The Supreme Court on Friday gave conditional permission for the construction of additional dwelling units in plotted residential areas of the capital in accordance with the Master Plan Delhi-2021.
A three-judge bench headed by Justice Arijit Pasayat, however, said the construction of additional units or floors would be subject to the final order of the court on petitions challenging the new Master Plan, likely to be heard in July.
According to the order, five dwelling units can be built on plots between 250 sq m and 500 sq m in size; seven dwelling units can be built on plots above 500 sq m and up to 1,000 sq m; and 10 dwelling units on plots larger than 1,000 sq m.
The numbers of dwelling units allowed by the court for the first two categories is less than what is permitted under the new Master Plan, which has fixed the number at six and nine units respectively. For plots above 1,000 sq m and up to 1,500 sq m, the permissible number in the Plan is nine; for plots bigger than that, it is between 12 and 21. The court has, however, fixed it at a flat 10 dwelling units. The maximum height permitted under the MPD-2021 for all categories of plots is 15 metres.
The court made it clear that the order would be applicable only to plotted residential areas, and not to housing societies or industrial areas. Those constructing or purchasing extra dwelling units will have to give an undertaking that they would abide by the final order of the court in the case and would not claim any equity.
The court also said that individuals willing to construct additional dwelling units will have to file an undertaking at the time of seeking sanction of the plan, that they would abide by the final order and will demolish it if so ordered. Similarly, in case of transfer of such property, the sale deed would include a clause that it is subject to final order of the court and the buyer would not claim any equity.
All these conditions will also apply to those who got their plan sanctioned before May seven, 2007.