Mixed Land Use in Delhi

In the recent past there has been a tug of war in the Capital between the Traders and the Statutory Authorities for eg. Delhi Developmental Authority (DDA), Municipal Corporation of Delhi (MCD) and Resident Welfare Associations on the issue of Mixed Land Use.

Let us first understand what is meant by the terminology “Mixed Land Use” :
The Master Plan defines mixed land use as identified properties on roads no less than 18 meters in width, where commercial activity will be permitted on the ground floor and where the first and second floors are to be used strictly for residential use.

In the last two decades the population of Delhi has increased to almost double its size which has resulted into mushrooming of various Commercial Activities on the streets of Delhi. Such Commercial Activities have led to the violation of various Building Bye laws and Notifications.

The notification of Master Plan- 2021 on 07/02/2007 has further led to the opening of a Pandora’s Box with litigations clogging the Apex Court against the various provisions of Master Plan. The most serious objection to the proposed provisions for mixed land use is that it seeks to effect not only the existing usage, but it also gives a clear signal for the creation of mixed land use of units in the several categorised colonies as existing in C, D, E, F and G Categories in residential plots facing roads of Road of Width as low as 13.5 meters , 9 meters and 6 meters.

The government believes that the liberal mixed land use and commercial activities in residential areas, coupled with the go-ahead to tall buildings under relaxed building bye laws, the Master Plan for Delhi (MPD) 2021 will work towards decongesting the city with a proper infrastructure schemes. It has formulated the Mixed Land Use regulation in the following ways:-

Permissible Mixed Land Use
According to Gazette Notification, mixed land use is allowed in the residential areas in the following manner (The Street has to be compulsorily notified under Mixed Land Usage):

  • Retail shops (except hazardous, nuisance causing) allowed in residential premises up to maximum 25 percent of the ground floor coverage, or 50 square meters of floor area, whichever is less, only on ground floor.
  • Professional offices up to 25 percent of FAR or 100 square meters, whichever is less, on any floor.
  • Vide Gazette Notification dated 11.03.2003, Nursing Homes, Guest Houses and Banks have been permitted in residential plots having more than 209 square meters (250 square yards) size and facing minimum 18 meter wide roads (13.5 meter wide in rehabilitation colonies and 9 meter wide roads in walled city/ Special Area).
  • Non-polluting household industries allowed in residential plots to the extent of 25 percent of floor space, or 30 square meters, whichever is less.

  • Non-Permissible Mixed Land Use
    With a view to ensure security, safety and environmental quality, of residential areas, the following activities are not allowed:-

    • Retail shops - building materials, timber, building products, marble, iron, steel and sand, firewood, coal.
    • Repair shops - automobile repair and workshops, cycle rickshaw repairs, tyre resorting and retreading, battery charging.
    • Service shops - flour mills, (more than 3 KW power load), fabrication and welding.
    • Storage, godown and warehousing.
    • Manufacturing units (excluding household industry).
    • Junk shop.

    Registration of Mixed Land Use Premises & Charges:-
    Any Residential Premises intending to be put under mixed Land Use has to get itself registered with Competent Authority i.e MCD after filling in a Form and pay one time registration charges (Rs. 500/- at present). The Competent Authority after registration, charges yearly payment of Mixed Use Charges and such charges are payable as per the existing charges of the particular colony. (Such rates keep on being notified vide various Notifications from time to time per se Categories of Colonies).

    Other formalities of Mixed Land Use:-
    The Competent Authority enters into an Agreement with the owner/ occupier of such premises and the terms and the conditions of the said Agreement has to be observed in all occasions, breach/ violation of any of the term or condition of the NOC/ Agreement can lead to Cancellation/ Withdrawal of Mixed Land Permission. The Competent Authority also issues a Revised Sanctioned Plan for the said Premises with clear demarcation of area/ space being used under Mixed Land Use.

    Raghvendra P. Singh
    Legal Dept.
    New Delhi

    Quick Contact

    Best Law Firm in Delhi

    Contact Us

    • Registered Office
    • E-165, Kamla Nagar,
    • Delhi Office
    • 301, Pearl Best Height-1, Netaji Subhash Place, Pitam Pura, New Delhi-110034
    • Office Phone No.
    • (+91) 11-41008002
    • Office Fax No.
    • (+91) 11-41008002
    • Delhi Office 2
    • Level 1, (Regus) Red Fort Capital Parsvnath Towers, Bhai Veer Singh Marg, Gole Market, New Delhi 110001
    • Phone no:
    • (+91) 11 6678 2492
    • Fax no:
    • (+91) 11 6678 2403
    • UAE Office
    • PO Box-3718, Ajman, UAE
    • London Office
    • 82 Clenshaw Path Basildon Essex SS142FP United Kingdom
    • Email Address

    • info@conceptlegalinternational.com