Pro­vi­sions of the Delhi Apart­ment Own­er­ship Act are likely to make DDA’s land pool­ing pol­icy unattrac­tive to de­vel­op­ers

HT Estates - - NEWS - Jee­van Prakash Sharma

(To­tal built-up area) (To­tal area) ‘A’ hands over this land to DDA which re­turns

acres to ‘A’ based on the ba­sic norms of the pol­icy

So the FAR that ‘A’ ac­tu­ally gets is only

This is one is­sue which needs the ur­gent at­ten­tion of all stake­hold­ers in the land pool­ing scheme – be they Delhi De­vel­op­ment Au­thor­ity (DDA), de­vel­op­ers, prospec­tive home­buy­ers or in­vestors.

De­spite lay­ing down norms for land use dis­tri­bu­tion and de­vel­op­ment, DDA’s l and pool­ing pol­icy, no­ti­fied on Septem­ber 5, 2013, does not seem to take into ac­count pro­vi­sions of the Delhi Apart­ment Own­er­ship Act, 1986. This is ob­vi­ous from the ba­sic pro­vi­sions of the scheme, es­pe­cially for floor area ra­tio (FAR - saleable built-up area), which looks very at­trac­tive on pa­per but has no clar­ity on a num­ber of is­sues which can come in the way of the pol­icy’s im­ple­men­ta­tion.

Ac­cord­ing to DDA, de­vel­op­ers will get a FAR of 4 in zones de­mar­cated for land pool­ing, but go­ing by cal­cu­la­tions and the Apart­ment Own­er­ship Act

So the to­tal built-up area for ‘A’ equals

– what will fi­nally come to them is just 1 to 1.3 FAR, which is much less than what DDA is claim­ing to of­fer.

While fix­ing FAR for the land pool­ing pol­icy, DDA had made it at­trac­tive for the builders by in­clud­ing com­mu­nity and com­mer­cial fa­cil­i­ties in the area ( part of FAR) they would be de­vel­op­ing and sell­ing. How­ever, ac­cord­ing to the Delhi Apart­ment Own­er­ship Act, 1986, the com­mu­nity and com­mer­cial fa­cil­i­ties have to be handed over by the builders to the res­i­dents’ wel­fare as­so­ci­a­tion af­ter the project is

com­pleted and can­not be sold.

Sec­tion 3(J) of the Act, which de­fines “com­mon ar­eas and fa­cil­i­ties” in a multi- storey build­ing makes it clear that park­ing ar­eas, shop­ping cen­tres, schools and stor­age spa­ces are part of com­mon ar­eas and fa­cil­i­ties. In­ter­est­ingly, Sec­tion 3 (j) (vii) also de­fines com­mon ar­eas and fa­cil­i­ties as “such other com­mu­nity and com­mer­cial fa­cil­i­ties as may be pre­scribed.”

This 3 ( j ) ( vii) has been fur­ther elab­o­rated in Sec­tion 3 of The Delhi Apart­ment Own­er­ship Rules, 1987, which states that “The other com­mon ar­eas and fa­cil­i­ties in terms of sub clause (vii) of clause (j) of Sec­tion 3 shall be such ar­eas and fa­cil­i­ties which are pro­vided on the land ear­marked for apart­ments…” This means that all other fa­cil­i­ties that be­come a part of com­mon area are: “(i) Chil­dren’s play­ing ar­eas, swim­ming pools, ten­nis courts, badminton courts, ar­eas pro­vid­ing for other sports fa­cil­i­ties; ( ii) com­mu­nity halls for use of apart­ment owners for mar­riages or other so­cial func­tions; (iii) ar­eas avail­able for com­mon use of the apart­ment owners, form­ing part of the sanc­tioned plan, un­der the bye-laws of


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