With an eye to Delhi Assembly polls in February, the Narendra Modi Government has approved amendment to the existing guidelines that will enable regularisation of around 1,900 to 2,000 unauthorised colonies that had come up till June 1, 2014. The decision was taken by the Union Cabinet on Monday and the cut-off date for regularisation of illegal colonies was extended from March 31, 2002 to June 1, 2014.
The Union Cabinet has also authorised the Ministry of Urban Development (UDM) to carry out regulation and development of unauthorised colonies in Delhi and take other policy decisions regarding them.
The Modi Government’s move will help 50-60 lakh people residing in these colonies. The voters of unauthorised colonies had earlier helped the Sheila Dikshit Government win the Assembly polls in 2007 after the Dikshit Government had provided these colonies with provisional regularisation certificates.
After the Cabinet meeting, Finance Minister Arun Jaitley said that the Ordinance is for regularisation of unauthorised colonies in Delhi. The detailed implementation and guidelines will be issued by the authorities concerned. With their regularisation, infrastructure and other facilities will continue to be provided, Jaitley said.
The Cabinet approved a proposal which was firmed up after several rounds of discussions Urban Development Minister Venkaiah Naidu had with Delhi lieutenant-Governor Najeeb Jung, Delhi Chief Secretary DM Spolia, Members of Parliament from Delhi and other stakeholders.
In a fresh note to the Ministry of Urban Development, the Delhi Government had proposed that regularisation of unauthorised colonies was possible if the Union Cabinet modified the guidelines issued in 2007 and 2008, and it would be an easy job provided the Union Cabinet agrees to the proposal of the Delhi Government for an “as-is-where-is” basis.
The “as-is-where-is” proposal will make it easy for the Government to regularise all colonies irrespective of whose jurisdiction they fall under. This will open a one window system for regularisation.
According to the note, the UDM will have to take a comprehensive view on the matter of regularisation on “as-is-where-is” basis after studying the existing court orders and consultations with the law Ministry.
“The guidelines were issued by the Union Government in 2007 and the regulations were issued in 2008. later, two amendments were made in regulations in 2008 and 2012. Even then the issue of regularisation of these colonies could not be satisfactorily settled. It is, therefore, suggested that implementable guidelines and associated regulations be issued,” the note said.
In its earlier note, the Delhi Government had presented the status of these colonies, suggesting a new Act to replace the existing framework of regulations to overcome hurdles the process, restrictive applicability of Delhi land Reforms Act in unauthorised colonies, declaration of nature of land, applicability of Panchayati Raj Act, relaxation of building bylaws and Master Plan of Delhi-2021, among others.
The Ministry has advised the Delhi Government to simplify the regularisation process so that it could take a decision in this regard. This will go a long way in resolving the vexed issues that have been plaguing the Government in initiating the development of these listed illegal colonies.
The latest proposal may well benefit the BJP in the Assembly polls as the issue of illegal colonies has been hanging fire for many years. It is estimated that around 50-60 lakh people, who reside in these unauthorised colonies are considered as major vote bank in city politics.
In recognition of the problems of illegal colonies, the then Delhi Administration issued a Press note on July 19, 1961, which was the basis for regularization of the first set of 103 unauthorised colonies between 1960 and 1962.
The Centre issued an order regarding regularisation in February, 1977 and subsequently, in 2001, the Ministry of Urban Development formulated guidelines for regularisation of unauthorised colonies existing on March 31, 1993. The 2001 guidelines were revised with the approval of the Union Cabinet in 2004 and the cut-off date was extended to March 31, 2002. The 2004 guidelines were revised in 2007 with the approval of the Union Cabinet and notified by the DDA on March 24, 2008.