capital Territory of Delhi Recognition of Property Rights of Residents in Unauthorised Colonies Act, 2019, and associated regulations.
* The eleventh paragraph is replaced to reflect the ongoing revision of the policy regarding farm houses.
* References to "the Master Plan for Delhi, 2021" are replaced with "the Master Plan."
* A paragraph is inserted after the thirteenth paragraph to acknowledge the policy regarding godown clusters existing in non-conforming areas.
* The effect of these changes is to update the Preamble to reflect the current status of various policies and regulations related to Delhi's development.
* **Amendment of Section 2(1)(e):** The definition of "Master Plan" is changed to "Master Plan means the Master Plan for Delhi as notified under the Delhi Development Act, 1957." This simplifies the definition and directly links it to the relevant legislation.
* **Amendment of Section 3(1)(a):** References to "the Master Plan for Delhi, 2021" are replaced with "the Master Plan."
* **Amendment of Section 3(1)(c):** This clause is substituted to specify the orderly arrangements required for unauthorized colonies and village abadi areas, referencing the National Capital Territory of Delhi Recognition of Property Rights of Residents in Unauthorised Colonies Act, 2019, and the relevant cut-off dates for consideration. The effect is to clarify the criteria for regularization in these areas. The cut-off dates specified are:
* For unauthorized colonies: As provided in the National Capital Territory of Delhi Recognition of Property Rights of Residents in Unauthorised Colonies Regulations, 2019.
* For village abadi areas: As existed on March 31, 2002, with construction up to June 1, 2014.
* **Amendment of Section 3(2)(ii):** This clause is substituted to align with the amended Section 3(1)(c), specifying the categories of areas eligible for consideration, including unauthorized colonies, village abadi areas, and construction dates.
**6. Target Audience and Stakeholders:**
Based on the text, the primary stakeholders directly affected by these amendments are:
* Residents and property owners in unauthorized colonies.
* Residents and property owners in village abadi areas and their extensions.
* Owners and operators of godown clusters in non-conforming areas.
* Owners of farm houses.
* The Delhi Development Authority (DDA).
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Delhi Development Authority (DDA) is responsible for the implementation of the Master Plan and related regulations. The Central Government is involved in policy finalization.
* **Timelines/Procedures:** The Amendment Act extends the existing timelines until December 31, 2023. The text refers to ongoing processes, such as the conferring of ownership rights and the finalization of Development Control Norms, suggesting that these procedures are already in place and will continue.
* **Implementation related to Changes:** The extension of validity directly impacts the DDA, allowing them to continue implementing existing policies and regulations without interruption. The clarification of cut-off dates for unauthorized colonies and village abadi areas provides clearer guidance for regularization efforts.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcomes of these specific changes are:
* Continued protection from punitive action for unauthorized developments, allowing time for regularization and planned development.
* Accelerated progress in conferring ownership rights to residents of unauthorized colonies, enabled by the extended timeline and clarified regulations.
* Orderly development of Delhi, guided by the ongoing Master Plan formulation and updated regulations.
* Certainty for stakeholders in unauthorized colonies and village abadi areas regarding eligibility for regularization.
**9. Conclusion:**
The National Capital Territory of Delhi Laws Special Provisions Second Amendment Act, 2021, primarily extends the validity of the Principal Act and clarifies certain provisions related to unauthorized colonies and village abadi areas. This extension is crucial for maintaining existing protections and enabling the completion of ongoing development and regularization efforts in Delhi. The amendment demonstrates the government's continued commitment to addressing the challenges of unauthorized development while promoting planned urban growth.
Key Entities Referenced
Rajya Sabha: One of the houses of the Parliament of India, where the bill was introduced.
National Capital Territory of Delhi: A union territory in India, encompassing New Delhi and surrounding urban and rural areas.
National Capital Territory of Delhi Laws Special Provisions Second Act, 2011: A law providing special provisions for Delhi, amended by the current bill.
National Capital Territory of Delhi Laws Special Provisions Second Amendment Act, 2021: The short title of the act being enacted to amend the 2011 act.
Parliament: The legislative body of the Republic of India.
Republic of India: The nation of India.
Master Plan for Delhi: A comprehensive plan for the development of Delhi.
National Capital Territory of Delhi Recognition of Property Rights of Residents in Unauthorised Colonies Act, 2019: A law enacted to recognize and confer property rights to residents in unauthorized colonies in Delhi.
National Capital Territory of Delhi Recognition of Property Rights of Residents in Unauthorised Colonies Regulations, 2019: Regulations related to property rights in unauthorized colonies in Delhi.
Delhi Development Authority: An authority responsible for planning and development in Delhi.
Delhi Development Act, 1957: The act under which the Delhi Development Authority functions.
Building Regulations for Special Area, Unauthorised Regularised Colonies and Village Abadis: Regulations pertaining to building construction in specific areas of Delhi.
Central Government: The government of India.
Delhi Urban Shelter Improvement Board Act, 2010: Act related to Jhuggi Jhompri clusters
National Capital Territory of Delhi Laws Special Provisions Second Amendment Ordinance, 2020: An ordinance that the bill seeks to replace.
President of India: The head of state of the Republic of India, who promulgated the ordinance.
Hardeep Singh Puri: Individual associated with the bill.
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RAJYA SABHA
——————
The following Bill was introduced in the Rajya Sabha on the 8th February, 2021: —
Bill No. VI of 2021
A Bill further to amend the National Capital Territory of Delhi Laws
(Special Provisions) Second Act, 2011.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India
as follows:––
1. (1) This Act may be called the National Capital Territory of Delhi Laws Short title and
(Special Provisions) Second (Amendment) Act, 2021. commencement.
(2) It shall be deemed to have been come into force on the 29th day of December,
2020.
2. In the National Capital Territory of Delhi Laws (Special Provisions) Second Amendment
20 of 2011. Act, 2011 (hereinafter referred to as the principal Act), in the long title, for the words, of long title.
figures and letters “for a further period up to the 31st day of December, 2020”, the
words, figures and letters “for a further period up to the 31st day of December, 2023”
shall be substituted.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Amendment of 3. In the principal Act, in the Preamble,––
Preamble.
(a) for fourth paragraph to eighth paragraph, the following paragraphs shall be
substituted, namely:––
“AND WHEREAS the exercise to formulate the Master Plan for Delhi with the
perspective for the year 2041 is under progress;
AND WHEREAS the National Capital Territory of Delhi (Recognition of
Property Rights of Residents in Unauthorised Colonies) Act, 2019 was enacted to 45 of 2019.
recognise and confer rights of ownership or transfer or mortgage to the residents
of unauthorised colonies as onetime special measure;
AND WHEREAS in supersession of the Regulations for Regularisation of
Unauthorised Colonies in Delhi notified on 24th March, 2008, the National
Capital Territory of Delhi (Recognition of Property Rights of Residents in
Unauthorised Colonies) Regulations, 2019 notified in the Gazette of India on 29th
October, 2019;
AND WHEREAS the process of conferring the ownership rights to the residents
of unauthorised colonies and the finalisation of the Development Control Norms
for unauthorised colonies as provided in the National Capital Territory of Delhi
(Recognition of Property Rights of Residents in Unauthorised Colonies)
Regulations, 2019 is under progress and will take time;
AND WHEREAS based on the policy finalised by the Central Government
regarding village abadi area and their extensions, the Building Regulations for
Special Area, Unauthorised Regularised Colonies and Village Abadis, have been
made by the Delhi Development Authority under sub-section (1) of section 57 of
the Delhi Development Act, 1957 notified in the Gazette of India vide S.O. 97(E), 61 of 1957.
dated the 17th January, 2011;
AND WHEREAS more time is required for completion of action envisaged for
unauthorised colonies, village abadi area and their extensions and special areas;”;
(b) for eleventh paragraph, the following paragraph shall be substituted,
namely:—
“AND WHEREAS the revised policy regarding farm houses is being prepared
by the Delhi Development Authority and its finalisation is likely to take more
time;”;
(c) in twelfth paragraph, for the words and figures “the Master Plan for Delhi,
2021”, the words “the Master Plan” shall be substituted;
(d) after thirteenth paragraph, the following paragraph shall be inserted,
namely:––
“AND WHEREAS the policy with respect to the norms for godown clusters
existing in non-conforming areas has been notified by the Central Government
on 21st June, 2018;”;
(e) in twenty-first paragraph,––
(i) for the words and figures “the Master Plan for Delhi, 2021”, the words
“the Master Plan” shall be substituted;
(ii) for the words, figures and letters “the 31st day of December, 2020”,
the words, figures and letters “the 31st day of December, 2023” shall be
substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
4. In the principal Act, in section 1, in sub-section (4), in the opening portion, for Amendment
the words, figures and letters “It shall cease to have effect on the 31st day of of section 1.
December, 2020”, the words, figures and letters “It shall cease to have effect on the
31st day of December, 2023” shall be substituted.
5. In the principal Act, in section 2, in sub-section (1), for clause (e), the Amendment
following clause shall be substituted, namely:–– of section 2.
‘(e) “Master Plan” means the Master Plan for Delhi as notified under the
61 of 1957. Delhi Development Act, 1957;’.
6. In the principal Act, in section 3,–– Amendment
of section 3.
(a) in sub-section (1),––
(i) in clause (a), for the words and figures “the Master Plan for
Delhi, 2021”, the words “the Master Plan” shall be substituted;
(ii) for clause (c), the following clause shall be substituted,
namely:––
“(c) orderly arrangements in accordance with the provisions of the
National Capital Territory of Delhi (Recognition of Property Rights of
45 of 2019. Residents in Unauthorised Colonies) Act, 2019, the National Capital
Territory of Delhi (Recognition of Property Rights of Residents in
Unauthorised Colonies) Regulations, 2019 and the regulations for village
abadi area (including urban villages) and their extensions as per the
following cut-off dates:––
(i) for unauthorised colonies as provided in the National
Capital Territory of Delhi (Recognition of Property Rights of
Residents in Unauthorised Colonies) Regulations, 2019;
(ii) for village abadi area (including urban villages) and their
extensions as existed on the 31st day of March, 2002 and where
construction took place even beyond that date and up to 1st day of
June, 2014;”;
(b) in sub-section (2), for clause (ii), the following clause shall be
substituted, namely:––
“(ii) in respect of unauthorised colonies identified under the
National Capital Territory of Delhi (Recognition of Property Rights of
Residents in Unauthorised Colonies) Regulations, 2019, in respect of
village abadi area (including urban villages) and their extensions, which
existed on the 31st day of March, 2002, and in aforesaid categories, where
construction took place up to 1st day of June, 2014, as mentioned in sub-
section (1);”;
(c) in sub-section (3), for the words, figures and letters “till the 31st day
of December, 2020”, the words, figures and letters “till the 31st day of
December, 2023” shall be substituted;
(d) in sub-section (4), for the words, figures and letters “at any time before
the 31st day of December, 2020”, the words, figures and letters “at any time
before the 31st day of December, 2023” shall be substituted.
Repeal and 7. (1) The National Capital Territory of Delhi Laws (Special Provisions) Second Ord.15 of
saving. (Amendment) Ordinance, 2020 is hereby repealed. 2020.
(2) Notwithstanding such repeal, anything done or any action taken under the
said Ordinance, shall be deemed to have been done or taken under the provisions of
this Act.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
The National Capital Territory of Delhi has been growing phenomenally over the last
many years, putting a heavy strain on its infrastructure and resources and inter alia,
leading to an ever-increasing demand for housing, commercial space and other civic
amenities. This has resulted in the problems of encroachment on public land, growth of
slums, unauthorised constructions, commercial usage of residential areas, inadequacy of
housing stocks, etc.
2. In order to protect certain forms of unauthorised developments in Delhi from
punitive action, The Delhi Laws (Special Provisions) Act, 2006 was enacted on 19th May,
2006, initially for a period of one year. This protection to various forms of unauthorised
developments in Delhi has continued thereafter, through Ordinances and Acts enacted
from time to time.
3. In the year 2011, a comprehensive legislation namely, the National Capital Territory
of Delhi Laws (Special Provisions) Second Act, 2011 was enacted, which was valid for a
period of three years up to 31st December, 2014. The validity of this Act was extended
up to 31st December, 2017, vide the National Capital Territory of Delhi Laws (Special
Provisions) Second (Amendment) Act, 2014. The validity was further extended up to
31st December, 2020, vide the National Capital Territory of Delhi Laws (Special
Provisions) Second (Amendment) Act, 2017. While doing so, the provisions for street
vendors in the Act of 2011 were omitted as adequate provisions had been made for this
category in the Street Vendors (Protection of Livelihood and Regulation of Street Vending)
Act, 2014.
4. As per the provisions of the Act of 2011, orderly arrangements had to be made for
relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters; unauthorised
colonies, village abadi area and their extensions; farm houses involving construction beyond
permissible building limits; schools, dispensaries, religious and cultural institutions, storages,
warehouses and godowns built on agricultural land, redevelopment of existing godown
clusters, special areas and policy or plan for orderly arrangement for all other areas of the
National Capital Territory of Delhi in consonance with the Master Plan on its review.
5. After the National Capital Territory of Delhi Laws (Special Provisions) Second
(Amendment) Act, 2017 came into force, the National Capital Territory of Delhi (Recognition
of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019, have been
notified in the Gazette of India on 29th October, 2019 and the National Capital Territory of
Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019
has been enacted to confer ownership rights to the residents of Unauthorised Colonies.
The regulations for godown clusters have been notified in the Gazette of India on
21st June, 2018 and are under implementation. These developments are being included
appropriately in the Act of 2011 alongwith the fact of preparation of Master Plan for
Delhi-2041. The definition of Master Plan is also being modified to include the Master
Plan for Delhi as notified under the Delhi Development Act, 1957. The Delhi Urban
Shelter Improvement Board Act, 2010, which deals with the Jhuggi-Jhompri clusters is in
the process of amendment to bring it in consonance with the provisions of Act of 2011 in
so far as date of existence of these clusters is concerned. Similarly, action envisaged for
farm houses, special areas and all other areas of the National Capital Territory of Delhi is
under consideration and will take some more time to complete.
6. The Act of 2011 was valid till 31st December, 2020 and it was necessary to continue
the protection of those unauthorised developments where adequate measures were yet to
be taken. As the Parliament was not in session and there was an immediate need for
legislation in this regard, the National Capital Territory of Delhi Laws (Special Provisions)
Second (Amendment) Ordinance, 2020 (Ordinance No. 15 of 2020) was promulgated by theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
President of India on the 29th day of December, 2020 under clause (1) of article 123 of
the Constitution.
7. The National Capital Territory of Delhi Laws (Special Provisions) Second
(Amendment) Bill, 2021 which seeks to replace the National Capital Territory of Delhi Laws
(Special Provisions) Second (Amendment) Ordinance, 2020 (Ordinance No. 15 of 2020)
provides for extension of the validity of the Act of 2011 for a period of three years from
1st January, 2021 to 31st December, 2023.
8. The Bill seeks to replace the aforesaid Ordinance.
HARDEEP SINGH PURI.
——————
DESH DEEPAK VERMA,
Secretary-General.
PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF
PROCEUDRE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.