Executive Summary:
The National Capital Territory of Delhi Laws Special Provisions Second Amendment Ordinance, 2020 extends the provisions of the National Capital Territory of Delhi Laws Special Provisions Second Act, 2011, until December 31, 2023. This ordinance addresses issues related to unauthorized colonies, village abadi areas, and special areas, including amendments related to the Master Plan for Delhi. It provides a framework for ongoing regularization and policy finalization efforts.
Key Points / Main Content:
Extension of Act's Validity:
* The National Capital Territory of Delhi Laws Special Provisions Second Act, 2011, is extended until December 31, 2023.
* Section 1, subsection 4 is amended to reflect this extended date.
* Section 3, subsections 3 and 4 are amended to reflect this extended date.
Amendments to the Preamble:
* Replaces paragraphs related to the progress of the Master Plan for Delhi 2041.
* Acknowledges the National Capital Territory of Delhi Recognition of Property Rights of Residents in Unauthorised Colonies Act, 2019.
* Recognizes the ongoing process of conferring ownership rights in unauthorized colonies.
* Mentions policy finalization regarding village abadi areas and building regulations.
* Highlights the need for more time to complete actions for unauthorized colonies, village abadi areas, and special areas.
* Notes the revised policy regarding farm houses is being prepared.
* Acknowledges the policy for godown clusters in non-conforming areas.
Definition of "Master Plan":
* Section 2, subsection 1, clause e is substituted to define "Master Plan" as the Master Plan for Delhi as notified under the Delhi Development Act, 1957.
Provisions Related to Unauthorized Colonies and Village Abadi Areas:
* Section 3, subsection 1, clause c is substituted to address orderly arrangements in accordance with the National Capital Territory of Delhi Recognition of Property Rights of Residents in Unauthorised Colonies Act, 2019, and regulations for village abadi areas.
* Cutoff dates are specified for unauthorized colonies and village abadi areas.
Impact Analysis:
Residents of Unauthorized Colonies:
Impact: Continued progress towards regularization and property rights recognition.
Action Required: Comply with the National Capital Territory of Delhi Recognition of Property Rights of Residents in Unauthorised Colonies Regulations, 2019.
Residents of Village Abadi Areas:
Impact: Continued consideration of their existing structures and extensions.
Action Required: Adhere to regulations for village abadi areas and cutoff dates.
Delhi Development Authority:
Impact: Extended timeframe to finalize and implement policies related to the Master Plan, farmhouses, and building regulations.
Action Required: Continue working on the Master Plan for Delhi 2041 and finalize policies related to farm houses and other areas.
Central Government:
Impact: Oversight and policy-making role in the development and regularization efforts in Delhi.
Action Required: Continue to support the Delhi Development Authority in finalizing and implementing relevant policies.
Key Entities Referenced
National Capital Territory of Delhi: A Union Territory of India, and the location to which the ordinance applies.
National Capital Territory of Delhi Laws Special Provisions Second Amendment Ordinance, 2020: The title of the ordinance being analyzed.
President of India: The promulgator of the ordinance, as per Article 123 of the Constitution.
Constitution of India: The supreme law of India, referenced in relation to the President's power to promulgate ordinances.
National Capital Territory of Delhi Laws Special Provisions Second Act, 2011: The principal act being amended by this ordinance.
Master Plan for Delhi: A comprehensive plan for the development of Delhi, guiding future growth.
National Capital Territory of Delhi Recognition of Property Rights of Residents in Unauthorised Colonies Act, 2019: Act enacted to confer rights to residents of unauthorised colonies in Delhi.
Delhi Development Authority: An organization responsible for planning and development in Delhi.
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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 satisfied 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 (Special Short title and
Provisions) Second (Amendment) Ordinance, 2020. commencement.
(2) It shall come into force at once.
20 of 2011. 2. In the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 Amendment
(hereinafter referred to as the principal Act), in the long title, for the words, figures and letters of long title.
"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 3. In the principal Act, in the Preamble,—
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;
AND WHEREAS the National Capital Territory of Delhi (Recognition of Property
Rights of Residents in Unauthorised Colonies) Act, 2019 was enacted to recognise 45 of 2019.
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 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 61 of 1957.
Development Act, 1957 notified in the Gazette of India 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 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.
Amendment 4. In the principal Act, in section 1, in sub-section (4), in the opening portion, for the
of section 1. words, figures and letters "It shall cease to have effect on the 31st day of December, 2020",
the words, figures and letters "It shall cease to have effect on the 31st day of December,
2023" shall be substituted.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
5. In the principal Act, in section 2, in sub-section (1), for clause (e), the following Amendment
clause shall be substituted, namely:— of section 2.
'(e) "Master Plan" means the Master Plan for Delhi as notified 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 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 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 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 upto
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.
RAM NATH KOVIND,
President.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—1106GI—30-12-2020.