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Legal battle over unapproved construction highlights South Delhi's challenges

Synopsis

Rajeev Kumar (name changed) in Zamrudpur, South Delhi, added a floor to his 30 square yard Lal Dora property in 2019 without seeking approval. The Municipal Corporation of Delhi (MCD) issued a demolition notice, leading to a legal battle. Lal Dora areas face challenges in property ownership due to outdated records and lack of clear titles, complicating renovations and bank loans. Despite the central government's Svamitva scheme for mapping rural areas, Delhi has not fully implemented it. Experts stress the need for clear land titles and proper documentation to resolve ownership disputes and facilitate development in these regions.

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Living in an old family house in Zamrudpur, South Delhi, Rajeev Kumar (name changed) decided to add a floor in 2019. With a plot measuring just 30 square yards and his property inside the Lal Dora area, Kumar did not seek building plan approval. Soon after, the Municipal Corporation of Delhi (MCD) issued a demolition notice, prompting his relative to file a civil suit.

Kumar argued that no building bylaws applied to Delhi's urbanised villages, but his plea was ignored. He has since been dealing with regular court visits and frequent MCD notices.

Historically, Lal Dora marked village boundaries where residents lived. With population growth, the extended Lal Dora concept emerged, granting villagers plots for homes against scattered agricultural land. However, many residents of these areas lack clear property ownership rights. The original village residential areas, or abadi, were considered a single plot, complicating property division among extended families. Adding to the complexity, next-generation names were not updated in revenue records, leading to family disputes over ownership.

In Delhi's Lal Dora areas, it is challenging to renovate or rebuild houses, and banks do not provide loans for such properties. Unlike other states that have implemented land reforms to clarify land titles, Delhi has yet to benefit from such measures. The central government's Svamitva scheme, launched in 2020 to map rural inhabited areas using drones, has not been fully operational in the city. Although the scheme is limited to rural areas, Haryana has achieved 'Lal Dora mukt' status by implementing Svamitva in both rural and urban regions. Paras Tyagi of the Centre for Youth, Culture, Law, and Environment (CYCLE), an organisation focusing on village policy reforms, questioned why Delhi has not followed Haryana's lead.

The Union Panchayati Raj Ministry extended Svamitva to Delhi, which has no rural local bodies, at the city's insistence. By 2022, drone surveys were completed in 32 of Delhi's 49 rural villages, with draft maps submitted to the Delhi government. However, ground verification has yet to be conducted. Officials have repeatedly reminded the Delhi government about this delay.

Tyagi emphasised the need for ownership documents or alternatives to help residents with administrative tasks such as rebuilding, repairing, or securing loans. In 2012, the MCD requested the revenue department to consider documentation for Lal Dora residents. The Master Plan of Delhi 2021 also proposed issuing abadi or extended abadi certificates. Recently, the revenue department made this facility available online, but it could have alleviated much hardship had it been implemented earlier.

Deepika Jha from the Indian Institute for Human Settlements noted that Lal Dora properties are poorly mapped, making ownership difficult to prove. Exempt from property tax, these areas lack proper records even with the MCD. Former DDA official Prem Parkash Shokeen, a resident of Mangolpur Kalan village, highlighted that the absence of land records is the root cause of most issues faced by villagers in Lal Dora areas.

This situation highlights the pressing need for clear land titles and proper documentation to resolve ownership disputes and facilitate development in Delhi's Lal Dora regions.

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