The Hindu : New Delhi News : MCD to amend building by-laws

Online edition of India's National Newspaper
Wednesday, Apr 14, 2004

New Delhi

New Delhi

MCD to amend building by-laws

By Our Staff Reporter

NEW DELHI, APRIL 13. With the present building by-laws unable to take into account the emerging realities and fast changing face of the Capital, the Municipal Corporation of Delhi has decided to amend the 20-year-old regulations so as to not only make it people-friendly but also make the city's buildings earthquake-resistant, besides protecting the heritage character of Lutyens' Delhi and the Walled City.

With a draft of the new building by-laws ready, the MCD is holding a day-long intensive seminar on the issue later this month wherein experts of the sector would deliberate on the topic and make recommendations.

"Our objective is to make the building by-laws reflect the people's concern taking into account the growth potential of Delhi as a global city, enhance property values and encourage the capitalisation of urban property, preserve its green character and protect the heritage of Delhi," said the Municipal Commissioner, Rakesh Mehta.

Conceding that urban planning was a complex task, Mr. Mehta said: "In most degraded areas of the Capital, the Slum Act is normally imposed as a way of banning any redevelopment. But it has encouraged unauthorised constructions because of the inability of municipal authorities to apply the existing building by-laws," he said.

Among other issues which need to be debated, Mr. Mehta said was the relationship between the Master Plan, Zonal plans and building by-laws. "The Environment Protection Act has become important but environmental concerns have not become part of the by-laws and also not mentioned in the Delhi Municipal Corporation Act. There is also the issue of whether the community has any role to play. There are a number of problems on which a number of public interest litigations have been filed relating to unauthorised constructions in Delhi," he said.

Mr. Mehta said the new building by-laws takes into account various aspects of the process and the building regulations have to be seen in the context of the empowerment of local authorities as laid out in the 73rd and 74th amendments to the Constitution. "However in the context of the specific position of the Capital, the by-laws should be interpreted in a way so as to create a harmonious arrangement between the different institutions which are responsible for urban growth," he said.

The Commissioner said professionals should take responsibility for implementing the by-laws and the consequence of this should be "well and clearly" defined.

Pointing to the drawbacks in existing building regulations, Mr. Mehta said these laws apply to all parts of the city. In fact, there are many Delhis, which co-exist. For example, there is the pre-British part of the city called the Walled City and then there is the British part of the Lutyen's Delhi, followed by the one developed by the DDA. "Finally we have the unplanned part of the Capital called the unauthorised colonies and slum clusters," he said.

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