RERA - the Real Estate (Regulatory and Development) Bill was introduced in Rajya Sabha in the year 2013.

This Bill was referred to a ’21- Member Committee’. Real Estate is a term which comprises not only of land and
buildings on it but also of the natural resources of the land which is inclusive of its flora, fauna, crops and minerals. It
comprises of three main categories: 1) Residential 2) Commercial and 3) Industrial. The Residential Real Estate
includes housing, condominiums, townhomes and undeveloped land. The Commercial, on the other hand, includes
offices, warehouses, etc., and the Industrial Real Estate includes factories, mines and farms. The core aim of the Real
Estate (Regulation and Development) Bill, 2013 was to protect the interest of the buyers and to promote fair play in
Real Estate markets. This Bill had been introduced mainly to reach the objective of Government of India to provide
“Housing for All by 2022.” The measures in the Bill were propounded with the aim to boost the domestic as well as
foreign investment in the sector. The Real Estate Bill 2013, first and foremost ensured the formation of Real Estate
Regulatory Authority (RERA). This body was created for the registration of Real Estate agents and their subsequent
projects. This Bill outlines the duties of developers, buyers and agents in the Residential Real Estate sector. Highlights
of the Bill-The Bill regulates transactions between buyers and promoters of residential real estate projects. It
establishes state level regulatory authorities called Real Estate Regulatory Authorities (RERAs).-Residential real estate
projects, with some exceptions, need to be registered with RERAs. Promoters cannot book or offer these projects for
sale without registering them. Real estate agents dealing in these projects also need to register with RERAs. -On
registration, the promoter must upload details of the project on the website of the RERA. These include the site and
layout plan, and schedule for completion of the real estate project.-70% of the amount collected from buyers for a
project must be maintained in a separate bank account and must only be used for construction of that project. The
state government can alter this amount to less than 70%.-The Bill establishes state level tribunals called Real Estate
Appellate Tribunals. Decisions of RERAs can be appealed in these tribunals. Key Issues and Analysis-One may
question Parliament’s jurisdiction to make laws related to real estate as “land” is in the State List of the Constitution.
However, it may be argued that the primary aim of this Bill is to regulate contracts and transfer of property, both of
which are in the Concurrent List. -Some states have enacted laws to regulate real estate projects. The Bill differs
from these state laws on several grounds. It will override the provisions of these state laws in case of any
inconsistencies. -The Bill mandates that 70% of the amount collected from buyers of a project be used only for
construction of that project. In certain cases, the cost of construction could be less than 70% and the cost of land
more than 30% of the total amount collected. This implies that part of the funds collected could remain unutilized,
necessitating some financing from other sources. This could raise the project cost. -The Standing Committee
examining the Bill has made several recommendations. These include: (a) the Bill should also regulate commercial
real estate, (b) smaller projects should also be covered, and (c) all real estate agents must be required to register.
Benefits and Advantages of Real Estate Bill, 2013 -The Bill will bring about standardization in the sector leading to
healthy and orderly growth of the industry through introduction of definitions such as ‘apartment’, ‘common areas’,
‘carpet area’, ‘advertisement’, ‘real estate project’, ‘prospectus’ etc. Introduction of the concept of using only ‘carpet
area’ for sale which has till now been ambiguously sold as super area, super built up area etc., will curb unfair trade
practices. -The Bill like other sectors such as telecom, electricity, banking, securities, insurance etc. provides for
specialized regulation and enforcement which includes both curative and preventive measures, with powers to
enforce specific performance, not available under the consumer laws. The Authority has powers to give directions for
specific performance powers to impose penalty for non-registration of projects including imprisonment for
continuous violation upto 3 yrs and impose penalty in case of other contraventions. - The Bill proposes to register
real estate agents which have hitherto been un-regulated, with clear responsibilities and functions, thereby leading
to money trail and curbing money laundering. -The Bill aims to ensure consumer protection, by making it mandatory
for promoters to register all projects, prior to sale; and only after having received all approvals from
development/municipal authorities thereby protecting buyer investments. -The Bill will promote transparency and
fair and ethical business practices, relating to transactions, through disclosure of project details and contractual
obligations vis-à-vis the project and the buyer, promoting informed choice for the buyers. This will substantially
reduce the power asymmetry prevalent in real estate transactions. -The Bill seeks to establish a regulatory oversight
mechanism, through Real Estate Authority(s) and Appellate Tribunal in the States, to enforce accountability norms
for the promoter buyer and the real estate agents. - The Bill will ensure timely completion of projects, and prevent
fund diversion. The salient features of the draft Bill are as under- Applicability of the Bill: The proposed Bill applies
to residential real estate i.e. housing and any other independent use ancillary to housing. However it shall not apply
where the area of land proposed to be developed does not exceed 1000 square meters or the number of apartments
proposed to be developed does not exceed 12, inclusive of all phases, or an area or number of apartments as
notified by the Central Government on recommendations from the appropriate Government, which may be different
for different States or Union territories but not more than 1000 square meters or 12 apartments. Important
Definitions: The Bill will bring about standardization in the sector leading to healthy and orderly growth of the
industry through introduction of definitions such as ‘apartment’, ‘common areas’, ‘carpet area’, ‘advertisement’,
‘real estate project’, ‘prospectus’ etc. Introduction of the concept of using only ‘carpet area’ for sale, which has till
now been ambiguously sold as super area, super built up area etc., will curb unfair trade practices. Establishment of
Real Estate Regulatory Authority: Establishment of one or more ‘Real Estate Regulatory Authority’ in each State/UT,
or one Authority for two or more States/UT, by the Appropriate Government, with specified functions, powers, and
responsibilities to exercise oversight of real estate transactions, to appoint adjudicating officers to settle disputes
between parties, and to impose penalty and interest; Registration of Real Estate Projects and Registration of Real
Estate Agents: Mandatory registration of real estate projects and real estate agents who intend to sell any
immovable property, with the Real Estate Regulatory Authority on real time basis without adding another layer of
approvals. Mandatory Public Disclosure of all project details: Mandatory public disclosure norms for all registered
projects, including details of the promoters, project, layout plan, plan of development works, land status, carpet area
and number of the apartments booked, status of the statutory approvals and disclosure of proforma agreements,
names and addresses of the real estate agents, contractors, architect, structural engineer etc.; Functions and Duties
of Promoter:*Promoters should make site and layout plans for the project and upload all the relevant details of the
project on the website of RERA. They should also update quarterly updates on status of the project. *In case, if a
buyer wishes to withdraw from the project due to loss incurred by him because of a false advertising, then the
promoter must return the amount collected with interest to the buyer. *Promoters must deposit at least 70% of their
funds, including land cost, in a separate escrow account to be used for construction purpose only. However, state
governments can change this amount below 70%.*Promoters should not accept more than 10% of the total cost of
the property as advance without a written agreement.*Promoters should help in providing essential services till the
association of buyers takes over the maintenance activities.*Promoters should obtain a completion certificate from
the relevant authority.*In case, if a promoter is unable to give possession of the property, then the money received
for the property along with interest has to be returned to the buyer.*Promoters are responsible for fixing structural
defects for five years after transferring the property to a buyer.; Functions of Real Estate Agents: Real estate agents
not to facilitate the sale of immovable property which are not registered with the Authority required under the
provisions of the Act, obligation to keep, maintain and preserve books of accounts, records and documents,
obligation to not involve in any unfair trade practices, obligation to facilitate the possession of documents to
allottees as entitled at the time of booking, and to comply with such other functions as specified by Rules made in
that regard; Rights and Duties of Allottees: Right to obtain information relating to the property booked, to know
stage-wise time schedule of project completion, claim possession of the apartment or plot or building as per
promoter declaration, refund with interest in case of default by the promoter, and after possession entitled to
necessary documents and plans. Duty of allottees to make necessary payments and carry out other responsibilities as
per the agreement; Promotional role of Real Estate Regulatory Authority: The Authority to act as the nodal agency
to co-ordinate efforts regarding development of the real estate sector and render necessary advice to the
appropriate Government to ensure the growth and promotion of a transparent, efficient and competitive real estate
sector; Fast Track Dispute Settlement Mechanism: Establishment of fast track dispute resolution mechanisms for
settlement of disputes, through adjudicating officers (an officer not below the rank of Joint Secretary to the State
Government) to be appointed by the Authority, and establishment of an Appellate Tribunal to hear appeals from the
orders of the Authority and the adjudicating officer; Establishment of Central Advisory Council: Establishment of
Central Advisory Council to advise the Central Government on matters concerning implementation of the Act, with a
mandate to make recommendations on major questions of policy, protection of consumer interest and to foster
growth and development of the real estate sector. The Council to have among others, five representatives of State
Governments, to be selected by rotation; Establishment of Real Estate Appellate Tribunal: Establishment of Real
Estate Appellate Tribunal, by the State Government to hear appeals from the orders or decisions or directions of the
Authority and the adjudicating officer. The Appellate Tribunal is to be headed by a sitting or retired Judge of the High
Court with one judicial and one administrative/technical member; Punitive Provisions: Punitive provisions for non-
registration of a real estate housing project - Penalty which may extend up to 10% of the estimated cost of the real
estate project as determined by the Authority. Drawbacks of the Real Estate (Regulatory And Development) Bill,
2013-It does not enumerate any difference between the Residential Real Estate and Commercial Real Estate. - Some
projects in the Real Estate with certain investors or stakeholders do not come under the category of this Bill. They
are: “Government agencies/authorities at Centre, State and Municipal level; Financing agencies like Bank/Financial
Institutions; Brokers, Underwriters and Bulk Purchasers”- It also does not provide any tool for transferring the
booking during the construction time. -It fails to provide any additional securities for the retail purchasers Conclusion
The Real Estate (Regulatory and Development) Bill, 2013 was introduced in Rajya Sabha and was referred to Standing
Committee on Urban Development for examination by the Speaker of Lok Sabha. The Bill has been amended by the
government numerous times. The amendments revolving around both Residential Real Estate and Commercial Real
Estate must necessarily be taken into consideration and punishment to the developers, etc. should be deliberated
upon. In 2015, the Union Cabinet gave the permission to amend the Real Estate (Regulation and Development) Bill.
Finally, after the effect of umpteen minds, the Bill had been approved by the Prime Minister, Narendra Modi, was
passed by the Rajya Sabha on 10th March and subsequently by Lok Sabha on 15 th March, 2016.
Need for the Real Estate (Regulation and Development) Act, 2016-To control and regulate the real estate sectors by
shutting out malpractices;-To keep consumers out of perils such as delayed delivery, transfer of title of the property,
the quality of amenities provided and necessary changes to be made etc., before purchase;-To appoint authorities to
manage the real estate sector and to establish an Appellate Tribunal for each State. To enable home buyers to file
complaints in case of any wrongdoing committed by the builders or developers; -To contribute a good percentage to
India’s GDP;-To create accountability and responsibility for the authorities so appointed; Salient features of the Real
Estate (Regulation and Development) Act, 2016-To regulate and promote the real estate sector by establishing the
Real Estate Regulatory Authority.-To protect the interests of the consumers and buyers and ensure the prevention of
malpractices against them. -Establishes state-level regulatory authorities called RERA. -To cast duties on the
promoters to upload details of the project on the website including layout and site plans. -been given a reasonable
opportunity to be heard on those charges. Powers of the Regulatory Authority *Power to issue interim orders –
Section 36 of the Act says when the Authority is satisfied that an act in violation of this Act or the rules and
regulations thereunder has been, is being, or is about to be committed, the Authority may, by order, restrain any
promoter, allottee, or real estate agent from carrying on such act until the conclusion of the inquiry or until further
orders, without giving such party notice, if the Authority deems it necessary. *Power to issue directions – Section 37
of the Act says the Authority may provide such instructions to the promoters, allottees, or real estate agents, as the
case may be, as it deems necessary to carry out its powers under the provisions of this Act or rules or regulations
adopted thereunder and such directions shall be binding on all parties concerned.*Power to rectify the orders –
Section 39 of the Act says the Authority may alter any order passed by it at any time within two years of the date of
making of the under this Act, in order to correct any mistake obvious from the record and shall make such
amendment if the mistake is brought to his notice by the parties. Provided, no such alteration shall be made in
respect of any order to which an appeal under this Act has been filed. Responsibilities of the Regulatory Authority-
To facilitate registering the real estate project and real estate agents. -To extend the registration of the real estate or
project and its revocation. -To renew or revoke, as the case may be, the registration of the real estate agent.-To
maintain a website of records for public reviewing. To appoint more than one adjudicating officer for addressing the
issues relating to real estate matters.-To notify rules and regulations. -To recommend for any growth and promotion
of healthy and transparent functioning of the project. Powers of the Appellate Tribunal (Section 53) The Tribunal is
not bound by the Code of Civil Procedure of 1908 or the Indian Evidence Act of 1872, which impose strict
procedures. It shall be guided by the principle of natural justice and also has the authority to regulate its own
procedures. However, the Chairperson has administrative powers under the Act as he has been provided with
powers of general superintendence and direction during the time of their conduct in the affairs of the tribunal and all
the orders passed by the tribunal are to be executed as a decree of a Civil Court. The powers of the civil court are
entrusted to the Tribunal which includes the following – Summoning and enforcing the attendance of any person and
examining him on oath;Requiring the discovery and production of documents;-Receiving evidence on affidavit; -
Issuing commissions for the examination of witnesses or documents;-Reviewing its decisions; Penal provisions under
RERA *Promoters – Violation of the provisions of law A promoter shall be punishable with three years of
imprisonment or a fine of ten per cent of the cost of the building. Non-registration of a project A promoter shall be
punishable with a fine of ten per cent of the estimated cost of the building or the project.False informationShall be
punishable with a fine of 5 per cent of the cost of the building or the project. *Agents – Failure to comply with
Authority’s directionsThe agents shall be punishable with a fine which may extend up to five per cent of the cost of
the building and daily during which the offence continues. Failure to comply with the orders of the tribunalAn agent
shall be punishable with imprisonment for a period of one year with or without a fine, which may extend to ten per
cent of the cost of the building. Non – registration of the projectAn agent shall be punishable with a fine of Rs.
10,000 per day or five per cent of the total cost of the building. Advantages of RERA for the buyers *Risk of delay is
avoided: In recent years, builders have been known for delaying the completion of projects. If there is any delay, the
RERA act stipulates that a penalty must be paid.*No excess charges: This Act contains all the information on the
pricing per area. The RERA statute defines a built-up area, super built-up area and carpet area, making it impossible
for builders to charge excessively. Payment for the super built-up area is forbidden. A customer will only be charged
for the carpet area specified in the Act. *Transparency: One of the most significant benefits provided to consumers is
transparency. On the RERA website, the builders are expected to provide details about everything. This will assist
customers in learning the finer points of the buildings and projects. *Liability: Quality has always been a concern,
particularly when it comes to a place where we must reside. If there is a quality issue, the consumer should notify
the builder, who should address the issue within 30 days. Advantages of RERA for builders*Adequate financial
inflow: The start of a project is a big stumbling block for the property business. Financial changes such as the
formation of the GST and as a result, the liberalisation of FDI have aided RERA in making business easier. Lenders are
more prepared to provide income to builders now that the RERA Act has restored trust and openness. *Better
functioning: In the past, there were no suitable regulations or norms governing the real estate industry. There were
also a lot of unresolved issues. The RERA act made it easier for the real estate industry to work efficiently and
consistently.*Imposition of penalty: If a customer does not pay his dues on time, the legislation contains a clause
requiring the consumer to pay a penalty for the late payment.*Transparency: Both the buyer and the seller benefit
from transparency being the core aspect of the Act. Transparency also aids in the development of a positive
relationship between the builder and the customers. Disadvantages of RERA-The RERA rules and regulations do not
apply to projects that were initiated before the adoption of RERA. -
Compulsory registration may be a drawback because the government can take a long time to approve a plot. There is
also internal politics in this industry. Sometimes the government requests additional funds or requires them to bribe
the government to obtain approval, resulting in financial difficulties.-There are no specific requirements for buildings
less than 5000 square metres. This will allow them to charge excessive fees resulting in a conflict. -A project may take
longer to complete than expected. It is tedious to begin a new endeavour without completing the previous one as a
builder cannot sell a building until it is completed and it becomes difficult for them to start a new project.-It takes
around two years for the promoter to acquire clearance, and thus the sector’s expansion will be hampered. -There
are no provisions for rentals in RERA. Current issues in India in relation to the Real Estate (Regulation and
Development) Act, 2016 The government intends to put tenanted or abandoned buildings, as well as their renters,
under the Real Estate (Regulation & Development) Act of 2016, giving the consumers the same protection as other
homebuyers for the first time. Many cities, particularly Mumbai, have tenanted or decommissioned buildings that
contain people who have been living there for decades at low and artificially discounted costs. According to Magic
Bricks, over seventy-four per cent of homebuyers in India are uninformed of the online process for checking the
status of the project under the Real Estate Regulatory Act and also unclear about whether the projects are registered
on a website or not. They majorly lack the relevant information such as carpet area, payment methods and the
builder’s registration number. Many projects were supposed to register on websites and distribute fliers with the
builders’ specific details. Objectives of RERA:Enhance transparency and accountability in real estate and housing
transactions-Boost domestic and foreign investment in the real estate sector-Provide uniform regulatory
environment to ensure speedy adjudication of disputes-Promote orderly growth through efficient project execution
and standardization;-Offer single window system of clearance for real estate projects-Empower and protect the right
of home buyers

DELHI APARTMENT OWNERSHIP ACT, 1986 INTRODUCTION: The form of property ownership called "condominium"
involves individual ownership of part of the properly with the rest of the building (the common property) co-owned
by those who own the other apartments. The interest of the owner of an apartment in the other parts of the
common property must be clearly denoted in the deed of Apartment before the registration, including the
percentage or share of ownership of the common property attached with each apartment. RIGHTS: this also allows
ownership and other rights, including contract rights, to be established and made enforceable. This is so because
some of the most important rights and obligations of the individual owners are measured by the percentage or share
of the ownership interest in the common property. The owner's fees to maintain the common property, for example,
is usually determined by the relative size of the apartment: e.g. the owner of the largest apartment pays the most to
maintain the common property. others with flats of similar size pay an equal amount and so on. PREAMBLE: The
preamble of the Delhi apartment ownership act, 1986, States that it is an act "to provide for the ownership of an
individual apartment in a multistoreyed buliding and of an undivided interest in the common areas and facilities
appertenant to such apartment and to make such apartment and interest heritable and transferable and for matters
connected therewith or incidental thereto". SALIENT FEATURES OF THE ACT: - The act covers whole of the union
territory of Delhi and applies to every apartment in a multistoried buliding constructed mainly for residential or
commercial use on either a freehold or leasehold land, provided the lease is of not less than 30 years duration. - the
act entitles the exclusive owners with undivided interest in the common areas and facilities as may be specified in
the deed of apartment. - this responsibility for execution of the deed of apartment is on the promoter of the multi-
storeyed buliding. the promoter has been defined as the person by whom the multistoreyed buliding containing the
apartments has been constructed. - irrevocable right to be exercised by the board or manager of the association of
apartment owners to have access to each apartment from time to time during reasonable hours for maintenance,
repairs or replacements of any of the common areas and facilities therin. - The act provides that each apartment,
together with the undivided interest in the common areas and facilities appurtenant to such apartment shall
constitute a heritable and transferable right. - the owner of each apartment may create any encumbrance, only
against the apartment owned by him and the percentage of the undivided interest in the common areas and
facilities appurtenant to such apartment. - the act provides that common areas and facilities shall remain undivided
and no apartment owner or any other person can bring any action for the partition or division. - failure to comply
with these shall be a ground to recover sums due for damages or for injunctive relief. - the act also prohibits such
work that is prejudicial to the soundness or safety of the property or may result in the reduction of the value of the
property. - the owner also cannot add any structure or excavate any additional basement or cellar without prior
consent of other apartment owners. APPLICABILITY of the act is applicable to all multistoreyed bulidings constructed
by group houses, cooperative societies or any other body or agency. a multistoreyed buliding means a buliding
constructed on any land which contains four or more apartments. in case there are two or more bulidings in any
area designated as a block, pocket or otherwise, each buliding in that block must contain two or more apartments,
with a total of four or more apartments in the whole block. CASE: On a public interest litigation (PIL) filed since 2007
(O.S Bajpai v. the Administrator, Lt. Governor of Delhi), directions were sought for the proper enforcement of the
act, the Delhi High court vide judgment dated july13 2012, has direc ted that in the event of the apartment owners
applying to the competent authority, it shall , after granting opportunity of hearing to the promoters and builders
and after satisfying itself about the transfer of apartment to the promoter/bulider and possession thereof, pass such
orders directing promoters/ buliders to execute and register the deed. However, in spite of this direction by the
Delhi High court, the act is not implemented properly. The decentralisation of the competent authorities under the
act is one of the reasons as the promoters and buliders often cite this as an excuse for not giving ahead with
execution of the deeds of apartments. SHORTCOMINGS IN THE IMPLEMENTATION OF THE ACT: an excellent piece
of legislation, the act, if properly implemented can bring about significant improvement in the lot of apartment
owners by providing them exclusive ownership, heritable and transferable rights, However, due to little awareness
about the features of the act coupled with the vested interests of both promoters/buliders and apartment owners,
and reluctance of the apartment owners to apply for execution and registration of the deeds, the act has made little
impact. the absence of any penal provisions in the act has also contributed to this ambiguity and made it a virtual
toothless tiger! The above mentioned short - comings , particularly, the absence of penal provisions, has encouraged
promoters and builders to avoid complying with the act. that is also the reason why the number of deeds of
apartments executed and registered in delhi remains insignificant. Further, by recognising the title of benami
transactions for sale and purchase: of apartments, the act , has encouraged dubious transactions. the act can also be
misused by such benami acquires who may not be held responsible for any breach of the model bye laws of the
apartment owners' association in case they have either not furnished the undertaking for compliance with the terms
of conditions of the deed of apartment or in case the original owner has not executed such a deed or get it
registered.

UNIT 4 Introduction The Delhi Rent Control Act, 1958 was approved by both Houses of Parliament and by the
President on December 31, 1958. It came into force on February 9, 1959. It extends to areas within the New Delhi
Municipal Committee, the Delhi Cantonment Board, and the Delhi Municipal Corporation. Also, courts are bound
lawfully to read the provisions of this Act keeping in mind the rights of both the tenant and the landlord. The rental
laws are intended to serve two main purposes: -Protect the tenant from arbitrarily paying more than the standard
rent -Protect the tenant from unilateral eviction. Basic concepts of the Delhi Rent Control Act-The Delhi Rent
Control Act (DRCA) of 1958 contains the following essential rules and provisions for tenants and landlords: -If there is
no written contract specifying a date, the Act allows the renter to pay the rent by the 15th of the month. In addition,
the tenant has the right to seek a documented receipt for the same.-If the rent is paid on time, the landlord is not
allowed to evict the tenant under the Act.-In regard to the amount of rent, the Act concentrates on the term
“standard.” This is why rental yields in central Delhi districts are so weak, and landlords are unable to dismiss tenants
who pay such a small rent. -The Delhi Rent Control Act also makes it harder for landlords to protest to tenants
subletting their apartments. Act is disadvantageous from the point of view of a Landlord -The Delhi Rent Control
Act 1958 is pro-tenant.-A tenant enjoys the property at a very nominal rent for years and years together even if the
sale value or even the market rate of rent of that property is very high.-Sometimes a landlord loses interest in
spending money towards the repairs and maintenance of the property as the amount of rent is very low because of
which sometimes the buildings go in a depilated state and ultimately collapse. -Since legislature intends to protect a
tenant, therefore, sometimes a landlord finds it difficult to evict a tenant. Act is disadvantageous from the point of
view of a tenant -Sometimes a Landlord in order to get his property vacated although he is a man of means, yet he
approaches court by manipulating facts by creating his false bonafide need qua the tenanted premises.-Heirs of
statutory tenant are entitled to same protection against eviction as affordable to tenant under the Delhi Rent
Control Act. Definitions in Delhi Rent Control Act 1958 Landlord: A person who lends a house to another person in
return for money is the landlord. Tenant: A person who stays in a landlord's house and pays rent to live in a
property. Bench: A bench is a bench of a tribunal which takes decisions in case of any discrepancy. A tribunal is Delhi
Rent Tribunal established Under section 46. Delhi Rent Control Act 1958: Key Features-A landlord can increase the
rent only once in three years by 10% of the rent. For example, if a tenant rented the house in 2017 for Rs 15000 per
month, then rent can be increased by Rs 1500 in 2020.-A landlord cannot evict a tenant if they pay the rent on
time.A standard rent can be increased in case of renovation, but the Act has provided a cap of 7.5% of the total
incurred cost.-A landlord shall not receive or claim any payment for subletting the whole or part of the property
given to a tenant.-A standard rent cannot be increased if there has been no construction or renovation.-
Furthermore, the tenancy is not inherited if the successor already owns a property. Delhi Rent Control Act: Key
provisions-The Act allows the tenant to pay the rent by the 15th of a month, if there is no written contract
mentioning a date. The tenant is also liable to demand a written receipt for the same.-The Act does not allow the
landlord to evict the tenant if the rent is paid on time.-The Act focuses on ‘standard’ with reference to rent amount.
This is the reason why the rental yields in central Delhi areas are very low and landlords cannot evict tenants who
pay a negligible amount as rent.-The Act also mentions that a landlord can hike the ‘standard’ rent, if the rented
premises is renovated but it cannot not exceed 7.5% of the total cost incurred. This is another reason why a number
of buildings in central Delhi are in a dilapidated condition, as there is no incentive for landlords to renovate it. -The
Delhi Rent Control Act also allows tenants to sub-let the premises and makes it difficult for the landlord to object to
it. Few drawbacks-This Act is majorly tenant-friendly and landlords usually face problems in removing a tenant
usually. Even the conditions under which a landlord can remove a tenant are strictly monitored. Majorly the Act
favors tenants with the intention for outstation students studying in colleges in Delhi. These students live miles away
from their homes and so are many times exploited by landlords. -Another major drawback is that it mismatches
between the tenant’s capacity to pay the rent and the actual cost that accommodation holds. Also, the amount
spent in law enforcement, in the cases and applications is too high. -Another issue is very low rents and high
maintenance of the property. Many tenants are very old, so they have a fixed rent, which makes it difficult to ensure
regular maintenance. Protection against eviction A landlord cannot arbitrarily evict a tenant. Although if defaults
such as non-payment or discretionary withdrawals by tenants are made, then the landlord is allowed to take back
the property. Also, tenants of tenants have the same rights as lawful tenants regarding protection from withdrawals.
However, on bona fide needs and grounds, eviction can be sought. Eviction of Tenants [Section 14, Delhi Rent
Control Act, 1958] The landlord cannot evict any tenant without any valid reason. The circumstances under which a
tenant can be evicted are mentioned below, but in those cases also the landlord has to make an application to the
Controller for the recovery of the possession on the below mentioned grounds:-The tenant has neither paid nor
tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a
notice of demand for the arrears of rent has been served on him.-Without obtaining the consent of the landlord in
writing, the tenant has sub-let, assigned or parted with the possession of the premises. -The premises were let for
use as a residence and neither the tenant nor any member of his family has been residing therein for a period of six
months immediately before the date of the filing of the application for the recovery of possession thereof.That the
premises let for residential purposes are required bona fide by the landlord for occupation as a residence for himself
or for any member of his family dependent on him, if he is the owner thereof, or for any person for whose benefit
the premises are held and that the landlord or such person has no other reasonably suitable residential
accommodation. The premises let for residential purposes which having been let for use as a residence are, without
the consent of the landlord, used incidentally for commercial or other purposes. -The premises have become unsafe
or unfit for human habitation and are required bona fide by the landlord for carrying out repairs which cannot be
carried out without the premises being vacated.-The premises are required bona fide by the landlord for the purpose
of building or re-building or making thereto any substantial additions or alterations and that such building or re-
building or addition or alteration cannot be carried out without the premises being vacated -The premises were let to
the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the
tenant has ceased, , to be in such service or employment.-The landlord requires the premises in order to carry out
any building work at the instance of the Government or the Delhi Development Authority or the Municipal
Corporation of Delhi in pursuance of any improvement scheme or development scheme and that such building work
cannot be carried out without the premises being vacated. In Freddy Fernandes v. P. L. Mehra, 1973 R.C.R. 53(2),
the case-law on the meaning of the expression bona fide as used in clause (e) was reviewed and it was held that the
bona fides of the claim could be subjective only insofar as the landlord has the right to choose between alternative
accommodations according to his convenience. If one of them is more convenient to him than the other, he is
entitled to choose the one which is more convenient. But the extent of his need cannot be left to his fancy. It has to
be reasonable in the circumstances of the case. In that sense the need has to be objectively judged. Sub-Tenancy
According to section 17 of the Delhi Rent Control Act, 1958, the tenant has to give notice to the landlord of the
creation of the sub-tenancy within one month of the date of such sub-letting and notify the termination of such sub-
tenancy within one month of such termination. In the case Raghubir Singh Vs. Savitri Devi and ors.,
AIR1974Delhi108; 9(1973)DLT352; 1973RLR331 it was stated by the court that, “as a matter of construction of the
relevant provisions of the 1958 Act, there is abundant authority for the proposition that even a deemed lawful
subtenant has to serve the requisite notice in order o acquire the status of a tenant and to claim protection from
eviction in execution of a decree for eviction passed against the tenant on any of the grounds mentioned in Section
14 of the Act.” Tenants Perspective-The Delhi Rent Control Act 1958 was also meant to protect tenants’ interests
and although it has served them well, the law became a tool to harass landlords over the next decades. -Outstation
students studying at colleges in Delhi pleads that the defunct state of the law allows landlords to exploit them. These
students, miles away from home, are the most defenseless lot of tenants and do not possess any choice but to heed
to the demands of their landlords.Protection against Eviction –A tenant cannot be arbitrarily asked by a landlord to
vacate his premises.-Only non-payment of rent or discreet subletting are the two technical defaults committed by a
tenant that allowed a landlord to take back his property.-Heirs of statutory tenant are entitled to same protection
against eviction as affordable to tenant under the Delhi Rent Control Act. Conjoint reading of the following two
caselaws: Damadilal & Ors v. Parashram & Ors, 1976 (4) SCC 855 and Gian Devi Anand v. Jeevan Kumar & Ors,
1985 (2) SCC 683, settles the position of law on this score, stating that, statutory tenancies under both- commercial
and residential tenancies can be inherited.

Model Tenancy Act 2019-The housing ministry on July 10, 2019 placed in public domain for suggestions, a policy that
would act as the model act for states and union territories (UTs) to regulate this segment.-The Model Tenancy Act,
2019, takes forward what was proposed in the Draft Model Tenancy Act, 2015.-The policy also does not have any
retrospective effect. It means existing rental contracts remain outside the purview of the policy. -There are two
notable changes that have been made in the 2019 policy; a In order to bring transparency, fix accountability and
promote fairness in the rental housing segment, the policy proposes setting up of a rent authority. B case of a
dispute, landlords and tenants will have to approach the rent authority for settlement. In case they are not satisfied
with the order of the authority, they can challenge it in the rent court/rent tribunal within 30 days from the date of
the order. The court/tribunal should not take more than 60 days to dispose the case, adds the policy. Security
deposit: Landlords cannot seek an amount more than two month’s rent as security deposit. This deposit would be
returned to the tenant. Rent revision: The policy states that if a rent agreement is made for a specific period, the
landlord cannot increase the rent amount within this period, unless a provision to that effect has been expressly
stated in the agreement. The landlord will have to give a written notice, three months in advance before revising the
rent. Landlords can increase the rent if they have incurred expenditure on account of improvement, addition, or
structural alteration which does not include ‘repairs.’ Entering the rented premises: The landlord must give the
tenant a notice of 24 hours in advance (this could be sent using any electronic medium) to enter the premise. The
visiting time has to fall between 7 am to 8 pm. Maintenance of the rented premises: The responsibility to maintain
the premises lie with both the parties. The rent agreement will have to specifically mention who takes care of what,
in case of damages. If the responsibility lies with the landlord and he refuses to do the needful, the tenant can
deduct the money he spent on the same in the monthly rent. In a reverse situation, the landlord can deduct the
amount from the security deposit. In case the amount is larger than the deposit, the tenant will be liable to pay the
balance. Subletting: Tenants cannot sublet part of whole of the rented building without the prior permission from
the landlord. If they have permission to do so, tenants cannot charge an amount more than the rent they pay
themselves. Compensation for overstay: After the termination of the rent period, the landlord will be liable to get
double the monthly rent for two months and four times the monthly rent thereafter, for the use and occupation by
the tenant. Eviction: The landlord could move the rent court in case the tenant does not pay rent for two months. If
the tenant corrects the situation within one month of the matter reaching court, they will be allowed to stay, if this is
their only default in the course of that year. In case the premises are not fit for habitation, the tenant would be
within his right to leave it after serving a 15-day notice period.

Statutory Tenant: A tenant is a protected species under the Maharashtra Rent Control Act, 1999 and is often aptly
referred to as a statutory tenant. He can be evicted only on the limited grounds mentioned in the said Act. The most
common ground being “the premises are reasonably and bona fide required by the landlord for occupation by
himself or by any person for whose benefit the premises is held.” It is justifiable that ‘destruction of the premises by
the tenant’ gives the landlord the right to seek repossession of his property and end the tenancy. Change of use, as
well as/or non-use of the premises by the tenant for a continuous period of six months, is yet another ground for
eviction under section 16 of the Rent Control Act. A statutory tenant pays a nominal rent. Upon his death, any
relative residing with him at the time of his demise steps into the former’s shoes by law. No testamentary bequest
can be made by the tenant in respect of his tenancy rights nor can he transfer, mortgage, sub-let, give on license
basis, or otherwise part with his tenancy rights. A tenancy is a creation of the statute and lives as well as falls as by
the provisions thereof. Any transgression may cost a tenant dear. Licensee: A licensee finds a place for himself at the
bottom of the pyramid. He has no interest whatsoever in the premises. As suggested by the term ‘license’, a licensee
occupies premises at the pleasure of the licensor/owner. In wonderful legalese, section 52 of the Indian Easement
Act, 1882 defines ‘license’ as follows. “Where one person grants to another, or to a definite number of other
persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would,
in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the
property, the right is called a license”. This wafer thin right is therefore regarded as the safest option by premises
owners in Mumbai. And why not: if a licensee refuses to vacate residential premises, under the Rent Act, a fast track
Competent Authority can decide on matters governing eviction and mesne profits. Mesne profits can be as much as
twice the license fee fixed under the agreement. Needless to add, all the three types of instruments- tenancy
agreement, lease deed and a leave and license agreement- are compulsorily registerable. Not registering of a
tenancy or a leave and license agreement can land the landlord/owner behind bars for a term extending up to three
months!
Lessee: In the hierarchy of possessory rights, the position of the lessee is far superior. Here, the Transfer of Property
Act comes into play. It is a transfer of a right to enjoy property by the lessor/owner in favour of the lessee, so much
so that, unless there is a contract or a local usage to the contrary, a lessee can assign, sub-lease, mortgage, or part
with his interest in the property. A lessee does not live under the fear that, on the grounds of bona fide
requirements his lessor will have him evicted from the premises.
He breathes freer air. It is not unusual to come across leases for a term of 100 years or even in perpetuity.
There is precious little that an owner can do once he has leased out his property. GROUNDS OF EVICTION: Section 14
of the delhi rent control act, 1958 provides for various grounds available to a landlord for evicting a tenant. The
landlord cannot evict any tenant without any valid reason. the circumstances under which a tenant can be evicted
are mentioned below, but in those cases also the landlord has to make an application to the controller for the
recovery of the possession on the below mentioned grounds:- 1. section 14(1)(a) the tenant has neither paid nor
tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a
notice of demand for the arrears of rent has been served on him. 2. section 14(1)(b) without obtaining the consent of
the landlord in writing, the tenant has sub-let, assigned or parted with the possession of the premises. section 14(1)
(c)That the tenant has used the premises for purpose other than that for which they were let-( i ) If the premises
have been let on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord; or (ii) If
the premises have been let before the said date without obtaining his consent; section (14)(d) That the premises
were let for use as a residence and neither the tenant nor any member of his family has been residing therein for a
period of six months immediately before the date of the filing of the application for the recovery of possession
thereof. section (14)(e)That the premises let for residential purpose are required bona fide by the landlord for
occupation as a residence for himself or for any member of his family dependent on him, if he is the owner thereof,
or for any person for whose benefit the premises are held and the landlord or such person has no other reasonably
suitable residential accommodation; section (14)(f)That the premises have become unsafe or unfit for human
habitation and are required bona fide by the landlord for carrying out repairs which cannot be carried out without
the premises being vacated. section (14)(g) That the premises are required bona fide by the landlord for the purpose
building or re-building or making thereto any substantial additions or alterations and that such building or re-building
or addition or alteration cannot be carried out without the premises being vacated; section (14)(hh)That the tenant
has, after the commencement of the Delhi Rent Control (Amendment) Act, 1988, built a residence and ten years
have elapsed thereafter;] section (14)( i ) That the premises were let to the tenant for use as a residence by reason of
his being in the service or employment of the landlord, and that the tenant has ceased, to be in such service or
employment; section (14)(j) That the tenant has, whether before or after the commencement of this Act, caused or
permitted to be caused substantial damage to the premises; section (14)(k) That the tenant has, notwithstanding
previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by
the Government or the Delhi Development Authority or the Municipal Corporation of Delhi while giving him a lease
of the land on which the premises are situate; section (14)(l) That the landlord requires the premises in order to
carry out any building work at the instance of the Government or the Delhi Development Authority or the Municipal
Corporation of Delhi in pursuance of any improvement scheme or development scheme and that such building work
cannot be carried out without the premises being vacated. Section 25B of the Act-Section 25B of the Delhi Rent
Control Act, 1958 describes the special procedure for the disposal of applications for eviction on the ground of bona
fide requirement. It has a total of 10 subsections for defining the same. This section provides a procedure for the
landlord if he wants to recover the possession of the property. Subsection (1) specifies that the recovery of
possession of any premises should be one based on the following grounds – As given in clause (e) of subsection (1) of
Section 14 which states that the premises which are let out are required in a bonafide manner by the landlord for his
purpose or any of his family members if the landlord is an owner himself; or if the landlord or any other person for
whom the premise is held, has no other suitable options to reside, it is a sufficient and a bonafide ground; or Section
14A states that the landlord owning any residential accommodation in Delhi or property given to him by the Central
government or local authority must vacate such property if ordered by the government/authority. This is done so
that they could be allotted to more deserving ones. Also, he must take responsibility for the government
accommodation in case of any default. Such a person, who has been required to vacate or incur obligations in
respect of public premises must be enabled to shift to residential accommodation owned by him. Therefore, a right
is inferred on such a landlord. Apart from this, there should be an existent relation between landlord and tenant and
the landlord (or his wife or child) must be the owner of the premises. In case the landlord satisfies the conditions
mentioned in Section 14A, a special right to obtain eviction accrues to him or Section 14B or 14C or 14D can also be
referred to. Further under Section 25B, subsection (2), for every such application as we saw above, the Controller has
to issue the summons. Subsection (3) elaborates on the way by which the summon has to be issued – Clause (a) –
the Controller shall issue the summon to be served by registered post along with the issue of summons for service on
the tenant, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or
his agent actually and voluntarily resides or carries on business. And if required, he shall also publish the summon in
the newspaper. Clause (b) – when the clause containing summon is received back by the Controller or the
acknowledgment is signed by the tenant and that is received by the Controller, then it is said that the service of
summoning is made. Subsection (4) states the next step, wherein after the summon is served on a tenant, the
tenant cannot contest the eviction. If he wants to do so, he has to file an affidavit with proper grounds and reasons.
The Controller shall provide him with the proper time to contest such application (Subsection 5) and after giving such
time, shall proceed with the hearing as soon as possible (Subsection 6). In case of default in appearing for such
objection or otherwise in appearing for summons, it will be assumed that the application for eviction is accepted by
the tenant. The Act strictly lays down that no appeals should lie against an order passed on recovery of premises by
the Controller, provided that the High
Court can ask for records of the case and pass orders on it (Subsection 8) and if no review is ordered by
High Court, then the Controller can use his power of review.
DISPUTE SETTLEMENT MECHANISMS Appointment of Controllers and additional controllers (sec. 35) 1. The central
government may be, by notification in the official Gazette, appoint as many controllers as it thinks fit, and define the
local limits. 2. The central government may also, by notification in the official gazette, appoints as many additional
controllers as it thinks fit and an additional controller shall perform such of the functions of the controller. 3. A
person shall not be qualified for appointment as a controller or an additional controller, unless he has for at least five
years held a judicial office in india or has for at least seven years been practicing as an advocate or a pleader in india.
POWERS OF CONTROLLER (section 36) 1. the controller may- (a) transfer any proceeding pending before him for
disposal to any additional controller (b) withdraw any proceeding before any additional controller and dispose it of
himself or transfer the proceeding for disposal to any other additional controller. 2. the same powers as are vested
in a civil court under the CPC , 1908 (a) summoning and enforcing the attendance of any person and examining him
on oath (b) requiring the discovery and production of documents (c) issuing commissions for the examination of
witnesses (d) any other matter which may be prescribed. 3. purpose of holding any inquiry or discharging any duty
(a)24 hours notice in writing enter and inspect or Authorize any officer at any time between sunrise and sunset. (b)
by written order, to produce for such accounts, books or other documents relevant inquiry at such time and at such
place as may be specified in order. 4. Appoint one or more persons having special knowledge of the matter under
consideration. APPEAL TO THE TRIBUNAL (sec. 38) 1. an appeal shall lie from every order of the controller made
under this act to the rent control tribunal thereinafter consisting of one person only to be appointed by central
government by notification in the official gazette. 2 an appeal under sub section 1 ) shall be preferred within thirty
days from the date of the order made by the Controller:Tribunal may entertain the appeal after the expiry of the said
period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in
time. 3.The Tribunal shall have all the power vested in a court under the Code of Civil Procedure, 1908 (5 of 1908),
when hearing an appeal.4. Without prejudice to the provisions of sub-section (3), the Tribunal may, on an
application made to it or otherwise, by order transfer any proceeding pending before any Controller or additional
Controller to another Controller or additional Controller and the Controller or additional Controller to whom the
proceeding is so transferred may, subject to any special directions in the order of transfer, dispose of the
proceeding. 5 A person shall not be qualified for appointment to the Tribunal, unless he is, or has been a district
judge or has for at least ten years held a judicial office in India. Amendment of orders (section 40) Clerical or
arithmetical mistakes in any order or errors accidental slip or omission may, be corrected by the Controller or an
application received in this behalf from any of the parties or otherwise. section 42 Controller to exercise powers of
civil court for execution of other orders.- Act shall be executable by the Controller as a decree of a civil court and for
this purpose, the Controller shall have all the powers of a civil court. section 43 Finality of order.- every order made
by the Controller or an order passed on appeal under this Act shall be final and shall not be called in question in any
original suit, application or execution proceeding. Procedure for settlement of rent disputes *A Rent Court shall
have the jurisdiction to hear and conclude an application regarding rental disputes between a tenant and an owner.
The former, to discharge its function under MTA, 2021, will have the same powers as bestowed upon a Civil Court by
the Code of Civil Procedure, 1908.* Matters regarding the question of ownership and the title of premises shall be
beyond the jurisdiction of the Rent Court. A Rent Court has to hear and conclude a case within a time limit of 30 days
from the date of receipt of the case application. In the event of a failure to do so, the concerned Court will have to
record the reasons for the same, in writing. *The party unsatisfied with the final order passed by the Rent Court can
file an appeal to the Rent Tribunal concerned. This appeal has to be filed within thirty days post the conclusion of the
case. The said Tribunal will have to fix a date and dispose of the appeal within 30 days and 120 days, respectively,
post receipt of the said appeal. The Rent Tribunal has the power to set aside, confirm or modify a final order passed
by a Rent Court. A Rent Court, after completion of all hearings for an application, shall execute a final order by
adopting one or more of the following modes:-The person in whose favour the decision has been made shall be
granted possession (no title change) of the concerned premises.-The person against whom the decision has been
made shall have one or more of his/her bank accounts attached, and the payable amount will be stated. -The
appointment of an advocate, or any other qualified person from the local administration, local body, or from a Rent
Court itself, shall be made for seeing through the execution of the said Court’s final order.

UNIT 2 INTRODUCTION Urbanization has become a common feature of Indian society. Growth of Industries has
contributed to the growth of cities. As a result of industrialization people have started moving towards the industrial
areas in search of employment. This has resulted in the growth of towns and cities. Urbanization can also be defined
as a process of concentration of population in a particular territory. According to Mitchell urbanization is a process of
becoming urban, moving to cities, changing from agriculture to other pursuits common to cities. Urban population
(% of total) in India was last measured at 32.75 in 2015, according to the World Bank. Urban population refers to
people living in urban areas as defined by national statistical offices. It is calculated using World Bank population
estimates and urban ratios from the United Nations World Urbanization Prospects. This page has the latest values,
historical data, forecasts, charts, statistics, an economic calendar and news for urban population (% of total) in India.
Causes of Urbanization: Various reasons have led to the growth of cities. They are as follows: *Industrialization:
Industrialization is a major cause of urbanization. It has expanded the employment opportunities. Rural people have
migrated to cities on account of better employment opportunities. *Social factors: Many social factors such as
attraction of cities, better standard of living, better educational facilities, need for status also induce people to
migrate to cities. *Employment opportunities: In rural sector people have to depend mainly on agriculture for their
livelihood. But Indian agriculture is depending on monsoon. In drought situations or natural calamities, rural people
have to migrate to cities. *Modernization: Urban areas are characterized by sophisticated technology better
infrastructure, communication, medical facilities, etc. People feel that they can lead a comfortable life in cities and
migrate to cities.*Rural urban transformation: It is an interesting aspect that not only cities are growing in number
but rural community is adopting urban culture, no longer rural communities are retaining their unique rural culture.
Rural people are following the material culture of urban people. Urban rural transformation can be observed in the
following areas. *Spread of education: The literacy rate has increased among the rural
people. They have become more modernized. Major Issues Related to Urbanization
are:1)Overcrowding:Overcrowding is the condition in which more people are located within a given space than is
considered tolerable from a safety and health perspective. It is caused by over migration in urban areas which leads
to cities growing in population and getting crammed when it gets beyond its capacity. In this situation, people tend
to compete over the limited and scarce resources such as electricity, water, transport, etc. According to United
Nations, the urban population of the world has grown from 751 million in 1950 to 4.2 billion in 2018. In India, many
metropolitan cities like Delhi, Mumbai, Bangalore are suffering from the problem of overcrowding. 2)
Unemployment: Urbanization also leads to the problem of unemployment. People move to urban areas in the hope
of a better standard of living, job opportunities, and better healthcare and as the number of people grows in the city,
the jobs become harder to find and retain. Urban unemployment in India is estimated at 15 to 25 per cent of the
labour force and a big percentage of youth who are unemployed belong to well raised and educated families.
According to National Statistical Office (NSO), India’s unemployment rate is 9.3% in urban areas in 2021. 3) Slums
and Squatter Settlements: Urban areas tend to have a high cost of living but most of the people who move from rural
to urban areas are not in a condition to afford such living. This situation leads to the growth of slums as safe havens
for those who cannot afford the high costs of rent and lack substantial money to purchase apartments in urban
areas. According to the World Bank, the population living in slums in India was reported at 35.2 % of the total urban
population in 2018, The slums are characterized by substandard housing, overcrowding, lack of electrification,
sanitation, ventilation, roads, and drinking water facilities and generally build on underdeveloped or undervalued
land. They are the breeding ground of diseases, environmental pollution, crime, demoralization, and many social
tensions. Dharavi in Mumbai is considered the largest slum in Asia.4) Degradation of environmental quality:
Urbanization is one of the major causes of environmental degradation. The congestion of people in limited spaces
reduces the quality of air and contaminates water. With the increasing population in cities, there is great demand for
facilities such as housing, food, water, transportation, etc. Destruction of forests and agricultural land for the
construction of buildings and factories degrades the land quality. Domestic waste, industrial effluents, and other
wastes that were directly channelized to the rivers, degrade the water quality. Increasing population and their need
to commute from one place to another increase the demand for private vehicles, most of these vehicles run on fossil
fuels, which on burning causes immense amounts of air pollution and degrades the quality of the air. The noise
pollution is produced from large industries and factories which ultimately affect human health.5) Health
Problems:The health conditions of urban poor people in some areas are more adverse compared to rural areas. In
cities, many people lose their life due to a lack of basic amenities like drinking water, clean air, etc. As many as 20
million children in developing countries are dying as a result of drinking water. In cities, people are often diagnosed
with diseases like allergies, asthma, infertility, food poisoning, cardiovascular complications, respiratory failure,
cancer, and death. About 6,00,000 persons are losing their lives on account of indoor and outdoor air pollution and
water pollution.6) Transport problems:Transport problems have increased and become more complex as the town
grows in size. Today almost all cities of India are suffering from an acute form of transport problem. The insufficient
road infrastructure leads to capacity overloading and causes problems such as road accidents, traffic jams, etc. The
inefficient and over-congested public transportation system has further accentuated the problem.7) Sewerage
Problems:Rapid urbanization leads to the unplanned and haphazard growth of cities and most of these cities are
plagued with inefficient sewage facilities. Not a single city in India has a fully developed sewage system. Most cities
do not have proper arrangements for treating the sewage waste and it is drained directly into a nearby river or in the
sea. Such practice is common in Delhi, Mumbai, and other metropolitan cities. According to GOI almost 78 per cent
of the sewage generated in India remains untreated and is disposed of in rivers, lakes, or sea.8) Water problem: The
rampant growth of the population in urban areas makes water a very scarce resource and water supply becomes
strained and inadequate to meet the demands of the large population. The water problems have worsened with the
increase in water pollution because of poor sewerage systems and a lack of preventive measures for managing local
water pollution. Today we have reached a stage where no city in India gets sufficient water to meet the daily needs
of city dwellers. According to a report published by WWF, 30 Indian cities would face a grave water risk by 2050 due
to sharp increases in urban population. 9) Trash problem: Mountains of garbage outside the city area have become
the hallmark of any metropolitan city in India. These cities produce a lot of waste daily, moreover, these cities do not
have proper arrangements for garbage disposal and the existing landfills are full to the brim that they cannot
accommodate more trash, this subjects the people living in such areas to multiple health risks like dysentery,
malaria, plague, jaundice, diarrhoea, typhoid, etc. These landfills are hotbeds of disease and innumerable poisons
leaking into their surroundings causing air and water pollution.10.Crime rates: Shortage of resources, overcrowding,
higher poverty rates, unemployment, and a loss of social services and education lead to social issues such as
violence, drug misuse, and crime. Government schemes to manage urbanization*Smart cities mission- The National
Smart Cities Mission is an urban renewal mission launched in 2015, to promote cities to provide core infrastructure,
a clean and sustainable environment, and a decent quality of life to their citizens through the application of ‘smart
solutions’. *AMRUT (Atal Mission for Rejuvenation and Urban Transformation) mission-The purpose of AMRUT
which is mainly for urban rejuvenation is to: Ensure that every household has access to a tap with an assured supply
of water and a sewerage connection. Increase the amenity value of cities by developing greenery and well
maintained open spaces (e.g. parks) and Reduce pollution by switching to public transport or constructing facilities
for nonmotorized transport (e.g. walking and cycling).*Swacch Bharat mission- It was launched in 2014 to accelerate
the efforts to achieve universal sanitation coverage and to ensure that the open defecation free (ODF) behaviours
are sustained, no one is left behind, and that solid and liquid waste management facilities are accessible, the Mission
is moving towards the next Phase II of SBMG i.e ODF-Plus. Swacch Bharat mission Urban 2.0 was allocated funds in
Union Budget 2021 . The goal of the Swachh Bharat Mission Urban 2.0 is to make all the cities garbage-free with
sophisticated waste management systems.*HRIDAY (Heritage City Development and Augmentation Yojana)-National
Heritage City Development and Augmentation Yojana (HRIDAY) was launched on 21 January 2015 to bring together
urban planning, economic growth, and heritage conservation in an inclusive manner to preserve the heritage
character of each Heritage City. *PM Awas Yojana- The Housing for All scheme was an initiative of the Indian
government to establish housing facilities for slum dwellers and was introduced by the Indian government’s Ministry
of Housing and urban affairs. The mission has an Urban part and Gramin part to comprehensively acknowledge the
diversity of the Indian landscape. *Atmanirbhar Bharat Abhiyan- Atmanirbhar Bharat Abhiyan(Self-reliant India
Mission) is a campaign launched by the Central Government of India which included an Rs.20 lakh crore economic
stimulus package and several reform proposals. The five pillars of the mission are- economy, infrastructure, system,
democracy, and demand. Way forward to urbanization*Sustainable, planned, and eco-friendly cities: Governments’
efforts to build smart, safe, environmentally friendly, and affordable cities should get more boost and legal backing
as well. *Private investments: More investments can be encouraged for green living and other urban initiatives for
sustainable landscapes. *Access for all: every resident should be able to access all the services, without
discrimination of any kind. Disabled friendly and inclusive infrastructure should be made mandatory in urban areas.
*Employment: To mitigate the negative consequences of increasing urbanization while still protecting natural
ecosystems, private investments in environmental resource utilization and employment creation should be
promoted. *Health and Population management: population control is important to manage the spread of diseases.
It will help in creating a healthy society with medical facilities accessible to all. *Poverty alleviation: A bottom-up
approach can be adopted to better understand unique challenges faced by the urban poor and worked upon.
DDA The Delhi Development Authority (DDA) has played a key role in shaping the skyline of the national capital.
From DDA housing schemes to land allotment, the agency has efficiently managed the rising demand for housing,
social infrastructure and public amenities in Delhi. To keep up with technological advancements, the Authority
adopted new innovations that not just improved efficiency of the administration but also cut down on the time taken
to process applications Role of the DDA The DDA was formed in 1957, with the intention of promoting development
in Delhi. The Authority single-handedly manages, plans, develops and constructs housing projects and commercial
lands in the national capital. It also provides public amenities, such as parks, roads, bridges, drains, community
centres and sports centres. The Authority is also responsible for designing the master plan for the national territory
and to regulate structured development. The DDA also identifies new land that can be developed into residential
properties and creates self-contained colonies to provide ample space for commercial and retail complexes.
Functions of the DDA *Pioneering urban development-The Authority formulates the master plan for the city to
ensure balanced development, by creating new residential extension areas that are self-contained and provide a
healthy and secure environment. The DDA has created five master plans so far, the latest one being Master Plan
2041. The first master plan was created in 1962, which was revised in 1982. The Master Plan 2001 and 2021 were
created at later stages, to cater to the rising population. *Creating a metropolis infrastructure- According to the
DDA’s official portal, the Authority has so far acquired over 67,000 acres of land, out of which 59,504 acres have
already been developed *Developing commercial facilities- The DDA is also responsible for creating decentralised
commercial spaces and workplaces near residential areas.* Institutional and industrial development-The Authority
has, so far, allotted land to various institutions for social, educational, cultural and religious purposes. Some of these
landmark institutions are at Siri Fort, the Qutab Institutional area, etc. Also, various industrial areas, catering to
almost 12,000 units, have been developed in all corners of the city.* Building a greener and healthier Delhi. The DDA
is also responsible for providing a healthier environment, by keeping extensive open spaces and retaining green belts
and forests. This also includes creation of sports facilities in the
city.*Maintaining historical monuments- The DDA also protects Delhi’s unique historical monuments. Delhi has
about 1,321 listed monuments which are maintained by the DDA. Facts about the DDA-The DDA was the first
development authority formed in Independent India.-As Delhi is a union territory, land is the subject of the union.
This is the reason why the DDA is under the central government and not the state government.-Delhi’s lieutenant
governor is the de-facto chairman and the nominative head of the body.-Delhi is one of the greenest national
capitals in the world.-The DDA has brought many of its services online in the recent past. This includes allotment of
housing units, online application for housing schemes, application for land pooling policy, etc Under section 6 of the
Delhi Development Act, 1957, DDA has provided a charter with the following objectives:-To formulate a Master Plan
for the development of Delhi and work accordingly; -To possess, manage and dispose of land and other property; -To
carry out building, engineering, mining, and other operations. SOME PLANS UNDER DDA :-1. Land Development :
The Delhi Development Authority acquires land for development in Delhi.2 Commercial Properties : DDA undertakes
construction, development and maintenance of commercial properties like retail shops in local markets, shopping
complexes, office complexes, makeshift industrial set ups, hospitals, community halls, clubs, educational institutions,
religious segregation centres etc. These properties are disposed through auctions or tenders.3 Sports
Complexes :Delhi
Development Authority (DDA) aims to provide an entire network of sports facilities through sports complexes, play
fields, multi-facility gymnasiums and fitness centres, golf courses etc. DDA provides the basic infrastructure facilities,
coaching through the top sports persons in India, providing stipends and kits and other facilities to identify and train
budding sports talent in Delhi. HUDA (HARYANA URBAN DEVELOPMENT AUTHORITY) :- HUDA was established in
1977 as a statutory body of the government in 1977 under the
Haryana Urban Development Authority Act, 1977 for planned development of cities in Haryana. On 1 June 2017, the
cabinet of Government of Haryana headed by the Chief Minister Manohar Lal Khattar decided to rename it to the
Haryana Shahari Vikas Pradhikaran (HSVP) because HUDA sounded similar to the surname of former chief Minister
Bhupinder Singh Hooda. Due to lack of co-ordination between Urban Estates Department and other departments of
the Government of Haryana , the growth of estates started slowing down. Besides, as the Department had to follow
the financial rules and regulations of Government, the arrangement of funds and sanction of estimates used to take
a long time and the development works did not keep pace with the required standards of physical achievements. It
was also felt that being a Government department, it was unable to raise resources from various lending institutions
although there were many financial institutions in the country to finance urban development programmes. The
Urban Estates Department was not effective in achieving its defined goals of planned urban development to the
satisfaction of the public at large. Thus, in order to overcome all these difficulties and to achieve the expeditious
development of urban estates, it was felt that the Department of Urban Estates should be converted into such a
body which could take up all the development activities itself and provide various facilities in the Urban Estates
expeditiously and consequently the Haryana Urban Development Authority came into existence on 13-01-1977
under the Haryana Urban Development Authority Act, 1977 to take over work, responsibilities hitherto being
handled by individual
Government departments. DEPARTMENTS :-The authority is divided into the twelve departments. Engineering-
Finance-Town planning-Architecture-Legal- Monitoring- Enforcement- Vigilance- Establishment and Authority-
Policy- Land acquisition- Information technology FACILITIES :-The authority is responsible for development and
maintenance of the following:- Residential areas- Commercial areas- Industrial areas- Institutional areas
Community buildings developed by HUDA in these areas include: -Schools - Colleges-Hospitals-Police stations-
Community centres- Gymkhana clubs -Old age homes - Fire stations Cremation grounds Haryana Urban
Development Authority – HUDA is a statutory body constituted under the Haryana Urban Development
Authority Act, 1977. HUDA was constituted with a mandate to provide:Affordable housing to all sections of the
society;-To promote and secure the development of urban areas in a planned way by acquiring undeveloped
land.-HUDA undertakes various development activities and has developed or facilitated the development of
housing projects, public infrastructure, industrial & commercial places, recreational zones. Also, it has played a
role in providing civic amenities like water supply & drainage systems. -It also provides developed land to
Haryana Housing Board & other institutions to achieve its basic aim of providing housing to all sections of society
with special focus on the economically weaker section of the society. NOIDA (NEW OKHLA INDUSTRIAL
DEVELOPMENT AUTHORITY) :- *Noida, short for the New Okhla Industrial Development Authority, is a planned
city under the management of the New Okhla Industrial
Development Authority (also called NOIDA). It is a satellite city of Delhi and is part of the National Capital
Region of India. As per provisional reports of Census of India, the population of Noida in 2011 was
642,381. Noida is located in Gautam Buddha Nagar district of Uttar Pradesh state in close proximity to NCT of Delhi.
The district's administrative headquarters are in the nearby town of Greater Noida. However, the district's highest
government official, the District Magistrate (DM), has its official camp office in Sector 27, Noida. *The city is a part of
the Noida (Vidhan Sabha) constituency and Gautam Buddha Nagar (Lok Sabha) constituency. Minister of State for
Culture and Tourism Mahesh Sharma is the present Lok Sabha MP of Gautam Buddha Nagar, while Pankaj Singh is
the present MLA of Noida. * Noida was ranked as the Best City in Uttar Pradesh and the Best City in Housing in all of
India in "Best City Awards" conducted by ABP News in 2015. Noida replaced Mumbai as the second-best realty
destination, according to an analyst report. Roads in Noida are lined by trees and it is considered to be India's
greenest city with nearly 50% green cover, the highest of any city in India.

UNIT-1

Land Reforms in India

Land tenure reforms are the only ones covered by the term “land reforms.” The Latin word “teneo,” from which the
term “tenure” is derived, means “to hold.” Thus, the term “land tenure” is used to describe the circumstances
surrounding the ownership of land. Since they aim to end exploitative relationships marked by stark inequalities
between wealthy landowners and destitute peasants without security of tenure, land reforms are seen as a tool for
social justice.
By placing limits on the extent of holdings that a family can acquire, it takes a step against the accumulation of
landholdings in the hands of a small number of absentee/non-cultivating proprietors. Although redistribution of land
is the common understanding of land reforms, their scope is far broader. They primarily consist of five:
1.Eliminating intermediate tenures;2.Rent reforms;3.Distribution of surplus land and a ceiling on land
holdings;4.Holdings consolidation; and5.Gathering and maintaining land records.
Reasons of Land Reforms in India
India’s state policy has always included land distribution. The elimination of the Zamindari system was maybe the
most significant land policy in independent India (feudal landholding practices). India’s land-reform programme had
two main goals: “The first is to remove such impediments to increase in agricultural productivity that result from the
agrarian structure inherited from the past. The second goal, which is closely related to the first, is to eradicate all
forms of social injustice and exploitation within the agrarian system, to protect those who work the soil and
guarantee equality of opportunity and status for all groups of rural residents.
Land Reforms in India had the following objectives:
1.Redistribution of land so that it is not controlled by a small number of individuals.2.A land ceiling that distributes
surplus land to marginal and small farmers.3.The reduction of rural poverty.4.Elimination of middlemenTenancy
reforms5.Increasing production in agriculture.5.The consolidation of land ownership and the avoidance of
fragmentation of the land.6.Promoting cooperative agriculture.7.To promote economic parity and social equality.
8.Tribal protection by preventing outsiders from claiming their ancestral lands.9.Land reforms were also
implemented for industrial and commercial growth.

Impact of Land Reforms in India

1.Elimination of Middlemen such as Landlords
Zamindars and Jagirdars, two strong classes, vanish from existence. This lessened the exploitation of the peasants
because they now owned the land they farmed. The Zamindars, who used numerous strategies to get around the
law, bitterly opposed this action. They used their relatives’ names when registering their own land. In order to
prevent renters from acquiring incumbency rights, they routinely moved tenants among other land parcels.
2.Land Ceiling
A family or individual was only allowed to own a certain amount of land, making it somewhat possible to distribute
land fairly. The land reforms would not have been at least partially effective if only landlords were abolished and
there was no land ceiling. The existence of the land ceiling prevented wealthy farmers or higher-class tenants from
assuming the role as new avatar Zamindars.
3.Possessing Land
Land is a source of social stature in addition to economic wealth. Prior to the implementation of land reforms, it was
not required to keep ownership documents. Additionally, it is required to record all tenancy agreements.
Advantages of Land Reforms in India
1.After intermediaries were eliminated, nearly 2 crore tenants became owners of the land they farmed.
2.A parasitic species has become extinct as a result of the removal of middlemen.3.The government has taken over
more land to give to farmers who lack access to land.4.Private woodlands and substantial tracts of arable wasteland
that belonged to the intermediaries are now mostly owned by the State.5.After the law was repealed, cultivators
had direct communication with the government.
Disadvantages of Land Reforms in India
1.Sharecropping, landlordism, and other institutions survived in many places despite the end of the zamindari.
2.Only the top layer of landlords was removed from the multi-layered agricultural structure.3.It led to widespread
evictions.4.There are several social, economic, administrative, and legal problems as a result of mass eviction.
Agrarian Relations in Pre-Independent India Land ownership and tenurial structure underwent important changes
during the British period. Agrarian structure in different regions displayed considerable diversity. In Eastern India,
landlords owned the bulk of land. In Ryotwari areas of Madras and Bombay presidencies, considerable peasant
proprietorship existed. Elsewhere, conditions ranged between these two types of situations. The thrust of the British
revenue settlements had often been to consolidate middlemen’s claims into landlord-ship. Commercialisation
reinforced this impulse. As agricultural prices rose, landlords and moneylenders bought peasant held lands. The
peasants who thus lost land were not, necessarily, driven out of land. The old peasants cultivated their sold plots as
tenants on a crop sharing basis.

HISTORY The British were formally granted revenue-collection rights in these areas in 1765. % Land Tenure Systems
during the British Rule in India  The Zamindary System: The Permanent Settlement: This system created landlords
that were entrusted with the responsibility of collecting rent from the cultivators. The zamindars were used to act as
intermediaries between the cultivators and the state. On any failure to discharge their obligations, the estates of the
zamindars were liable to be sold by the government for the realization of their dues.  The Ryotwari System: The
new system proceeded to make a revenue settlement directly with the tenants or cultivators, not permanently, but
temporarily without any need of creating the zamindars.  The Mahalwari System: Under this system, the whole
village was treated as a unit and the village lands were held jointly by the village communities. “Primarily each man
cultivates and pays for himself but ultimately, he is responsible for his co-villagers and them for him; they are
ultimately bound together by a joint responsibility Outcomes of landowning systems during the colonial era 
Extreme peasant indebtedness due to sky-high tax rates.  Creation of a class of rich few who mostly exploited the
poor peasant.  Peasants lived in constant fear of eviction.  Poverty was entrenched into the farmer class.

Land Reforms %When India adopted socialistic principles after independence, equality in all spheres – social,
economic and political was envisioned. Land reforms became essential steps towards social and economic equality
as land was a fundamental asset needed for the healthy development of an individual. Thus major objective of land
reforms in free India was to abolish intermediaries and to bring changes in the revenue system that would be
favourable to cultivators. As per the Indian constitution, land reform comes under the list of state subjects, and
hence the responsibility for bringing up regulations for effecting land reforms lied with individual states.  Zamindari
abolition Acts:The first important agrarian reform after independence was the abolition of the Zamindari system. It
act aimed at removing layer of intermediaries who stood between the cultivators and the state. The it succeeded in
taking away the superior rights of the zamindar’s over the land, weakening their economic and political power and
strengthening the actual landholders, the cultivators.

Constitutional Provisions on Agrarian Reforms The government after achieving independence wanted to bring
about several changes in the Agricultural field. The agrarian reform policy was one of the main facets of the social
and economic restructuring of Indian society as well as with the view of enforcing the Guidelines on the preservation
of social and economic justice for those employed on the land. Fundamental rights (Part-III) and Directive Principals
of state policy (Part-IV) are provided in the Constitution of India. Article 23 and Article 48 of the Constitution of India
have abolished Begar or forced unpaid labour in India and have directed the state to organise agriculture and animal
husbandry on a modern-scientific basis respectively. Article 38 specifies that States shall encourage the welfare of
the population by maintaining and supporting it as efficiently as possible. A constitutional order in which the
institution of national life is reformed by justice, social, economic and democratic. In specific, that it aims to minimise
income inequality. Article 39 provides that the State shall direct its policy towards protecting the possession and
management of the material resources of the Society and administer them as best it can to support the common
good and, at the same time, to ensure that the economic structure does not contribute to an accumulation of capital
and means of production at the common expense.
Constitutional Amendments on Agrarian Reforms In the case of State of Bihar v. Kameshwar Singh, The Supreme
Court acknowledged that the land reform law of Bihar was consistent with the values of the state policy of the
Directive to pursue social justice.
Article 31A and 31B enacted by the Constitution (First Amendment) Act, 1951was supplemented by a more detailed
Article by the Constitution (Fourth Amendment) Act, 1955. These reforms abolished the Jagirdars, Zamindars and
other feudal tenures replacing it with a more favourable system. The states now have the right to take over the
management of any land from within the boundaries of the State for a limited amount of time, either in the public
interest or to ensure proper care of the land.
The Constitution (Seventh Amendment) Act, 1964, further clarified the concept of estate to include any property
held under the Ryotwari settlement, any property held or disposed of for agricultural purposes or any ancillary
thereto, including waste land, forest land, land for pasture or building sites and other settlements inhabited by
agricultural labourers and village artisans.
The Constitution (Forty-fourth Amendment) Act, 1978, provided that the right to property is no longer a
fundamental right and Article 300-Awas inserted which states that no person shall be deprived of his property
except by the force of law. Along with the omission of Article 19(1) (f)\ and Article 31 would imply that the
distinction made between people and non-citizens with regard to property has been excluded from Article 19(1)(f).
The omission of Article 31 also contradicts the system introduced by our constitution for the compulsory purchase of
land.
The provision in Article 31 A (1) (a) is not adequate to protect all measures of land reforms and further amendment
of the provision called for. Hence, the Constitution (Seventh Amendment) Act, 1964 by which the definition of estate
was further explained to include any land held under Ryotwari settlement.