Parliament on Wednesday passed the much-awaited Bill to grant ownership rights to residents living in 1,731 unauthorised colonies in Delhi after the Rajya Sabha gave its approval by voice vote.
The Lok Sabha had already passed the Bill on November 28 providing ownership rights to more than 40 lakh residents living in these colonies.
The Bill, known as the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Bill, 2019, States that there has been a phenomenal increase in the population of the National Capital Territory of Delhi in the last few decades owing to migration and other factors.
However, it said, the development of planned housing colonies has not kept pace with the requirements of burgeoning population which resulted in increase of unauthorised colonies.
In view of the socio-economic conditions of the residents of the unauthorised colonies and ground realities, it is desirable to recognise and confer rights of ownership or transfer or mortgage to the residents of such colonies, the Bill said.
It will be done "on the basis of Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration and to facilitate development or re-development that may improve existing infrastructure, civic and social amenities which may lead to better quality of life," it added.
It also provides for levy of the stamp duty and registration charges on the amount mentioned in the conveyance deed or authorisation slip issued by the Delhi Development Authority and non-payment of any stamp duty and registration charges on any previous sale transactions made prior to the last transaction.
Participating in the debate on the Bill in the Upper House, several Opposition members termed the NDA Government to bring the legislation as a "political stunt and drama" and questioned the need for rushing through it in Parliament without subjecting it to the scrutiny of the standing committee. Congress, SP and TMC members also asked the Government to explain the reasons for not bringing the Bill in the last five years and said it was done now with a view to garner political mileage ahead of the forthcoming State elections in Delhi next year.
Replying to the debate, Urban Development Minister Hardeep Singh Puri said the Bill would soon get the President’s nod and the work of uploading maps of 1,731 colonies would be completed.
"We have already uploaded maps of 1,130 colonies. After uploading all maps, we would give 15 days’ time for filing objections (by resident welfare associations and other stakeholders)," he said.
"We would open the filing of application by resident from December 15 and a dedicated portal for that would also be provided," the Minister said.
About empowering women under the Bill, he said the registration of property in these colonies would be done "either in the name of women head of the family or co-jointly (with male member)." Puri also told the House that progressive names would be given to these colonies.
About consideration of other colonies falling in forest areas, Archaeological Survey of India protected land, O Zone, Yamuna flood plains and in affluent categories, he said that these are not included in this bill and would be taken up separately. About the stamp duty and other charges for registration of house in these colonies, the minister said that it would not hurt anybody as this is on nominal basis.
Explaining why the colonies were not authorised on the basis of an executive order, he said that there was a Supreme Court judgement on these type of properties and the bill was required in view of this.
The Supreme Court in its judgement in 2011 had held that sale agreement or General Power of Attorney or Will transactions are not 'transfers' or 'sales' and that such transactions cannot be treated as completed transfers or conveyances and they can continue to be treated as existing agreement of sale.
He also said the DDA at present has set up 25 help desks for the convenience of the residents to register and the number of such desks will be increased to 50 and then 75 in the coming days.
Participating in the debate, Digvijay Singh(Congress)said when the delineation was done by the central government, the Delhi Government should have given ownership right to these residents with executive orders and there was no need for this Bill. The minister said, "I am confident that our job (of providing ownership to resident of unauthorised colonies) would be done for eight lakh families." Puri told the House that he was working on the issue since 2017 when he took charge of the ministry.
Before passing of the bill, Jairam Ramesh(Congress) asked the minister to give some other nomenclature to unauthorised colonies like duly authorised.He was of the view that these people were deprived of their rights due to slow administrative actions. Puri said this bill could act as a model for other states facing the same issues.
The minister thanked all 18 members who participated in the debate and supported the bill but said that some of them gave "ostensible support" to the draft law. Backing the Central Government's effort to bring the Bill, Bhupender Yadav(BJP) said the earlier Governments did not take the initiative though the colonies were identified in 1973.