Regularization Process::A Case Study of Inderpuri Harijan Basti, Karkardooma

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

Feroz A. Faruqi rd M. Ekistics 3 Sem Jamia Millia Islamia
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 rising population. 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 led government 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 for economically 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 government intervention 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
Studio 3rd Semester, M. Ekistics Jamia Millia Islamia, New Delhi
2.
1977 when around 600 colonies where regularized.
Classification in terms of Land Use/Ownership:

Colonies on government land o Residents whose property falls on government
land 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 o Colonies 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 o The 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 midseventies when a policy for regularization was formulated. 567 out of 607 listed unauthorized colonies were regularised till October
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 in any 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.
o Primary School 800 sq.m. per 5000 population o Sr. 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.
o The 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.
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.
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
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 this point, 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 developed was 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
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 housing for 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 JhuggiJhompri 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 59 lakh 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 and recreation 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
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 be declared 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.
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 under the 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 strategies used 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 National Slum 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 hinder and 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 is not 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 they use 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 urban development- 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 privatefarmland-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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15. Batra, L and D Mehra (2006): The Demolition of Slums 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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