Is it possible for any outsider to acquire our property for the purposes of Slum Redevelopment without obtaining NOC from us and without negotiating with us on how we, as owners of the land, can benefit from the redevelopment of the property ?
Ans: No, it is not possible for an outsider to develop the property under SRA without procurring NOC from the Owner. The Owner has to form a society and accordingly submit the proposal to Deputy Collector (Encroachments) & SRA who decideds the eligibility of the slum dwellers and proposal is sanctioned.
On going through the SRA Act and rules we see that the Owner should be given the first opportunity to develop the property.
Ans: That, is right, the owners of the property has got first right to develop the property. If the Owner wishes to appoint a builder, then an agreement/MOU is executed between the builder and owner and the agreement.
Three types of SLUM REHABILITATION SCHEMES are permissible.
These types are as per the provisions of different sections of Development Control Regulations (DCR) under which they are approved. viz.
* under provisions of DCR 33(10) also called in-situ scheme
* under provisions of section 3.11 also called PAP scheme
* under provisions of DCR 33(14) also called transit scheme
In the schemes approved under the provisions of this DC regulation, the slums are rehabilitated on the same site.
In the schemes approved under the provisions of this DC regulation, an owner of vacant unencumbered land can use it for construction of PAP tenements for which he is compensated by TDR for land and for construction.
In this scheme, the landowner is allowed to consume the existing FSI potential of the land, owned by him. The additional potential of 1.5 for suburbs, 1.66 for difficult area & 1.00 for islandcity (only for government or public sector plots) is granted under this scheme.
The developer constructs transit tenements out of a prescribed part of this additional potential. The balance of the additional potential is allowed as free sale component.
Special Appendix IV dealing with slum rehabilitation schemes.
1. DCR 33(10) & 33(14) exclusively deal with slum rehabilitation.
2. Incentive commercial FSI of 5% granted to the society of slum dwellers or an NGO if the project is run by them.
3. One Balwadi and welfare center and society office each of 20.90 sq.mt areas is to be provided for every 100 rehab tenements or part thereof.
4. Area of Balwadi, welfare center, society office & common passage upto 2.0 m wide is allowed free of FSI in rehab building.
5. These areas and area of eligible religious structure, other social infrastructure like school, dispensary, gymnasium run by public authority or charitable trust as well as incentive commercial area in addition to FSI for rehabilitation tenements are termed as Rehabilitation component.
6. Sale component equal to 0.75 times the rehabilitation component in city areas; equal to rehabilitation component in suburbs and extended suburbs and equal to 1.33 times the rehabilitation component in difficult areas is allowed.
7. Maximum permissible FSI to be consumed at any site shall be restricted to 2.5 and balance can be claimed as TDR, to be sold in open market.
8. Minimum density on plot shall be 500 tenements per net hectare.
9. All the activities existing in the slum even if non-conforming with the zone of the area shall be allowed to be relocated.
10. All reservation plots upto 500 sq.mt. in area under slum shall be cleared of slums and the slum dwellers shall be relocated elsewhere.
11. Plots reserved for non-buildable reservations and encumbered with slums shall be cleared if the area is less than 500 sq.mt. or they are encumbered to an extent less than 25%.
12. Special concessions in building requirements are granted. Viz. Relaxations in open space requirement; Relaxations in room size requirement.
in case some other entity wants to develop the property, the NOC from the owner is mandatory
Ans: Yes, it is, unless the land is vacant land.
also, the property should be free from litigation.
Is it possible for just about anyone to bring about acquisition of the property with no regard to the rights of the land owner ?
Ans: No, it is not possible to bring abour acquisition of the property with no regard to the rights of the land owner. IN recent case it has happened in the case of Omkar Hitavardhak Co-op Hsg. Society, which is under challenge.
I am also told that in case of of acquisition of the property the owner only gets a very paltry sum and has pratcially no avenue for appeal. Is this true ?
Ans: The appeal lies with the Commissioner (Revenue).
If so, does this not amount to land grab ?
Ans: It does, but where Orders are there issued by Dy. Collector and SRA, without proper notice to the owner and without seeking sanction, where the property is not declared as dilapidated and permitted to be developed under Slum Rehabilitation Scheme, in such event, the act needs to be challenged.
How do we, as land owners, protect our rights ? As Indian Citizens do we not have the rights over our own property ?
Ans: If you do not wish to launch the scheme, then you can prefer suit before City Civil Court challenging the overt act of the builder.