regularization harijan basti

7/29/2019 Regularization Harijan Basti

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Regularization Process::A Case study of Inderpuri Harijan Basti, Karkardooma 1

Studio 3rd Semester, M. Ekistics Jamia Millia Islamia, New Delhi

Regularization Process::A

Case study of Inderpuri

Harijan Basti, Karkardooma

Feroz A. Faruqi

M. Ekistics 3rd

Sem

Jamia Millia Islamia

Background

Delhi is marred by the problem of unauthorized colonies over

several years. Over 70% of the area of NCTD is occupied by

unauthorized colonies, villages and Slums. Infrastructure (social

and physical) is too much stretched up to serve the risingpopulation. Patches of these colonies disrupt the urban pattern of

the city by introducing incongruous sectors of large population

density. At the same time, it thwarts the planning process by

lending complicated, fluctuating and often incomputable

demographics for the planners to figure out.

On one hand, advocates decry the government for promoting

interests of such unauthorized settlements and declare them

illegal; while on the other some profess its legitimacy pivoting it to

citizens rights and demand regularization. This has ledgovernment into a quagmire situation where it has now begun to

feed on the situation to gain a political corner.

To name few general catalysts which promote these

developments, one can easily start with high migration leading to

more demand & low supply; Affordability i.e. low rents & low land

value; proximity to workplace and infrastructure that city core

provides; ghettoization; social seclusion. If we look at the nuances

we will infer that large land zones without adequate supporting

housing, new urban corridors with inept transport facilities foreconomically weaker sections give rise to such make shift places

which eventually convert into expansive and dense colonies.

Unauthorized colonies as the name suggest are an infringement of

law thus illegal and come up initially as a make-shift colony for

economically weaker aspirants who come to cities for new and

paying prospects. These settlements are generally spawned by the

help of land mafia or a political group and later proliferate under

the aegis of citizens rights. Their conditions, with accruing

densities, deteriorate over time and calls for governmentintervention and support.

In the last 5 decades many planning policies/decisions were

formulated and taken from time to time. They were- unauthorized

colonies have being regularized twice in Delhi:

1. 1961 when around 100 colonies were regularized


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2. 1977 when around 600 colonies where regularized.

Classification in terms of Land Use/Ownership:

Colonies on government land

oResidents whose property falls on governmentland will have to pay the price of the plot.

The Delhi government will collect the money on

behalf of the land-owning agency.

Colonies on private land

oColonies on private land will not be required to

pay the land price but they have to

pay developmental charges to the civic agency

concerned. The charges will vary according to

the facilities present or absent.

DDA to change land use

oThe DDA will have to change the land use of areas

where these colonies have come up. Though

the prescribed procedure takes more than a

year, officials said it would not come in the way

of regularization.

Regularization

Objectives of Regularization:

Unauthorized colonies, which are to be regularised as per

government policy, should be effectively incorporated in the

mainstream of urban development. This requires provision of

infrastructure development, services and facilities for which

differential norms and procedures have been devised.

Unauthorised / Regularised Unauthorised Colonies

Unauthorised colonies in Delhi pose a serious human problem as a

huge population is living in these colonies. The issue of existing

unauthorized colonies has engaged attention since the mid-

seventies when a policy for regularization was formulated. 567 out

of 607 listed unauthorized colonies were regularised till October


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1993, but many more unauthorized colonies have come up since

then. Such colonies are to be identified by the Govt. of NCTD.

The present method of regularization of unauthorized colonies is

by the provision of basic infrastructure to improve the

environment. However, regularization has not really brought inany tangible improvement. Effectively, the process has only led to

tenure rights on the land and access to services.

In all unauthorised colonies whether on private or public land,

regularization should be done as per the government orders

issued from time to time. It must be ensured that for

improvement of physical and social infrastructure, the minimum

necessary / feasible level of services and community facilities are

provided wherever necessary.

Physical & Social Infrastructure will include

Physical: Plans for provision of services shall be prepared

by the concerned local bodies.

Social: For provision of social facilities, reduced space

standards shall be adopted. Depending on the

availability of land, facilities like community hall,

dispensary etc. can be grouped together.

oPrimary School 800 sq.m. per 5000 population

oSr. Secondary School 2000 sq.m per 10000

populations. The above norms can be further

relaxed for existing recognised schools on the

basis of minimum norms prescribed by the

Education Department, GNCTD / Central Board

of Secondary Education.

oThe following facilities can be clubbed in a

composite facility centre (500-1000 sqm.)

Multi-purpose community hall - 100 sqm.

Basti Vikas Kendra - 100 sqm.

Religious site - 100 sqm.

Police Post - 100 sqm.

Health Centre - 100 sqm.

Park/Shishu Vatika - 200 sqm.


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Area for essential retail outlets e.g., Milk

Booth, Fair Price Shop, Kerosene shop,

etc. may be provided.

Provisions for informal trade units and

weekly market to be made, wherever

necessary.

The layout plan would clearly show

Base map/survey.

Boundary.

Plot sizes.

Build up/vacant.

Provisions required for infrastructure.

Services/community facilities.

The requirement of infrastructure services/community

facilities shall be assessed with the local body/DDA.

The residents society shall then development works

of services as per the approved services plan of the

colony.

The local bodies and authority would approve the layout plans in

their areas of jurisdiction.

The boundaries of the site and of contiguous

land with ownership status.

The position of the site in relation to

neighboring area/roads.

The name of the streets in which the plots are

proposed/existing.

All existing building standing on, over or under

the site.

The means of access/roads, street and their

width.

The direction of north point relative to the

plan of the buildings.

Any existing physical features, such as wells,drains, trees, etc.

The use and area of the plots and the breakup

of land uses with the calculation for

percentage.


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Service plan

Such other particular signatory of residents

society, architect/town planner and services

engineer shall authenticate the plan.

A key plan drawn to a scale of not less than

1:10,000 shall be submitted along with the

layout plan, showing boundary, location of the

site with respect of neighborhood landmarks.

The layout plan of water supply, sewage

disposal system and other services need to be

made available at the scale of 1:1000 or

larger.

Check list

1. Land use: As per Master Plan

As per Zonal Plan

2. Whether falls in Reserved Forests or Regional Park Yes/No

3. Whether the Colony effects/falls over

Master Plan Road alignment

Railway Line

Metro Corridor

Water Supply/sewerage lines/Utilities

Works

4. Any Monuments/Heritage Buildings in the Colony or in the

vicinity?

5. Key Plan/Site Plan of unauthorized Colony and Description of

boundaries (Please attach scaled Key Plan/Plan of Colony

Superimposed on Zonal Plan/City Survey Map Indicating North

Point, surrounding features, Adjacent roads, buildings, drains,

electricity, lines Etc.)

6. NOC as mentioned at para IV

7. Undertaking/Indemnity Bond

8. Status of Services Nos./Area/ Width/Length Stage of

Development

Roads

Water Supply

Hand pumps

Tube wells

Underground Water Tank

Street Light

ESS/Transformers/Generators

Drains


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Sewerage/Sanitation

Fire-fighting installations

9. Status of Facilities Nos./Area/ Width/Length Stage of

Development

Parks/Transport lots/Common

Open space Schools

Community Hall

Common parking areas

Dispensary/Health Centre

Religious structures

Police Post/Fire Post

LITERATURE STUDY

Despite its initial stated good intention to integrate people with

low incomes into the urban fabric [DDA 1957, 1962], the public

policy of urban planning and housing implemented by the Delhi

Development Authorities (DDA) failed to meet the demand of the

poorest section of the population. Thus, the latter resorted to

informal habitat, and had no option but to occupy vacant lands,

essentially public land, where they self-constructed makeshift

housing or JJs. We have analyzed elsewhere the discrepancy

between the declared social objective of the initial DDA policy and

its achievements as well as the reasons for this. To emphasize thispoint, it suffices to mention the startling findings of a study

commissioned in 2003 by the DDA to the association of urban

management and development authorities in order to assess its

track record.

For low-income housing, the DDA was to develop 27,487 hectares

of land in the 20-year period of the first master plan. Of this, only

15,540 were acquired. Similarly, in 1962, the total existing urban

residential land was 4,694 hectares. The plan proposed to add

another 14,479 hectares by 1981. But the land actually developedwas only 7,316 hectares. Roughly half the projected residential

land was not developed. It is therefore not surprising to observe a

continuous increase of the population of the JJ clusters or

squatter settlements from the 1950s till the 1990s. In 1998, the

population living in squatter settlements was estimated at around

three million people, scattered in around 1,100 clusters of varied


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sizes throughout the urban area, and accounting for about 27 per

cent of the total urban population as against 5 per cent in 1951

and 18 per cent in 1991 but occupying only less than 6 per cent

of the city land. All these figures underline the inadequacy of the

various slum clearance programmes implemented since the 1950s

as well as the inability of the DDA to provide affordable housingfor the poor.

According to 2001 Census, Delhis population is 1.378 crores. At

present, three fourths of this population lives in; sub-standard

areas, which have features similar to slums, include 14.0 lakh

people living in unauthorized colonies. About 13.0 lakh in Jhuggi-

Jhompri clusters, about 12.0 lakh in Resettlement colonies, 1.5

lakh in urban villages, and about 5 lakh in rural areas. The growth

of slums within Delhi is another challenge. In 1951, there were just

12 thousand slum households and today the figure has reached 59lakh households. This is in addition to the programme under which

during the last thirty years 2.14 lakh households have been

resettled in 46 Resettlement Colonies. Migration is adding more

than three lakh people every year to Delhis population. The

majority of these new migrants settle down in slums and

resettlement colonies. This type of upsurge in population exerts a

tremendous pressure on the citys infrastructure and urban

utilities like water, roads, electricity, etc. In addition, the shelter

problems, insanitary conditions and high pollution are adding to

the problems of inhabitants. Inadequate health, education andrecreation facilities are also complicating the urban life in the

capital city of India. For the purpose of Census of India 2001, slum

areas broadly constitute:

All specified areas notified as slums by state/local

governments and Union Territory administrations under

any Act.

All areas recognized as slums by the state/local

governments and Union Territory administrations which

may not have been formally notified as slum under any

Act.

A compact area with a population of at least 300 or about

60-70 households of poorly built congested tenements in

unhygienic environment usually with inadequate


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infrastructure and lacking in proper sanitation and

drinking water facilities.

The slum areas are those that are notified under the Slum

Improvement and Clearance Areas Act of 1956. Buildings and/or

areas that are considered to be unfit for human habitation may bedeclared as slum areas under section 3 of the Act. As such they are

considered to be legal structures and are eligible for benefits

under the Act. The squatter or JJ cluster settlements on the other

hand are considered as encroachments on public and private

lands. They are therefore seen as illegal settlements.


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Policies in Place

While evaluating the policies affecting housing for slum dwellers

we take a top-down approach by first giving a brief overview of

the National Housing Policy 2007 and then getting an insight into

special schemes laid out for Delhis slums by various authorities.

a. National Urban Housing and Habitat Policy 2007

The National Urban Housing and Habitat Policy 2007 states its goal

as affordable housing for all in the country. It promotes various

types of public-private partnerships and pays special emphasis on

the urban poor intending to promote sustainable development of

housing in the country, with a view to ensuring equitable supply of

land, shelter and services at affordable prices to all sections of

society. The policy focuses on multiple stakeholdersthe private

sector, the cooperative sector, the industrial sector for labour

housing and the services and institutional sector for employee

housing.

To attain the overarching goal of affordable housing for all,

emphasis is laid on urban planning, increasing supply of land, use

of spatial incentives like additional floor area ratio (FAR),

transferable development rights, increased flow of funds, effective

solid waste management and use of renewal sources of energy.

Encouraging integrated townships and Special Economic Zones

(SEZs), the policy calls for reservation of 10-15% land in every new

public and private housing project or 20-25% FAR (whichever is

greater) for Economically Weaker Sections (EWS), and Low Income

Group housing through appropriate spatial incentives.

The private sector would be permitted assembling land within the

purview of master plans. The policy also sets action plans for

urban slum dwellers with a special package being prepared for

cooperative housing, labour housing and employee housing. The

primary choice would be to give provision of shelter to urban poor

at their present location or near their work place. The approach

taken will be in situ slum rehabilitation; relocation will be

considered only in specific cases.

The policy would also promote micro-finance institutions at state

level to expedite flow of finances to the urban poor. The current


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budget allocates Rs. 3973 crore for the different projects

addressing the needs of housing for the urban poor.

The role of housing and provision of basic services to the urban

poor has been integrated into the objectives of the Jawaharlal

Nehru National Urban Renewal Mission (JNNURM).

b. Basic Services to the Urban Poor, JNNURM

The Sub-Mission II of the JNNURM involves Basic Services to the

Urban Poor (BSUP) including the integrated housing and slum

development programme. The objectives of the Mission are

outlined as:

i. Focused attention to integrated

development of basic services to the

urban poor in the cities covered underthe Mission.

ii. Provision of basic services to urban poor

including security of tenure at

affordable prices, improved housing,

water supply, sanitation and ensuring

delivery through convergence of other

already existing universal services of

the government for education, health

and social security. Care will be taken

to see that the urban poor are

provided housing near their place of

occupation.

iii. Secure effective linkages between asset

creation and asset management so

that basic services to the urban poor

created in cities are not only

maintained efficiently but also

become self-sustaining over time.

iv. Ensure adequate investment of funds to

fulfill deficiencies in the basic services

to the urban poor.

v. Scale up delivery of civic amenities and

provision of utilities with emphasis on

universal access to urban poor.


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The Delhi Master Plan 2021 has laid emphasis on improvement

of the living conditions of 45% of Delhites living in slums and JJ

clusters in the next ten years as part of the improvement in the

livability of the city for its inhabitants, for which the overall

JNNURM budget which was Rs. 11, 842 crore, is increased by 87%

this year.

c. Three-Pronged Approach in Delhi

The urban poor live predominantly in squatter settlements which

rank among the worst in sub-standard slums. The programme of

squatter clearance was discontinued at the end of the Sixth Plan

(from 1985). Accordingly, no major settlement programme was

carried out until 1992 when a Revised Resettlement Policy was

formulated by the DDA. This did not mean that there were no

resettlement works in progress. The general policy adopted by the

government since then is two-fold: firstly, no fresh encroachments

shall be permitted on public land; and secondly, past

encroachments (those in existence till 30 January 1990) would not

be removed without providing alternatives.

Squatter settlements are found throughout the city and especially

on vacant land along railway lines, roads, drains, river

embankments and around resettlement colonies. The strategy of

the government towards slums/squatter settlements has been

mainly of clearance. In recent years, however, there have been

some changes in the attitude and strategies. The three strategiesused in Delhi since 1991 are as follows:

Improvement of slum environment

Relocation of slums

In situ upgradation and rehabilitation

d. Draft National Slum Policy 2001

Another more specific policy namely the draft National Slum

Policy is yet to be ratified by the Government. The Draft NationalSlum Policy envisages cities without slums. The policy adopts an

approach of in situ upgradation and improvement towards

fulfillment of this vision. It recommends clearance only in

exceptional circumstances. It therefore talks of urban growth with

equity and justice and makes a plea for greater participation of

communities and civil society in all areas of planning, capacity-


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building and development. Correspondingly, it proposes a series of

interventions with regards to definitions, tenure, planning,

economic empowerment, governance and management, and

shelter upgradation. The draft policy is however silent over the

ways in which its goals could be realized. Furthermore, the

definition of all under-served serviced lands as slums will hinderand deny the most needy and vulnerable from having access to

resources for upgradation and improvement.

Unauthorised Colonies and Harijan Bastis

The unauthorized colonies are the residential pockets, which have

come up generally on private land in an unplanned manner in

violation of the Master Plan and Zonal Plan regulations. The

harijan bastis are those unauthorized colonies, which are

inhabited by the low caste families. The buildings in these colonies

are concrete structures which have been constructed without

approved plans and therefore the planning norms of land use

restrictions and building norms of height and front and rear

setbacks have not been followed. Besides road networks, drainage

and sewage system, parks, playgrounds, community centers and

other common facilities have not been developed in such colonies.

The approach of Government towards such colonies has been ad

hoc. Over the years a large number of such colonies have been

regularized, usually on political compulsions, on consideration of

betterment levy for redevelopment of such colonies, but either

the rate of such charges or the recovery of the same have been far

too inadequate to actually implement such redevelopment plans

which have lagged far behind the pace of growth, making most of

such colonies only marginally better than many slum

resettlements.


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PHYSICAL PROFILING:

Area: 5670 sqm

Reference number 857, INDRAPURI (HARIJAN BASTI),

KARKARDOOMA is an unauthorized colony located in east Delhi

under Zone E of Master Plan 2021. It is situated near Anand vihar

surrounded with Jagriti Enclave in North, Saini Enclave in West and

Karkardooma metro station in South. It has an area of which

comes under the neighborhood of 00800DMC Vishwas Nagar and

was established in 1960. Plot sized include 100 to 200 yards plots

which are sometimes further divided to accommodate more

people. Infrastructural facilities that support this colony are a

Mandir, nearby dispensaries available within 500 meters distance.

Schools are far from the site. Physical services and facilities include

sewer, water pipe line which are laid recently. Road Hierarchy isnot conducive to development and width varies from 1.5 & 2.5 M

inner roads to 6 M outer roads. Services that the site is equipped

with are primary-non-functional-schools area, vacant plots

earmarked for development of social/physical infrastructure.

Physical pattern that was observed on site were, iron grid;

introvert location; proper entry; courtyard. Nearby networking

hubs are Karkardooma metro station and Anand vihar bus

terminal provides connectivity to the city.

SOCIO-ECONOMIC PROFILING

Demography:

Its tentative census is 90-100 DU with fluctuating rental

population. Major residents are harijans by cast and their

occupations primarily involve 4th grade government and private

jobs. The major residing ethnicities are Hindus. Yearly celebrations

include marriages and festivals and are generally arranged under

tents in open spaces lying in the area. Literacy rates are high. Class

segregation is not present, all are harijans. Social patterns

observed are cohesive and introvert in nature. Income profile &Land prices are relatively low with respect to neighboring areas.

Income by rents with rents varying from Rs 1000 to Rs 1500.

Dwelling houses are Single/Double & three storied. Garbage

collection is self-financed.


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Reconnaissance Conditions

The conditions are conducive for development. RWA is willing

and active to improve the conditions in their colony. They have

been cooperative with the public officials and have got sanctions

for community hall/chaupal among other facilities. Presently theyuse the Temple as chaupal. Villagers are cooperative and are

willing to abide by compensatory measures which can be avoided

or mitigated under the pretext of land availability and proper plot

arrangement in grid iron pattern. The area is not too dense or

cluttered for development. Already, only recently sewer and water

pipeline has been installed but is malfunctioning and needs proper

maintenance. Differential norms can be reasonable applied to this

area. Vacant plots and areas are available which can be used to

improve social/physical conditions of the site. The objective of

regularization-effectively incorporated in the mainstream of urbandevelopment- can be fulfilled by the exercise in a

productive manner for both tangible and intangible sense of

human development.

REGULARIZATION

It is unauthorized by the fact that it was developed on private-

farmland-and bought from Mr. Kishan lal (the owner of farmland)

by the residents. Over the years generations divided it into smaller

plots sizes or multi storied houses.


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REFERENCES

1. Ali Sabir, Environmental Scenario of Delhi Slums, Delhi, 1998

2. Ali Sabir, Slums Within Slums, Delhi,

3. Ali Sabir and Singh S. N., Major Problems of Delhi Slums, New

Delhi, 1998.

4. Birdi H.D, Slum law and Urbanisation, Delhi. 1995.

5. Chatterjee Tathagata, City Blights The Irrelevance of Master

Plans, Times of India, December 16, 2000.

6. Delhi Development Authority, Report of the Sub-Group on

Population Projections and Demographic Profile for Preparation of

Master Plan for Delhi 2021, New Delhi, 2000.

7. Delhi Development Authority, Master Plan for Delhi Perspective

2001, New Delhi, 1990.

8. Delhi Janbadi Adhikar Manch, Aftermath of Supreme Court

Order Workers Hounded out of the city, Economic and Political

Weekly, August 16, 1997.

9. National Capital Region Planning Board, Delhi 1999 A Fact

Sheet, New Delhi, 1999.

10. National Sample Survey Organisation, Non-Agricultural

Enterprises in the Informal Sector in India, 1999-2000, (NSS 55th

Round), New Delhi, 2000.

11. Navalakha Gautam, Urban Pollution: Driving Workers to

Desperation, Economic and Political Weekly, December 16, 2000.

12. Rao V.K.R.V., and Desai P.B., Greater Delhi, New Delhi, 1965.

13. Adve, Nagraj (2004): No Space for Delhi Poor, India Resource

Centre, July 13,http://www.indiaresource.org/issues/globalisation/2004/nospacef

ordelhipoor Html.

14. Bartone, C, J Bernstein, J Leitman and J Eigen (1994): Towards

Environmental Strategies for Cities, Policy Considerations for

Urban Environment Management in Developing Countries, UMP

Paper No 18, World Bank, Washington DC.


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di d ki i i illi l i lhi

15. Batra, L and D Mehra (2006): The Demolition ofSlums and the

Production of Neoliberal Space in Delhi, revised version of a paper

presented to the conference Tackling Exclusion: Shelter, Basic

Services and Citizens Rights in Globalising Megacities of Asia, June

1-3, 2006, Delhi.

16. Dr. Sabir Ali / ITPI Journal 1 : 2 (2004) 68-72

17. Sabir Ali, (1991), Slums Within Slums, New Delhi, Vikas

Publishing House.

18. Sabir Ali, (1996) Evaluation of Environmental Schemes with

particular references to Low Cost Sanitation Programme in Slums

and Resettlement Colonies of Delhi, Council for Social

Development (Mimeograph).

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