One of the major crisis of a nation is the scarcity of living space where there is immense increase in population. Most of the densely populated cities of India is frequently inhabited by migrants through various methods. In Delhi there was an increase in the number of unauthorized colonies without proper identification or registration of the residents. Several mal practices of transfer of properties were done on these regions and in order to prevent these unauthorized acquisitions The National Capital Territory of Delhi ( Recognition of Property rights of residents in Un authorized colonies Act 2019 was enacted . The act came in to force on 11th Dec 2019 with three sections detailing the rights of the resident on unauthorized colonies in section 3 other than the short title, extent and definition in first and second sections.
The act specifically concerned about the residents who have the property rights legally through power of attorney, agreement of sale, will, possession letter or any legal document proving the payment of consideration of concerned property or any matter related to the rights of the residents who owns the property. A resident is defined in the act as a person who physically possess the property through power of attorney, agreement of sale, will evidencing payment of consideration including their legal heirs other than any tenant, licensee or permissive user of such property.
According to section 2(b) the unauthorized colony is defined as any colony or development existing without proper building or layout plans from the authority but has been identified as unauthorized colonies pursuant to regularization of such colonies as per notification no S.O. 683 (E) dated 24th March 2008 by the Delhi development Authority. The property rights in the act is not inconsistent with the provisions of the Indian Stamp Act 1899 and The Registration Act 1908. The Central Government has the authority to regularize the transactions of the properties through Gazette Notification in accordance with the Act. Any Resident who is the holder of any property as per the provisions of the act is eligible to obtain the right of ownership through the authorization slip from the authority. Stamp duty and registration charges of such property transactions are subject to section 27 of Indian Stamp Act 1899. No property right is conferred to tenants, licensee or permissive users as per the act. Previous sale transaction are exempted from stamp duty and registration charges.
The act obviously is a landmark enactment that confers absolute property rights of people who acquired property legally. Identification of property ensures proper administration of property rights of possession by the Government to the residents who can claim their rights legally. It also prevent unauthorized transactions and acquisition of dense regions in Delhi by people through illegal modes. The impact of the enactment is that the Delhi Authority implements effective regularization of such unauthorized colonies by virtue of the Act that prevents several illegal activities done for the ownership of the property.
