NEW DELHI: The Tejinder Khanna Committee in its report has suggested establishment of a Delhi Urban Regulatory Authority (DURA) to deal with matters concerning changes in development control norms, changes in land use under the Delhi Development Authority Act, 1957, and changes in Building Code Regulations.

It has said that this apex body with representatives drawn from professional town planners, structural engineers, the Delhi Development Authority and the Municipal Corporation of Delhi should be vested with appropriate powers under both the DDA Act, 1957, and the MCD Act, 1958.

Suitable conditions

The Regulatory Authority would be empowered to decide cases of regularisation of unauthorised constructions beyond normal margins of compounding and to permit changes in land use, wherever considered justified, on imposition of suitable conditions.

It has been suggested that the powers presently vested in the DDA under Section 11-A of the DDA Act, 1957, be transferred to this Authority and it should prescribe standard procedures to be followed for considering requests for change in land use including eliciting the views of the local communities concerned, and evaluating all relevant aspects of public safety, environment and convenience.

Stating that after a first stage inquiry to be conducted by a joint regulatory team consisting of representatives of the DDA, the MCD and one or two reputed external professional town planners, DURA should hear the interested parties including community representatives and non-government organisations, the panel has said that thereafter it may issue a letter of intent setting out conditions on the fulfilment of which proposed land-use change could be permitted.

In some case, such as a doctor running a small nursing home in a residential premises, only a temporary land use change permission may be accorded, the Committee has suggested.

However, in other cases, where the sites have got "almost fully commercialised'', the Committee has recommended "permanent land use change''.

As for DURA, it has been recommended that it be also empowered to lay down standard norms and rates for compounding development control and building by-law violations and that any appeal against the compounding orders by any local authority such as the MCD or NDMC may also lie with the Authority.

Resolution

Of the view that establishment of such a mechanism would provide a standing forum for seeking redress and resolution in matters connected with building code and land-use regulations, including the complaints related to them, the Committee has noted that if the complaint is found to be valid then appropriate enforcement action can be recommended by DURA to the Chief Enforcement Officer.

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