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Draft bill ready,to be put up for discussion with experts and residents welfare associations
The Delhi government is ready with the draft of its new property Bill the Delhi Survey,Registration and Recordal of Title of Immovable Properties in Urban Areas Act,2009. The Bill is to be cleared after consultations with stakeholders and Resident Welfare Associations (RWA).
On Thursday,a presentatation of the draft was made by Chief Secretary Rakesh Mehta and Jatin Aneja of Amarchand and Mangaldas and Shroff solicitors,the legal firm that assisted the government on drafting the law on the recommendation of the World Bank.
The committee headed by Mehta invited suggestions and comments from architects,legal experts and government stakeholders. On Friday,there will be a public hearing of it with the RWAs registered with the government.
The draft is available on the website of the Delhi government and public comments can be sent to the government on comment-revenue@ymail.com.
Property titling is one of the key reforms mandated under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM) for city governments. Andhra Pradesh and Rajasthan are the two other states that have implemented the Titling system in India so far.
Under the current set-up,no one can really ascertain the exact rate of property because our property market is still very unorganised, said Mehta. Digitising property titles and making the information accessible to the public will help avoid dubious and fraudulent transactions,regularise property tax and stamp duty collections for the government. Property owners will also have a sense of security of ownership.
As per the draft,the government will act as a guarantor for a property which has been titled. In case of a fraudulent registration,the government will pay compensation to the party that has been cheated in the transaction,through a dedicated Indemnity fund it will set up.
Apart from setting up a nodal authority which will function under deputy commissioners of all districts,the act also aims to set up a tribunal which will speed up legal disputes over ownership. Inaugurating the stakeholders’ meet,Lieutenant-Governor Tejender Khanna said the Titling Act is a step towards modern governance,as the government acts as a repository of property titling in this set-up.
Citing the sealing and demolition drive carried out by the municipal corporation in 2006,the LG said: Delhi is a complex urban set-up unlike cities in Europe and the US. The population is expected to touch about 23 million by 2021 and there is still scope for development and urbanising. The Titling Act will help avoid fraudulent deals in the city a mix of resettlement colonies,planned colonies,slums and unauthorised colonies.
The government must set up a task force of people with specialised training in carrying out surveys for the purpose,he said.
Mehta said the Bill will be tabled in the Delhi Assembly only after incorporating the recommendations given during the public hearing and consultation. It will then go to the Centre. We will also have to make some amendments in bills implemented by the Centre,such as the Registration Act, he said.
It will take at least a year for the Bill to become an Act. Even Hong Kong took ten years to implement the system,Delhi is far more complicated, he said.
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