Land Pooling Policy

 

MINISTRY OF HOUSING AND URBAN AFFAIRS

(DELHI DIVISION)

 

NOTIFICATION

New Delhi, the 11th October, 2018

1. S.O. 5220(E).—Whereas, certain modifications which the Central Government proposed to make in the Master Plan for Delhi–2021, as mentioned hereunder were published in the Gazette of India, Extraordinary, as Public Notice vide S.O. No. 144(E) on 11.01.2018 by Delhi Development Authority in accordance with the provisions of section 44 of the Delhi Development Act, 1957 (61 of 1957) inviting objections/suggestions as required by sub-section (3) of Section-11-A of the said Act, within forty five days from the date of the said notice.

2. Whereas, objections/suggestions received with regard to the proposed modifications have been considered by a Board of Enquiry and Hearing, set up by Delhi Development Authority and also approved at the meeting of the Delhi Development Authority.

 

3.     Whereas the Central Government has, after carefully considering all aspects of the matter, decided to modify the Master Plan for Delhi–2021.

4. Now, therefore, in exercise of the powers conferred by sub-section (2) of section 11-A of the said Act, the Central Government hereby makes the following modifications in the said Master Plan for Delhi–2021 with effect from the date of publication of this Notification in the Gazette of India.

Modifications:

The modified Chapter – 19 (Land Policy) of MPD – 2021 is as follows: 19.0 Land Policy

Land acquisition and planned development in Delhi has not kept pace with the increasing demands of urbanization during the last five decades. The prevailing large-scale Land Acquisition, Development and Disposal Policy of Delhi (1961), allows for development of land through acquisition and subsequent planning by DDA. Acquisition of land at such large scale could not be conducted in a time bound manner and this led to a mismatch between the pace of growth, and the demand and supply for built-up space and other physical, social and institutional infrastructure.

Land Pooling is a new paradigm for the urban development of Delhi, wherein the private sector will play an active role in assembling land and developing physical and social infrastructure. Under this concept, owners or groups of owners will pool land parcels for development as per prescribed norms and guidelines, making them partners in the development process. For integrated planning of a sector, the land required for development of roads, utilities, greens and other infrastructure shall be made available to the DDA and service providing agencies for development as per approved Zonal Development Plan (ZDP) and sector layout plans. Planned development will increase the value of their land through provision of infrastructure and public facilities. The outcomes are expected to be world class ‘smart’ and sustainable neighborhoods, sectors and zones, planned and executed as per the availability of water, power and other infrastructure.

This Policy is applicable in the proposed urbanizable areas of Urban Extension for which Zonal Plans have been notified.

 

19.1 Guiding Principles

i.        Pooling of land under this Policy will be done on the basis of sectors (as defined in the Regulations) and as delineated in the Zonal Development Plans.

ii.        The Policy is open to all landowners who own land in the areas notified by DDA/Government under the Policy. Landowners with any size of land may register and express their interest to participate as per the application process specified in the Regulations.

iii.        In order to ensure unified planning, servicing and subdivision/ share of the land in a sector as per Land Policy and Regulations, a minimum of 70% contiguous land of the developable area within the sector, free of encumbrances, is required to be pooled to make the sector eligible for development. When such minimum contiguity is achieved in a sector, DDA will intimate all the constituent landowners forming part of the contiguous land in the sector to form a consortium as defined in the Regulations. Isolated land parcels of 2 ha and above falling in a sector, that are not a part of 70% contiguous land shall also be eligible for being part of the Consortium based on feasibility of the layout plan.

iv.        Of the pooled land, the Consortium will retain 60% and hold the remaining 40% on behalf of DDA, to be surrendered (free of encumbrances) as and when required to DDA/ service providing agencies for development of city level physical infrastructure, recreational and public/semi-public (PSP) facilities as per the ZDPs and layout plan of a sector. Each landowner will surrender land proportionate to the area of land pooled, irrespective of land uses assigned to their original land in the ZDP.

v.        The 60% land shall be utilized by the Consortium for development of residential, commercial, public and semi-public facilities as per the Policy.

 

vi.        The Consortium will mutually decide a formula for redistribution of developed land/ built space, or any other form of fair exchange as part of an “Implementation Plan” and convey the same to DDA with the consent of all landowners.

vii.        The final development of the 60% land shall be taken-up by the Consortium only after obtaining the necessary approvals as specified in the Regulations. The 60% land can also be developed as separate sub-projects by those landowners/ group of landowners who have chosen to work as separate Developer Entities (DEs), only after the overall integrated planning has been completed by the Consortium and all due approvals have been obtained. The DE can be:

a.       An individual land owner who has pooled one or more parcels of land in the sector, adding up to a minimum of 2 hectares;

b.        A group of land owners who have collectively pooled one or more land parcels adding up to a minimum of 2 hectares who have voluntarily grouped together, through a valid and legally enforceable agreement for taking up development;

c.        An entity (developer/ business/ corporate entity) representing a group of landowners who have pooled one or more land parcels adding up to a minimum of 2 hectares, through a legally binding agreement.

The limit of 2 hectares has been set to ensure adequate return of land for development.

viii.        Adequate provision of EWS housing shall be ensured in the new development area as per the Master Plan.

ix.        External Development Charges (EDC) shall be applicable on the entire area of pooled land to cover the actual cost of providing city-level infrastructure.

x.        Land parcels in a sector that remain un-pooled may be allowed to develop at a later stage subject to:

 

a.       workability of the proposed layout plan in terms of accessibility and other functional requirements;

b.        making 45% land available for city level infrastructure/facilities or as determined by the Authority from time to time;

c.        payment of updated applicable EDC for infrastructure and services.

 

19.2       Role of DDA and/or Government

i.        Ensure smooth and fair implementation of the Policy.

ii.        Overall planning with respect to ZDP and the land to be utilized by DDA and service providing agencies for provision of city level physical infrastructure, recreational and public/semi-public (PSP) facilities.

iii.        Revision of ZDPs as and when required for new development areas, including delineation of sector boundaries.

iv.        Facilitation of the entire process of planning and development by DEs/Consortium through a Single Window System for application, verifications, approvals, licenses, etc. in a time bound manner, as per process specified in the Regulations.

v.        Overall monitoring of provision of relevant infrastructure for water supply, sewerage, drainage, power, transportation etc., by service providing agencies in a time bound manner.

vi.        Acquisition of any land, which has not been offered under land policy and is required for effectuating the policy in any sector, in accordance with law. The cost of such acquisition shall be borne by the DEs/Consortium.

vii.        Ensuring sale of EWS housing stock handed over by the DE/Consortium to DDA as per Policy.

 

viii.        Setting up and operation of a robust and credible dispute resolution mechanism to address grievances/disputes that may arise during the implementation of the Policy.

 

 

19.3       Role of the DE/Consortium

i.        A Consortium of constituent landowners will be created for unified planning, servicing and subdivision/ share of the land or any other defined action for development of sectors under the Land Policy as per prescribed norms and guidelines.

ii.        Development and finalization of the Implementation Plan with the approval of all constituent landowners as per clause 19.1(iii) will be the responsibility of the Consortium.

iii.        Preparation of layout plans and detailed site plans for the remaining 60% land as per the provisions of the ZDP and prevailing Master Plan, through a consultative process involving all DEs/ landowners will be the responsibility of the Consortium.

iv.        Undertaking watch and ward of the land to be surrendered (free of encumbrances) as and when required to DDA/ service providing agencies will be the responsibility of the Consortium.

v.        Timely payment of External Development Charges (EDC) to DDA and service providing agencies towards the cost of developing public infrastructure and services, through the Single Window System and as per timelines specified in the Regulations. EDC shall be payable on the total pooled land.

vi.        Seeking necessary approvals, inter-alia, of layout plans and detailed site plans, through the Single Window System established by DDA.

vii.        Time bound development of all internal roads and other related infrastructure such as water supply lines, power supply, rain water harvesting, sewage treatment plants, water treatment plants, and parking including provision of multi-level parking facilities wherever required, falling in its share of the land, as per Policy and Regulations.

viii.        Time bound development and maintenance of the entire development as per approved layout plan, including all the neighborhood level facilities i.e. open spaces, roads and services, till the area is handed over to the concerned Urban Local Body (ULB) for maintenance. The deficiency charges, if any, shall be borne by the DEs/Consortium at the time of handing over of the services to the ULB.

ix.        Time bound transfer of the share of built-up space/land to constituent landowners/DEs as mutually agreed in the Implementation Plan.

x.        Ensure development of the prescribed built up space/dwelling units for EWS Housing component as per Clause 19.4(vi).

xi.        Sell 50% of the EWS housing stock to DDA at a base cost prescribed by the latest CPWD index (plus cost of EWS parking) or actual cost whichever is less, at the time of actual handing over. The DE/Consortium will develop such 50% housing stock as a separate block and provide all necessary parking, commercial and PSP facilities for this separate housing pocket.

xii.        Dispose the remaining 50% of EWS housing stock only to the residents within the new development, at market rates, to house community service personnel working for the residents/owners. These will be developed by the DE/Consortium at the respective Group Housing site/premises or contiguous site. The DE/Consortium shall be allowed to undertake actual transfer/transaction of this 50% stock to the prospective buyers only after fulfilling the requirements mentioned in Clause 19.3(xi).

xiii.        Bearing the cost of acquisition of land acquired by DDA as per law for the public purpose of ensuring the planned development of infrastructure in the Zones and sectors where the Land Policy is applicable.

19.4       Norms for Land Pooling and Development Control Norms

The proposed land pooling and development by DE/Consortium shall be based on the following norms:

 

i.        The Land Use distribution at the city level for the urbanizable areas in the Urban Extensions adopted for this Policy is as under:

o Gross Residential: 53% o Commercial: 5%

o Industrial: 4%

 

o Recreational: 16% (does not include green areas within the various gross land use categories) o Public & Semi- Public Facilities (PSP): 10%

o Roads & Circulation: 12%

ii.        The above land use distribution will split on a 40:60 basis. A minimum of 40% of pooled land in every sector shall be reserved for city level infrastructure (surrendered as and when required to DDA and service providing agencies for provision of infrastructure). A maximum of 60% of pooled land in every sector shall be available to DE/Consortium for development. The distribution of land uses shall be as follows:

 

 

Land Use

Area of Pooled Land

Minimum 40%

Maximum 60%

Gross Residential

--

53%

Commercial

--

5%

Industrial

4%

--

Recreational

16%

--

PSP

8%

2%

Roads and circulation

12%

--

 

 

iii.        Sub-division of Gross Residential areas and provision of facilities (local and city level) shall be as per the Master Plan. Land requirement for provision of neighborhood level internal roads/ infrastructure/ services (including water supply lines, power supply, rain water harvesting, STP, WTP etc.) as earmarked in the layout plan will be met equitably by all the landowners/DEs.

iv.        50% of the plots earmarked for neighborhood level health and education facilities, within the Gross Residential Use (53%) in a sector, to be returned to DDA for allotment to government agencies/ departments.

v.        Amalgamation and sub-division of city level PSP plots as well as commercial plots shall be allowed. On the amalgamated/ subdivided plots, minimum area requirements/ norms of Master Plan shall be applicable for development of any use premise. In such cases, adherence to Master Plan requirements/norms shall be mandatory. The DE/Consortium may also adopt innovative ways for achieving a vertical mix of uses (residential, commercial, PSP) within a building. Application of vertical mix of uses shall be in adherence to the prescribed additional development controls mentioned in Clause 19.4(viii) and is restricted to developments under the Land Policy.

vi.        Development control norms under the Policy are:

 

a.       FAR for Residential, City Level Commercial and City Level PSP shall be as per prevailing Master Plan.

b.        Residential FAR for Group Housing to be applicable on Net Residential land.

c.        Net Residential land to be a maximum of 55% of Gross Residential land.

 

d.        For the purpose of providing EWS housing, the DE/Consortium shall utilize a mandatory FAR of 15% over and above the maximum permissible residential FAR. The resultant increase in density shall be considered over and above the permissible density as per Master Plan.

e.        EWS Housing unit size shall range between 30-40 sq.m.

f.       Adequate parking shall be provided by the DE/Consortium as per MPD. In case of the EWS housing component, a norm of 0.5 ECS/100 sq.m. of BUA shall be followed.

 

 

vii.        The Consortium/DE shall be compensated in the form of Tradable FAR as per conditions specified in the Regulations, if it is unable to utilize the entire allowable FAR within the 60% land. DDA may identify receiving sites for such Tradable FAR, which would be based on availability of critical resources such as water, proximity to transport infrastructure, etc.

viii.        Additional development controls for urban design, landscape and built environment to be notified as part of the ZDPs for land pooling zones shall apply uniformly for all developments under the Policy. These controls will regulate building and site level aspects and promote sustainable environment management systems through integration of blue and green infrastructure in the sector layout plans.

19.5       Framework for Implementation of the Policy

i.        A website, to serve as a Single Window System, will be created for the purpose of implementing the Land Policy. This Single Window System will provide the interface between DDA and landowners/DEs/Consortium(s), host all the necessary information, and provide the appropriate interfaces with regulatory agencies through online forms and protocols.

ii.        The detailed Regulations for operationalization of the Land Policy, including process and timeframe for participation, shall be formulated in a time bound manner. The Regulations shall be put up in public domain (online and through newspapers) for inviting views of the stakeholders within a period of 30 days.

iii.        A two-stage Grievance Redressal Mechanism will be constituted within DDA to resolve all disputes and anomalies emerging from the implementation of the Policy.

iv.        DDA will create dedicated multi-disciplinary teams for managing the Single Window System based implementation. These teams will be drawn from different divisions/departments within DDA and will manage documentation, coordination with other agencies, site inspection, approval of alignments and site layouts, and other matters that will be defined in the Regulations. The option of outsourcing certain parts of the operations (as required) may also be considered.