NEW DELHI: The Tejinder Khanna Committee's report on various aspects of unauthorised constructions and misuse of premises in Delhi has called for relevant and meaningful "special institutional arrangements'' that include the need to set up a Delhi Real Estate Commission to prescribe regulations and a code of conduct for property dealers and real estate agents and to issue them licences after due scrutiny and obtaining sureties from them.

Property dealers

The Committee has recommended that the Real Estate Commission also entertain complaints against these property dealers and real estate agents to protect the interests of consumers.

According to it, this measure will go a long way in dealing with unauthorised constructions in Delhi because this would help bring the real culprits to book.

These measures, according to the Committee, are important as hundreds of builders, real estate agents, brokers and property dealers are functioning in Delhi without any licence or any kind of regulation.

"They hardly know about the laws relating to properties and misguide the public and sell unauthorised constructed properties and disputed properties to innocent buyers. Further they charge up to four per cent commission from buyers and sellers which are also unregulated and not taxed. Therefore there is an urgent need to establish a Real Estate Commission for Delhi,'' the report asserts.

One more function of the Delhi Real Estate Commission would be to maintain a complete "digital data base'' of all urban properties in Delhi including urban law and to issue and authenticate urban property ownership certificates.

Record

Since in Delhi there is no authenticated, comprehensive record of urban properties maintained by any single agency, if a person wants to buy a plot or a built-up property in an urban area, he cannot find out who is the real owner of the property and he has therefore to rely on the seller and on the documents available.

The Committee notes that due to this confusion not only are unauthorised constructions carried out on government land, Gram Sabha land, custodian property, agricultural land and land acquired by Delhi Development Authority, they are also sold to innocent buyers who are unaware of their legal status.

"A one-time house-to-house survey of entire Delhi has to be undertaken and whatever documents are in possession with regard to a particular property with any agency will have to be brought on record.''

The panel has stated that if such a data base is established on a digital, electronic platform, then the problem of unauthorised constructions as also of consequent illegal sale or purchase, evasion of stamp duty and property disputes can be tackled effectively.

Reputed persons

The Tejinder Khanna Committee has also recommended establishment of a Delhi Vision Group comprising eminent town planners, architects, chairpersons of the Delhi Urban Arts Commission and INTACH, reputed persons from the field of archaeology, culture and environment and leading real estate developers.

To be chaired by the Lieutentant-Governor of Delhi with the Chief Minister as Vice-Chairperson, the Delhi Vision Group would also have some Members of Parliament and of the Delhi Legislative Assembly as its members.

With invited members from the Delhi Development Authority, the Municipal Corporation of Delhi and the New Delhi Municipal Council (NDMC), the group would meet at least once every six months to reflect on Delhi's future evolution and also on the ways by which the transition from the present condition to the realisation of its future vision can be achieved.

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