Disposal of Nazul Land

3. Purposes for which Nazul land may be allotted. – Authority may allot Nazul land for public utilities, community facilities, open spaces, parks, playgrounds, residential purposes, industrial and commercial uses and such other purposes as may be specified from time to time by the Central Government by notification.

4. Persons to whom Nazul land may be allotted. – [(1)] The Authority may, in conformity with the plans, and subject to the other provisions of these rules, allot Nazul land to individuals, [body of persons, firms, companies], public and private institutions, co-operative house building societies, other co-operative societies of individuals, co-operative societies of industrialists and to the departments of the Central Government, State Governments and the Union territories.

[(2) The Authority shall, in conformity with plans and subject to the provisions of these rules, dispose the nazul land by auction for the following uses, namely: –

Provided further that the land allotted under this sub-rule shall be utilised in accordance with the use specified in the allotment, and as per the norms of the Master Plan for the said use.]

[5. Rules of premium for allotment of nazul land to certain institutions. – Subject to the provision of sub-rule (2) of rule 4, the Authority may allot nazul land to –

Provided that use of land allotted under this rule shall be governed by the Master Plan norms, and the conditions subject to which such allotment is made.]

6. Allotment of Nazul land at pre-determined rates. – Subject to the other provisions of these rules, the Authority shall allot Nazul land at the pre-determined rates in the following cases namely:-

(i) to individuals whose land has been acquired for planned development of Delhi after the 1st day of January,1961, and which forms part of Nazul land:

PROVIDED that if an individual is to be allotted a residential plot, the size of such plot may be determined by the Administrator after taking into consideration the area and the value of the land acquired from him and the location and the value of the plot to be allotted;

(ii) to individuals in the low income group or the middle income group other than specified in clause (i) –

(a) who are tenants in a building in any area in respect of which a slum clearance order is made under the Slum Areas Act;

(b) who, in any slum area or the other congested area, own any plot of land measuring less than 67 square metres or own any building in any slum area or other congested area;

(iii) to individuals, other than those specified in clauses (i) and (ii), who are in the low income group or the middle income group, by draw of lots to be conducted under the supervision of the Land Allotment Advisory Committee;

(iv) to individuals belonging to Scheduled Castes and Scheduled Tribes or who are widows of defence personnel killed in action, or ex-servicemen, physically handicapped individuals subject to the provisions of rule 13;

(v) to industrialists or owners and occupiers of warehouses who are required to shift their industries and warehouses from non-conforming areas to conforming area under the Master Plan, or whose land is acquired or is proposed to be acquired under the Act:

PROVIDED that the size of such industrial plot shall be determined with reference to the requirement of the industry or warehouses set up or to be set up in accordance with the plants and such industrialists and owners of warehouses have the capacity to establish and run such industries or warehouses and on the condition that the land allotted at pre-determined rates shall not, in any case, exceed the size of the land which has been, if any, acquired from such industrialist or owners and occupiers of warehouses and which form part of Nazul land:

PROVIDED FURTHER that in making such allotment, the Authority shall be advised by the Land Allotment Advisory Committee;

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8. Manner of allotment. – [Save as otherwise provided in sub-rule (2) of rule 4, rules 5, and 6, allotment of nazul land for any other purpose shall be made on payment of such premium as may be determined either by auction or by tender in accordance with the provisions of Chapter III or Chapter IV, as the case may be, of these rules.]

9. Allotment to owners in slum clearance areas. – Where a person who owns and resides in any building in any area in respect of which a slum clearance order is made under the Slum Areas Act, or whose land is acquired under that Act, applies for allotment of Nazul land for a residential purpose in lieu of his land cleared of building in accordance with the slum clearance order, or acquired under that Act, he may, subject to the minimum size of the plot of land being 67 square metres, allotted Nazul land for that purpose not exceeding 111.48 square metres without any charge:

PROVIDED that such person-

(a) belongs to a low income group or middle income group;

(b) accepts the allotment without the compensation payable under the said Act;

(c) does not claim to redevelop the land cleared of such building in accordance with that slum clearance order;

(d) has given up possession of such land or the land which has been acquired, to the competent authority under the said Act; and

(e) where the size of his land as aforesaid is less than 57 square metres, agrees to pay for the extra land at the pre-determined rates applicable to a person in the low income group or the middle income group to which he belongs.

10. Allotment of tenants in slum areas. – Where an individual who is a tenant in a building in any area in respect of which a slum clearance order is made under the Slum Areas Act, applies for allotment of Nazul land for a residential purpose/he may be allotted a plot of 67 square metres of Nazul land for that purpose on pre-determined rates:

PROVIDED that such individual-

(a) belongs to low income group or a middle income group;

(b) has given possession of the building occupied by him to the competent authority under the Slum Areas Act;

(c) does not choose to shift to any house in any slum clearance scheme;

(d) does not choose to be replaced in occupation of that building under the Slum Areas Act.

11. Allotment to owners of dangerous building in slum areas. – Where an individual who owns in any slum area or any other congested area, a plot of land measuring less than 67 square metres, or a house which is declared to be unfit for human habitation under the provisions of the Slum Areas Act, or any other law, is not permitted to re-build or re-develop under the Slum Areas Act or under any other law, applies for allotment of Nazul land for a residential purpose, he may be allotted a plot of land for that purpose not exceeding 67 square metres at pre-determined rates:

PROVIDED that he surrenders his land in the slum areas or congested locality.

12. Priority of allotment for residential purposes. – Subject to the availability of land for allotment for residential purposes, among the individuals referred to in clauses (i) and (ii) of rule 6, the individuals referred to in clause (i) shall be preferred to the individuals referred to in clause (ii) and those in clause (ii) shall be preferred to those in clause (iii).

13. Reservation for Scheduled Castes, Scheduled Tribes and others. – (1) The Authority shall, with the previous permission of the Central Government, reserve such percentage of Nazul land available for allotment for residential purposes at any given time, to individuals in the low income group or the middle income group, who are members of the Scheduled Castes and Scheduled Tribes, widows of defence personnel killed in action, ex-servicemen, physically handicapped individuals or such other category of individuals as may be specified in the permission.

(2) Plots measuring not more than 111.48 square metres shall be allotted for residential purposes at pre-determined rates, to the individuals referred to in sub-rule (1), and where the number of such individuals exceed the number of plots reserved for each category of persons under sub-rule (1), the allotment shall be made by draw of lots under the supervision of the Land Allotment Advisory Committee.

14. Reservation not to affect right to general allotment. – Notwithstanding the reservation of Nazul land made in rule 13, where any such individual as is referred to in that rule, fails to get an allotment of a plot of land in the Nazul land so reserved, by the draw of lots held under that rule, he or she shall be entitled to the allotment of a plot of land for residential purposes at pre-determined rates by draw of lots under clause (vii) of rule 6, in any Nazul land not reserved under the first mentioned rule:

PROVIDED that such individual belongs to the low income group or the middle income group

15. Allotment to individuals not accepting allotment of Nazul land on certain conditions. – Where an individual belonging to the low income group or the middle income group does not accept allotment of Nazul land for residential purposes on conditions mentioned in rule 9, 10 or 11, other than the conditions mentioned in rule 17, he shall be entitled to the allotment of Nazul land, at pre-determined rates, for residential purposes-

(a) under rule 13, if he is an individual referred to in that rule;

(b) under clause (iii) of rule 6, in any other case.

16. Certain persons entitled to allotment by auction. – Subject to the other provisions of these rules, all [individuals including the following categories of individuals, companies and firms] , shall be entitled to the allotment of Nazul land for residential purposes, by auction, namely:

(i) individuals not residing in any building owned by them in any slum area in respect of which a slum clearance order is made under the Slum Areas Act;

(ii) individuals whose land situated in any such area as is referred to in clause (i) is acquired under the Slum Areas Act and who reside elsewhere;

(iii) individuals who do not accept allotment on conditions mentioned in rules 9, 10 and 11 and who are not entitled to allotment under rule 15;

(iv) co-sharers of joint ancestral land or buildings in a slum area under the Slum Areas Act whose individual share is not less than 67 square metres in such land or building.

17. General restriction to allotment for residential purposes. – Notwithstanding anything contained in these rules, no plot of Nazul land shall be allotted for residential purposes, to an individual other than an individual referred to in clause (i) of rule 6, who or whose wife or husband or any of his or her dependent children, whether minor or not, or any of his or her dependent parents or dependent minor brothers or sisters, ordinarily residing with such individual, own in full or in part, on lease-hold or free-hold basis, any residential land or, house or who has been allotted on hire-purchase basis any residential land or house in the Union territory of Delhi:

PROVIDED that where, on the date of allotment of Nazul land,-

(a) the other land owned by or allotted to such individual is less than 67 square metres, or

(b) the house owned by such individual is on a plot of land which measures less than 67 square metres, or

(c) the share of such individual in any such other land or house measures less than 67 square metres, he may be allotted a plot of Nazul land in accordance with the provisions of these rules.

18. Size of plots. – Save as otherwise provided in these rules, the maximum size of a plot allotted to an individual for a residential purpose shall be-

(i) 104 square metres in the case of an individual belonging to the low income group;

(ii) 167 square metres (but not less than 105 square metres) in the case of an individual belonging to the middle income group; and

(iii) 500 square metres in any other case.

19. Allotment of industrial and commercial plots. – (1) Save as otherwise provided in clause (v) of rule 6, the number and size of the plots of Nazul land for an industrial or commercial purpose shall be determined, from time to time, by the Authority.

(2) In making an allotment of plot for an industrial or commercial purpose, the Authority shall be guided by the advice of the Land Allotment Advisory Committee.

(3) The Land Allotment Advisory Committee shall, in making its recommendations to the Authority, take into account such relevant factors as it may deem proper in the circumstances of the case.

(4) Without prejudice to the generality of the provision of sub-rule (3), the Land Allotment Advisory Committee shall consider whether the setting up of the industry or commercial establishment is required to shift from a non-conforming area to a conforming area under the plans.

20. [Eligibility for allotment, to social or charitable institutions]. – [***] No allotment of Nazul land to public institution referred to in rule 5 shall be made unless-

[(a) according to the aims and objects of that institution –

(iii) it is apparent from the nature of work to be carried out by that institution, that the same cannot, with equal efficiency, be carried out elsewhere than in the National Capital Territory of Delhi;]

(b) it is a society registered under the Societies Registration Act, 1860 (21 of 1860) or such institution is owned and run by the Government or any Local Authority, or is constituted or established under any law [for the time being in force or it is a company, firm or trust for the purpose of establishment of [hospitals, dispensaries or higher/technical education institutes,] [or such other charitable purpose as deemed fit by the Central Government and notified by an order in this regard.]

(c) it is of non-profit making character;

(d) it is in possession of sufficient funds to meet the cost of land and the construction of buildings for its use; and

(e) allotment to such institution is sponsored or recommended by a Department of the Government of National Capital Territory of Delhi] or a Ministry of the Central Government:

[PROVIDED that in case of allotment to a company, firm or trust for the purpose of establishment of [hospitals, dispensaries or higher/technical education institutes] by tenders or auction, as the case may be, such company, firm or trust, as the case may be, shall not be required to be sponsored by a Department of the Government of National Capital Territory of Delhi or a Ministry of the Central Government.]

[PROVIDED that nothing in this rule shall apply to the provisions of sub-rule (2) of rule 4.]

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22. Vesting of lease-hold rights. – Where Nazul land is allotted to a co-operative society, lease-hold rights thereof shall subject to the terms of the lease-deed between the President of India and the society, remain with such society.

23. Agreements between the co-operative societies and their members. – Where Nazul land has been allotted to a co-operative society, such members of the society who are allotted a plot or flat by such society shall execute a sub-lease in favour of the society in respect of each plot or flat allotted to them. The terms and conditions of such sub-lease shall, as nearly as circumstances permit, be in accordance with Form A and Form B appended to these rules. In addition, such sub-lease may contain such covenants, clauses or conditions, not inconsistent with the provisions of Form A or Form B as may be considered necessary and advisable by the society, having regard to the nature of a particular sub-lease.

[24. Manner of realization of premium or price of plots. – (1) Save as otherwise provided in rules 29, 36 and 40, premium or price of plots of Nazul land chargeable in accordance with the provisions of these rules shall be realized in instalments in the following manner, namely:

(2) If the premium or price of land as provided in sub-rule (1) is not deposited, the earnest money deposited shall be forfeited and it shall be competent for the Authority to allot the land to any other person including a co-operative society in accordance with the prescribed procedure.]

25. Nazul land for use of the Authority. – With a view to enabling it to perform its functions under the Act, the Authority may, with the previous permission of the Central Government, set apart such Nazul land for its own use on such terms and conditions as may be specified in the permission.