Objections / Suggestions on Floor-wise Sanction and Regularisation of Building Plans

Citizen’s Reporter
Rajiv Kakria 
Mob: 9810275168
Kind attention The Chief Engineer (Building), MCD

At the outset I wish to thank you for belatedly thinking of the rights of citizens, indeed after court orders. Which means you should have been proactive and come up with a solution to this problem. These issues do crop up when Building Bye Laws are tinkered with, without thinking of all the consequences. Even at this late stage careful thought has to be given on how this move will impact Individuals, Neighbours, the Colony Infrastructure, Structural Safety, Age of Building, Road Width etc. May I remind you that Delhi comes under Seismic Zone 4 in case of earthquakes.

The Spirit behind extra FAR and Height in MPD 2021 was not to give windfall benefits to individual speculators, but to accommodate growing families, increase Parking Space under stilts and other ground realities. Individual rights have to be protected but strictly within permissible limits of Building Bye-Laws ie. FAR, Height, Setbacks, Air Ventilation, Sun Light, Parking, Structural Safety etc. In Delhi over the years FAR has been raised for political reasons rather than Public Safety Concerns and Infrastructure Ground Reality. Whenever FAR is relaxed Delhites extract illegally 15% more as a Right, in the absence of strict implementation of Law. There have been no infrastructure enhancement in the past five years to instill confidence that relaxed norms will improve civic life. Extra floor should be allowed only on case by case basis.

Following safe guards must be kept in mind while framing the policy of Floor-wise Sanction and Regularisation of Building Plans:-

– No change in Land Holding Percentage and other rights as mentioned in Sale Deeds/Collaboration Agreement must be respected. Just as a person enjoys Terrace Rights and wants to construct additional floor, the Ground Floor occupant has paid a Premium to enjoy the open court yards/shafts/setbacks for sunlight and fresh air, the value of which is covered in the premium. Likewise Basement owners may have land rights as per Sale Deed, although free of FAR ….. their rights should be protected.

– This is not to deprive people with terrace rights their due, if the Sale Deed/Collaboration Agreement says that apart from water tanks and allied facilities, the owner of top floor has rights to the terrace then remaining FAR should be allowed within stipulated height. However the land holding should be as per sale deed. If the sale deed says 30%G+30%F+30%S +10% for basement, then additional floor should have 15%+15% land rights shared between Second and Third floor owners.

– If A (owner of second floor & terrace) applies for sanction of building plans, his ownership documents should be seen and examined in conjunction with the ownership documents of owners B&C(owners of ground floor and first floor. There are instances where the mention of use of terrace is different in different Sale Deeds in respect of the same premises. If due to this reason, the share in land of any owner gets mitigated resulting in decrease of his share of land, it will result in unconstitutionality. Obtaining an NOC from other owners will reasonably assure that no wrong representation is being made by A. However, the NOC may be done away with only in cases where there is a single owner of the land and the floors have been sold without parting with the proportionate share to each floor owner.

– Even in cases, where the ownership documents of the second floor permit further vertical construction, then also it results in mitigation of rights in the proportionate share in land. Benefit of doubt, if any, should not be allowed without the consent and knowledge of other floor owners.

– Allow building only upto the extent of remaining FAR after verifying built up area of all existing floors, as per sanctioned plan (some people may have added covered area later in that case Sale Deed/Collaboration Agreement/Regularised Plan should be the determining factor). Basement be strictly used as per sanctioned use ie. free of FAR or habitable Lower Ground Floor as part of FAR. In case of basements no relaxation in total height of building, including servant quarters.

– Complete embargo on spread to public land to provide for Lifts on account of old age. Setbacks, Common areas, Shafts, Water tanks, Lifts etc. should be confined within the Boundary of the said plot. No protrusions / cantilevers to place water tanks / motors / lifts etc. be allowed at any height upwards what-so-ever.

– Servant rooms should not be allowed to be built on terrace exceeding height restriction. Individual Sale Deed/Collaboration Agreement that have Servant rooms on terrace should be respected and be kept in mind while allotting extra FAR. Most Delhites use up FAR and construct Servant Quarters on Terrace. Some people have converted most of the stilt area into offices. Additional height of Terrace steals precious Sun light and offices under stilts use up scarce Parking Space.

– One set of Bye-Laws will not work uniformly all over Delhi. Relaxed norms must keep Road Width in mind. Sun Light and Fresh air is our Fundamental Right. Adding floors on plots on narrow streets will eventually affect the health of Residents.

– Structural Safety and augmentation of Civic Infrastructure should be done in a Guaranteed time frame …… we are still waiting for the promised Parking lots when MPD-2021 relaxed FAR and Height norms.

– Affidavits should be obtained from owners building extra floor, that they will buy cars equal to the number and size of Parking Space provided within the Plot. People should not be allowed to buy cars larger in size than the parking space provided for as Marked on the Sanctioned Plan. The previous policy of taking conversion charges and allowing plot owners to use up basements and open areas has lead to huge conflict between neighbours fighting for limited parking on public land.

– Affidavit/Security Deposit of Rs. 2.0 Lakhs should be deposited with MCD in lieu of Restoration of common facilities, Painting/Whitewashing/ Polishing of floor etc. Completion/Form C or D be only issued after the Co-owners give written consent that the services and building has been restored to their satisfaction and malba removed.

– Redevelopment should be encouraged in old buildings with multiple owners for Additional floors on stilts providing ample Parking and Structural Safety. Amicable Formula for proportional rights / holdings / compensation should be created and easy single window clearance with Tax concessions be given to build a healthy neighbourhood harmony and less load on common and public Infrastructure.

– Conversion Charges collected should be used to build Multi Level Parking lots under colony parks for residential parking in consultation with RWA’s. Existing flat owners should be offered to book parking slots @ the rate of Parking Conversion Charges to finance the project.

5 Comments

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