Parliament Clears Bill For Regularization Of Unauthorized Colonies In Delhi; Extension Of Protection From Sealing/ Demolition Till 2023

Introduced by Minister for Housing and Urban Affairs of India, Hardeep Singh Puri, the Bill seeks to extend the time period available with the Government for regularization of unauthorized colonies which existed as on June 1, 2014, having 50% development as on January 1, 2015.

Background

The Government had enacted the NCT of Delhi Laws (Special Provisions) Second Act, 2011, with the following objectives:

• relocating slum dwellers and Jhuggi-Jhopri clusters in Delhi in accordance with the provisions of the Delhi Shelter Improvement Board Act, 2010 and the Master Plan for Delhi, 2021
• regularising unauthorised colonies in Delhi
• creating a policy or plan for farm houses constructed beyond permissible building limits in Delhi
• not taking any punitive action and minimising inconvenience to the people of Delhi in case of any demolition or sealing of structures under the Master Plan for Delhi.

The validity of this Act was set to expire on December 31, 2020, whereas the above objectives are yet to be achieved. Therefore, the Government sought to extend the operation of the 2011 Act, to preclude any coercive measures such as sealing/ demolition against residents of these unauthorized colonies.

The instant Bill seeks to extend the operation of the 2011 Act for a period of three years from January 1, 2021 to 31 December, 2023.

[Presently, the Act is in force due to an extension granted by way of an Ordinance, promulgated on December 30, 2020.]

Parliamentary Debate

Given constant protest and sloganeering by the Opposition demanding immediate discussion of Farm Laws and rising fuel prices, the discussion on the Arbitration Bill in Lok Sabha lasted for approximately 25 minutes, including the time taken by Housing Minister in his reply.

Only four members, namely BJP MPs Meenakshi Lekhi and Ramesh Bidhuri, YSRCP MP Chinta Anuradha and JD(U) MP Dr. Alok Kumar Suman spoke (in favour of the Bill) during the discussion.

In her speech, Lekhi criticized the Delhi Government for not providing adequate facilities for migrants, labour who were residing in these unauthorized colonies. Citing several statistics, she alleged that the Delhi Shelter Improvement Board has not been discharging its duties of looking after slum clusters by way of provision of civic amenities.

She added that the Centre has taken concrete steps for protection of such vulnerable class of persons by enacting the NCT of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 for recognising the property rights of resident in unauthorised colonies by securing the rights of ownership or transfer or mortgage in favour of such residents.

In his reply in the Rajya Sabha, Union Minister Hardeep Singh Puri had informed that all possible steps are being taken under the Prime Minister Awas Yojana. He said, as against the demand assessment of 1.12 lakh houses in Delhi, 1.11 lakh houses have already been sanctioned, 42 lakh units have been handed over to the beneficiaries and 72 lakh units are under construction. The Minister further informed the House that the issue of Migrant labours could not be resolved under the present housing scheme since they do not look for permanent homes. Therefore, the Government is signing MoUs with various State Governments for providing 'Affordable Rental Housing Complexes' for migrants.

The Bill will now be presented before the President for his assent.

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