DELHI DEVELOPMENT AUTHORITY
OFFICE OF THE PRINCIPAL COMMISSIONER
No.F.10 [5] 81/MP/PT.-XII/
Dated:OFFICE ORDER
Sub: -
Modalities for processing of application seeking permission
for running of Banks, Nursing Homes and Guest Houses in
residential premises.
With reference to Clause-IX of the regulations notified vide No. S.O.
273(E), S.O.274 (E) and S.O. 275E of 11.3.03 of DDA and subsequent
clarification dated 15.7.03 issued by Ministry of Urban Development and
Poverty Alleviation following procedures are to be followed for granting
permission to run Banks, Nursing Homes and Guest Houses in Residential
premises.
1.
Application Form
The application seeking permission may submit the application form
in specific format along with all required documents to the competent
Authority in the DDA. The documents such as attested copy of Lease
Deed/Conveyance Deed, approved Building Plan, Allotment Letter, a sketch
of layout indicating location of the site to ascertain the compliance of
stipulations made in clause-VI of notification dated 11.3.03. NOC from
Traffic Police, DCP of the area shall be submitted along with the
application.
The mandatory requirements for obtaining permission would be as
under:
2.
Competent Authority
In DDA Vice Chairman or any other officer nominated by him shall
be Competent Authority for grant of such permission. For other local bodies
Competent Authority would be as notified by the concerned local body.
Applications in respect of DDA’s cases may be addressed to Director
(Residential Lands), Vikas Sadan, New Delhi.
3.
Conversion Charges/ Permission Fee
On the basis of ministry’s approval vide its letter No.H11017/7/91/DDIB dated 15.7.03 [CP-124] the rates for annual permission
fees will be as may be notified from time to time.
In respect of these properties where DDA is the land owning Agency,
the permission fee will be collected by DDA irrespective of the civic
services having been transferred to MCD. This would be kept in a separate
escrow account for up-gradation as mentioned in the Clause-IX of the
Notification dated 11.3.03. Similarly, for the development area under DDA,
permission fee will be collected by DDA. For other properties and areas, the
concerned Local Bodies will collect the permission fee.
Past misuse will attract misuse charges. However in those cases
where banks, nursing homes and guest houses are being run in the premises
before the request is received for regularizing it, permission fee for the past
misuse shall also be worked out on the same pattern as stipulated in circular
dated 15.7.03, i.e. 10% from Banks and Nursing Home and 2.5% from Guest
House of the difference between average commercial rate and average
residential rate. These percentage rates would apply till it is revised by Govt.
of India. However this will be applicable only in cases where premises are
being misused as Bank, Nursing Home and Guest House without
permission. For other misuse/ non-conforming use, the misuse charges will
be recovered in accordance with policy.
The permission fee will be payable in advance for each financial year
on first April. Initially the permission fee would be for the broken period of
financial year on pro rata basis. The delayed payment would attract interest
@ 12.5% for the first 30 days and thereafter @ 15% up to 180 days. No
further extension would be granted and in case of non-payment of the
permission fees within that period the permission given will be deemed to
have been withdrawn.
Before grant of permission the applicant will be required to clear all
outstanding dues like ground rent, composition fee, misuse charges, U.E.I.
etc. For the purpose the files will be referred to the concerned Accounts
Officer. The verification of payments will be done by the Finance Wing
before granting permission.
The permission fee will be attracted irrespective of whether the
properties are on leasehold or free hold.
In case of Leasehold properties, the applications will be entertained
from the lessees/owner only and no other person including GPAs. In case the
GPAs intend to seek permission he will have to get the property converted
into free hold first. The misuse charges if any, in such cases shall be
recovered as usual before allowing the property converted to freehold.
The applicants will have an option to pay the permission fee in
advance for a period of two years. In such a case no further revision of fee
shall be carried out during such period covered under such advance deposit.
Similarly, no interest shall be paid for such payments received in advance.
However, he will give an undertaking to pay the difference of permission fee
during this period of two years on account of hike in rate of permission fee.
Permission fee shall be in no case being transferable or refundable. In
case of any sale or transfer of such property, fresh permission may have to
be sought.
4.
Documents required to be submitted along with the application form:
Apart from the Building Plan, Ownership documents and location
plan
and
other
documents
in
the
form
of
Undertaking/Affidavit/Indemnity Bond as mentioned below are also
required to be submitted by the applicant.
[i]
Undertaking for special arrangement for disposal of waste, as
prescribed at Para VI [7] of the Gazette Notification No.SE [274][E]
dated 11.3.03 in case of Nursing Home.
[ii]
Undertaking to the Authority that the applicant/user of the
premises will abide by all terms and conditions specified at Para VI of
the regulations dated 11.3.03.
a) Maximum of 2/3rd of the floor area shall be permitted for the
plot size upto 250 sqm. In case of larger plot the ceiling
will be 2/3rd FAR or 600 sqm. which ever is less.
b) Only branch offices of the bank catering the neighbourhood
banking facility will be open.
c) The building shall be regularized/approved/sanctioned by
DDA/local body as per building byelaws for the time being
in force.
d) All parking requirements of plot will adhere to equivalent
car space required for the purpose.
e) No nuisance or hardship will be created for local residents.
f) The applicant shall observe other statutory requirements.
g) No permission shall be granted for plot size exceeding 1000
sqm. and for plot having size less than 209 sqm.
[iii]
Indemnity Bond indemnifying the DDA/Local Body in the
event of any damages due to dispute/court cases/fire, loss etc.
5.
Scrutiny of Application/Permission.
The land disposal department will open the file for individual
application and process the same for issue of permission/regularization
within the frame work of Notification dated 11.3.03 after taking necessary
inputs from the concerned departments.
6.
For any problem relating to permission fee for Guest House, Nursing
Homes and Banks, the following officers could be contacted:
1.
2.
3.
Commr. (LD)
Commr. (Plg.)
Director (RL)
[D.B.Gupta]
Principal Commissioner
Copy to: 1.
2.
3.
4.
5.
Commr.[LD]
Commr.[Planning]
FA [H]
Director [LC]
Director [RL]
Application for permission/regularization of Banks,
Nursing Homes, Guest Houses under mixed use policy
To
The Vice Chairman, DDA
[Through Director (RL)]
Delhi development Authority
New Delhi
Sir,
I hereby seem permission/regularization for the purpose of running of
Bank/Nursing Home/Guest House in accordance with the Regulation dated
11.3.2003 in respect of plot no…………Block no…………House
No……………situated at scheme……..…….and submitted following
plans/documents/other information as specified below:
1.
Name of the applicant:
(in block letters)
a) Owner
b) Legal heir
c) Power of attorney holder
2.
Address for correspondence
3.
Details of the property
i)
Status of plot (along with documents in its proof)
a) Free hold
b) Lease hold
c) Any other
ii)
iii)
iv)
v)
vi)
vii)
Plot size and area in sq.mtrs.
Are built up: (in sq.mt.
Plot location alongwith layout plan of the colony
Area proposed to be changed/regularized in sq.mt. for
NH/GH/bank
R/W of front road in mtrs.
In case of regularization, the date from when the Banks/Nursing
Homes, Guest Houses is under operation.
4.
Details of Building Plan
i)
Constructed area floor wise (in sq.mtrs. (copy of sanctioned
plan from DDA/NDMC/MCD are enclosed.
Floor
Area in Sq.mt.
Accommodation details
Basement
Ground floor
First floor
Second floor
ii)
Set backs (existing/proposed) in meter
Front
Rear
Side I
Side II
5.
Parking Provisions:
i)
ECS provided per 100 sqm. of floor space
ii)
Copy of the plan indicating the provision of required parking
within plot be enclosed.
6.
Other documents in the form of undertaking/affidavit/indemnity bond
are enclosed.
i.
Undertaking for special arrangement for disposal of waste, as
prescribed at para VI of the Gazette notification no. SE 274 (E)
dated 11.3.2003 in case of Nursing Homes.
ii.
NOC from the concerned Residential Welfare Association
(RWA) with reference to para VI 6) of the regulations vide SO
274 (E) dated 11.3.2003 and para VI 7) of regulations vide SO
273 (E) & 275 dated 11.3.2003.
iii. Undertaking to the Authority that the applicant/user of the
premises will abide by all terms & conditions specified at para
VI of the regulations dated 11.3.2003.
iv.
Indemnity bond identifying the DDA/local body in the event of
any damages due to disputes/court cases/fire, loss etc.
v.
7.
Undertaking to deposit permission fee as demanded by DDA
before release of Permission/regularization.
Bank A/c details
Signature of applicant………………………
Address of applicant………………………..
Date…………………………………………
(NB: Application form if down loaded for applying shall accompany a
challan worth Rs. 100/- favouring DDA towards cost of the same).