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.
– 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.
– 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.
You have described MCD guidelines for floor wise sanction very well.
But need little more clarification on UTILISATION of stilt Parking space.
Say out of 4 floor Owners (1st,2nd,3rd & 4th).. 3 floor owners wants to utilise the stilt space
by building Servant Rooms & gave N.O.C Certificate for the same.Is their any provision the construction can be done without obtaining NOC from one floor owner as he is the dissenting one & the equal share in space will be left for him.
kindly Enlighten on the same.
mohitgoyal2102@gmail.com
It is not that without the floor right, construction is not going on. But in this case the builders are bribing Govt. officials and the said money is not going to right place i.e., the Govt. treasury. If 80% of the people living in Delhi are floor wise owners then why not to think for their benefit. It seems that the above mentioned MCD officials and Corporators themselves are not willing to make it a law. Even if you start repairing your floor, a beat constable and an agent of MCD-JE will be seen on your door step. As you know that, your neighbour will not allow you to make these constructions, one has to pay to all of them. This scheme of floorwise construction right was initiated last year but could not be implemented. In the mean time there is enhanced revision in water bills, electricity bills, house tax, parking charges etc., but what is in interest of public is still a big ?. Now it is the time for the L.G. to intervene.
Nirlaya,
I have note seen the draft of the floorwise sanction guidelines, but u are absolutely right that before sanction/regularisation of top floor MCD must ensure that other floor owner in the building must get all basic facilities like electricty, water etc.
Water tank must be on the top floor roof for other building floor owner and the top floor owner should not be remove the water tank on the roof top for their own benefit.
THIS IS VERY IMPORTANT AND U HAVE HIGHLIGHTED.
THANKS.
Before sanction/regularisation, MCD must see and provide all basic amenties like water , electricity etc. because we have seen that roof right owners construct the floor without providing
water taken. Sometimes they forcibly removed the water tank from the roof and construct the floor. U can see many cases still pending in the court .
U must also see the original saction plan and see the water tank placement etc.
You have given good description of the MCD guidelines for the floor wise sanction and NOC.I would like to point out and add that during the plotted development by builders in Delhi, there are many instances where they sold the floors/apartements keeping the terrace rights to themselves.At the time of these sales the prevailing law did not provide 3rd floor but the MPD2021 provides 3rd floor.MPD2021 also provides increase in FAR and change in setbacks.This would enable G,F,S floors to increase the floor size as per the ratio of the ownership of land.In case the ownership is defined as proportional then it becomes 25% each for G,F,S,T floors.It tells us that the increase in FAR would be divided in 4 equal parts in this case.
Note that it is MPD2021 only which gives rights to build 3rd floor and to each floor owners to increase the floor size as per the new FAR.
This issue can create further problems and my suggestion is that the new law should be applied to new constructions only or where the plot is having one owner or in similar position.In case the increase in FAR is not distributed as per the ownership then it would be in-justice to the existing owners of the building floors and lead to legal issues.In such situation NOC is also necessary.