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While the Master Plan Delhi 2021 allows for third-floor expansion, its legality is dependent on the Supreme Court's final hearing due in March

here are various aspects to the construction of third floors Tin residential colonies, as provided by the Master Plan for Delhi 2021 (MPD 2021) in 2007. One of these is that the Supreme Court intervened and permitted vertical expansion only with riders.

Another one is that the MPD 2021 neglects the effect of the imminent third floor taking its toll on the everexpanding National Capital Territory of Delhi (NCT).

The MPD 2021 was notified by the Ministry of Urban Development, Government of India (MoUD) on the February 7, 2007. Consequently amendments were made from time to time. A master plan or the MPD 2021 is a blue print that provides guidance for the future extent and development of a city. Typically, master plans are reviewed every five years and it is reported that the MoUD is currently in the process of reviewing MPD 2021.

The story of the planned development in the NCT began in 1962, when its first master plan was formulated i.e. MPD 62, in line with the provisions of the Delhi Development Act, 1957.

Under this act and to promote the planned development of Delhi, the Delhi Development Authority (DDA) was constituted.

In 1982, the MPD 62 was revised to formulate the master plan 2001 and then revised once again in 2007 to formulate the MPD 2021.

One of the key developments proposed in MPD 2021 was the extension of the vertical limit for residential plots to 15 metres effectively permitting owners to construct third floors on top of existing premises.
However, blueprints specifying the future of urban development have often run into technical and practical problems.

Within a year, in its order dated March 14, 2008, the Supreme Court permitted owners to construct third floors subject to furnishing an undertaking to the relevant authorities (NDMC, DDA etc). The undertaking should state that, if the Supreme Court rules in the ongoing case (MC Mehta vs Union of India) that MPD 2021 is not in accordance with applicable laws, no equitable rights will be claimed by the owners in relation to construction of third floors in residential colonies. Further, transferees are also not entitled to any equitable rights. The matter is scheduled to come up for final hearing later in March this year.
However, some owners have already expanded their residential spaces in the hope that the Supreme Court will pass a favourable order and regularise their third floor constructions.

These owners run the risk of their vertical expansions being deemed illegal if the Supreme Court returns with an adverse verdict.

While vertical expansion contemplated under the MPD 2021 may provide for the development of the overall size and pattern of an urban settlement, it doesn't seem to have accounted for other critical factors including physical infrastructure (roads, electricity, water etc), transport, environment and other institutional facilities. One of the terms for expansion of residential plots under the MPD 2021 provides that `additional number of dwelling units would be subject to payment of levy for augmentation of civic infrastructure'. It could be argued that the infrastructure should have been developed before the permission to construct the third floors. The organic growth of residential colonies have already stretched our resources and therefore the `planned development' of high rises may result in the non-alignment of urban planning with availability of resources, resulting in higher costs to communities on the whole.

A master plan needs to orchestrate the development of physical and sustainable infrastructure to ensure that sustainable communities are delivered. Ayn Rand has said `a building has integrity just like a man and just as seldom'.

The author is a lawyer and urban planner with Trilegal, a legal firm based in India The planned vision The story of planned development in the NCT began in 1962, when its first master plan was formulated ie MPD 62, in line with the provisions of the Delhi Development Act, 1957 In 1982, the MPD 62 was revised to formulate the Master Plan 2001 and then revised once again in 2007 to formulate the MPD 2021 The issues at hand One of the key developments proposed in MPD 2021 was the extension of the vertical limit for residential plots to 15 metres effectively permitting owners to construct third floors on top of existing premises. In its order dated 14 March 2008, the Supreme Court permitted owners to construct third floors subject to furnishing an undertaking to the relevant authorities (NDMC, DDA etc) The undertaking should state that, if the Supreme Court rules that MPD 2021 is not in accordance with applicable laws, no equitable rights will be claimed by the owners in relation to construction of third floors in residential colonies One of the terms for expansion of residential plots under the MPD 2021 provides that `additional number of dwelling units would be subject to payment of levy for augmentation of civic infrastructure'



-HT