The policy acknowledges the need for permitting use of land for purposes other than that for which it was originally envisaged and lays down the conditions under which this may be applied in different situations. The general procedure to be followed for implementation of the said policy, and mitigating measures to be taken to counter the effect of such non-intended use in such area also described.
i.
Mixed use means the provision for non-residential activity in residential premises.
ii.
The policy aims to balance the socio-economic need for such activity and the environmental impact of the said activity in residential areas.
iii.
Mixed use allows access to commercial activities in the proximity of the residences and reduces the need for commuting across zones in the city. However, at the same time, it needs to be regulated in order to manage and mitigate the associated adverse impact related to congestion, increased traffic and increased pressure on civic amenities.
iv.
The over-riding principles for permitting mixed use are the need to acknowledge and make adequate provision for meeting community needs, mitigating environmental impact and providing for safe and convenient circulation and parking.
v.
Mixed-use, (including small shops as per para 15.6.3.) shall not be permitted in the Lutyens' Bungalow Zone, Civil Lines bungalow zone. government housing, institutional / staff housing of public and private agencies and buildings / precincts listed by the Heritage Conservation Committee
The need for differentiated approach to mixed use policy arises from the fact that Delhi, being the country's capital and an important centre of economic activity has a large diversity in the typology of residential areas. Apart from the planned residential colonies built as part of Lutyens' Delhi as well as through the process of planned development undertaken by the Delhi Development Authority, there are authorized residential areas in the Walled City, Special areas and urban villages. Other planned areas include resettlement colonies and pre-Delhi Development Act colonies, including post-partition rehabilitation colonies and pre-1962 residential colonies as per list given in Annexure I. There are also regularized-unauthorized colonies; unauthorized colonies as well as slums and jhuggi jhompri clusters in various parts of Delhi.
Moreover, the extent of non-residential activity seen as being necessary or desirable by the residents themselves varies from area to area based on the socioeconomic status of the residents as well as the past pattern of development in that area. While certain colonies may need non-residential activity as an integral part of their livelihood, some others may wish to preserve the residential character of their colonies and neighbourhood.
Hence, it is proposed to follow a differentiated approach in the application of the mixed-use policy in Delhi. The differentiated approach would be based on categorization of colonies from A to G as adopted by MCD for unit area method of property tax assessment as applicable on 7.9.2006. Any change in the categorization of these colonies shall not be made applicable for the purpose of this chapter without prior approval of Central Government
Subject to the provisions of this chapter, the following three broad types of mixed use shall be permissible, in residential premises:
i) Commercial activity in the form of retail shops as per conditions given in para 15.6 in plots abutting notified mixed use streets.
ii) "Other activity" broadly in the nature of 'Public and Semi-Public' facilities listed in para 15.7.1 and as per conditions specified in para 15.7, in plots abutting roads of minimum ROW prescribed in para 15.3.2.
iii) Professional activity as per conditions specified in para 15.8. The above mentioned types of mixed use shall be subject to the general terms and conditions specified in the succeeding paragraphs.
The identification of mixed use areas / streets in both the urbanized / urban as well as urbanizable areas of Delhi would be as follows:
On all streets / stretches already notified by the competent authority.
Residential areas and streets / stretches earlier declared as commercial areas / streets or where commercial use was allowed in MPD-1962 shall continue suchuse at least to the extent as permissible in MPD-1962.
Commercial activity existing from prior to 1962 in residential areas, subject to documentary proof thereof
Identification and notification of mixed use streets in future shall be based on the criteria given in para 15.3.2 and as per procedure prescribed in para 15.3.3, and given wide publicity by the local bodies concerned
Plotted development in pre-1962 colonies listed in Annexure I shall be treated as rehabilitation colonies in their respective categories (A to G) for the purpose of this Chapter.
No commercial activities will be permissible in the colonies of A & B categories except the following:
●
Professional activity, subject to conditions given in para 15.8, mixed use and commercial activity up to one plot depth, in plots abutting Master Plan roads that are notified as mixed use streets, and commercial streets respectively, since such roads are not internal to the colonies (provided that the request of the RWA concerned shall not be necessary for notifying the Master Plan roads abutting the colonies, as mixed use streets on commercial streets).
1["Other activity" restricted to guest houses, nursing homes and pre-primary schools, as defined in para 15.7.1, subject to conditions contained in para 15.7, in plots abutting roads of minimum 18m ROW in regular plotted development, since these activities are in the nature of 'Public and Semi-Public' facilities. New banks and fitness centres, wellness centres and NGOs will not be permissible. Banks which existed as on 7.9.2006, fitness centres, wellness centres and NGOs which existed as on 7.2.2007, (as defined in para 15.7.1), in accordance with notifications issued in this regard from time to time, and are on plots abutting roads of minimum 18m ROW, on the date of notification, shall however, continue.]
Retail shops in terms of para 15.6 on such mixed use streets with a minimum 18m ROW, within the colony, in regular residential plotted development, as are notified in terms of para 15.3.3, if there is a specific request of the RWA concerned, in terms of para 15.10
Note:
Commercial activity on mixed use streets, within A & B category colonies, earlier notified under MPD-2001 shall cease with immediate effect (other than in plots abutting Master Plan roads).
2. In colonies falling in categories C and D
Mixed use in the form of Retail shops shall continue to be permissible as per conditions in para 15.6, in plots abutting notified mixed use streets.
"Other activity" in terms of para 15.7 shall be permissible in plots abutting roads of minimum 18m ROW in regular plotted development, 13.5m ROW in rehabilitation colonies and 9m ROW in Walled City, regularized -unauthorized colonies, resettlement colonies, Special Areas, and urban villages, subject to conditions in para 15.7.
Notification of mixed use streets in future, of minimum 18 m ROW in regular residential plotted development, 9 m ROW in rehabilitation colonies and any road in regularized- unauthorized colonies, resettlement colonies, Walled City, Special Area and urban villages in terms of para 15.3.3 shall be subject to consultation with RWAs concerned in terms of para 15.10.
Mixed use shall be permissible in pedestrianized shopping streets as per para 15.3.3.
Professional activities shall be permissible as per conditions laid down in para 15.8.
___________________________________________ 1. Substituted vide S.O. 2034(E) dated 12-08-2008
3. In colonies falling in categories E, F and G
Retail shops shall continue to be permissible as per conditions in para 15.6., in plots abutting notified mixed use streets.
"Other activity" in terms of para 15.7 shall continue to be permissible in plots abutting roads of minimum 13.5m ROW in regular plotted development, 13.5m ROW in rehabilitation colonies and 9m ROW in Walled City, regularized -unauthorized colonies, resettlement colonies, Special Areas, and urban villages, subject to conditions in para 15.7.
Notification of mixed use streets in future, of minimum 13.5 m ROW in regular residential plotted development, 9 m ROW in rehabilitation colonies and any road in regularized- unauthorized colonies, resettlement colonies, Walled City, Special Area and urban villages in terms of para and urban villages shall be in terms of para 15.3.3.
4. Group housing in all categories of colonies
1[Only professional activity, small shops in terms of para 15.6.3 and tution centres for school children only shall be permissible. Retail shops specifically provided for in the lay out plan of group housing under para 15.4(ii) would be permissible.]
5. In respect of colonies falling in NDMC area
Excluding Lutyens' Bungalow Zone, government housing, institutional and staff housing of public and private agencies and buildings / precincts listed by the Heritage Conservation Committee, existing mixed use streets / stretches will be notified by NDMC. Future notification of mixed use streets / stretches will be done on a field level survey to assess the community needs, environmental impact and traffic circulation/ adequate parking and in consultation with Residents Welfare Associations concerned.
2[i) Where more than 50% of the plots in a stretch / street, are having shops / offices and other activities permitted in Local Shopping Centres on ground floor, such streets / stretches shall be eligible for notification as mixed use street.]
ii) The minimum ROW for identification of a street or stretch of road as mixed use street would be follows*:
In A &B Colonies
18m ROW in regular plotted development on the specific request RWAs.
In C & D colonies:
18 m ROW in regular residential plotted development, 9 m ROW in rehabilitation colonies and any road in regularizedunauthorized colonies, resettlement colonies, Walled City, Special area and urban villages; in consultation with RWA concerned.
In E,F & G Colonies:
13.5m ROW in regular plotted development, 9m ROW in rehabilitation colonies and any road in Walled City, regularized unauthorized colonies, resettlement colonies, Special Areas, and urban villages.
* Provided that consistency shall be maintained by the local body in determining the ROW whether the street is bordered by service road, green verge, park or not.
iii) Streets of less than 6 m ROW notified as mixed use streets or as commercial streets, in regularised-unauthorised colonies, resettlement colonies, Special Area, urban villages, will be declared as pedestrian shopping streets (PSS) and will not be open to motorized transport.
_____________________________________________ 1-2. Substituted vide S.O. 2034(E) dated 12-08-2008
a) Request of the RWA concerned or consultation with RWAs concerned, shall not be necessary for notifying the Master Plan roads abutting the colonies as mixed use streets, since such roads are not internal to the colonies.
b) Specific request of or consultation with RWA concerned shall be governed by Para 15.10.
iv) For the notification of mixed use streets, in areas that have not been surveyed or have been surveyed but streets have not been notified pursuant to notification dated 7.9.2006, local bodies shall be required to carry out within a reasonable time of the notification coming into force, and with due expedition, and not later than 90 days, a survey of all streets of the above-mentioned width, if not already done, with a view to identifying stretches of such streets as mixed use streets.
1[Note-1 The local body shall carry out a survey in those streets / roads in urban villages andRegularized-unauthorized colonies not surveyed pursuant to the provisions of MPD-2021 Notified on 7.2.2007, within a period of three months of this Notification.]
v) The field survey shall assess the extent of existing non-residential use on the streets, the Stretch of the street to be notified, the additional requirement of civic amenities and the Provision for traffic circulation and parking.
vi) The notification shall be issued by the Urban Development Department, GNCTD Immediately after the field survey is completed.
_______________________________________ 1. Added vide S.O. 2034(E) dated 12-08-2008
In new urbanisable areas, mixed use shall be permissible in the following areas:
i) In newly developed residential areas, mixed use as specified above shall be permitted only on residential plots abutting 18m. ROW roads.
ii) The layout plan in newly developed urban extension shall earmark such stretches / plots and notify them under the mixed use policy at the time of grant of permission for layout plan in the case of private development and at the time of disposal by allotment or auction in the case of areas developed by DDA
iii) In the Abadi area of villages in urbanisable area, mixed use shall be permissible as per the provisions of urban villages and for this purpose, local bodies shall be required to carry out within a reasonable time of the notification coming into force, and with due expedition, and not later than 90 days, a survey of all streets of the above-mentioned width, if not already done, with a view to identifying stretches of such streets as mixed use streets.
In terms of the conditions prescribed for different categories of colonies, in para 15.3.2, and provided that the plot abuts a notified mixed use street (in the case of retail shops) or a road of prescribed minimum ROW (in the case of other mixed use activities), mixed use shall be permitted, subject to the following general terms and conditions:
In residential plotted development
i) Where there is only one dwelling unit in a residential plot, only one type of mixed use (i.e. retail shop as per para 15.6 or professional activity or one of the other activities listed in para 15.7) shall be permissible in that unit.
ii) Where there are more than one dwelling units in a residential plot, each of the dwelling units will be permitted to have only type of mixed use activity (either retail shop as per para 15.6. or professional activity or any one of the other activities listed in para 15.7).
In group housing
Only professional activity and small shops in terms of para 15.6.3 shall be permissible. Retail shops specifically provided for in the lay out plan of group housing would be permissible. 1[However, the entire ground floor of DDA flats on mixed use / commercial use area / stretches / roads is allowed for mixed use / commercial use. No amalgamation of two or more DDA flats shall be allowed.]
Other terms and conditions
i) No encroachment shall be permitted on the streets or public land.
ii) Development control norms as applicable for the particular residential use will continue to be applicable, even if the plot / dwelling unit is put to mixed use.
iii) If the notified street is a Master Plan road, and if a service road is available or provided for by local bodies, then, the mixed use premises should be approached from such service road and not directly from the main carriageway.
iv) In plotted development, front setback should not have boundary wall, so that it can be used for additional parking.
v) Parking @ 2.0 ECS per 100 sqm built up area shall be provided within the premises. Where this is not available, cost of development of parking, shall be payable by the plot allottee / owner to the local body concerned. This condition shall apply even if residential premises are used only for professional activity.
vi) Common parking areas would be earmarked on notified mixed use streets taking into account the additional load on traffic and parking consequent upon notification of the street under Mixed Use Policy. If no parking space is available, land/ plot on the said street may be made available by Traders association, wherever possible, or acquired for construction of parking facilities, preferably, multi level parking. Development of such parking facilities shall be done by either the traders Association or by local bodies and may include public-private partnership as model for implementation.
Any trade or activity involving any kind of obnoxious, hazardous, inflammable, noncompatible and polluting substance or process shall not be permitted.
2[15.6.1.(i) Retail shops and Offices shall be permitted on plots abutting streets notified for mixed use only on the ground floor upto the maximum permissible ground floor coverage.
(ii) Mixed use from basement on such streets may be allowed, subject to relevant provivions of building bye-laws, structural safety and fire safety clearance. However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used, subject to payment of appropriate charges prescribed with the approval of Government. Paras 15.3.2.1, 15.3.2.2., 15.3.2.3, 15.3.3(i) and 15.4 and any other relevant provisions shall be read alongwith the above provisions.]
15.6.2.The following activities shall not be allowed under Mixed Use:
a) Retail shops of building materials [timber, timber products (excluding furniture) marble1, iron and steel, (gravel, cement and sand2], firewood, coal and any fire hazardous and other bulky materials.
b) Repair shops / workshops of automobiles, tyre resoling and re-treading, and battery charging 3.
c) Storage, go-down and warehousing.
d) Junk shop (except paper and glass waste)
e) Liquor shop
f) Printing, dyeing and varnishing
g) Any other activity that may be notified from time to time by Government
__________________________________________ 1-2. Modified vide S.O. 2034(E) dated 12-08-2008
Notes:
Will not include:
1. Business of finished marble products where cutting and polishing activity of marble is not undertaken.
2. Retail shops of gravel, sand and cement shall be permissible in residential plots of at least 50 sq.m., in notified mixed use streets in E, F and G category colonies, provided that the material is kept entirely within the plot premises.
3. Repair shops and workshops in case of automobiles shall not be prohibited on plots abutting mixed-use streets or commercial streets of right of way (ROW) of 30m or more.
15.6.31[Small shops of maximum 20 sqm area each, restricted to maximum permissible number of DUs in the plot or four numbers, whichever is less, trading in or dealing with the following specified 24 items / activities are allowed on ground floor only in residental plot, excluding A & B category of colonies. However, small shops of maximum 20 sqm area each, restricted to maximum permissible number of dwelling units in the plot or four in number, whichever is less, trading in or dealing with specified items / activities existing as on 7.2.2007 may continue on ground floor only in a residential plot in A & B category of colonies but in future only one small shop of 20 sqm area shall be allowed on ground floor in a residential plot in A & B category of colonies.]
Vegetables / fruits / flowers
Bakery items / Confectionary items;
Kirana / General store;
Dairy product;
v
Stationery / Books / Gifts / Book binding;
vi.
Photostat / Fax / STD / PCO;
vii.
Cyber café / Call phone booths
viii.
LPG booking office / Showroom without LPG cylinders;
ix.
Atta Chakki;
x.
Meat / Poultry and Fish shop;
xi.
Pan shop;
xii.
Barber shop / Hair dressing saloon / Beauty parlour
xiii.
Laundry / Dry cleaning / ironing;
xiv.
Sweet shop / Tea stall without sitting arrangement
xv.
Chemist shop / Clinic / Dispensary / Pathology lab
xvi.
Optical shop; ________________________________________ 1. Modified vide S.O. 2034(E) dated 12-08-2008
________________________________________ 1. Modified vide S.O. 2034(E) dated 12-08-2008
xvii.
Tailoring shop
xviii.
Electrical / Electronic repair shop; and
xix.
Photo studio;
xx.
Cable TV / DTH Operation
xxi.
Hosiery / Readymade Garments / Cloth shop;
xxii.
ATM
xxiii.
Cycle Repair Shop
xxiv.
Ration shop & Kerosene Shop under PDS.
15.7.1 Subject to the general conditions given in para 15.4 and additional conditions given in para 15.7.3, the following public and semi-public activities shall also be permitted in the residential plots abutting roads of minimum ROW prescribed in 15.7.2, whether or not the road is notified as mixed use street:
(a) Pre-primary school (including nursery / Montessori school, creche.)
(b) i. Nursing home
ii. Clinic, Dispensary, Pathology lab and Diagnostic center.
1[iii. Wellness Centers including Day Spas / Weight Loss Centres / Ayurvedic Centres offering Ayurvedic treatment / Salons offering fitness & aesthetic medical services and operating as on 7.2.2007.]
(c) Guest house (including lodging houses) irrespective of number of rooms.
(d) Bank
(e) Fitness Centre (including gymnasium, yoga / meditation centre) 2[as existed on 7.2.2007]
(f) Coaching centres / tuition centres other than those imparting structured courses leading directly to the award of a degree or diploma or conducting classes such as a regular school.
3[(g) Non-profit making Non-Governmental Organizations (NGOs) existing as on 7.2.2007 and registered as such under Section 12A read with Section 12AA(1)(b) of the Income Tax Act, 1961.]
15.7.2 The minimum ROW of a street or stretch of road on which the above-mentioned other activities are permissible is as follows:
In A & B Colonies*:
18m ROW in regular plotted development;
_________________________________________ 1-3. Added vide S.O. 2034(E) dated 12-08-2008
Notes
*Banks 1[...] shall however, not be permissible, except those already operating as on
07.09.06.
18 m ROW in regular residential plotted development,
13.5 m ROW in rehabilitation colonies and 9 m ROW
in regularized- unauthorized colonies, resettlement colonies,
Walled City, special area and urban villages; and in
pedestrian shopping streets ( of less than 6 m ROW).
In E, F &G Colonies:
13.5 m ROW in regular plotted development, 9 m ROW
in rehabilitation colonies and 6m ROW in Walled City,
regularized- unauthorised colonies, resettlement colonies,
Special areas, and urban villages and in pedestrian
shopping streets (of less than 6m ROW).
2[Note: Coaching centres / tuition centres shall also be allowed to operate on a minimum ROW of 9m unless lesser ROW is specified, in all colonies planned and developed prior to 1962 including A and B category colonies.]
15.7.3 3[The above mentioned public and semi-public activities shall be subject to the following overriding conditions on the general conditions prescribed in preceding paras:]
i) Subject to the specific conditions mentioned in succeeding paras, the minimum size** of the plot on which these activities shall be permissible, on streets of prescribed minimum ROW, shall be 200 sqm in regular plotted development, 75 sqm in rehabilitation colonies, regularized -unauthorized colonies, resettlement colonies, Walled City, Special Area & urban villages subject to the following specific conditions.
ii) 4[Banks shall be permissible on maximum 2/3rd of FAR subject to 600 sqm while guest house, nursing homes, Wellness Centres including Day Spas / Weight Loss Centres / Ayurvedic Centres offering Ayurvedic treatment/salons offering fitness & aesthetic medical services will be permissible upto 3/4th of the floor area.]
iii) Nursing Homes, dispensaries, clinics, 5[Wellness Centres including Day Spas / Weight Loss Centers / Ayurvedic Centres offering Ayurvedic treatment / Salons offering fitness & aesthetic medical services] and pathology labs shall be permissible: on minimum plot size of 100 sqm in regular plotted development on 13.5 m ROW in C & D colonies and 9 m ROW in E, F & G colonies. However, the minimum plot size shall be 50 sqm for clinics, dispensaries and pathology labs running in these colonies and also in E, F and G category colonies. In Walled City, Walled city extension, villages and unauthorized-regularized colonies, conditions of plot size and minimum ROW shall not be applicable.
iv) Nursing Homes, 6[Wellness Centres including Day Spas / Weight Loss Centres / Ayurvedic Centres offering Ayurvedic treatment / Salons offering fitness & aesthetic medical services] operating in plots abutting Master Plan roads and Zonal Plan roads shall be permissible up to 100% of built up area and the limit on the size of the plot would not apply.
1. Deleted vide S.O. 2034(E) dated 12-08-2008
2. Added vide S.O. 2034(E) dated 12-08-2008
3. Modified vide S.O. 2034(E) dated 12-08-2008
4. Substituted vide S.O. 2034(E) dated 12-08-2008
5-6. Inserted vide S.O. 2034(E) dated 12-08-2008 __________________________________________________________________________________________________________________________________
v) Guest Houses operating in plots abutting streets of prescribed minimum ROW in Special Area and in plots abutting Master plan roads and zonal plan roads shall be permissible up to 100% of built up area and the limits on the size of the plot shall not apply. Provided that except in LBZ and Civil Line Bungalow Zone, Guest houses that were operating validly under provisions of MPD, prior to 7.9.2006 would continue to the extent as was permissible at that time.
vi) 1[Pre-primary school (other than those on plots abutting commercial streets) shall be restricted only to the ground floor upto the permissible ground coverage. Fitness Centre (including Gymnasium, Yoga / Meditation Centre), (other than those on plots abutting commercial streets) is permitted on all floors. It is also permitted in the basement subject to relevant provisions of Building Bye Laws, structural safety norms and fire safety clearance. In case the use of basement leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used subject to payment of appropriate charges prescribed with the approval of Government.]
vii) 2[Coaching centres and tuition centres referred to in para 15.7.1 (f) including computer coaching and language coaching centres shall be permissible upto 2/3rd of the maximum permissible FAR of the plot size subject to a maximum of 500 sqm built area and basement. There shall be no restriction on the size of the plot. Use of basement shall be subject to clearance from the fire authorities and other statutory bodies as per the relevant provisions of MPD 2021 and Unified Building Bye-Laws, 1983, amended from time to time. In case the use of basement for coaching centres and tuition centres including computer coaching and language coaching activity leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used subject to payment of appropriate charges prescribed with the approval of Government. Other existing coaching/tuition centres may be allowed to continue till end of May, 2008 and shift to conforming locations by then. The tuition centres for school children only, shall also be permissible in the ground floor dwelling of any group housing on a maximum floor area of 100 sqm or 50% of the floor area of the flat, whichever is less.]
viii) The above mentioned activities shall also be subject to any other specific terms and conditions, as may be prescribed in the relevant statutes / acts applicable to them.
ix) It shall be the responsibility of the plot allottee / owner to make arrangements for parking so that the parking does not encroach / spill over on public land.
3[x) NGOs as referred to in Clause (g) of Sub-para 15.7.1, if not registered as yet, should get themselves registered within one year from the date of Notification. Activities of NGOs will be allowed to continue only from that part of the premises which was in use as on 7.2.2007 without permitting any further increase subejct to the condition that it is less than 3/4th of the floor area.]
**Variation of ± 5% in plot size may be disregarded.
1. Substituted vide S.O. 2034(E) dated 12-08-2008
2. Modified vide S.O. 2034(E) dated 12-08-2008
3. Added vide S.O. 2034(E) dated 12-08-2008
Banquet Hall shall also be permissible in industrial and commercial areas including notified commercial streets under Mixed Use Regulations. Development control norms in respect of ground coverage, FAR, height and basement shall be applicable as per master plan norms for the specific land use for that premises till specific regulations are notified for this purpose
Subject to the general terms and conditions specified in para 15.4, professional activity is permissible in plotted development and group housing under the following specific conditions:
Professional activities shall mean those activities involving services based on professional skills namely Doctor, Lawyer, Architect, and Chartered Accountant, Company secretary, Cost and Works Accountant, Engineer, Town Planner, Media professionals and Documentary Film maker 1[and Management Professionals.*]
In group housing, and plotted development with multiple dwelling units, professional activity shall be permitted on any floor subject to maximum of 50% of the permissible or sanctioned FAR, whichever is less, of each dwelling unit
In the case of plotted development with single dwelling unit, professional activity shall be permissible on any one floor only, but restricted to less than 50% of the permissible or sanctioned FAR whichever is less on that plot.
2[Professional activity in basements is permissible in plotted development, subject to relevant provisions of Building Bye-Laws, structural safety norms and fire safety clearance. In case, the use of basement for professional activity leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used subject to payment of appropriate charges prescribed with the approval of Government.]
3[Note : * Management professional shall be the one holding MBA degree / diploma from AICTE / UGC / Centrally recognized institutions or institutes of national importance and having membership of Delhi Management Association.]
In respect of a residential premises already under mixed use or intended to be put to mixed use, the owner / allottee / resident of the plot / dwelling unit, in case of plotted development and dwelling unit in the case of group housing, shall be required to declare such mixed-use by filling up a form in this respect and depositing it with the local body concerned any pay one-time registration charges at rates to be notified with the approval of the Central Government.
The premises under mixed use shall also be liable for payment of mixed- use charges every Year to the local body concerned at the rates notified with the approval of Central Government, for the period during which the property is put to mixed use. Such payment will be made by the property owner / allottee voluntarily before 30th June of every year in respect of the previous assessment year (April - March).1[For mixed use for the year 2006-07 and 2007-08, the property owner / allottee shall be allowed to pay one time registration charges and annual conversion charges without payment of any penalty under Clause 15.9 (v) for mixed use on or before 30.6.2009.]
No modification to the building for using residential premises for non-residential activities, under the mixed use policy, shall be permitted unless the allottee / owner has obtained sanction of revised building plans and has paid necessary fees or charges.
The local body concerned shall be responsible for the conduct of test check of properties under mixed use, whether registered with it or not.
In addition to other penal action available under the relevant act, properties found to be under mixed use, without registration or in violation of the terms of this notification shall be liable to pay, to the local body, a penalty amounting to 10 times the annual conversion charges for mixed use.
2[vi.
In respect of residential premises already under mixed use on 7.2.2007 in Special area, the owner / allottee / occupier of the plotted development shall be required to declare such mixed use by filling up a form in this respect and depositing it with local body concerned and pay one time registration charges and conversion charges without penalty on or before 30.6.2009 at the rate to be notified with the approval of the Government from time to time.]
i
The Residents Welfare Association (RWA) shall be a body registered before 21.07.06, or registered for at least three years under any statute, such as Societies Registration Act.
ii
Consultation with the RWA concerned for the purposes of declaring mixed use streets shall be done by the local bodies concerned.
iii
Genuine efforts for meaningful consultation with RWAs shall be made by the local bodies. Such efforts may include wide publicity to the proposed consultations, maintenance of record of consultation and providing access to those records to RWA concerned and public.
iv
Consultation with the RWA concerned shall be limited to identification of mixed use streets, and not for grant of permission in individual cases. However, RWAs shall have a right to be heard in cases of complains of public nuisance and nonpermissible uses.
1-2. Added vide S.O. 2034(E) dated 12-08-2008 __________________________________________________
15.11.1 Permission or registration for mixed use can be cancelled or suspended by theconcerned local body in case of violation of any of the conditions under which such mixed use is permissible / permitted.
15.11.2 The following non-residential activities, not covered under the mixed use policy, shall be permissible in residential areas under the following conditions:
All such non-conforming schools operating on private lands and existing on or before 01.07.06 shall be required to conform to the prevailing norms within three years. Such schools shall apply to the concerned local body to consider for regularisation by modification in the layout plan, failing which these shall be closed down / shift to conforming premises.
In addition, coaching centers and tuition centers referred to in para 15.7.1, running in residential premises, shall be allowed to continue till the end of May, 2008.
15.12.1 The following streets / stretches of streets or areas may be notified as commercial streets or commercial areas by the local authority*:
Where more than 70% of the plots abutting roads of ROW of 24m or more, in a stretch of at least 300m, in regular plotted development are under commercial use, provided that no street in colonies in A and B categories shall be notified as commercial street.
Where more than 70% of the properties abutting roads of less width than 24m ROW, in a stretch of at least 100m, in rehabilitation colonies, regularizedunauthorized colonies, resettlement colonies, Walled City, Special Area and urban villages and local commercial streets / areas declared under MPD-1962 as per para 15.3.1; and
1[In E, F and G category colonies, where, 80% of residential plots are under mixed use, or if there are 150 shops, within a contiguous area of 1 hectare, the Local Body shall carry out a survey in such areas within a period of three months from the date of this Notification
Any street less than 6m ROW if declared as commercial streets shall be a pedestrian shopping street and not open to motorized transport.*Provided that consistency shall be maintained by the local body in determining the ROW whether the street is bordered by service road, green verge, park or not.
15.12.2 For the notification of commercial streets / areas, in areas that have not been surveyed or have been surveyed but streets have not been notified pursuant to notification dated 7.9.2006, local bodies shall be required to carry out within a reasonable time of the notification coming into force, and with due expedition, and not later than 90 days, a survey of all streets of the above-mentioned width / areas, if not already done, with a view to identifying stretches of such streets / areas as commercial streets / areas.
1[Note1 : The local body shall carry out a survey in those areas / streets / roads in urban villages and regularized-unauthorized colonies not surveyed pursuant to the provosions of MPD-2021 notified on 7.2.2007, within a period of three months of this notification.]
15.12.3 After identification is done, notification of commercial stretches / streets by the Urban Development Department, GNCTD would necessitate compliance to the following terms and conditions:
i)
Preparation of revised layout plan / Scheme for such areas / streets with the approval of the local body / Authority;
ii)
The lay-out plan / Scheme for such areas / streets should indicate adequate provision for circulation, parking, open spaces and other planning norms;
iii)
Common parking areas would be earmarked taking into account the additional load on traffic and parking consequent upon notification of the street as commercial area / street. If no parking space is available, land / plot on the said street / area may be made available by traders association, wherever possible, or acquired for construction of parking facilities, preferably, multi level parking. Development of such parking facilities may be done by either the traders association or by local bodies and may include public-private partnership as a model for implementation
iv)
On notification of a commercial street / area under this clause, such streets / areas shall be considered as local shopping centres as mentioned in Chapter 5 of this Plan. The plot owners / allottees on these commercial streets / areas shall have to pay conversion charges as prescribed by the Government from time to time in respect of the built up area which shall not exceed the residential development control norms applicable to the plot. This is a one-time facility for plot allottees / owners in such commercial areas / streets and shall not be construed as relaxation of the development control norms in future.
v)
Any other condition that may be prescribed by Government from time to time
vi)
One time facility for all activities permitted in Local Shopping Centres shall be permissible in commercial streets and areas including multi-level parking. In addition, banquet halls shall also be permissible for which regulations may be prepared.
vii)
Commercial activity in basement on such streets shall be permitted, subject to relevant provisions of building bye laws, structural safety and fire safety clearance. However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used subject to payment of appropriate charges prescribed with the approval of Government.
1. Added vide S.O. 2034(E) dated 12-08-2008
2-3. Modified vide S.O. 2034(E) dated 12-08-2008
ANNEXURE I
LIST OF PRE-1962 BUILT UP RESIDENTIAL AND REHABILITATION COLONIES
1. Aliganj
29. Multan Nagar
2. Andha Mughal
30. Nanakpura
3. Balbir Nagar
31. Nicholson Marg
4. Bharat Nagar
32. New Rajinder Nagar
5. B. K. Dutt Colony
33. Old Rajinder Nagar
6. Dishad Garden
34. Outram Lines
7. Gandhi Nagar
35. Patel Nagar (E)
8. Geeta Colony
36. Patel Nagar (W)
9. Gulabi Bagh
37. Patel Nagar (S)
10. Inderpuri
38. Pratap Nagar
11. Jangpura - A
39. Prem Nagar
12. Jangpura - B
40. Punjabi Bagh
13. Jangpura Extn.
41. Rajouri Garden
14. Jawahar Nagar
42. Rana Pratap Bagh
15. Kalkaji
43. Ramesh Nagar
16. Kamla Nagar
44. Ram Nagar
17. Karol Bagh
45. Rohtas nagar
18. Kingsway Camp
46. Roop Nagar
19. Kirti Nagar
47. Sarai Rohilla
20. Kishan Ganj
48. Shahdara
21. Kishan Nagar
49. Shakti Nagar
22. Lajpat Nagar - I to IV
50. Sheikh Sarai
23. Malka Ganj
51. Shivaji Park
24. Malviya Nagar
52. Subhash Nagar
25. Mansarovar Garden
53. Tilak Nagar
26. Model Basti
54. Timar Pur
27. Model Town
55. Tihar - I & II
28. Moti Nagar
56. Vinoba Puri
57. Vijay Nagar
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