
Illegal Constructions Raising The Roof, And Risk, In Chandni Chowk
On July 18, the
Supreme Court
took note of the issue and ordered the sealing of unauthorised constructions in Chandni Chowk and the arrest of those responsible for violations of the norms. The court reprimanded the civic authorities for their inability to safeguard a heritage zone from unlawful developments. The municipal corporation is assessing the court directive and hasn't taken any other measures as yet.
According to the Master Plan of Delhi (MPD) 2021, MCD was to have come up with a redevelopment plan for the Walled City within three years of the plan's 2007 notification.
However, MPD21 was only presented to Delhi govt in 2018-19. Since then, no advancement has been logged nor a redevelopment notified.
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"This area was given the status of a special area because it came up before 1962 when the first MPD hadn't even been notified," said a govt official. "The redevelopment plan included preserving the heritage structure and revamping the civic services given that the narrow lanes, sewers and the drainage system weren't capable of meeting current requirements."
Asked about the redevelopment plan, Ashish Sood, minister for urban development, said MPD21 itself provided details and features for the special area. "We need to check what additions were provided in the redevelopment plan submitted by MCD and how they will serve the objective," he said.
The delayed notification of the plan has adversely affected the area's integrity, according to local residents. They also pointed out the impracticality of current building regulations requiring stilt parking, citing the road width of 6ft wide roads that prevent easy vehicular access.
According to Pradeep Gupta, president, Chemical Traders' Association, Khari Baoli, and a local resident, more than 50% of voters of the area have shifted out over three decades due to the congestion and overwhelming commercialisation. "This place is turning into a cage. Bollards at the entrance of each lane make it difficult to even access emergency services," he said.
Gupta said that general building regulations couldn't be enforced in this place because it was vastly different from other parts of the city.
"People initially made some effort to reconstruct their properties, but when they found govt had no intention to redevelop the area, they moved away. Also, properties here are caught in so many legal disputes," he said.
Dheeraj Dubey, president, Walled City Residents' Welfare Federation, himself a resident of Chandni Chowk's Rang Mahal locality, shared how his family failed to renovate their 200-year-old haveli.
"Besides taking permission from the heritage committee, we were also required to use the original material and technique for repairing the haveli without changing its height. While a private owner like me failed several times, builders have taken over the properties and are easily getting havelis revamped, obviously by flouting the norms," he alleged.
Chandni Chowk MP Praveen Khandelwal accepted the problem of illegal construction in the area.
"It's high time MCD conducted a survey of the area and pursued the apex court to understand the definition of legal and illegal structures before acting against reported violators," he said. "Also, a one-time amnesty scheme to help needy people, though not violators, should be introduced in addition to implementing the redevelopment plan.
"
An MCD official claimed that while minor repairs did not require official permission, any structural alterations or safety-related modifications in Chandni Chowk and the Walled City needed the approval of the relevant authorities.
"According to MPD21, a person can carry out basic repair work such as changing windows, tiles and roof restoration without permission," he pointed out.
Vishal Pandey, a third-generation resident of Chandni Chowk, claimed he knew how unauthorised construction was carried out. "The contractors take permission for repair, and using that pretext, they erect a whole new building with up to five floors within 2-3 months," he maintained.
"The work is done smoothly as it is facilitated by a nexus between contractors and officials. Only when the affected party goes to the court is some relief extended to opposing parties in certain cases.
"
He recalled instances of excessive digging for buildings that caused neighbouring structures to develop cracks, leading municipal authorities to declare them unsafe and order their vacation. "These buildings are later developed into multi-storey complexes or houses," he claimed.
MCD clarified that building plans received approvals of the building department provided they strictly followed the regulations, particularly regarding the floor area ratio. "For a residential plot measuring 100 sq yard, an FAR of 350 is allowed with a maximum of 90 on each floor. For those bigger than 100 and up to 250 sq yard, 300 FAR is permissible, and from 250 to 750 sq yard, FAR of 215 is allowed," said an official.
The official added, "According to a DDA gazette notification of Jan 17, 2011, unauthorised regularised colonies and village abadis are permitted full ground coverage and setbacks are not to be insisted upon. However, the number of dwelling units, floor area ratio, height of the building, basement and other conditions are to be as per MPD21."
An elderly resident complained about adjacent construction to his shop, stating it was constructed without proper permits and blocked the shared roof access. "Despite legal intervention and notice served by MCD, the construction activities continued unabated," he grumbled.
Khandelwal has called a meeting of RWAs and market associations to discuss the various problems of the area, including illegal construction, on July 25.
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