Delhi Development Authority (Fixation Of Charges For Mixed Use And Commercial Use Of Premises) Regulations, 2006

Delhi Development Authority (Fixation Of Charges For Mixed Use And Commercial Use Of Premises) Regulations, 2006 1. Short title and commencement. 2. Definition. 4. Registration of Mixed Use Premises. 5. Annual Mixed Use Charges. 8. Utilization. The Delhi Development Authority (Fixation Of Charges For Mixed Use And Commercial Use Of Premises) Regulations, 2006 Published vide S.O. 1993(E), dated 20th November, 2006, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 20th November, 2006. Dl58 In exercise of the powers conferred by section 57 of the Delhi Development Act, 1957 (61 of 1957), the Delhi Development Authority with previous approval of the Central Government, hereby makes the following regulations: 1. Short title and commencement. - (i) These regulations shall be called the Delhi Development Authority (Fixation of Charges for Mixed Use and Commercial Use of Premises) Regulations, 2006. (ii) These regulations shall come into force with effect from the date of publication of this Notification in the Gazette of India. (iii) All words and expressions used in these regulations but not defined shall have the meaning assigned to them in the Delhi Development Act, 1957 or the Master Plan prepared and approved under the said Act or the Delhi Municipal Corporation Act, 1957 or the New Delhi Municipal Council Act, 1994, as the case may be. (iv) If any, question arises relating to the interpretation of these regulations it shall be decided by the Central Government. 2. Definition. - In these regulations, unless the context otherwise requires,- (i) "Act" means the Delhi Development Act, 1957 as amended from time to time. (ii) "Assessment Year" means a year starting from the 1st day of April each year and expiring on 31st day of March of the next year. (iii) "Category of colonies" means categorisation of colonies from (A) to (G) as adopted by the MCD for unit area method of property tax assessment. (iv) "Declaration" means a statement given by the owner/allottee/ resident/user of the premises subject to mixed use on the prescribed form. (v) "Escrow Account" means a dedicated savings account held by the Local Body concerned not being operative unless the conditions for which it has been opened are fulfilled in accordance with the provisions of these regulations. (vi) "Local Authority" means the concerned local authority such as Delhi Development Authority, Municipal Corporation of Delhi and New Delhi Municipal Council depending on the location of the property. (vii) "Master Plan" means Master Plan for Delhi framed and notified under the provisions of Delhi Development Act. (viii) "Mixed Use" means the provision for permitting non-residential activities in residential premises, and includes non-residential activities in residential premises abutting notified commercial streets/areas, but shall not include those activities, which are not permissible as per the Master Plan. (ix) "User" of the premises shall mean only an authorised occupant of the said premises. [3. Application. - These regulations shall apply to residential premises being used for non-residential activity in accordance with the mixed use regulations contained in the Master Plan of Delhi, with the perspective for the year 2021.] 4. Registration of Mixed Use Premises. - In respect of residential premises already under mixed use or intended to be put to mixed use/commercial use, the owner/allottee/resident/user of plot/dwelling unit in the case of plotted development and dwelling unit in the case of group housing shall be required to make a declaration to this effect in the prescribed format and deposit one-time registration charges with the local authority concerned at the following rates:

5. Annual Mixed Use Charges. - 5.1. The premises under mixed use shall he subject to levy of Annual Mixed Use charges for the period up to which the premises remain/likely to remain under mixed use. The annual mixed use charges for the financial year 2006-07 for different categories of colonies shall be as under:

(a) for MCD areas:

(Rates in Rs. Per Sqm. built up area)

(a) For NDMC areas: -

5.2 The payment of annual mixed-use charges shall be made by the owner/ allottee/resident user of the premises to the local authority voluntarily before 30th June of every year in resect of the previous assessment year, or part thereof, in proportion to that part. For the 2006-2007, 1 /4th of the annual mixed use charges shall be paid on or before 30-06-2007 and the balance 3/4th shall be paid on or before 30-09-2007. For the subsequent assessment years, the entire charges are to be paid on or before 30th June of that year.5.3 These rates shall remain in force in respect of subsequent years also unless specifically revised and not notified with the approval of the Central Government.5.4 The owner/allottee/resident/user of the premises shall have option to make one time payment of mixed use charges, which shall be as follows for the year 2006-07:

(a) For MCD areas:

(Rates in Rs. Per Sqm. built up area)

(a) For NDMC areas:

5.5 The payment of one time mixed use charges for the year 2006-07 may be made in four equal quarterly instalments, the first instalment of which shall be paid on or before 30-06-2007.5.6 The mixed use charges of villages and rehabilitation colonies in NDMC areas shall be equal to the charges for the various categories of MCD colonies.][6. The Annual mixed use charges for mixed land streets /commercial streets/areas shall be the same.][7. One time Charges for Development of Parking. - 7.1 The owner/ allottee/resident user of the plot/dwelling unit under the mixed land use shall also be liable to pay one time charges for development of parking and such rate for one ECS per 50 Sqm. of plot area shall be as under for the year 2006-07:-

(a) for MCD areas: -

(b) for NDMC areas:- Rs. 2,10,500 for one ECS per 50 sqm. of plot area. 7.2 Out of the total one time charges for development of parking 1 /3rd shall be paid on or before 30-06-2007 and the remaining 2/3rd by 31-03-2008. 7.3 No development charges for parking shall be payable by small shop owners of area upto 20 sqm. dealing with the items/ activities as defined in para 15.6.3 of the Master Plan for Delhi 2021 in respect of any category of colonies. 7.4 Development charges shall also not be payable by owner/allottee/ resident/user of the plot/dwelling units falling under notified pedestrian shopping streets.] 8. Utilization. - 8.1. The amount so collected shall be deposited in an Escrow Account by the local body concerned for incurring expenditure for developing parking sites, augmentation of amenities/ infrastructure and environmental improvement programmes, for the areas in which the mixed use/commercial use streets fall, after consulting all stakeholders including traders in the area. 8.2. A separate account of the income and expenditure of the Escrow Account shall be maintained by the local authority and a quarterly statement of the same shall be rendered by the local authority to the Government. [9. Penalty.- 9.1 Delay in payment of development charges for parking or mixed use charges of the relevant financial year shall be compoundable on payment of interest at 8% p.a. 9.2 The property found under mixed use without declaration or registration or in violation of the relevant provisions of the Master Plan for Delhi 2021 and these regulations, shall be liable for penal action under the relevant Act by the local body concerned and also a penalty amounting to 10 times the annual conversion charges for mixed use shall be imposed.]