DELHI DEVELOPMENT AUTHORITY DISPOSAL OF DEVELOPED NAZUL LAND RULES, 1981
(1) These rules may be called the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981.
(2) They shall come into force on the dale of their publication in the Official Gazette.
In these rules, unless the context otherwise requies,
(a) "Act" means the Delhi Development Act, 1957, (61 of 1957);
(b) "Administrator" means the Administrator of the Union Territory of Delhi;
(c) "Authority" means Delhi Development Authority constituted under section 3 of the Act;
(d) "Family", in relation to a person means the individual, the wife or husband, as the case may be, of such individual and their unmarried and minor children
(e) "Industrialist" means an industrialist or manufacturer and includes a person who intends to engage in an industry, of manufacturing process
(f) "Land Allotment Advisory Committee" means the Land Allotment Advisory Committ
Authority may allot Nazul land for public utilities, community facilities, open spaces, parks, playgrounds, residential purposes, industrial and commercial uses and such other purposes as may be specified from time to time by the Central Government by notification.
The Authority may, in conformity with the plans, and subject to the other provisions of these rules, allot Nazul land to individuals, body of persons, public and private institutions, co-operative house building societies, other co-operative societies of individuals, co-operative societies of industrialists and to the departments of the Central Government, State Governments and the Union territories.
The Authority may allot Nazul land to schools, colleges, universities, hospitals, other social or charitable institutions, religious, political, semi-political organisations and local bodies for remunerative, semi-remunerative or unremunerative purposes at the premia and ground rent in force immediately before the coming into force of these rules, or at such rates as the Central Government may determine from time to time.
Subject to the other provisions of these rules the Authority shall allot Nazul land at the predetermined rates in the following cases namely:
(i) to individuals whose land has been acquired for planned development of Delhi after the 1st day of January, 1961 and which forms part of Nazul land: Provided that if an individual is to be allotted a residential plot, the size of such plot may be determined by the Administrator after taking into consideration the area and the value of the land acquired from him and the location and the value of the plot to be allotted;
(ii) to individuals in the low income group or the middle income group, other than specified in clause (i)
(a) who are tenants in a building in any area in respect of which a slum clearance order is made under the Slum Areas Act;
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Where an industrialist who holds an import or manufacturing licence under any law for the time being in force for setting up a new industry and who is not entitled to the allotment of Nazul land on pre-determined rates under clause (v) of rule 6, applies for allotment of Nazul land for the purpose of his licence, and such industrialist may be allotted by the Authority, Nazul land for the purposes on a premium to be fixed by the Chairman, in consultation with the Finance and Accounts Member of the Authority, having regard to the prevailing market price of the land.
Save as otherwise provided in rules 5, 6 and 7, allotment of Nazul land for a residential purpose, an industrial purpose, a commercial purpose or any other purpose shall be made on payment of such premium as may be determined either by auction or by tender in accordance with the provisions of these rules.
Where a person who owns and resides in any building in any area in respect of which a slum clearance order is made under the Slum Areas Act, or whose land is acquired under that Act, applies for allotment of Nazul land for a residential purpose in lieu of his land cleared of building in accordance with the slum clearance order, or acquired under that Act, he may, subject to the minimum size of the plot of Land being 67 square metres, allotted Nazul land for that purpose not exceeding 111.48 square metres without any charge: Provided that such person
(a) belongs to a low income group or middle income group;
(b) accepts the allotment without the compensation payable under the said Act;
(c) does not claim to re-develop the land cleared of such building in accordance with tha slum clearance order
Where an individual who is a tenant in a building in any area in respect of which a slum clearance order is made under the Slum Areas Act, applies for allotment of Nazul land for a residential purpose, he may be allotted a plot of 67 square metres of Nazul land for that purpose on pre-determined rates; Provided that such individual
(a) belongs to a low income group or a middle income group;
(b) has given possession of the building occupied by him to the competent authority under the Slum Areas Act;
(c) does not choose to shift to any house in any slum clearance scheme
(d) does not choose to be replaced in occupation of that building under the Slum Areas Act;
Where an individual who owns in any slum area or any other congested area, a plot of land measuring less than 67 square metres, or a house which is declared to be unfit for human habitation under the provisions of the Slum Areas Act, or any other law, is not permitted to re-build or re-develop under the Slum Areas Act or under any other law, applies for allotment of Nazul land for a residential purpose, he may be allotted a plot of land for that purpose not exceeding 67 square metres at predetermined rates: Provided that he surrenders his land in the slum area or congested locality.
Subject to the availability of land for allotment for resedential purposes, among the individuals referred to in clauses (i) to (ii) of rule 6, the individuals referred to in clause (i) shall be preferred to the individuals referred to in clause (ii) and those in clause (ii) shall be preferred to those in Clause (iii).
(1) The Authority shall, with the previous permission of the Central Government, reserve such percentage of Nazul land available for allotment for residential purposes at any given time, to individuals in the low income group or the middle income group, who are members of the Scheduled Castes and Scheduled Tribes, widows of defence personnel killed in action, ex-servicemen, physically handicapped individuals or such other category of individuals as may be specified in the permission.
(2) Plots measuring not more than 111.48 square metres shall be allotted for residential purposes at pre-determined rates, to the individuals referred to in sub-rule (1), and where the number of such individuals exceeds the number of plots reserved for each category of persons under sub-rule (1), the allotment shall be made by draw of lots under the supervision of the Land Allotment Advisory Committee.
Notwithstanding the reservation of Nazul land made in rule 13, where any such individual as is referred to in that rule, fails to get an allotment of a plot of land in the Nazul land so reserved, by the draw of lots held under that rule, he or she shall be entitled to the allotment of a plot of land for residential purposes at pre-determined rates by draw of lots under clause (iii) of rule 6, in any Nazul land not reserved under the first mentioned rule; Provided that such individual belongs to the low income group or the middle income group.
Where an individual belonging to the low income group or the middle income group does not accept allotment of Nazul land for residential purposes on conditions mentioned in rule 9, 10 or. 11, other than the conditions mentioned in rule 17, he shall be entitled to the allotment of Nazul land at pre-determined rates, for residential purposes
(a) under rule 13, if he is an individual referred to in that rule
(b) under clause (Hi) of rule 6, in any other case.
Subject to the other provisions of these rules, all individuals, including the following categories of individuals, shall be entitled to the allotment of Nazul land for residential purposes, by auction, namely:
(i) individuals not residing in any building owned by them in any slum area in respect cf which a slum clearance order is made under the Slum Areas Act;
(ii) individuals whose land situated in any such area as is refered to in clause (i) is acquired under the Slum Areas Act and who reside elsewhere;
(iii) individuals who do not accept allotment on conditions mentioned in rules 9, 10 and 11 and who are not entitled to allotment under rule 15;
(iv) co-shares of joint ancestral land or buildings in a slum area under the Slum Areas Act whose ind
Notwithstanding anything contained in these rules, no plot of Nazul land shall be allotted for residential purposes, to an individual other than an individual referred to in clause (I) of rule 6, who or whose wife or husband or any of his or her dependent children whether minor or not, or any of his or her dependent parents or dependent minor brothers, or sisters, ordinarily residing with such individual, own in full or in part, on lease-hold or free-hold basis, any residential land or house or who has been allotted on hire purchase basis by residential land or house in the Union Territory of Dehi;
Provided that where, on the date of allotment of Nazul land,
(a) the other land owned by or allotted to such individual is less than 67 square metres, or
(b) the house owned by such individual is
Save as otherwise provided in these rules, the maximum size of a plot allotted to an individual for a residential purpose shall be
(i) 104 square metres in the case of an individual belonging to the low income group
(ii) 167 square metres (but not less than 105 square metres) in the case of ah individual belonging to the middle income group; and
(iii) 500 square metres in any other case.
(1) Save as otherwise provided in clause (v) of rule 6, the number and size of the plots of Nazul land for an individual or commercial purposes shall be determined from time to tome; by the Authority.
(2) In making an allotment of plot for an individual or commercial purposes, the Authority shall be guided by the advice of the Land Allotment Advisory Committee.
(3) The Land Allotment Advisory Committee shall, in making its recommendations to the Authority, take into account such relevant factors as it may deem proper in the circumstances of the case.
(4) Without prejudice to the generality of the provision of sub-rule (3), the Land Allotment Advisory Committee shall consider whether the setting up of the industry or commercial establishment is required to shift from a non-comforming area to a
(1) No allotment of Nazul land to public institution referred to in rule 5 shall be made unless,
(a) according to the, aims and objects of that public institution, (i) it directly subserves the interests of the population of the Union Territory of Delhi; (a) it is generally conducive to the planned development of the Union Territory of Delhi; (iii) it is apparent from the nature of work to be carried out by that public institution, that the same cannot, with equal efficiency, be carried out elsewhere than in that part of Union Territory.
(b) it is a society registered under the Societies Registration Act, 1860 (21 of 1860) or such institution is owned and run by the Government or any local authority, or is constituted or established under any law for the time being in force;
(c) it is of non-
Nazul land of such size, as the Authority may, from time to time, decide with the approval of the Central Government may be allotted on lease-hold basis, at pre-deter-mined rates to such co-operative societies, registered under the Delhi Co-operative Societies Act, 1972, (35 of 1972), as are specified in clause (vi) of rule 6, subject to an undertaking given by such society that it shall use such land for its bona fide purposes or business only.
Where Nazul land is allotted to a co-operative society, such members of the society who are allotted a plot or flat by such society shall execute a sub-lease in favour of the society in respect of each plot or flat allotted to them. The terms and conditions of such sub-lease shall, as nearly as circumstances permit, be in accordance with Form A and Form B appended to these rules. In addition, such sub-lease may contain such covenants, clauses or conditions, not inconsistent with the provisions of Form A and Form B as may be considered necessary and advisable by the society, having regard to the nature of a particular sub-lease.
Save as otherwise provided in rules, 29, 36 and 40, premium or price of plots of Nazul land chargeable in accordance with the provisions of these rules shall be realised in instalments in the following manner, namely:
(a) in the case of residential plots: 25 per cent on allotment; 50 per cent at the time of handing over possession of the plots after roads he been laid and plots demarcated; and 25 per cent at the end of one year from the date of handing over possession of the plot, or on completion of service, whichever is later;
(b) in the case of industrial or commercial plots, including plots to be allotted to the owners and occupiers: 25 per cent on allotment of warehouses; 25 per cent at the time of handing over possession of the plots after roads have been laid and plots demarcated; and 50 per cent at the end of one year from the d
With a view to enabling it to perform its functions under the Act, the Authority may, with the previous permission of the Central Government, set apart such Nazul land for its own use on such terms and conditions as may be specified in the permission.
Subject to the plans, such Nazul land as the Authority may decide, with the previous approval of the Cental Government, may be allotted by auction in the manner provided in this Chapter.
11.DDA v. Lala Amar Nath Educational and Human Society 1990 (3) Delhi Lawyer, 347.
(1) The authority shal publish beforehand in newspapers of different languages having wide circulation, a public notice of not less than thirty days, giving the following details of the plots to be allotted by auction:
(a) number of plots,
(b) size of plots,
(c) area and zone of plots,
(d) time, date and place wherefrom the terms and conditions of auction and other details, including the terms and conditions required to be fulfilled and fees payable for participation in the auction can be had by the intending purchasers;
(e) the time, date and place of action, and
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(1) The auction shall be conducted by an officer appointed by the Vice-Chairman in this behalf.
(2) Such officer shall conduct the auction in the presence and under the supervision of a Committee consisting of not less than two senior officers of Authority, appointed by the Vice-Chairman in this behalf.
The officer conducting the auction shall normally accept, subject to confirmation by the Vice-Chairman, the highest bid offered at the fall of the hammer at the auction and the person whose bid had been accepted shall pay as earnest money, a sum equivalent to 25 per cent of his bid and he shall pay the balance amount to the Authority within fifteen days of acceptance of the bid or within such period as the Vice-Chairman may specify in the public notice under rule 27 or in another public notice.
"Provided that Vice Chairman may extend the last date of payment where he is satisfied that sufficient reason exists for doing so, upto a maximum of 180 days subject to payment of interest on the balance amount of the rate of 18% per annum where tht delay is thrity days or less and 25% per annum for a period exceeding 30 days."
The officer conducting the auction may, for reasons to be recorded in writing and submitted to the Vice-Chairman, reject any bid including the highest bid.
No person whose bid has been accepted by the officer conducting the auction shall be entitled to withdraw his bid.
A person who fails to pay the balance amount of the bid within the period provided in rule 29 shall forfeit the earnest money and it shall be competent for the Vice-Chairman to re-auction the plot.
Subject to plans, such Nazul land as the Authority may with the approval of the Central Government, decide from time to time, shall be allotted by tender in the manner provided in this Chapter.
The Authority shall publish beforehand in newspapers of different languages having wide circulation, a public notice of not less than thirty days giving the following details of the plots to be allotted by tender:
(a) number of plots,
(b) size of the plots,
(c) area and zone of the plots,
(d) time, date and place wherefrom the terms and conditions of the tender and other details including the terms and conditions required to be fulfilled and the fees payable for participation in the tender, by the intending tenders,
(e) the time, date and place for receipt of tenders, including the last date for receipt thereof,
(f) the time, date and place or opening a tender
The Vice-Chairman shall nominate an officer of the Authority for receiving tenders (hereinafter in these rules referred to as the Accepting Officer) and notify his name and designation.
Each tenderer shall deposit as earnest money a sum equivalent to twenty-five per cent of the premium offered by him along with his tender.
(1) All tenders shall be sealed and addressed to the Authority and shall be received by the Accepting Officer who, on receipt of the tender, shall issue a reciept in token thereof to the person, submitting the tender and enter the name and address of tenderer in a register.
(2) All the tenders received within the time limit specified for acceptance of tenders in the notice under rule 34 shall be submitted by the Accepting Officer to the Authority.
The Accepting Officer shall cause the tenders to be opened on the date, place and time specified in this behalf in the notice under rule 34 in the presence of tenderers or their authorised representatives who choose to be present at such place.
The Accepting Officer shall, subject to confirmation by the Vice-Chairman, normally accept the highest tender subject to reserve price, if any, specified for any plot by the Authority;
Provided that the Accepting Officer may, for reasons to be recorded in writing and submitted to the Vice Chairman, reject any tender, including the highest tender.
The Vice-Chairman or an officer nominated by him shall, within fifteen days of opening of tenders, communicate to the tenderer whose tender has been accepted, calling upon him to remit balance amount within such time as the Vice-Chairman or the Accepting Officer may specify.
The Vice-Chairman, or the Accepting Officer shall, within fifteen days of the date of opening of the tenderers, communicate to all other tenderers, non-acceptance of their tenders and return the earnest money received from them.
(1) Save as otherwise provided in rule 44, all Nazul land allotted under these rules, whether at predetermined rates or at fixed premium under rule 7, or by auction or by tender, shall be held by the allottee as lessee of the President of India on the terms and conditions prescribed by these rules and contained in the lease deed to be executed by the allottee.
(2) Every such allottee shall be liable to pay, in addition to the premium payable in accordance with these rules, ground rent for holding the Nazul land allotted to him under these rules, at the rate of rupee one per annum per plot, for the first five years from the date of allotment:
Provided that in the case of Nazul land allotted to group housing co-operative societies, the ground rent shall be charged at the rate of rupee one per flat for the first five years from the date of
Every allottee of Nazul land shall execute a lease-deed in accordance with Form C appended to these rules. In addition, a lease-deed may contain such other covenants, clauses or conditions not inconsistent with the provisions of Form C as may be considered necessary in the circumstances of each case.
The Authority may, subject to these rules and in such cases as it deem fit, allot land for temporary periods on a licence basis, in accordance with the terms and conditions of the licence-deed contained in Form D appended to these rules. In addition, such licence-deed may contain such other covenants, clauses or conditions, not inconsistent with the provisions of Form D, as may be considered advisable and necessary by the Authority, in the circumstances of a case.
"[The Directions of the Central Government to be supplementary to rules.
(1) The directions given, from time to time, by the Central Government under subsection (3) of section 22 of the Act, shall be supplementary to, but not in derogation of the provisions of these rules, for dealing with the Nazul Land]"
(2) In particular and without prejudice to the generality of the foregoing provisions, such directions may be given
(a) for removing any doubt or dispute or difficulty arising in giving effect to the provisions of these rules, or
(b) for dispensing with, or relaxing the requirement of any rule to such extent and subject to such exceptions and conditions as may be specified in the direction, in any particular case where the Central Government, fo
FORM
(House Building Co-operative Societies)
(Group Housing Societies)
DELHI ADMINISTRATION
(Land and Building Development)
(See Rule 23)
FORM 1
(House Building Co-operative Societies)
(Group Housing Societies)
DELHI ADMINISTRATION
(Land and Building Development)
(See Rule 23)
PERPETUAL LEASE
THIS INDENTURE made on this.........day of.........one th
FORM
DELHI ADMINISTRATION
(Land and Building Development)
(See Rule 23)
FORM 2
DELHI ADMINISTRATION
(Land and Building Development)
(See Rule 23)
PERPETUAL LEASE
This Indenture made this.............................day of.........one thousand nine hundred
and.....................BETWEEN THE PRESIDENT OF INDIA (hereinafter called "the
Lessor" through the Delhi Development Authority, a body constituted under Section 3 of the Delhi Developm
FORM
(See Rule 43)
DELHI ADMINISTRATION
(LAND AND BUILDING DEPARTMENT)
FORM 3
(See Rule 43)
DELHI ADMINISTRATION
(LAND AND BUILDING DEPARTMENT)
PERPETUAL LEASE
The identure made this.................day of..............one thousand nine hundred and
...............Between the President of India (hereinafter called "the Lessor")
of the one part and Shri/Shrimati, M/s....................................................
&
FORM
(See Rule 44)
FORM 4
(See Rule 44)
LICENCE DEED
This assignment made on this day of at Delhi between the President of India (hereinafter called the Licensor) which expression shall unless the context requires a different or another meaning, include its successors and assigns through DDA, a body constituted under Section 3 of the Delhi Development Act, 1957 (No. 61 of 1957) and Shri.............................. s/o..............................Shri..............................r/o (hereinafter
called the licencee)-
Whereas the licensor is willing to grant the licensee a licence for use of land bearing No......
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