Addition & Alterations allowed in DDA flats at Delhi

The Ministry of Urban Development and Poverty Alleviation, Government of India has allowed certain addition(s)/alteration(s) in DDA flats. These are applicable to all flats built and allotted by DDA irrespective of whether these are located in notified and denotified areas. The addition/alteration(s) allowed are categorized in three categories:
Condonable: These are minor addition /alteration(s) which do not require structural changes and can be carried out by the owner(s) without any prior intimation/permission of DDA/MCD.
Permitted with intimation/permission: These addition(s) / alteration(s) are of major nature which may require structural changes, changes in the service lines and additional coverage.
Additional coverage permitted with prior permission.
The details of all the categories of addition / alterations which have been approved by Ministry of Urban Development & Poverty Alleviation by various orders by various orders are given below:
CONDONABLE ITEMS:
To convert existing barsati into room provided the wall is made of only 115 mm thick.
Grills and glazing in verandah with proper fixing arrangement.
Raising height of front and rear courtyard wall upto 7′ height by putting up jali/fencing.
Providing door in courtyard wherever not provided.
Providing sunshades on doors and windows wherever not provided with proper fixing arrangements.
Closing the door.
If the bathroom or WC are not having roof, these may be treated as open urinals and allowed. 8. Raising the wall of balcony/terrace parapet with grill or glazing upto 5′ height.
Construction of open staircase (cat ladder) where no staircase has been provided for approach to the terrace.
. To put provide additional PVC water tank at ground floor area without disturbing the common passage.
To provide an additional PVC water tank in the scooter/car garage at the surface level.
To provide loft /shelf in the rooms without chase in the walls.
To change the flooring with water proofing treatment.
To remove half (41/2) brick wall.
To make a ramp at front gate without disturbing the common passage /storm water drain.
To provide sunshades or the outer windows upto 2’wide projection.
To provide false ceiling in rooms.
To make an opening of maximum size of 2’6″ x1’9″ for exhaust fan or air-conditioner in existing walls.
Fixing of door in back and front courtyard.
Converting of window into Almirah subject to availability of light and ventilation as per building byelaws provided that no structural elements are disturbed and there is no projection extending beyond the external wall.
Shifting of water storage tank/raising of parapet wall upto 5′ height and putting additional water storage tank. Wherever the existing water storage tank capacity is less than 500 ltrs in a flat, a 500 ltrs tank can either replace the existing water storage tank or if possible the additional tank can be added so as to make the total storage capacity upto 550 ltrs. However, such replacement/provision of additional tank will be done only on the locations specified for such tanks and the supporting beams will be required to be strengthened suitably. Parapet wall around terrace can be increased to a height of 5′.
To shift the front glazing, rooms/windows upto existing chajja.
ADDITION/ALTERATION(S) PERMITTED WITH PRIOR INTIMATION / PERMISSION:
Following addition(s) / alteration(s) can be carried out with prior intimation/permission of the concerned agency i.e. DDA/MCD as per the prescribed procedure:
Interchange the position of kitchen,bathroom & WC with proper connections subject to structure safety. To carryout this interchange, all the allottees of one vertical stack will have to apply jointly to the concerned agency.
Construction of bath room and WC in the rear courtyard.
Covering of open terrace with sloping roofs upto 9′ height with light weight material e.g. fibre glass / AC sheets / GI sheets with pipes and standard angle iron section etc. and enclosing with glazing.
Removal of original structure and reconstruction with due permission in the case of single storeyed built up flats only subject to the satisfaction of building bye-laws and prior approval of the local authority.
ADDITIONAL COVERAGE PERMITTED WITH PRIOR PERMISSION:
Covering of courtyard and floor level terraces is allowed subject to fulfillment of building byelaws and structural safety. In three or four storeyed flats the owners at upper floor shall have the right to cover the area available as a result of coverage of courtyard /terrace of floor below. In such cases the residents of DDA flats in a vertical stack served by the same staircase should give their consent and jointly apply for permission.
In two storeyed flats the allottee at first floor wil have no right of construction above the courtyard built by ground floor allottee. The upper floor allottee of two storeyed flat can use the roof terrace for extra coverage as permissible.
A barsati on the roof terrace of the top floor in addition to mumty is allowed. This barsati should preferably be adjoining to the mumty and equivalent to the size of the room below so that construction of wall over is ensured at terrace level. This will be subject to the provision of access to the residents of the block for maintenance of water tank, plumbing system,fixing of TV/Cable antennas etc.
All the addition/alteration(s) and additional coverage will be governed by 5 basic principals:
There is no encroachment on the public land.
Structural stability of the building is ensured.
Light and ventilation of the habitable rooms is ensured as per the building byelaws.
There is no infringement of other’s rights.
The service elements such as manhole, rainwater fittings, sanitary fittings etc. are not disturbed and remain exposed for periodical inspection and maintenance.
The owner(s) will be allowed to cover additional space with prior permission of the concerned agency i.e DDA/MCD as per the prescribed procedure.

The existing additional covered area and addition(s)/alteration(s) can also be get regularized by the owner(s) of DDA flats if the same are within the prescribed norms following the same procedure.

http://www.dda.org.in

Supreme Court Verdict on MPD 2021

Dated 15 March 2008 (Times of India) (Front Page)

In a dramatic turnaround, the Supreme Court on Friday okayed the construction of third-floor dwelling units on residential plots in Delhi, a move that could bring cheer to nearly 50 lakh Delhiites crammed for space in their small houses.
It is nothing short of a bonanza for more than five lakh residential plot owners as the court not only allowed construction of third-floor dwelling units but also allowed them to achieve the FAR (floor area ratio), which saw a liberal increase under Master Plan 2021.
The court had been stalling the move of the Municipal Corporation of Delhi and the urban development ministry, which for years wanted to allow the third-floor dwelling units in view of the rapid increase in Delhi’s population, aggravated by the huge influx through migration from other states.
What was legally permissible earlier was two floors and a room atop it without a kitchen so as to prevent the house owner from using or renting it out as a full-fledged dwelling unit.
Now, owners of such residential houses can construct a fullfledged dwelling unit, an order that could see a flurry of construction activity in posh south Delhi and other areas.
Plotted residences in the capital house over 40 lakh people and the construction of additional dwelling units would provide accommodation to an additional 10 lakh people, MCD sources said.
The order was passed by a Bench comprising Justices Arijit Pasayat, C K Thakker and L S Panta despite amicus curiae Ranjit Kumar pointing out that in a series of consistent orders, the apex court had decided against permitting construction of the third floor.
Kumar said that the orders, the first of which came in 2005, were passed in the matter pertaining to cleaning of the Yamuna.
He said the court, keeping in mind the already burdened poor civic infrastructure in Delhi, was concerned that additional dwelling units could make it collapse.

SC may review 3rd floor ruling later (Page 4)

New Delhi: The SC in 2005 had told MCD that it would allow construction of thirdfloor units only after it came out with a concrete plan to augment supply of water and electricity, expansion of sewers and widen roads.
Not explaining the change of mind, except for the fact that the UDM had come up with MPD-2021 supplemented by a proposal for augmentation of civic amenities, the court agreed to the third floor.
The court, however, said all residential plot owners, who intend to construct the third-floor unit, would have to give an undertaking that they would abide by the court’s final verdict on the pending petitions challenging the validity of MPD-2021.
The court also brushed aside the argument of ASG Amarendra Saran, who appeared for MCD, that the benefit of third floor should be given to only those plots that abut 80 feet wide roads.
However, the Bench warned that if the apex court finally decides that MPD-2021 was not properly framed and directs demolition of the additional floors constructed on the basis of Friday’s order, then the owner would not claim equity.
Seeking an undertaking to this effect from every plot owner prior to commencing construction of the third floor, the Bench said subsequent sale of the third floor would also bind the new purchaser with the same undertaking.
The court also put a small restriction on the number of dwelling units that could be constructed on a residential plot, depending on its size. For a 250 sq m plot, the MPD allowed six dwelling units, but the SC reduced it by one.
Similarly, it reduced by one the permitted number of dwelling units for other sizes of plots under MPD, but made it clear that in no case more than 10 additional dwelling units on a residential plot would be allowed till it considered the validity of the MPD in July this year.

Awaited-VERDICT

Drawback

The court in its decision said all those wanting to construct the third floor would have to give an undertaking that they would abide by the final verdict of the SC on pending petitions challenging the validity of MPD-2021.

In a