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Chapter 3.3.1: In Re: Unauthorised Colonies in Delhi

(December 2014)

In the past, I have written twice on unauthorized colonies: 1) “In Re: Unauthorized Colonies in Delhi” (Legal Issues) (Re: Ch. 3.7.4) and 2) “Unauthorized Colonies are a Boon for the Citizens of Delhi” (Re: Ch. 3.3.12). I am myself a resident of an unauthorized colony, so I do have a bias towards their regularization. However, ironically, every time I hear the news of regularization, I get goose bumps. There are so many unresolved issues with respect to unauthorized colonies that there are very great chances of the non-confirming individuals getting targeted; and since I am a non-conformist, I naturally get anxious. Let’s face the truth: Unauthorized colonies are political constructions, and those who don’t confirm to the political expectations do face serious threat of targeted action. Most of these apprehensions arise mainly because of non-transparency, which seems to have become a norm in reference to the regularization of unauthorized colonies.

When the Congress was in power, they regularized 312 colonies situated on private land in a single stroke on the basis of a single date satellite map without any corresponding physical inspection and without inviting objections from the public. Now, the present government has gone a step further, they are regularizing even the remaining 895 minus 312=583 colonies which are situated on public land, fully or partially — I wonder how they intend to do it without recovering the cost of land @500/sqm approx as stipulated under the regulations. Nonetheless, the regularization of colonies situated on public land throws up an even bigger issue of transfer of title of the public land. There are so many questions that need to be answered:

1. Will the title be transferred to the occupants of a public land jointly through a society? If yes, what are the registration norms for the societies of residents? Is it enough to get the societies registered under the Societies Registration Act, under which all kinds of societies can be registered, or should there be some specific law like Apartment Ownership Act of Bombay or Housing Societies Act of Delhi? What would be the legal status of the resident societies so formed? Will they have executive powers or even quasi-judicial powers? What are the rights of the residents to get registered as members of these societies? Should all individual occupants of a residential unit be made members or should only the head of the family be made member? What are the rights of the servants and tenants? Should servants be also made members of these societies? Are tenancy agreements entered between the unauthorized occupants of a public land and their tenants legal? If not, should tenants have same rights as that of the landlords with respect to membership of the societies? What if a residential unit is situated partly on a private land and partly on a public land? How to resolve disputes arising between the societies and the members? Should they be resolved under some special jurisdiction?

2. Will the title be transferred directly to the occupants with respect to the public land on which their residential units are situated? If yes, in whose name the title will be transferred? Will it be in the name of the head of the family or will it be transferred to each and every individual occupant forming part of the family? What about the servants, who though strictly speaking are not members of the family but, nevertheless, are occupants; what are their rights? Will they have perpetual right of residence in the residential units situated on a public land irrespective of the cession of employment? What about tenants? Are the tenancy agreements on residential units situated on a public land valid? If yes, to what extent? Are they occupants at par with the landlords and claimant to prospective titles over the public land?

3. If the title will not be transferred at all — though the regulations say it will be transferred — will any authority be constituted for management of the public lands in the unauthorized colonies? What will be the rights of the people occupying these lands? Will they be the lessees of the government? Will any rent be charged from them? Or will they be licensees? What will be their right to carry out further construction on the occupied public lands? Can they sell their floor rights? What happens when the building constructed on a public land reaches its end and has to be demolished? Will the right of occupancy cease to exist on the mandatory demolition of the building? Or will the government then construct model houses over these public lands, and the previous occupants will retain their occupancy rights over the lands through the houses so constructed?

I wonder how a sincere government can even think of regularizing unauthorized colonies situated on public land without answering the above questions. The Congress were better: At least they didn’t tread into the dark dungeons without light. But, the BJP are worse: Neither do they have any light nor do they have any fear of the dark because their conscience produces darkness. ©2014-2015 Ankur Mutreja