Reason: the ministry says the Municipal Corporation of Delhi does not have the authority to make building bylaws.

The Delhi government, as also the Union Urban Development Ministry, though thinks otherwise. For, the bylaws, the first in 25 years, had been passed by all concerned: the Delhi Cabinet, MCD House, the Lieutenant Governor, and the Urban Development ministry in 2006.

“We received intimation from the Law ministry last month that the entire project has been shot down,” Chief Secretary Rakesh Mehta told Newsline. “The ministry’s main objection is that the MCD cannot create bylaws. But that is incorrect: bylaws are part of the overall urban reforms programme (for a municipality).”

Delhi hasn’t had fresh building bylaws since 1983: the special municipal task force had been working on the new laws since December 2003, and wrapped it up in June 2005. The Sheila Dikshit Cabinet had passed it in 2006.

The new laws require a final nod of the Law ministry. Senior municipal officials said the UD ministry had implemented the building bylaws the last time around — in 1983 — because the MCD had not come into existence at the time.

Mehta, explaining why the civic body can introduce such laws, said, “Take introduction of unit area method, for instance: amendments for this were brought about in the Delhi Municipal Corporation Act. Apart from building bylaws, urban reforms also include e-tendering of works, and property titling.”

Now, Mehta said, the government would write to the Law Secretary, for “this is something that has to be done.”

Why the new bylaw?

One of the main reasons for bringing in the new building bylaw, experts said, is that the same bylaws apply to all parts of Delhi despite the city having grown manifold. The new bylaws say areas such as the Walled City, Lutyen’s Delhi, unauthorised colonies, urban villages, and planned colonies require tailor-made bylaws. The DDA was accordingly scheduled to formulate local area plans.

The building bylaws were to include: “urban renewal”, or redevelopment of defunct areas, and heritage zones among others. Besides, architects, rather than MCD officials, were to sanction building plans, thus eliminating ‘inspector raj’ and red tape. In case of failure to comply with bylaws, the architect who had sanctioned the plan was to be de-enlisted, the new bylaws say.

The MCD was also to abolish the “questionable process” of issuing ‘completion certificates’; instead, it was to introduce Building Use Permits — as is done in many countries of Europe and the US. Delhiites at present do not require any certificate to occupy a building. But with the introduction of these permits, it would be mandatory to obtain a Building Use Permit before the owner can move in.

Under the new bylaws, the permit would be issued only if the authority has found that the structure is in accordance to the building bylaws.

The new laws also gave MCD the power to revoke a Building Use Permit — in such scenario the occupant would have to vacate the building and will not be allowed to re-enter without written permission of the Municipal Commissioner.

According to municipal officials, the new bylaws would also curtail the builder-mafia nexus as well as corruption in the MCD. At the same time it would give more powers to private owners and bring in more transparent and dynamic building norms.