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PROPOSAL FOR REDEVELOPMENT

OF THE SAROJINI MARKET


(SAROJINI SHOPPING MALL)
AS PER THE PROVISIONS OF THE MPD-2021

Submitted by:
SAROJINI MARKET SHOPKEEPERS ASSOCIATION [SMSA]
The Sarojini Market Complex in the Clerk’s Colony of Vinay Nagar (as known earlier)
was constructed by the CPWD, in the year 1950-52. It was built to rehabilitate the
migrants of the partition of 1947. This Market had 200 Shops at the ground floor and
184 residential flats at the first floors of the 184 of these shops. There were 8 corner
shops and 8 coal depots without the residences on their upper floors. The allotments
of the shops/ flats were on license basis for monthly rentals. In the Master Plan of
Delhi in 1962 (MPD-1962), this complex of 16 acres was projected as “Vinay Nagar,
Sub-District Center”. Later around 3 Acre of this land was developed as Babu Market,
a NDMC primary School and the Bharat Sewak Samaj School, The Bharat Sewak Samaj
was further split to construct Delhi Public Library and a Multilevel Parking cum
Shopping Mall on PPP module by the DLF.

The L&DO granted ownership through leasehold rights to the allottees of the shops
and the flats for 99 years. The L&DO after approval of the DDA granted the
permissions of the additional constructions to respective allottees of the shops and
flats, under the applicable Standard Plan formulated by the NDMC. The population of
the capital city of Delhi was fast growing and has been facing acute shortage of
planned and legitimate commercial centers in Delhi. The DDA had decided to develop
the Sarojini Market as a District center and to permit Hi-Rise buildings in the complex
of Sarojini Market in the year 1988 (DDA letter No. F.16(49)/83-MP/1420
dt.16/11/88) as confirmed in the NDMC Resolution No.38, dated 03/01/89. The
modalities of the MPD-2021 were under process therefore no decision was taken to
declare this market as Sub-District Center as above scheme was meant for leasehold
properties and the MOUD decided to grant freehold rights to the shops and flats at
commercial land rates. Therefore, the MPD-2001, declared to keep Sarojini Market as
existing and said No to any additions and alterations, therefore the planning to
develop the Sarojini Market as a district Center was kept “in abeyance”.

The licensed vendors/Squatters use to encroach public places in the Sarojini Market
and were carrying on with encroachments contrary to the provisions of the Master
Plan. These actions were objectional to the Shopkeepers and the residents of the
Sarojini Market. The Sarojini Market Shopkeepers Association filed an Writ Petition
before the Hon’ble High Court of Delhi. On dt. 06-12-2004, the Hon’ble Court directed
the NDMC in the W.P. (C) NO. 4397/2003, to remove all unauthorized constructions
and encroachments from the Sarojini Market and to relocate vegetable stalls from the
Sarojini Market for being beyond the Holding Capacity of the Market under the
provisions of the Master Plan. The MPD 2021 was under process and the existing
MPD-2001 anticipated that, “Sarojini Market to remain as existing and no additions
and alterations permitted” therefore no action was taken at that time and this matter
was also kept in abeyance.
ORIGINAL CPWD CONSTRUCTIONS

8 COAL DEPOTS 8 CORNER SHOPS

CONSTRUCTIONS PERMITTED UNDER APPLICABLE STANDARD PLAN:

GROUND FLOOR BASEMENT FIRST FLOOR BARSATI FLOOR


The Hon’ble Supreme Court was hearing the case of vendors to recognize the right to
vend as a fundamental right to livelihood. The Hon’ble Supreme Court issued
necessary guidelines to formulate “National Policy on Urban Street Vendors-2004”,
with the objective “to provide and promote a supportive environment for earning
livelihoods to the Street Vendors, as well as ensure absence of congestion and
maintenance of hygiene in public spaces and streets”. In this respect, the Government
of the NCT of Delhi, on dt. 19th May,2006, notified, “The DELHI SPECIAL LAWS
(SPECIAL PROVISIONS) ACT, 2006, for stay on action against encroachments and illegal
constructions for a period of one year, in anticipation of a suitable policy. This order
encouraged even false claimants to stake claim to obtain vending rights/sites. These
genuine as well as false claimants keep holding all available open spaces to claim legal
vending rights in the Sarojini Market. Above Special Laws continued to keep Sarojini
Market over congested and much beyond its Holding Capacity in anticipation of early
solution to appropriate surveys, COV’s and allotments. These vendors encroached
even the areas around public conveniences, pavements and all available open spaces.

Again, on dt. 06/12/2007, the Central Government notified an Act, “THE NATIONAL
CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) ACT, 2007” and an
Ordinance, 2007 was notified. Any action against encroachments and illegal
constructions stand stayed for the formulation of necessary policies, guidelines to be
incorporating in the anticipated vending Laws. These Acts and Ordinances keep
extending again and again for further periods for years. The authorised, unauthorized
and false claimants continued to occupy all open spaces to stake claims in anticipation
of vending rights. These vendors have been granted the protection of various reliefs,
directions and orders from the courts etc. as the final ACT to protect vending rights
was not ready with the Government. The Connaught Place and adjoining areas and
areas around Delhi High Court and Supreme court, the areas around Safdarjung
Hospital, AIIMS etc. and other VIP residences areas in the NDMC areas were declared
No Vending Zones and were vacated and most of these vendors were relocated in the
Sarojini Market only. This process kept the Sarojini Market in over congested, chaotic
position and much beyond its holding capacity, contrary to the provisions of the MPD.

In 2012, the MPD -2021 anticipates to redevelop Sarojini Market as a Non-Hierarchical


Commercial Center been existing planned business center giving services at city level.
This Market was unable to utilize its potential as the stakeholders have been kept
waiting to avail and enjoy the deserving status of their valuable properties. The
owners of the upper floors in this market have been helplessly waiting in anxiety.
Many of the owners of the upper floors in this Shopping Complex have deposited the
provisional conversion charges as earlier demanded by the NDMC but it is
unfortunate that they have not been granted the acknowledgement of the
commercial status. Rather they are served with the show cause notices and have fears
of sealings from the authorities/ monitoring Committee. Many are forced to keep
using their properties as residents or leave it vacant in wait to get the deserving status
of legitimate “Non-Hierarchical Commercial Center”.
Finally, in 2014, The Street Vendors (Protection of Livelihood and Regulation of Street
Vending) ACT, is notified in 2014. This Act also anticipated to constitution of the Town
Vending Committee (TVC) to conduct surveys of vending spaces, surveys of Vendors,
to verify their claims of vending and to issue “Certificate of Vending” to the eligible
vendors and then allot them the legitimate vending sites as per the provisions of this
Act. After the lapse of five years the TVC has not been formed/functional till date. The
process, technicalities and amendments of the rules by the Government of NCT of
Delhi and multiple litigations continue to halt the process of identification of the
eligible vendors and the issuance of the COV’s etc. These temporary provisions
continued to cause blockages by claimant vendors at all the available open spaces,
pavements, common assembly areas, all entry and exit points, crossings, inner lanes
and even places near to public conveniences. All these areas remained encroached
throughout the day and also at night as most of the vendors leave their luggage
packed in polythene sheets at their respective claiming vending sites against the Law.

A tragic incident of fire took place at Shop no. 120 on dt. 20/03/02, resulted in the
loss of lives of four of the residents at the residential flat. Though the fire engines had
come in time but could not reach the spot to begin rescue work as all the corners of
the market towards the inner lane were heavily encroached, which caused avoidable
delay to begin rescue operations which unfortunately caused the tragic deaths of the
four of the family members residing at the above flat. In another tragic incidence, 43
innocent citizens were killed in a bomb blast on dt. 29-10-2005. The chowk was over
congested due to unauthorized squatters. This was the highest loss of lives in the NCT
of Delhi due to act of terrorism in the history of Delhi, the terrorists choose this
market as an easy target, only for being the most crowded area.

In both of the above incidents the relief & rescue operations were hampered due to
encroachments and congestion on entry/exit areas, public areas and pavements. The
position remains the same but no corrective actions have been taken by the
authorities to decongest the Market to plan a comprehensive scheme to regularize
the prevailing Jungle-Raj of chaos all over in the vicinity of the shops and the flats.

This market is deprived of its deserving potential due to lack of a planned and well
thought policy to redevelop with the growing competition of newly developed malls
in the Delhi and the NCR. The NCT of Delhi has been facing huge shortage of legal and
planned commercial spaces. It is a matter of great concern that in the absence of any
scheme to develop and start commercial usage of the upper floors of the Sarojini
Market is resulting in waste of the existing legitimate commercial center in the heart
of New Delhi. The thousands of existing residential property owners are misusing
their premises for impermissible commercial use and hundreds of properties have
already been sealed on the orders of the Hon’ble Supreme Court.
On one hand the owners of the upper floors in the Sarojini Market are not being
entitled to use their properties in legitimate commercial manner and on the other
hand the NCT of Delhi continues to suffer acute shortage of planned commercial
center in the region. Most of the upper floor properties in the market are laying
vacant or forced to use as residence in over congested, chaotic and noisy atmosphere
in unending wait of the comprehensive scheme of the redevelopment as anticipated
in the MPD-2021. The fundamental rights of the owners of the upper floors are
hampered as they are unable to use their own properties for legitimate potential for
last many decades.

The DDA issued the following Gazette notifications to fix conversion charges for
Commercial use of upper floors in the Sarojini Market as per Notification No. S. O.
1542 (E) dt. 11.07.12 by fixing the conversion rates of upper floors in Sarojini Market
@ Rs.89094/- per Sq. Meter.

Again, the DDA make an amendment and vide Notification No. S.O. 3173 Dt. 29/06/18
fixed the conversion rate for LSC Local Shopping Centers @ Rs. 22274/- per Sq. Meter
from earlier Rs. 89094/- per Sq. Meter by declaring Sarojini Market out of it, being
now considering it as a Non-Hierarchical Commercial Center.

By another Notification No. 3172 dt. 29/06/18 of the same date, the DDA declared,
“Fixation of rates applied for enhanced FAR for commercial properties arising out of
MPD-2021 for Non-Hierarchical Center @ Rs.36320/- per Sq. Meter. The land under
the Shops and Flats in the Sarojini Market has already been converted by charging
Commercial rates, so the upper floors obtained commercial status under MPD-2021.
This market deserves the payment of additional FAR charges for being, a Non-
Hierarchical center to be redeveloped under the comprehensive scheme formulated
by the NDMC, as stipulated in the provisions of the MPD-2021.

Thankfully, the MPD-2021 declares the Sarojini Market as a “Non- Hierarchical


Commercial Centre”, with the direction, “The development control norms for the
above areas shall be as per approved schemes and any enhancement in FAR wherever
approved shall be subject to charging appropriate levies from the beneficiaries”. The
Hon’ble LG of Delhi as the Chairman, DDA held a meeting of the advisory group held
on dt.12-01-12 has passed the resolution, it is decided that the re-development plans
for the Sarojini Market etc. be prepared by the local body as a pilot project and these
be suitably incorporated in the LAP.
The GPRA Colony of the Sarojini Nagar is being redeveloped by the NBCC, wherein
entire residential double story residential quarters are being demolished for
reconstruction as hi-rise residential buildings and saved space is to be utilized
commercially. The entire colony is being redeveloped with state of art modern
infrastructure to match international standards with the concept of Smart City. It will
have the provisions of rainwater harvesting, multilevel underground parking with
strictly “No surface parking policy”.

The newly opened Metro Station at adjoining plot of the Sarojini Market has
increased the footfall in the Sarojini Market. The completion of the redevelopment of
the GPRA colony of the Sarojini Nagar will increase the existing footfall manyfold and
obviously to the Sarojini Market being next to the gate of the Metro Station.

The provision of the CUD (Common Utilities Duct) has already been completed by the
NDMC, some years ago, wherein new main Sewer line, cables and water pipes were
laid along with the provision of central air conditioning, as a part of long-term
planning of expected futuristic expansion of the complex. The CUD was constructed
in the entire inner middle lane abutting each Shop/ Flat property of the Market.

This proposed re-development module of the Sarojini Market is a suggestive


comprehensive scheme offered to the local body (NDMC) in anticipation of the
provisions of the MPD-2021, by taking maximum options for each and every type of
shop in the complex keeping in view all the practical aspects of divisions and
partitions due to family arrangements, gift, sale and any other reason.

In case the permissible Additional FAR/Ground coverage is not getting adjusted,


NDMC may absorb the same for the common benefits of the stakeholders (such as
community center, conference room, multiplex, food court or other commercial
activities to generate income for the welfare and benefits of the stakeholders only).

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act,
2014 has notified the amended rules vide Notification no. F13(04)/
2011/UD/MB/2014/148, Dt.10-01-18, the definition of “Public Purpose” has been
widened to incorporate relocation of Vendors to other for falling under category. The
definition of the Public Purpose in amendment at column (V, VI & XIII), authorizes the
Local body to carry on proposed redevelopment of Sarojini Market and relocate the
eligible vendors to next available places available with the local authority. The
existing eligible informal units in the Sarojini Market such as mini market stalls,
kiosks, vegetable market stalls and other permissible vendors as per the permissible
limit under the holding capacity of this market/Population criteria may be
accommodated at the plot of the NDMC Primary School. Since the NBCC will be
developing its own schools under the provisions of the MPD for anticipated
residential units being developed by the NBCC. The other claimant vendors may be
accommodated at Laxmi Bai Nagar and other areas in the jurisdiction of the NDMC.
The Salient features of the proposed comprehensive scheme for the Redevelopment
of the Sarojini Market (Sarojini Shopping Mall, if approved): -

1). The Provision for sufficient open spaces for assembly area, sufficient street
furniture, green spaces, fountains, amphitheater, CCTV monitoring and Public
announcement system etc.
2). The Provision for all assistances specially in any emergencies, guiding signages,
first-aid assistance, police booths, guard towers, restrooms and dedicated baby care
and nursing facility rooms.
3). The Provision for uninterrupted movement of emergency vehicles, ambulances,
disaster management teams, equipment’s and fire tenders etc.
4). The Provision for wheelchair access for the elderly and differently abled to provide
safe and pleasurable Shopping at all floors with dedicated ramps/lifts at all sides.
5). The Provision for the collection of the Government revenue in implementation of
the scheme from the stakeholder’s beneficiaries for all additional FAR permitted now
as a Non-Hierarchical Center.
6). The provision of the Rain water harvesting throughout the Shopping complex to
help in improvement of the ground water level of the city.
7). The provision of three level underground parking facility within the Shopping
complex in line with the “no surface parking” policy of the NBCC for Sarojini Nagar.
8). This scheme will support and strengthen the available planned and legalize
commercial space in the NCR to minimize and discourage the misuse of residential
properties for Commercial use.
9). This scheme will aim to improve the Air quality index of the Capital city of Delhi.
10). The Provision of hygienic and sanitary public conveniences at convenient places,
separately for gents/ladies with special provisions for convenience of disable persons.
11). The Installation of modern technique of waste disposal and waste management.
12). The provisions for the Centralized air conditioning through NDMC built existing
CUD (Common Utilities Duct) to each and every shop in the entire complex.
13). The provision of big LED Screens for Commercial Advertisements and social
messages in line with such hoardings at other world-renowned commercial centers
like Times Square, Piccadilly Circus, Shibuya crossing, etc.
14). The roof top of the dome in the middle inner circle of the Market lanes may be
utilized to install Solar Power Panels and to generate electricity and Govt. revenue.
15). This proposal takes into account the practical aspects of all the individual
properties in respect of the present and futuristic divisions, partitions etc. to have
personalized entry and exits in routine and in any emergency situation whatsoever.
16). This proposal will help in creation of a centralized Mall in the heart of Delhi and
in the Jurisdiction of the NDMC, a world-class commercial space with state-of-the-art
infrastructure with the finest retail and culinary prospects.
The MPD-2021 declares the Sarojini Market as a “Non-Hierarchical Commercial
Centre”, with the direction, “The development control norms for the above areas shall
be as per approved schemes and any enhancement in FAR wherever approved shall be
subject to charging appropriate levies from the beneficiaries”. The Hon’ble LG of Delhi
as the Chairman, DDA held a meeting of the advisory group held on dt. 12-01-12 has
passed the resolution, it is decided that the re-development plans for the Sarojini
Market etc. be prepared by the local body as a pilot project and these be suitably
incorporated in the LAP.

The guidelines of “Delhi Urban Area 2021” under redevelopment Schemes provides “To
incentivize the redevelopment a maximum overall FAR of 50% over and above the
existing permissible FAR on individual plots subject to a maximum of 400% shall be
permissible. The applicant stakeholders of the Shops and Flats of the Sarojini Market
undertake to pay the applicable charges in this regard to absorb the permissible FAR
and additional Ground Coverage as anticipated under the provisions of the MPD-2021.
RAMP
India Habitat Centre Mall, Indirapuram
India Habitat Centre Mall, Indirapuram
DLF Mall of India, NOIDA
DLF Mall of India, NOIDA

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