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Date: 2021-01-27 Category: Not Applicable State: Tamil Nadu Country: India

MINISTRY OF LAW AND JUSTICE - Legislative Department - THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND (AMENDMENT) ORDINANCE, 2020

Issued by Part IV-Section 4 · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document is the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Ordinance, 2020, promulgated by the President of India. The ordinance amends the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011, extending the period for special provisions related to unauthorized colonies and other areas in Delhi. Key dates mentioned include the extension of deadlines to December 31, 2023. **Key Points / Main Content** * **Extension of Validity:** * The ordinance extends the applicability of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. * The deadline in the long title, preamble, and sections of the principal Act is changed from December 31, 2020, to December 31, 2023. * The date is extended to allow more time to complete actions in unauthorized colonies, Village abadi areas, and special areas. * **Amendment to Preamble:** * The ordinance substitutes paragraphs in the preamble to reflect the ongoing progress of formulating the Master Plan for Delhi with a perspective for the year 2041. * It acknowledges the policy regarding farmhouses being prepared by the Delhi Development Authority. * It takes into account the notification of policy for godown clusters in non-conforming areas. * **Definition of "Master Plan":** * The ordinance amends the definition of "Master Plan" in section 2 to mean the Master Plan for Delhi as notified under the Delhi Development Act, 1957. * **Orderly Arrangements:** * The ordinance substitutes the clause related to orderly arrangements in accordance with the provisions of the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019. **Impact Analysis** **Stakeholder: Residents of Unauthorized Colonies in Delhi** * **Impact:** The ordinance provides extended time for recognizing and conferring ownership rights to residents of unauthorized colonies. * **Action Required:** Follow updates and guidelines related to the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 for regularization. **Stakeholder: Delhi Development Authority (DDA)** * **Impact:** The DDA is responsible for preparing the revised policy regarding farmhouses. * **Action Required:** Continue work on the revised policy for farmhouses and finalize the Master Plan for Delhi with a perspective for the year 2041. **Stakeholder: Central Government** * **Impact:** The central government's policy with respect to the norms for godown clusters existing in non-conforming areas has been taken into account. * **Action Required:** Continue to notify policies for godown clusters in non-conforming areas, etc. **Stakeholder: Residents of Village abadi area and their extensions** * **Impact:** The deadline is extended to complete actions for Village abadi area and their extensions and special areas. * **Action Required:** Follow updates and guidelines in respect of Village abadi area (including urban villages) and their extensions under the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019.

Key Entities Referenced

The National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011: The principal Act being amended, related to special provisions in Delhi. The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Ordinance, 2020: The ordinance amending the Delhi Laws, extending the timelines related to special provisions. National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019: Act related to property rights in unauthorized colonies in Delhi, referenced for orderly arrangements. Delhi Development Act, 1957: Act under which the Master Plan for Delhi is notified, referenced in the amendment. Delhi: The geographical scope of the laws and ordinances being amended.
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© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2021 [Price: Rs. 1.60 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 4] CHENNAI, WEDNESDAY, JANUARY 27, 2021 Thai 14, Saarvari, Thiruvalluvar Aandu – 2052 Part IV—Section 4 CENTRAL ACTS AND ORDINANCES MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 30th December 2020 / Pausha 09, 1942 (Saka) . THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND (AMENDMENT) ORDINANCE, 2020 No. 15 OF 2020 Promulgated by the President in the Seventy-First Year of the Republic of India as follows:- An Ordinance further to amend the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. WHEREAS Parliament is not in session and the President is satisfi ed that circumstances exist which render it necessary for him to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:- 1. (1) This Ordinance may be called the National Capital Territory of Delhi Laws Short title and (Specials Provisions) Second ( Amendment) Ordinance, 2020. commence- ment. (2) It shall come into force at once. 2. In the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 Amendment of (hereinafter referred to as the principal Act), in the long title, for the words, fi gures and letters long title. 20 of 2011. “for a further period up to the 31st day of December, 2020”, the words, fi gures and letters “for a further period up to the 31st day of December, 2023” shall be substituted. 3. In the principal Act, in the Preamble,- Amendment of Preamble. (a) for fourth paragraph to eight 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; [ 1 ] IV-4-42 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 AND WHEREAS the National Capital Territory of Delhi (Recognition of Property Rights 45 of 2019. of Residents in Unauthorised Colonies) Act, 2019 was enacted to recognise and confer rights of ownership or transfer or mortgage to the residents of unauthorised colonies as one time special measure; AND WHEREAS in supersession of the Regulations for Regularisation of Unauthorised Colonies in Delhi notifi ed on 24th March, 2008, the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 notifi ed 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 fi nalisation 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 fi nalised 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 61 of1957. Development Authority under sub-section (1) of Section 57 of the Delhi Development Act, 1957 notifi ed in the Gazette of lndia vide S.O. 97(E), 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 fi nalisation is likely to take more time;”; (c) in twelfth paragraph, for the words and fi gures”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 notifi ed by the Central Government on 21st June, 2018;”; (e) in twenty-fi rst paragraph,— (i) for the words and fi gures “the Master Plan for Delhi, 2021 “, the words “the Master Plan” shall be substituted; (ii) for the words, fi gures and letters “the 31st day of December, 2020”, the words, fi gures and letters “the 31st day of December, 2023” shall be substituted. Amendment of 4. In the principal Act, in section 1, in sub-section (4), in the opening portion, for the section 1. words, fi gures and letters “It shall cease to have eff ect on the 31st day of December, 2020”, the words, fi gures and letters “It shall cease to have eff ect on the 31st day of December, 2023” shall be substituted. Amendment of 5. In the principal Act, in section 2, in sub-section (1), for clause (e), the following clause section 2. shall be substituted, namely:- ‘(e) “Master Plan” means the Master Plan for Delhi as notifi ed under the Delhi 61 of 1957. 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 fi gures “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 Residents in Unauthorised Colonies) Act, 2019, the National Capital Territory of Delhi (Recognition of Property Rights of Residents 45 of 2019. 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:—3 Jan. 27, 2021] TAMIL NADU GOVERNMENT GAZETTE (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 upto 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 identifi ed 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 upto 1st day of June, 2014, as mentioned in sub-section (1);”; (c) in sub-section (3), for the words, fi gures and letters “till the 31st day of December, 2020”, the words, fi gures and letters “till the 31st day of December, 2023” shall be substituted; (d) in sub-section (4), for the words, fi gures and letters “at any time before the 31st day of December, 2020”, the words, fi gures and letters “at any time before the 31st day of December, 2023” shall be substituted. RAM NATH KOVIND, President. D(cid:3482). G. N(cid:3465)(cid:3482)(cid:3465)(cid:3489)(cid:3465)(cid:3478)(cid:3465) R(cid:3465)(cid:3474)(cid:3485), Secretary to the Government of India. (Re-published by Order of the Governor) A.S. PASUPATHI, Additional Secretary to Government, Law Department. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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