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Difference between Approved, Regularised and Unapproved colonies

Posted by Admin on January 13, 2015 | Comment

Unauthorised or unapproved colonies are symptomatic of haphazard, unplanned growth in urban areas. Hundreds of residential/industrial colonies come up without the authorisation of authorities. As unapproved or unauthorised colonies are huge vote banks, they are ultimately able to undergo regularisation and avail basic civic amenities like water supply, sewerage, amongst others.

Difference between Approved, Regularised and Unapproved colonies

What sets unapproved colonies apart from approved colonies

The unapproved/unauthorised colonies are not a part of master plan regulations. These colonies accommodate the underprivileged urban middle class people and are similar to slums where the urban poor generally reside. The buying and selling in the unauthorised colonies (UACs) is not carried out by registered deeds of conveyance but by General Power of Attorney (GPA), as these colonies are not considered to be part of the ‘planned’ city. The deed of conveyance is executed between the person who owns the property and the person to whom it is being transferred in the case of approved colonies. This transfer of ownership is registered under the Registration Act of 1908. As unauthorised colonies exist in violation of legal norms, property owners of these areas do not hold clear title to their land. GPA is an instrument through which an individual can give another the power to manage one’s property. The GPA comes handy in the case of unapproved colonies as it can be used by individuals with imperfect property titles who cannot execute registered deeds of conveyance. GPA also allows property buyers and sellers of unauthorised colonies to avoid paying stamp duty and registration charges.

Though the houses (generally semi-pucca, two or three storey brick structures) in UACs are constructed of permanent materials like cement, bricks, etc, these colonies suffer from poor civic and social infrastructure.

Criteria for regularisation of unapproved colonies

Regularisation is a process by which unapproved/unauthorised colonies are made legal and the property titles in them are recognised by law and can be registered with the authorities.

There are various rules for regularisation of colonies across the country. In Delhi, for example, a UAC is eligible for regularisation if it has a residents welfare association (RWA). Besides, there must be a layout plan of the colony with a complete, detailed list of residents. The application for regularisation must include information such as the colony’s boundaries, names of streets, and neighbouring areas. The RWAs must submit land details and undertakings that they shall abide by the layout plans as may be approved with or without conditions, and that they shall transfer any available land to the government to provide social infrastructure.

Benefits of regularisation

Regularisation is expected to yield various benefits like improved physical and social infrastructure, and minimum civic services and community facilities. Development charges are levied to fund development of the colonies. Land is re-designated as residential and individual plot owners receive clear title to their land. Subsequently, they are able to register the deed of conveyance and obtain clear title to property. As a result, land transfers are done by way of registered deeds of conveyance.

WBVD11.01.2014