NORTH DELHI MUNICIPAL CORPORATION
LAND AND ESTATE DEPARTMENT
No. L&E (N)/Lease/2015/NIT-1/D-2591
Date:- 12-02-2015
Public Notice
The Land & Estate Department of North DMC intends to invite sealed tenders from
general public i.e. individual person, firm, Pvt. Ltd. Co., Ltd. Co., Regd. Coop. Society for
sale/allotment of pieces of vacant Plots/Built up flats/shops/office units on long terms
leasehold basis on the terms and conditions mentioned in the documents available
accessed through MCD’s website www.mcdonline.gov.in.
1. The sale/ allotment shall be made in favour of the highest bidder at the premium
mentioned in the tender form.
2. The allotment shall be on long term leasehold basis.
3. In addition to premium amount the allottee/ purchaser will be required to pay ground rent
@ Re. 1/- P.A. for the first three years and thereafter @ 2½ % of the premium in case of
vacant plots and @ 2½ % in case of Built up properties w.e.f. the date of taking over the
possession. Ground rent shall be revised after every thirty years.
4. Tender document can be obtained from the office of Addl. Dy. Commissioner, Land & Estate
Department, North DMC, 7th Floor, SPM Civic Centre, J.L. Nehru Marg, New Delhi - 110002
on payment of Rs. 500/- as cost of Tender form or can be downloaded from the MCD’s
website www.mcdonline.gov.in and to pay the cost of tender documents while submitting
the tender form at the same address.
5. Earnest money @ 10% of the Minimum Reserve Price is payable along with tender form in
the form of Bank Draft in favour of “Commissioner, North DMC”.
Details of properties
Details of vacant Plots/Flats(Quarters)/Shops/offices space etc. for sale/allotment on long term
lease hold basis
S.No.
1.
2.
3.
4.
Shop No. &
Location
Size
Other Prime
properties in
nearby area &
other description
Sale by
Minimum
Tenders
Reserved Price
on
Leasehold
Basis
99 Yrs.
12, 00,00,000/-
Amount of
Earnest
Money
Vacant Plot No.
A-1/1
Naniwala Bagh
Commercial
Complex
Azadpur, Delhi
Vacant Plot No.
D-3
Karam Pura,
Commercial
Complex, Near
Moti Nagar
Vacant Plot No.
D-4
Karam Pura,
Commercial
Complex, Near
Moti Nagar
72’ x 72’
481.60 sq.
mtr
Near Azadpur
Metro Station, on
Prime Location
three side open
48’ x 48”
214.04 sq.
mtr
Near Milan
Cinema & Near
D.L.F. Commercial
Complex on
Najafgarh Road
99 Yrs.
5,00,00,000/-
50,00,000/-
48’ x 48”
214.04 sq.
mtr
Near Milan
Cinema & Near
D.L.F. Commercial
Complex on
Najafgarh Road
99 Yrs.
5,00,00,000/-
50,00,000/-
Quarter No. 3
(Residential)
Nimri Colony
Vacant
(Ground
Floor) Two
Near Ashok Vihar
Phase III & Bharat
Nagar, Deep
99 Yrs.
75,00,000/-
7,50,000/-
1,20,00,000/-
5.
6.
7.
8.
9.
10.
11.
Phase-I where
ownership rights
were transferred
in favour of
allottees – MCD
employees.
Quarter No. 275
(Residential)
Nimri Colony
Phase-I where
ownership rights
were transferred
in favour of
allottees – MCD
employees.
Quarter No. 276
(Residential)
Nimri Colony
Phase-I where
ownership rights
were transferred
in favour of
allottees – MCD
employees.
Quarter No. 639
(Residential)
Nimri Colony
Phase-I where
ownership rights
were transferred
in favour of
allottees – MCD
employees.
roomed set
62.26 Sq. mtr
Chand Bandhu
Hospital
Vacant
(Ground
Floor) Two
roomed set
with ample
open 62.26
Sq. mtr
Near Ashok Vihar
Phase III & Bharat
Nagar,Deep Chand
Bandhu Hospital
99 Yrs.
75,00,000/-
7,50,000/-
Vacant (First
Floor) Two
roomed set
with roof
rights 62.26
Sq. mtr
Near Ashok Vihar
Phase III & Bharat
Nagar, Deep
Chand Bandhu
Hospital
99 Yrs.
70,00,000/-
7,00,000/-
Vacant
(Ground
Floor, Corner)
62.26 Sq. mtr
Near Ashok Vihar
Phase III & Bharat
Nagar, Deep
Chand Bandhu
Hospital
99 Yrs.
75,00,000/-
7,50,000/-
Premises No.
III/692 at Fateh
Puri, Delhi110006.
Gali Chhatta Jan
Nisar, Church
Mission Road,
Fateh Puri
Premises No.
1002
Kucha Natwa,
Chandni Chowk
Delhi-110006.
Behind Town
Hall Press
Building, Near
Old Delhi Rly.
Station
Office Unit No.
202 at
1st Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Partly builtup
116 Sq. Meter
Near Old Delhi
Railway Station &
Fateh Puri Chowk
at Prime Location
99 Yrs.
2,07,05,400/-
20,70,540/-
76.10 sq. mtr
Near Chandni
Chowk Metro
Station, at a Prime
Location
commercial hub.
Two side open
vacant plot
99 Yrs.
2,00,00,000/-
20,00,000/-
205.08
Sq.Feet or
19.05 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
25,00,000/-
Office Unit No. 203
at 1st Floor
Municipal Market,
Saraswati Marg,
Karol Bagh, Delhi-5
203.58
Sq.Feet or
18.91 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
25,00,000/-
2,50,000/-
2,50,000/-
12.
13.
14.
15.
16.
17.
18.
19.
20.
Office Unit No.
204 at 1st
Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
302 at 2nd
Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
303 at 2nd
Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
304 at 2nd Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
154.26
Sq.Feet or
14.33 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
20,00,000/-
2,00,000/-
1374.80 sq.ft
or
127.72 sq.
mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
1,60,00,000/-
1,60,000/-
1518.73 sq.ft
or
141.09 sq.
mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
1,75,00,000/-
17,50,000/-
672.05 sq. ft
or
62.43 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
80,00,000/-
8,00,000/-
Office Unit No.
305 at 2nd Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
401 at 3rd Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
402 at 3rd Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
403 at 3rd Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
501 at 4th Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
449.88 sq. ft
or
41.79 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
55,00,000/-
5,00,000/-
449.88 sq. ft
or
41.79 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
50,00,000/-
5,00,000/-
449.88 sq. ft
or
41.79 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
50,00,000/-
5,00,000/-
1518.73 sq. ft
or
141.09 sq.
mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
1,60,00,000/-
16,00,000/-
596.48 sq. ft
or
55.41 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
70,00,000/-
7,00,000/-
21.
22.
23.
24.
Office Unit No.
502 at 4th Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
503 at 4th Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
504 at 4th Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
Office Unit No.
505 at 4th
Floor
Municipal
Market,
Saraswati Marg,
Karol Bagh,
Delhi-5
1374.80 sq. ft
or
127.72 sq.
mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
1,45,00,000/-
14,50,000/-
1518.73 sq. ft
or
141.09 sq.
mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
1,50,00,000/-
672.05 sq. ft
or
62.43 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
70,00,000/-
7,00,000/-
449.88 sq. ft
or
41.79 sq. mtr
On Desh Bandhu
Gupta Road, Near
Gaffar Market,
Karol Bagh at
Prime Location
60 years
45,00,000/-
4,50,000/-
15,00,000/-
Schedule of tender process:
1.
2.
3.
4.
Sale of tender documents 7th Floor,
SPM Civic Centre, JLN Marg, New
Delhi
Pre-bid meeting at Conference Room
5th Floor, E-Block, SPM Civic Centre,
JLN marg, New Delhi
Last dated of submission of tender:
L&E Deptt., 7the Floor, SPM Civic
Centre, JLN Marg, New Delhi
Date of opening of tenders at the
same place.
Form 20/02/2015 to 09/03/2015
upto 03.00 P.M.
05/03/2015 from 11.00 A.M to 01.00
P.M
11/03/2015 from 10.00 AM to 01.00
P.M
11/03/2015 at 02.00 P.M
Note – Incomplete tenders without Earnest Money etc. shall not be entertained
and will be liable to be rejected summarily.
Sd/(S.S. Rana)
Addl. Dy. Commissioner(L&E)
NIT No.________L&E(N) Dt. _______________
TENDER FORM NO. ____________
Cost Rs. 500/-
( LEASE HOLD BASIS )
NORTH DELHI MUNICIPAL CORPORATION
(LAND & ESTATE DEPARTMENT)
7th Floor, S.P.M. Civic Centre, Minto Road, New Delhi-110002
Ph. No. 011-23225711
To
The Commissioner,
North Delhi Municipal Corporation.
Civic Centre, New Delhi
Sub:-
Tender for allotment/sale of Plots/Built up property ; Shop/Stall/Kiosk/Office Unit/Office-cum-Show Room bearing
No. _________________ at ___________________ floor in ____________________________Market/ Building
__________________on leasehold basis.
Sir,
With reference to your advertisement for inviting tenders for the above, I/we offer as under:1.
No. of the Plot/Built up property/Shop/Stall/Kiosk/Office
Unit/Office cum-Show Room for which Tendered
Item No. _______________ Plot/Unit No._____________
Location_________________ Floor___________________
2.
Premium offered (in round figures & words pasted
transparent cello tape on it).
Rs. ____________________________________ (in figure)
Rs. ____________________________________________
_______________________________________(in words)
3.
4.
Details of Bank Draft towards tender cost in favour of
Commissioner North DMC (if downloaded from website.
Details of Bank Draft in favour of Commissioner, North
DMC, representing earnest money is enclosed:-
date _____________ Bank/Branch___________________
(a) Name of Bank & address
_______________________________________________
_______________________________________________
(b) Number & date of Bank Draft
_________________________________________________
(c) Amount of Bank Draft
5.
Particulars of Tenderer/Bidder in case of individual:
(a) Name of the applicant (in Block letter)
_______________________________________________
(d) Complete residential address
(e) Permanent residential address
_______________________________________________
Res/Office__________________ Mob ________________
E-mail address.
_________________________________________________
_______________________________________________
(g) Telephone No.
In case of Firm/Company/Private Ltd. Company/Cooperative Society etc. :
(a) Name of the Firm/Company/Private Ltd. Company/
Co-operative Society
_______________________________________________
(c) Present address
_______________________________________________
(d) Permanent address
Office___________________ Mob __________________
(e) E-mail address.
(f)
_______________________________________________
Telephone No.
Trade
proposed
to
Plots/Shop/Kiosk/Stall/Office
Room.
_______________________________________________
_______________________________________________
(b) Name of Proprietor/Partner
7.
_______________________________________________
_______________________________________________
(c) Father's Name
(f)
_______________________________________________
_______________________________________________
(b) Age (proof to be submitted)
6.
Amount ____________ Draft No. ________________
be
run
in
Unit/Office-cum-Show
(Note :- Dangerous, offensive, nuisance-creating trades will not be allowed.
I/we the undersigned, hereby submit tender/bid on my/our behalf/on behalf of the tenderer/bidder named to the Commissioner,
North Delhi Municipal Corporation for the allotment of above said Plot/Built up property/Shop/Kiosk/Stall/Office Unit/Office-cum-Showroom on lease hold basis under the terms and conditions of the lease deed by tender/bid of such rights which I/we have read and understood
and hereby accept/which are acceptable to the tenderer/bidder. I/we tenderer/bidder will pay the premium as per terms and conditions and
the ground rent as decided regularly and complete the lease deed in the form enclosed in accordance with the said conditions. I/We
understand that decision of the Commissioner, North Delhi Municipal Corporation is final and binding.
Date __________
Place _________
Signature of the tenderer/bidder
on his/her behalf/on behalf of the
tenderer/bidder above named
NORTH DELHI MUNICIPAL CORPORATION
( Land & Estate Department )
SALE/ ALLOTMENT OF COMMERCIAL PLOTS BY INVITING SEALED
TENDERS/BIDS
Terms and Conditions for the sale/allotment by inviting sealed tenders/bids by the
North Delhi Municipal Corporation of Commercial plots on perpetual lease hold
basis.
I. Purchaser :1. (i) Any person, group of persons, firm, company or registered Co-op. Society may
purchase lease hold rights in any plot by participating in tenders/bids invited
by the North Delhi Municipal Corporation.
(ii) Where no deed has been registered, the purchaser/allottee shall be
permitted, free of charge, to add, delete or substitute the names of ‘family
members’ which may, where necessary, take the form of a partnership firm
or a private limited company.
2.
As it is necessary in the interest of business/industry to take at times
outsiders also, addition thereof, shall be permitted, on payment of a sum equal to
50% of the premium of the notional share of the incoming person in the plot
calculated at the current pre-determined rate. This would be, however, subject to
the condition that the original purchaser/allottee does not part with the ownership
of the plot.
3.
In order to obviate the possibility of clandestine sale/transfer a clause shall be
added in the deed to the following effect:“ This lease/ sub-lease shall stand automatically terminated if there is any
change in the constitution of the partnership firm/private limited company as on the
date of execution of this deed without the prior approval of the lessor “.
4.
A copy of the partnership deed/memorandum and Article of Association as on
the date of execution of the deed shall be annexed to the deed and names of the
persons constitution partnership firm/private limited company shall be annexed to
the deed and names of the persons constituting partnership firm/private limited
company shall be mentioned in the margin of the deed.
II. Where a deed has been registered:(1) Where a deed has been registered, addition and substitution of family
members shall be allowed without any charge but on execution of a regular
conveyance/gift deed.
(2)
Addition of outsiders shall also be allowed through a conveyance deed but
on payment of 50% of unearned increase of his notional share which shall
be calculated on the basis of current notified circle rate.
(3)
Substitution of the original allottee/purchaser shall be allowed
through a conveyance deed on payment of 50% unearned increase of his
share in the value of the plot which would be calculated at the current
notified circle rate.
(4) In case where applicable, the applicant shall furnish a certificate u/s 26 or
27 of the U.L.C.R. Act, as the case may be, before his request is
considered.
(5) Conveyance Deed executed for purpose of addition/substitution shall
contain the following condition:“ That the parties to the conveyance deed have jointly and severally given
an undertaking to Shri………………………………………………………… vide registered deed
dated ………………………. In which interest is now being transferred by this deed shall
stand automatically terminated if there is any change in the name of the lease/sublease/constitution of the partnership firm/private limited as on the date of
execution of the deed without the prior approval of the lessor. This undertaking is
agreed to be treated by the lessor and the lessee/sub-lessee as one on the
conditions of the lease mentioned in the original deed dated ………………..”.
All changes shall be incorporated in office record through mutations.
GENERAL
1.
Exemptions granted u/s. 20 or allotment made u/s 23 of the U.L.C.R. Act shall
mutatis mutandis apply to the informing person(s) of a partnership firm or a private
limited. Incoming person(s) shall however, be liable to submit returns u/s 15 of the
U.L.C.R. Act where applicable.
2. (i) In all such cases affidavit shall be obtained from the original
allottee/lessee/sub-lessee/purchaser that the person sought to be
include in the lease is within the degree of relationship indicated by him;
(ii)
An affidavit shall also be taken from the persons sought to be included in
the lease-deed that was eligible for such inclusion at the time of
allotment/purchases of the and in question by the original allottee/
purchaser and continues to be so i.e., he or his wife or his dependent
relations including unmarried children do not own in full or part any
industrial/commercial plot of land on lease-hold or freehold basis in
Delhi/New Delhi, Delhi Cantonment;
(iii) An indemnity bond shall also be filled by both the parties indemnifying the
lessor against any claim or loss arising out of the change in the status of the
lease/sub-lease;
(iv) In the affidavits and indemnity bonds to be submitted by the concerned
parties their income tax index numbers shall be mentioned and intimation
of such changes would be sent to the Income Tax Authorities.
3.
If the purchaser/allottee dies before the execution of the deed his legal heirs
would be entitled to have the document registered in their favour, but in case
of dispute the deed would be registered according to a decision of the Court.
4.
Where an allottee/purchaser dies after the registration of a deed his legal
heirs would be brought on record through mutation land no fresh deed shall
be executed.
5.
Where a family member relinquishes his share in the property of the
deceases, relinquishment deed shall have to be registered if the deceased had
acquired a right in the property during his life time.
6.
Allottee/purchaser alongwith his associates shall be allowed to mortgage the
plot not only for construction purposes but also to purchase machinery and to
raise seed-capital needed for running the business.
7.
The term ‘family member’ mean the allottee’s husband/wife, father, mother,
sister, brother, son, daughter, grandson/grand-daughter, wife of the
son/grand-son, son-in-law or husband of grand-daughter (for the purpose of
this definition grand-son/grand-daughter means a son or a daughter’s child).
In cases where the allottee has no family of his own, the family members will
mean his heirs as defined in the law of succession applicable to him.
8.
In case the applicant has obtained any concession/loan/benefit from the
Directorate of Industries, Delhi Administration or the Delhi Finance
Corporation, the applicant will obtain no objection certificate from that
department. An affidavit to the effect that he has obtained non
concession/loan/benefit from the department of industries should be
furnished in case he does not produce clearance from that department.
II. Tender process etc.:1. The Tender Opening Committee may without assigning any reason cancel the
tender/bid or withdraw any one or more of the plots/units from the notice
inviting tenders/bids.
2. The intending tenderer/bidder shall deposit the earnest money by way of
Bank Draft in favour of the ‘Commissioner, North Delhi Municipal
Corporation’ as mentioned in the prescribed column of the item of the NIT.
This amount will be adjusted in the case of successful bidder and refunded to
the unsuccessful bidder. It shall however, stand forfeited in the case of the
person who backs out of bid and if the bidder breaches any other terms and
conditions.
3. The highest tender/bid shall be subject to acceptance by the Tender Opening
Committee on behalf of the Commissioner, North Delhi Municipal
Corporation who shall have the right to accept or reject the bid without
assigning any reason. Upon rejection of the bid the earnest money will be
refunded without any interest unless the same is forfeited for any reasons.
4. In case of breach of or non-compliance with any of the terms and conditions
of the tenders or wrong information by the tenderer/bidder, the earnest
money shall be liable to be forfeited. The decision of the Tender Opening
Committee in this regard shall be final and binding.
5. All tenderers/bidders are required to pay 10% of the minimum reserve price
as earnest money by way of bank draft of any schedule bank in favour of the
Commissioner, North Delhi Municipal Corporation along with the tender
form. And in case of highest tender/bid the purchaser is required to pay 25%
of the premium mentioned by him (including earnest money already paid
along with the tender form) at the time of submission of acceptance for the
offer of sale/allotment.
6. All tenderers/bidders are required to complete all information in the relevant
columns of the prescribed tender form.
7. Within two months of the acceptance of the offer of allotment to the highest
bidder, the highest bidder shall pay in favour of the ‘Commissioner, North
Delhi Municipal Corporation’ the balance amount i.e. 75% of the rates of bid
in by the way of Bank Draft of the scheduled bank. However, on the
representation of the highest bidder, Commissioner, North Delhi Municipal
Corporation may in his absolute discretion accept the balance amount of the
bid upto 6 months with interest at 15% per annum and beyond 6 months upto
a maximum period of one year with interest at 18% per annum. In case the
highest bidder fails to pay the amount as provided herein, the Commissioner,
North Delhi Municipal Corporation may cancel the bid and forfeit the earnest
money deposited.
III. Ground Rent :1. In addition to the premium referred to above the purchaser of the Lease hold
rights in the plot shall be bound to pay ground rent at annual rate or Re. 1/per plot per annum for the first three years and thereafter at the rate of 21/2% per annum of the premium.
2. The above Ground Rent will be enhanced after every 30 years, provided that
the increase in the rent fixed at each enhancement shall not exceed one half
of the increase in the letting value of the plot, without building at the date on
which the enhancement is due.
IV. Lease deed and other conditions of Lease:1. The terms and conditions of the lease are contained in the prescribed form of
the perpetual lease deed which can be obtained on payment from the office
of the North DMC. The tenderer/bidder shall be deemed to have agreed to all
the terms and conditions contained therein. The bidder shall submit the lease
deed duly stamped by the Collector of Stamps within a period of two months
from the date of payment by him of the balance premium. However, the
Commissioner can in his absolute discretion extend this period of two months
suitably for good and sufficient reasons.
2.
The following are the other main conditions of the Lease:-
(i)
The lessee shall erect within three years of the delivery of the possession of
the plot, a building in accordance with the type, design and other
architectural requirements prescribed by the North Delhi Municipal
Corporation or its Commissioner after obtaining the necessary sanction and in
accordance with the sanctioned building plan and the Municipal Building Byelaws;
(ii)
The plot or building thereon, shall not be used for a purpose other than that
for which the building plots of the scheme are sanctioned;
(iii)
The lessee shall not sub-divide the plot or amalgamate it with any other plot;
(iv)
The lessee shall not transfer the plot before erection of the building thereon
without paying all the Municipal taxes and other dues and the prior
permission of the Commissioner, provided that for effecting of a transfer the
lessee or transferors or purchasers shall be bound to pay the North Delhi
Municipal Corporation 50% of the unearned increase in the market value of
the plot (i.e. the difference between the premium paid on the market value)
at the time of such transfer. The decision of the Commissioner as regards the
quantum of the unearned increase in market value of the plot as aforesaid
shall be final and binding on the lessee;
(v)
The lessee may sublet the whole or part of the building that may be erected
upon the plot for the purposes specified in the terms and conditions of the
original lease deed. The lessee may also with prior permission of the
Commissioner in writing sell or transfer the floor space constructed on the
plot. The written permission shall be granted on payment of Rs. 100/- in the
first case of sale/transfer subsequent to the first, sale of the floor space/unit,
the permission of the Commissioner shall be required which will be given by
the Commissioner on payment of transfer fee at Rs. 1/- per sq. ft. of the floor
space to be transferred;
(vi) The lessee shall also be responsible after transferring/selling the floor space
to ensure that the transferee/buyer does not violate these terms and
conditions;
(vii) The lessee shall pay all rates, taxes, charges and assessments of every
description payable in respect of the plot;
(viii) If lease of the plot is obtained by misrepresentation of fraud or if there is
breach of any conditions of the lease then the lease will be liable to be
forfeited and the North Delhi Municipal Corporation will be entitled to resume
possession of the plot together with the building if any standing thereon
and the lessee will not be entitled to any compensation;
(ix) All dues payable to the North Delhi Municipal Corporation in respect of the plot
shall be recoverable as arrears of tax under the Delhi Municipal Corporation
Act, 1957;
(x) The lessee may with the previous consent in writing of the Commissioner,
North Delhi Municipal Corporation mortgage or charge the plot in favour of any
person as approved by the Commissioner in his absolute discretion.
V. Cost and Transfer Duties:All costs and expenses of preparation, stamping and registering of the lease
deed and its copies and all other incidental expenses will be borne by the purchaser.
The purchaser will also pay the duty on transfer of immovable property levied by
the North DMC.
VI. Delivery of Possession of Plots:Upon payment of the balance of premium and other amounts referred to
above, the possession of the plot will be handed over to the intending purchaser
and also a ‘No Objection Certificate’ for sanctioning of the building plan by the
competent authority. The lease deed shall have to be got registered subsequently
within reasonable time.
VII. The Commissioner may allow mutual exchange of plots purchased by the
builders and promoters.
VIII. In case underground services like sewer, storm water drain and water lines
are running under compulsory open spaces viz. , set backs, these will remain
Municipal property and the highest bidder will ensure that these are not damaged
during construction of the building as well as thereafter. North Delhi Municipal
Corporation will have every right to redo/repair these service line as and when
required. The highest bidder will also have to permit the connection to/from these
services to the other plot holders as and when approved by the Competent
Authority.
Signature of the Highest tenderer/bidder on his/her
own behalf/on behalf of the intending purchaser
Date……………………….
Place………………………
NORTH DELHI MUNICIPAL CORPORATION
( Land & Estate Department )
PERPETUAL LEASE DEED
This deed of perpetual lease made this ……………….. day of ………………………..... Two Thousand &
Fourteen ………………………….. BETWEEN the NORTH DELHI MUNICIPAL CORPORATION through its
Addl. Dy. Commissioner/Asstt. Commissioner (L&E) duly authorized by the Commissioner under Section
491 of the Delhi Municipal Corporation Act, hereinafter called the LESSOR of the one part and M/s/Sh./Smt.
................................................................................................................................................
……………….......................................................................................................................................... through its
Director
Sh./Smt.
…………………………………………………………………………………………………………………………………
S/o.,W/o……………………………………………………………..………………………
Address…………….…………………………………
………………………………………………………………………………………………………………………………………hereinafter
called
the LESSEE of the other part.
WHEREAS tenders were opened on _____________ for the sale of lease hold rights of the plot of
land hereinafter described belonging to the LESSOR MCD now, North Delhi Municipal Corporation.
AND WHEREAS the bid of the LESSEE having been the highest accepted, and having paid the
premium of Rs. ______________/- ( Rupees in words ___________________________________Only), is
entitled to grant of perpetual lease of the said plot.
NOW THE INDENTURE WITNESSETH :-
I.
That in consideration of the premium of Rs. ____________/- ( Rs. ______________Only), paid by
the LESSEE, the receipt whereof the LESSOR HEREBY ACKNOWLEDGES AND OF THE RENT HERE in
after reserved and the covenants on the part of the LESSEE here in after contained the LESSOR
BOTH hereby demise on to the LESSEE ALL THAT plot of land No. _____________________, Block
No. _____________________ Delhi-__________. in the layout plan of _____________, containing
by admeasurement an area ______________ _____________ or there about situated at
_______________, Delhi more particularly described in the Schedule-I hereto and for greater
clearness delineated on the plan annexed hereto and thereon show with its boundaries colored red
and hereinafter referred to as the plot “TOGETHER with all rights, assessments and appurtenances
to HOLD the same in perpetuity from ______ day of ________ Two Thousand
_____________________ (Date of possession) YIELDING AND PAYING therefore yearly rent in advance
at the rate of Re. 1/- per annum for the first three years and thereafter at the rate of two and a half
per cent of the amount of the premium or such other enhanced rent as may be assessed hereafter
under the covenants and conditions hereinafter contained clear of all deductions on or before the
fifteenth day of July in every year at the office of Land & Estate Department, North Delhi Municipal
Corporation presently at 7th Floor SPM Civic Centre, Minto Road, New Delhi-110002 or at such
other place or places as may be notified by the LESSOR from time to time for this purpose, subject
always to the exceptions, reservations, covenants and conditions hereinafter contained.
II.
The
LESSEE
makes
the
following
covenants
with
the
LESSOR
:-
(1). The LESSEE shall pay to the LESSOR the yearly rent hereby reserved on the days and in the
manner herein before provided ;
(2). The LESSEE shall not deviate in any manner whatsoever from the layout plan nor alter the size
of the plot whether by sub-division, amalgamation or otherwise, unless specifically permitted to do
so by the LESSOR;
(3) (a) The LESSEE was required to, within a period of three years from the date hereof which
period shall be the essence of the contract erect upon the plot and complete in a substantial and
workman-like manner a commercial building in accordance with the type, design and other
architectural requirements prescribed by the LESSOR OR ITS Commissioner after obtaining the
necessary sanction thereafter and in accordance with the sanctioned building plan and the
Municipal Building Bye-Laws and also provide proper sewers, drains and other conveniences in
accordance with the sanctioned building plan to the satisfaction of the Municipal and other
authorities appointed under the law;
(b) The LESSEE shall observed the architectural restrictions provided in the Drawings No.
_______________________________ annexed here to as scheduled in the construction of the
building on the plot;
(4) (a) The LESSEE was not to/shall not sell, transfer, assign or otherwise part with the possession of
the whole or any part of the plot before erection of the building thereon, except with the previous
permission in writing of the LESSOR or its Commissioner which may be declined or granted with or
without conditions;
PROVIDED THAT in the event of the permission being given the LESSEE was to/shall be
bound to pay to the LESSOR FIFTY PER CENT of the unearned increase in the market value of the
plot i.e., the difference between the premium paid and the market value at the time of the such
transfer. The decision of the LESSOR in respect of the market value was/shall be final and binding;
PROVIDED FURTHER that the LESSOR shall have the pre-emptive right to purchase the
property after deducting fifty per cent of the unearned increase as afore-said :(b) The LESSEE may sub-let the whole or part of the building that was to be erected upon the
plot for the purposes specified in the terms and conditions of the tender/sale. The LESSEE may also
with prior permission of the Commissioner in writing sell or transfer the floor space constructed on
the plot. The written permission shall be granted on payment of Rs. 100/- in the first case of
sale/transfer provided such a transaction does not violate the said terms and conditions. For
sale/transfer subsequent to the first sale of the floor space/unit, the permission of the
Commissioner shall be required which will be given by the Commissioner on payment of transfer
fee at Re. 1/- per sq. ft. of the floor space to be transferred ; the LESSEE shall also be responsible
after transferring/selling the floor space to ensure that the transferee/buyer does not violate these
terms and conditions;
(c) Notwithstanding anything contained in Sub-Clause (a) above, the LESSEE may, with the
previous consent in writing of the LESSOR MORTGAGE or charge the plot to such person as may be
approved by the LESSOR in the absolute discretion;
PROVIDED THAT, in the event of the sale or fore-closure of the mortgage or charged
property, the LESSOR SHALL BE ENTITLED to recover the 50% of the unearned increase in the value
of the plot as mentioned in Sub-Clause (a) above which shall be first charge on the property and
the decision of the LESSOR or its Commissioner about the market value of the plot shall be final and
binding on all the parties concerned;
PROVIDED FURTHER that the LESSOR shall have the pre-emptive right to purchase the
mortgaged or charged property after deducting 50% of the unearned increase as aforesaid;
(5) The LESSOR’s right to the recovery of 50% of the unearned increase and the pre-emptive right
to purchase the property as mentioned herein before shall apply equally to and involuntary sale or
transfer whether it be by or through an executing or insolvency court ;
(6) The LESSEE shall not use the plot or the building constructed thereon or allow the same to be
used for purpose other than that for which the building plans are sanctioned;
(7) Whenever the title of the LESSEE in the plot is transferred in any manner whatsoever the
transferee shall be bound by all the covenants and conditions contained herein provided that the
transfer or as well as the transferee shall be bound to give notice of such transfer in writing to the
LESSOR within three months of the transfer;
In the event of death of the LESSEE the person on whom the title of the deceased devolves shall,
within three months of the said devolution, give notice thereof to the LESSOR;
(8) The LESSEE shall from time to time and at all times pay and discharge all rates, taxes, charges
and assessments of every descriptions payable to the LESSOR in respect of the plot and the building
which was to be erected thereupon;
(9) All dues payable to the LESSOR in respect of the plot shall be recoverable as arrears of tax under
the Delhi Municipal Corporation Act;
(10) The LESSEE shall in all respects comply with and bound by the Building Bye-Laws and other
Bye-laws of the Municipal Corporation and other authorities in so far as they may be applicable to
the plot and the building constructed thereon;
(11) The LESSEE shall not without sanction or permission in writing of the appropriate Municipal or
other authorities make any alteration to the building erected on the plot;
(12) The LESSEE shall not without the written consent of the LESSOR CARRY on or permit to be
carried on, on the plot or in the building thereon any trade or business or manufacture, which in
the opinion of the LESSOR may be noisy, noxious or offence or do or suffer to be done by act or
thing whatsoever which in the opinion of the LESSOR or its Commissioner may be a source of
nuisance ;
(13) The LESSEE shall at all reasonable time grant access to the plot to the LESSOR or his
representatives for being satisfied that the covenants and conditions contained herein have been
and are being complied with;
(14) The LESSEE shall upon determination of this lease peaceably yield up the said plot and the
building thereon upto the LESSOR;
(15) The LESSEE shall at all time during the continuance of this lease keep the building on the plot
of land in a good and substantial state of repair to the satisfaction of the LESSOR or its
Commissioner or any other officer duly authorized by him in this behalf;
(16) This lease shall stand automatically terminated if there is any change in the constitution of the
partnership firm/private limited company as on the date of execution of this deed without the prior
approval of the lessor;
(17) A copy of the partnership deed/memorandum and Article of Association as on the date of
execution of the deed shall be annexed to the deed and names of the persons constituting
partnership firm/private limited company shall be mentioned in the margin of the deed;
(18) Where a deed has been registered, addition and substitution of ‘family members’ shall be
allowed without any charge but on execution of a regular conveyance/gift deed;
(19) Addition of outsiders shall also be allowed through a conveyance deed but on payment of 50%
of unearned increase of his notional share which shall be calculated on the basis of current predetermined rate;
(20) Substitution of original allottee/auction purchaser shall be allowed through a conveyance deed
on payment of 50% unearned increase of his share in the value of the plot which would be
calculated at the current market value;
(21) In case where applicable, the applicant shall furnish a certificate u/s 26 or 27 of the U.L.C.R.
Act, as the case may be, before his request is considered;
(22) conveyance deed executed for the purpose of addition/substitution shall contain the following
conditions:“That the parties to the conveyance deed have jointly and severally given an undertaking to
Shri/Smt. M/s.……………………………………………………………….…………………..……… vide registered deed
dated………………………………..…… in which interest is now being transferred by this deed shall stand
automatically terminated if there is any change in the name of the lessee
/sublessee/constitution of the partnership firm/private limited Company as on the date of execution of
the deed without the prior approval of the lessor. This undertaking is agreed to be treated by the
LESSOR and the LESSEE/Sub-LESSEE as one of the conditions of the lease mentioned in the original
deed dated……………………………………”
All changes shall be incorporated in office record through mutations.
III.
If the yearly rent hereby reserved or any part thereof shall at any time be in arrear and unpaid
for one calendar/month next after any of the days whereon the same shall have been
demanded or not or if it is discovered that this lease has been obtained by suppression of any
material fact, mis-statement, mis-representation or fraud or if there shall have been in the
opinion of the LESSOR or its Commissioner whose decision shall be final, any breach by the
LESSEE or any person claiming through or under him of any of the covenants or conditions
contained herein above and in any such case, notwithstanding the waiver of any previous
clause, this lease shall cease and stand determined and the LESSOR shall have the right to reenter upon and take possession of the plot and the building standing thereon and the LESSEE
shall not be entitled to any compensation whatsoever not even to the return of any premium
paid by him.
PROVIDED that, notwithstanding anything contained herein to be contrary, the LESSOR may
without prejudice to its right of re-entry as aforesaid, and in his absolute discretion, wave or
condone any breach, temporarily or otherwise on receipt of such amount, and on such terms
and conditions as may be determined by him and may also accept the payment of the rent
which shall be in arrears as aforesaid together with interest at the rate of……18……per cent per
annum.
IV.
No forfeiture or re-entry shall be effected until the LESSOR has served on the LESSEE a notice in
writing :(a) Specifying the particular breach complained of, and
(b) If the breach is capable of remedy, requiring the LESSEE to remedy the same and the LESSEE
fails within such reasonable time as may be mentioned in the notice to remedy the breach if it
is capable of remedy and in the event of forfeiture or re-entry the LESSOR may at its discretion,
relieve against forfeiture on such terms and conditions as he thinks proper.
Nothing in this clause shall apply to forfeiture or re-entry for breach of covenants and conditions
relating to sub-division, amalgamation, erection and completion of building within the time provided
therefore and the transfer of the plot as mentioned in Clause-II, or in case this lease has not been
obtained by suppression of any fact, mis-statement, mis-representation or fraud.
V.
The rent hereby reserved shall be liable to be enhanced with effect from the
_______________________________________ ( _________________ ) and thereafter at the
end of such successive period of thirty years provided that the increase in the rent fixed at each
such enhancement shall not exceed one half of the increase in the letting value of the plot
without building on the date on which the enhancement is due and such letting value shall be
assessed by the LESSOR or its Commissioner.
VI.
In the event of any dispute or difference arising under these presents or in connection
therewith (except as to any matters the decision of which is specially provided for by these
presents), the same shall be referred to the sole arbitration of any person appointed by the
Commissioner of the LESSOR.
VII.
All notices, orders, directions, permissions, consents on approvals to be given under this lease
shall be in writing and shall be by such officer as may be authorized by the Commissioner of the
LESSOR AND shall be considered as duly served upon the LESSEE or any person claiming under
him if the same shall have been delivered at or sent by post to the then residence, office or
place of business of the LESSEE or such person or affixed on the plot or the building erected
thereon.
VIII.
All powers exercisable by the LESSOR under this lease may be exercised by its Commissioner
who may also authorize any other officer or officers to exercise all or any of the power
exercisable by him.
IX.
In this lease, the expression the Commissioner means the Commissioner of the MCD (now
North Delhi Municipal Corporation) for the time being or, in case his designation is changed or
his office is abolished the officer who for the time being is entrusted whether or not in addition
to other functions, with the functions similar to those of the Commissioner by whatever
designation such officer may be called. The said expression shall further include such officer as
may be designated by the LESSOR to perform the function of the Commissioner under this
lease.
X.
The expression ‘THE LESSOR’ and the ‘LESSEE’ hereinbefore used shall where the context so
admits include in the case of LESSOR, his successors and assigns, and in the case of LESSEE his
heirs, executors, administrators or legal representatives and the person or persons in whom
the lease-hold interest hereby created shall for the time being be vested by devolution
assignment or otherwise.
XI.
In case underground services like; sewer, storm water drain and water lines are running under
compulsory open spaces viz. set-backs, these will remain Municipal property and the lessee will
ensure that these have not been damaged during construction of the building as well as
thereafter. North Delhi Municipal Corporation and other concerned departments will have
every right to relay/repair these service lines as and when required. The lessee will also have to
permit the connection to/from these services to the other plot holders as and when approved
by the Competent Authority.
In witness where of Shri…………………………………………………….…, Addl. Dy. Commissioner/Assistant
Commissioner (Land & Estate Department) North Delhi Municipal Corporation for and on behalf of the
LESSOR
has
hereunto
set
his
hand
and
Shri/Smt.…………………………………………………………………………………………………..
Director M/s. ___________________________. for and on behalf of the LESSEE has hereunto set his
hand on the day and year first above written.
THE SCHEDULE-I ABOVE REFERRED TO
All that plot of land being the plot No. _____________________ Commercial Complex, _____________,
Delhi-___________ shown the layout plan of _____________________Commercial Commercial Complex,
________________, Delhi-110033 sanctioned by the Standing Committee of the Municipal Corporation of
Delhi vide Resolution No. 374 dated 25-07-1968 and Measuring ____x ____ or thereabouts bounded as
follows :North……………………………………….
East………………………………………….
South……………………………………….
West………………………………………..
And shown in the annexed plan and marked with its boundaries.
THE SCHEDULE-II ABOVE REFERRED TO
Signed by Shri/Smt.……………………………………
…………………………………………………………………..
S/o.,W/o……………………………………………………,
Director, on behalf of the Company
M/s. ………………………………………………………..
……………………………………………………………
( Sign. on behalf of LESSEE)
Signed by Shri ………………………………………………………………
Addl.Dy.Commissioner/Assistant Commissioner ( L&E
Deptt.) North DMC
In exercise of the powers of the Commissioner,
North Delhi Municipal Corporation for and on behalf of
the LESSOR.
( Sign. on behalf of LESSOR)
In the presence of Witnessees:-
(1) Shri..…………………………………………………………………………………………………………………………………………………
………..…………………………………………………………………………………………………………………………………….
(2) Shri……………………………………………………………………………………………………………………………………..……………
……………………………………………….………………………………………………………………………………………………
NORTH DELHI MUNICIPAL CORPORATION
( LAND & ESTATE DEPARTMENT )
Terms and Conditions for the sale/allotment of Built up properties i.e.
Shops/flats/godown/office
accommodation
on
leasehold
basis
by
the
North Delhi Municipal Corporation through inviting tender/bids.
1. Eligibility and terms of tender/bid:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
(a) Any individual who is not a minor may participate in tender/bid. An
individual may also participate on behalf of his employer or on behalf of the
persons who formally and legally authorize him to do so.
(b) Substitution or inclusion of name of son, daughter, wife or husband,
mother, father brother, sister, grand-son, or granddaughter will be allowed if
the intending purchaser represents to do so before the execution of lease-deed.
Any business concern, Mill Company, bank, institution, society, corporation
etc can participate in tender/bid through its authorized representative.
Every bidder shall have to fill up all details in the prescribed columns as
required in the tender form.
The Land & Estate Department of North Delhi Municipal Corporation may
without assigning any reasons, withdraw all or any one or more of the
flats/godown/office accommodation etc. from the notice inviting tender at any
stage.
The tender/bid shall be for the price of the superstructure including the
proportionate premium for the perpetual lease hold rights of the plot of land on
which the superstructure stands.
The amount of premium shall be fixed and separated from the total bid
of the highest bidder by the Commissioner or the officer authorized by
him in this behalf, in order to work out the cost of land for calculating
the ground rent.
All tenderers/bidders are required to pay 10% of the minimum reserve price as
earnest money by way of bank draft of any schedule bank in favour of the
Commissioner, North Delhi Municipal Corporation along with the tender form.
And in case of highest tender/bid the purchaser is required to pay 25% of the
premium mentioned by him (including earnest money already paid along with
the tender form) at the time of submission of acceptance for the offer of
allotment.
The highest bid shall be subject to acceptance of the Commissioner, North
Delhi Municipal Corporation. The highest bid may be rejected without
assigning any reasons.
In case of default, breach or non-compliance of any of the terms and
conditions of the tender/bid or mis-representation of the Bidder or intending
purchaser, the earnest money shall be forfeited provided that the
Commissioner may refund on compassionate grounds, and in exceptional
circumstances, such as the death of the earning member, serious illness or
loss of job, a portion or whole of Earnest Money with or without any condition.
(a) When the highest tender/bid is accepted by the Commissioner, North Delhi
Municipal Corporation the intending purchaser shall be informed in writing
and he shall within 30 days from the date of issue of the letter communicating
the approval of the bid pay to the North Delhi Municipal Corporation the
balance 75% of the amount of bid together with the ground rent in the form of
bank draft in favour of the Commissioner, North Delhi Municipal Corporation.
If the last date on which this amount falls due for payment happens to be a
Sunday or Holiday, the payment shall be made on the next working day.
(b) Extension upto 6 months beyond the expiry of due date for payment can be
allowed on representation giving sufficient reason by the highest bidder/tender
provided he/she agrees to pay interest @ 15 % P.A on the amount of delay
payment and 18% per annum beyond six months and upto one year.
xi.
Consequent upon acceptance of highest tender, the earnest money of
remaining will be refunded to the intending tenderers/bidders without any
interest provided the earnest money is not forfeited.
2. Ground Rent:
(i)
The ground rent at the rate of 2.5% of the amount of the premium quoted
for the property will be payable in advance annually in addition to the
highest bid amount mentioned in the tender form.
(ii)
The ground rent will be enhanced after every 30 years provided that the
interest in the rent fixed at each enhancement shall not at each such time
exceed one half of the increase in the letting value of the plot.
3. Conveyance Deed and Lease-Deed.
(i)
(ii)
(iii)
The highest tender/bidder shall execute the lease deed in the form
prescribed by the Commissioner, North Delhi Municipal Corporation and
get the same register at his/her cost. A Copy of the lease-deed form is
enclosed.
A Conveyance deed for the superstructures (Shops/flats/godowns) shall be
executed and got registered in favour of the intending purchaser at his/her
cost.
The intending purchaser shall submit the lease deed duly stamped from the
collector of stamps within a period of one month from the date of payment
of the balance premium.
4. Cost of transfer duties.
The cost and expenses of preparation, stamping and registering the
conveyance deed and the lease deed and its copies and other incidental
expenses will be paid by the indenting purchaser. The intending purchaser
will also pay the duty on transfer of immovable property levied by the North
Delhi Municipal Corporation or any other duty or charges that may be
levied by any other authority.
4.(a)
Determination of lease:
Violation of any clause of the lease-deed will lead to the cancellation of lease. In
such events of land and superstructure will automatically come under the control and
owned by the lessor without any payment of compensation or cost and the lessee will
have no claim on this account from the lessor. In case of compromise the lessor may
restore the possession with or without any condition.
5. Delivery of Possession of Shop /Flat/Godown etc:
After the payment of the full amount of premium as mentioned in the tender form at
any other amounts payable under these conditions and the execution of the aforesaid
deeds and duly registered, the possession will be handed over to the intending
purchaser.
6. Maintenance & Upkeep of common Portions & Services:
(i)
(ii)
(iii)
(iv)
For maintenance and upkeep of common portions and services in the biding all
the successful purchasers of shops/flats/godowns etc., on the basis of highest
bid and its acceptance shall constitute themselves into a Registered Agency.
Every purchaser shall enroll himself as a member of the Registered Agency as
provided in these terms and conditions.
No purchaser shall be handed over possession of the shops/flats /godowns
until he/she enroll as a member of the Registered Agency.
The Registered Agency shall be responsible at its own cost for carrying out
repairs and maintenance of common portions and services to the satisfaction
of the Commissioner, North Delhi Municipal Corporation provided that in the
case of failure in the discharge of such responsibilities on the part of the
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
Registered Agency, the North Delhi Municipal Corporation may undertake to
discharge these and expenses thus incurred by the North Delhi Municipal
Corporation (whose decision as to the amount of such expenses shall be
binding on the Agency) shall be recovered from the members of the Registered
Agency as arrears of land revenue.
The Registered Agency shall be responsible for the maintenance of corridors,
parks, roads drainage, water supply, street lighting etc. within the Bldg. and
the compound.
The Registered Agency shall be responsible for the maintenance upkeep,
running control and regulation for use of common portions and common
services in the building and it shall be the duty of the agency to administer
these common portions and common services in accordance with the
provisions of the relevant agreement. Each purchaser and member of Agency
shallbe liable to pay to the Registered Agency the charges for the purpose as
decided by the North Delhi Municipal Corporation. In case of failure on which
part of the purchaser to make such payment, the North Delhi Municipal
Corporation shall be power to recover such amount from the Agency.
The constitutions of the Agency and bye-laws governing its functions shall be
such as approved by the Commissioner, North Delhi Municipal Corporation.
The Agency shall make an application to the Commissioner, North Delhi
Municipal Corporation for registration under these terms and conditions. The
Commissioner, after he has fully satisfied himself that the constitution of
Agency is in consonance with these terms and conditions, shall register the
Agency and issue a certificate of registration to the agency and a certificate of
membership to each constituent.
No sale agreement/lease deed or other document shall be executed with the
Agency or purchaser unless the Agency is registered with the Corporation and
the purchaser have become the members of the Agency.
The Commissioner or its authorized agent will as soon as possible after the
constitution of the agency call a meeting of the agency for electing its
President, Vice president , Secretary, Treasurer and one member who shall
constitute the Managing Committee of the Agency.
The Agency as soon as but not later than 30 days from the date of its
registration execute an agreement with regard to the common portions and
common services with the Corporation.
The agency and each of its constituent members shall be responsible for
ensuring that :(a) No damage or deterioration to the property handed over in terms of the
agreement under these terms and condition is caused.
(b) No installation or equipment connected with or provided as part of Watersupply, sewerage, storm-water drainage, electricity or other services shall
be tampered with.
(c) No construction within the property shall be made otherwise with the prior
approval of the competent local authority.
(d) No obstruction to the person duly authorized shall be caused so as to
created difficulties, in the discharge of duties in connection with the
matters arising out of management of property.
(e) No obstruction to common portions shall be caused or misuse of the
property shall be made such as following:(i)
occupying common passage, staircases, approaches:
(ii)
throwing garbage or refuse within precinct of the property or outside
it:
(iii)
keeping a vehicle as to obstruct free movement and
(iv)
creating insanitation or nuisance.
(XIII) Liabilities of each constituent member shall be limited to the liability prescribed in
the constitution of the Agency as laid down in these terms and conditions.
(XIV). The Commissioner, North Delhi Municipal Corporation as a registering authority
shall have the power to:
(1) Call for information from the Managing Committee or any constituent member of
the agency in connection with the :(i)
Affairs of the Agency,
(ii)
Management of the housing estate including all shops, plots, common
portions and services.
(iii)
Relations between a constituent member and the agency:
(2) Call an extra meeting of the Managing Committee or of the General Body of the
Agency, if in his opinion such a meeting is necessary of desirable.
(3) Inspect on a complaint being made such records and accounts of the Agency as he
may deem fit:
(4) Issue any directive for securing the efficient functioning of the affairs of the agency
or management of the Housing Estate: as the case may be which shall be binding
on the Agency;:
(5) Revoke the registration of the Agency for good and sufficient reasons.
(XV) Any dues payable to the North DMC by the Agency or its constituent members
shall be recovered by the North Delhi Municipal Corporation under provisions of the
DMC Act, 1957.
(XVI) If any dispute or difference of opinion arises between the President of the
Managing Committee or the Managing Committee and a constituent member or amongst
member of the Managing Committee or amount the member themselves or between any
party connected with the property by which the Agency and constituent members are
concerned in terms of agreement with Authority such dispute or differences of opinion
shall be decided by the Commissioner after hearing the parties concerned.
(XVII). The Agency besides other objectives, if any, shall include as its objectives as
following:(i)
(ii)
(iii)
(iv)
To discharge such duties & responsibilities as specified in these terms &
conditions made there under for the proper maintenance, running up-keep
and keeping in good repair common portions and common services of such
property as have been allotted to its constituent members;
To pay on behalf of the Agency and on behalf of such constituent member of
such Agency all rates, taxes, fees, charges, assessment Mpl. or otherwise and
other levies of whatsoever nature as provided in these terms and condition and
agreements executed with the Corporation:
To look after the interest of constituent members.
To execute with the Corporation agreements, lease-deed or other documents as
specified in these terms & Conditions.
I accept the above terms & conditions.
Date :
Place:
Signatures of the tenderer/bidder
on his/her own Behalf /on behalf of the intending purchaser.
NORTH DELHI MUNICIPAL CORPORATION
(LAND & ESTATE DEPARTMENT)
7th Floor, S.P.M. Civic Centre, Minto Road, New Delhi-110002
Ph. No. 011-23225711
(99 YEARS LEASE AND CONVEYANCE DEED IN RESPECT OF BUILT-P PROPERTIES)
This indenture made this ................................... day of ...................................................................
between the North DMC, hereinafter called the 'Lessor' (through its Addl. Dy. Commissioner/Assistant
commissioner (L&E), duly authorized under section 491, Delhi Municipal Corporation Act, which expression
shall mean and include all its successors, administrators and assigns of the first part and Sh/Smt./Ms.
............................................................... D/o W/o .................................................................... resident of
.......................................................................................................................... hereinafter called the 'Lessee'
which expression shall mean and include all his/her/their heirs, successors, administrators and assigns of
the other part.
Whereas the 'Lessor' on its own land in Delhi constructed a ............................................... building
.................................................................... comprising of..............................................................
And whereas the Lessor disposed of the said ................................ through inviting sealed tenders
opened on .................................................................................................. on 99 (ninety nice years) lease
basis.
And whereas the Lessee was the highest tenderer/bidder for ...................................................... in
the said tenders process and his bid for the price of the superstructure including lessee's share of
proportionate premium for joint perpetual lease-hold rights, alongwith the other lessees of the plot of land
on which the superstructure stands was accepted by the Commissioner, North DMC.
Now this Indenture witnessth that in consideration of the premium of Rs. ..................................
(Rupees .................................................................................................. paid before the execution of the
presents (the receipt whereof the North DMC hereby acknowledges, and of the rent hereinafter reserved
and the covenants on the part of the Lessee, hereinafter contained, the lessor hereby demises upto the
Lessee jointly with Lessees of other floors. All that plot of land under .......................................................
measuring .................................... Plinth area or thereabout situated at Delhi which plot is more particularly
described in Schedule I hereunder with boundaries thereof and for greater clearance has been delineated
on the plan annexed to these presents and thereon coloured red together with all rights, easements and
appurtenances whatsoever to the said plot, for a period of ninety-nine years from .................................. day
of ................................................................ during which period the Lessee shall pay therefore his share of
yearly
rent,
payable
in
advance,
of
Rs.
.......................
(Rupees
..................................................................................... or such other enhanced rent as hereafter be assessed
under covenants and conditions hereinafter contained, clear of all deduction on or before the
................................................ day of ........................... in each year at the office of the North DMC. The first
of such payment to be made on or before ............... ............................... day of
............................................................... as rent amounting to Rs. ..................... (Rupees
................................................................................................ The ground rent of the plot shall be liable to be
revised and enhanced after every 30 (thirty) years provided that the rent thus increased and fixed at each
enhancement shall not exceed one half of the increase in the letting value of the land under
.............................................................
This indenture further witnessth that in consideration of the amount of Rs. ..................................
(Rupees...................................................................................................................... on) paid by the lessee
before the execution of these presents, the receipt whereof the North DMC hereby acknowledge the
Lessor doth hereby grant, convey, transfer, release and structure with the sanitary, electrical and other
fittings on the ................................ floor being ................................. in ....................................................
more particularly described in Schedule-II hereunder with boundaries thereof and for greater clearness
delineated on the plan annexed to these presents and thereon coloured red (hereinafter referred to
................................................................................) together with all rights, easement and appurtenances
whosoever to the said ............................................. belonging or appertaining subject to the exceptions,
reservations, covenants and conditions hereinafter contained.
1. The Lessor excepts and reserves upto itself all mines, minerals, coals, gold washing, earth oils
and quarries in or under the plot and full right and power at all times to do all acts and things
which may be necessary or expedient for the purpose of searching for, working, obtaining,
removing and enjoining the same without providing or leaving any vertical support for the
surface of the plot or for any building for the time being standing thereon provided always that
the lessor shall make reasonable compensation to the Lessee for all damages directly
occasioned by the exercise of the rights hereby reserved or any of them.
2. The Lessee, for himself, his heirs, executors, administrators and assigns covenants with the
Lessor, in the manner following that is to say :1. The Lesse shall not deviate in any manner from the building plan nor alter the size of the
plot/buildings whether by sub-division, amalgamation or otherwise, without prior approval
of the Lessor.
2. The Lessee, shall pay upto the Lessor his share of the yearly rent of the plot hereby
reserved in the manner hereinbefore appointed.
2. (a) Determination of Lease :
Violation of any clause of the lease-deed will lead to the cancellation of lease. In
such events, the land and super-structure will automatically come under the control and
owned by the lessor without any payment of compensation or cost and the lessee will have
no claim on this account from the lessor. In case of compromise the lessor may restore the
possession with or without any condition.
3. The wall marked 'W-1' on the plan annexed shall be the joint and common property of the
Lessee for ........................................................... and ...................................... and "W-2 of the
Lessee for ......................................... and .........................................
4. The Lessee shall keep and maintain good repair the super-structure and permit and allow the
same to be maintained.
5. On the neglect and failure of the lessee, in this respect, the Lessor may cause such repairs
effected and recover the cost thereof from the lessee.
6. Whatsoever the title of the Lessee is transferred in any manner, whatsoever the transferor and
the transferee shall, within three months of the transfer, give notice of such transfer in writing
to the lessor.
7. In the event of death of the lessee, the person on whom the title of the deceased, devolves,
shall within three months of the devolution, give notice of such devolution to the Lessor.
8. The transferee or the person on whom the title devolves, as the case may be, shall supply the
Corporation certified copies of the documents evidencing the transfer or devolutions.
9. The Lessee shall, from time to time, and all times, pay and discharge all rates, taxes, charges
and assessments of every description which are now or may at any time hereinafter during the
continuance of this deed be assessed, charged or imposed upon the said plot hereby demised
or on the shops/godowns/flats/office accommodation etc. on the Lessor or Lessee in respect
thereof.
10. All arrears of rent and other payments due in respect of the said plot hereby demised and the
shop/godown/flat/office accommodation hereby conveyed shall be recoverable in the same
manner as arrears of land revenue.
11. The lessee shall on the determination of the Lease, peaceably restore vacant possession of the
said plot and shop/flat/godown/office accommodation thereon upto the Lessor.
12. Maintenance and upkeep of common portions and services :
(1) For maintenance and upkeep of common portions and services in the building all
purchasers of shop/flat/godown/office accommodation shall constitute themselves into a
Registered Agency.
(2) Every purchaser shall enroll himself as a member of the Registered Agency as provided in
these terms and conditions.
(3) No purchaser shall be handed over possession of the shop/flat/godown/office
accommodation until he/she has been enrolled as a member of the Registered Agency.
(4) The Registered Agency shall be responsible at its own cost for carrying out repairs and
maintenance of common portions and services to the satisfaction of the Commissioner,
North DMC provided that in the case of failure in the discharge of such responsibilities on
the part of the Registered Agency, the North DMC may undertake to discharge these and
expenses thus incurred by the North DMC (whose decision as to the amount of such
expenses shall be binding on the Agency) shall be recovered from the members of the
Registered Agency as arrears of land revenue.
13.
14.
15.
16.
17.
18.
19.
20.
21.
(5) The Registered Agency shall be responsible for the maintenance of the corridors, parks,
roads, drainage, water supply, street lighting etc. within the building and the Compound.
(6) The Registered Agency shall be responsible for the maintenance or up keep, running
control and regulation for use of common portions and common services in the building
and it shall be the duty of the Agency to administer these common portions and common
services in accordance with the provisions of the relevant agreement. Each purchaser and
member of Agency shall be liable to pay to the Registered Agency the charges for the
purpose as decided by the North DMC . In case of failure on the part of the purchaser to
make such payments, the North DMC shall have the power to recover such amount from
the Agency.
The constitution of the Agency and by-laws governing its functions shall be such as may be
approved by the Commissioner, North DMC.
The Agency shall make an application to the Commissioner, North DMC for registration under
these terms and conditions. The commissioner, after he has fully satisfied himself that the
condition of the Agency is in consonance with these terms & conditions, shall register the
Agency and issue a certificate of membership to each constituent member of the Agency.
No sale-agreement/lease deed or other document shall be executed with the Agency or
purchaser unless the Agency is registered with the Corporation and the purchasers have
become the members of the Agency.
The Commissioner or its authorised agent will as soon as possible after the constitution of the
Agency call a meeting of the Agency for electing its President Vice-President, Secretary,
Treasurer, and one member who shall constitute the Managing Committee of the Agency.
The Agency as soon as but not later than 30 days from the date if its registration shall execute
an agreement in regard to all common portions and common services in the Building with the
Corporation.
The Agency and each of the constituent members shall be responsible for ensuring that :(a) No damage or deterioration to the property handed over in terms of the agreement under
these terms & conditions is caused.
(b) No installation or equipment connected with or provided as part of water supply, sewage,
storm-water drainage, electricity or other services shall be tampered with.
(c) No construction within the property shall be made otherwise with the prior approval of the
competent local authority.
(d) No obstruction to the person duly authorised shall be caused so as to create difficulties in
the discharge of duties in connection with the matters arising out of management of
property.
(e) No obstruction to the common portions shall be caused or misuse of the property shall be
made such s following :(i)
occupying common passage, staircase, approaches;
(ii)
throwing garbage or refuse within precincts of the property or outside it;
(iii)
keeping vehicle as to obstruct free movements and
(iv)
creating insanitation or nuisance.
Liability of each constituent member shall be limited to the liability prescribed in the
constitution of the Agency as laid down in the these terms and conditions.
The Commissioner, North DMC as a registering authority shall have the power to :(1) Call for information from the Managing Committee or any constituent member of the
Agency in connection with the
(i)
affairs of the agency;
(ii)
management of the housing estate including all shops, flats, godowns, office
accommodations, plots, common portions and services.
(iii)
Relation between a constituent member and the Agency.
(2) Call an extra meeting of the Managing Committee or the General Body of the Agency if in
his opinion such a meeting is necessary or desirable;
(3) Inspection on a complaint being made such records and accounts of the Agency as he may
deem fit;
(4) Issue any directive for securing the efficient functioning of the Agency or Management of
the Housing estate: as the case may be which shall be binding on the Agency;
(5) Revoke the registration of Agency for good and sufficient reasons.
Any dues payable to the Corporation by the Agency or its constituent members shall be
recovered by the North DMC under the Delhi Municipal Corporation Act. 1957.
22. If any dispute or difference of opinion arises between the President of the Managing
Committee or the Managing Committee and a constituent member or amongst members of
the Managing Committee or among the members themselves or between parties hereto
concerning the property with which the Agency and its constituent members are concerned in
terms of agreement made with the North DMC such dispute or difference of opinion shall be
referred to and decided by the Commissioner, North DMC or his nominee after hearing the
parties concerned.
23. Besides other objectives, if any, the objects of the agency shall consist of the following :(i)
to discharge such duties and responsibilities as specified in the terms & conditions
made herein viz. the proper maintenance, running, up-keep and keeping in good repair
common portions and common services of such property as have been allotted to its
constituent members;
(ii)
to pay on behalf of the Agency and on behalf of such constituent members of such
Agency all rates, taxes. fees, charges, assessments, municipal or otherwise and other
levies of whatsoever nature as provided in the terms & conditions of agreements,
executed with the Corporation.
(iii)
to look after the welfare of its constituent members;
(iv)
to execute with the Corporation agreements, lease-deed or other documents are as
specified herein.
In witness whereof, this deed is caused to be executed by the Lessor, through its
Addl.Dy.Commissioner/Asstt. Commissioner, Land & Estate Department and the Lessee has set and
subscribed his/her/their hand on the day and year first here above written.
The Schedule above referred to :
North ...................................................................
East .....................................................................
South ...................................................................
West ...................................................................
and shown in annexed plan and marked with its boundaries in red.
Signed By Shri .................................................................
......................................................................................
for and on behalf of ........................................................
and by the order and direction of the Commissioner
North Delhi Municipal Corporation (Lessor) in the presence
of :-
.................................................
(1) Shri .........................................................................
...............................................................................
Signed by Shri/Smt. ..................................................
...............................................................................
...............................................................................
(Lessee)
.................................................
in the presence of
(1) Shri ........................................................................
..............................................................................
(2) Shri ........................................................................
..............................................................................