Mixed use regulations

As per Master Plan for Delhi-2021 under the Mixed Use Regulations following mixed use/commercial activities are permissible in residential premises (Details as per clause 15 of MPD-2021).

1. MIXED USE STREETS: – Details as per clause 15.3, 15.4, 15.5, 15.6.1, 15.6.2 & 15.9 of MPD-2021.

2. COMMERCIAL STEETS: – Details as per clause 15.12 of MPD-2021.

3. SMALL SHOPS: – Details as per clause 15.6.3 & 15.9 of MPD-2021.

4. OTHER ACTIVITIES: – Details as per clause 15.7 & 15.9 of MPD-2021.

5. PROFESSIONAL ACTIVITES: – Details as per clause 15.8 & 15.9 of MPD- 2021.

6. GROUP HOUSING: – Details as per clause 15.3.2 (4), 15.6.3 & 15.9 of MPD- 2021.

NOTIFIED MIXED USE STREETS (including pedestrian streets) vide GNCTD notifications dated 15/09/2006 & 12/04/2007.

(i) Retail shops shall be permitted on plots abutting streets duly notified for mixed use, only on the ground floor up to the maximum permissible ground floor coverage.

(ii) Shops operating from basement on such streets on 7.2.2007 i.e. date of Notification of MPD-2021 may continue, subject to relevant provisions of building by laws, structural safety and fire safety clearance. However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used, subject to payment of appropriate charges prescribed with the approval of Government.

The following activities shall not be allowed under Mixed Use Streets:

(a) Retail shops of building materials [timber, timber products (excluding furniture), marble 1, iron and steel, (gravel, cement and sand 2], firewood, coal and any fire hazardous and other bulky materials.

(b) Repair shops/workshops of automobiles, tyre resoling and re-treading, and battery charging.

(c) Storage, go-down and warehousing.

. (d)  Junk shop (except paper and glass waste)

. (e)  Liquor shop

. (f)  Printing, dyeing and varnishing

. (g)  Any other activity that may be notified from time to time by
Notes:
Will not include:

Government

1. Business of finished marble products where cutting and polishing activity of marble is not undertaken.

2. Retail shops of gravel, sand and cement shall be permissible in residential plots of at least 50sqm. in notified mixed use streets in E, F and G category colonies, provided that the material is kept entirely within the plot premises.

3. Repair shops and workshops in case of automobiles shall not be prohibited on plots abutting mixed use streets or commercial streets of right of way (ROW) of 30m or more.

NOTIFIED COMMERCIAL STREETS (including pedestrian shopping streets) vide GNCTD notifications dated 15/09/2006 & 12/04/2007.

On notification of a commercial street/area under this clause, such streets/areas shall be considered as local shopping centres as mentioned in Chapter 5.0 of Master Plan for Delhi [MPD] 2021.

Activities permitted under Local Shopping Centre as given below:

Retail Shopping, Stockists and dealers of medicines and drugs, Commercial Offices, Clinical Laboratory, Clinic & Poly Clinic, Repair/Services, Bank, ATM, Guest House, Nursing Home, Informal Trade, Coaching Centres/Training Institutes, Restaurant.

Shops operating from basement on such streets on date of notification of the MPD 2021 may continue, subject to relevant provisions of building bye laws, structural safety and fire safety clearance. However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used subject to payment of appropriate charges prescribed with the approval of Government.

THE SMALL SHOPS of maximum 20 sqm. area, trading in or dealing with the following items/activities, may be allowed on ground floor only, in residential premises, including in A and B category colonies:

. i)  Vegetables / fruits / flowers

. ii)  Bakery items/Confectionary items;

. iii)  Kirana/General store;

. iv)  Dairy product;

. v)  Stationery/Books/Gifts/Book binding;

. vi)  Photostat/Fax/STD/PCO;

. vii)  Cyber café/Call phone booths;

. viii)  LPG booking office/Showroom without LPG cylinders;

. ix)  Atta Chakki;

. x)  Meat/Poultry and Fish shop;

. xi)  Pan shop;

. xii)  Barber shop/Hair dressing saloon/Beauty parlour;

. xiii)  Laundry/Dry cleaning/ironing;

. xiv)  Sweet shop/Tea stall without sitting arrangement;

. xv)  Chemist shop/Clinic/Dispensary/Pathology lab;

. xvi)  Optical shop;

. xvii)  Tailoring shop;

. xviii)  Electrical/Electronic repair shop; and

. xix)  Photo studio;

. xx)  Cable TV/DTH Operation;

. xxi)  Hosiery/Readymade Garments/Cloth shop;

. xxii)  ATM

. xxiii)  Cycle Repair Shop

. xxiv)  Ration shop & Kerosene Shop under PDS.

Issue relating to number of small shops to be permitted in one plot is pending before the Hon’ble Supreme Court in the above referred case. The decision of the Hon’ble Courts shall be binding on the plot owner/allottee/residents/user irrespective of the deposition of conversion/ registration charges.

OTHER ACTIVITIES (As per MPD-2021, clause 15.7)

Subject to the general conditions given in para 15.4 of MPD-2021 and additional conditions given in para 15.7.3 of MPD-2021 the following public and semi-public activities shall also be permitted in the residential plots abutting roads of minimum ROW [Right Of Way] prescribed in 15.7.2 of MPD-2021, whether or not the road is notified as mixed use street:

. (a)  Pre-primary school (including nursery / Montessori school, crèche.)

. (b)  i. Nursing home
ii. Clinic, Dispensary, Pathology lab and Diagnostic center.

. (c)  Guest house (including lodging houses) irrespective of number of rooms.

. (d)  Bank

. (e)  Fitness Center (including gymnasium, yoga/ meditation center)

. (f)  Coaching center /tuition centres other than those imparting structured course leading
directly to the award a degree of diploma or conducting classes such a regular school.

PROFESSIONAL ACTIVITY – subject to general terms & conditions specified in para 15.4 & 15.8 of Master Plan of Delhi-2021 following professional activities are permissible in Plotted Development and Group Housing

i. Professional activities shall mean those activities involving services based on professional skills namely Doctor, Lawyer, Architect, and Chartered Accountant, Company secretary, Cost and Works Accountant, Engineer, Town Planner, Media professionals and Documentary Film maker.

NB : In view of the stay order passed by the Hon’ble Supreme Court in relation to professional activities, currently registration/mis-use/car parking charges etc,. are not payable at present.

GROUP HOUSING in all categories of colonies

Only professional activity, and small shops in terms of para 15.6.3 shall be permissible in group housing. Retail shops specifically provided for in the lay out plan of group housing would be permissible.

SPECIAL AREA
The Registration, Conversion Charges & Parking Charges in special areas shall be

governed as follows.

. i)  Residential areas and streets/stretches earlier declared as commercial areas/streets or where commercial use was allowed in MPD-1962 shall continue such use at least to the extent as permissible in MPD-1962. No charges for conversion and parking would be charged from these areas.

. ii)  Commercial activity to the extent being carried out in Special Area prior to 1962 shall be permissible, subject to documentary proof, without any payment of conversion charges and parking charges.

. iii)  Any commercial activity in special area, at places not covered under (i) and (ii) above, started after 1962 till 7.2.2007 (when the MPD-2021 was notified) shall be permissible subject to registration and payment of conversion and parking charges.

PERMISSIBLE AND NON-PERMISSIBLE USES

Any trade or activity involving any kind of obnoxious, hazardous, inflammable, non-compatible and polluting substance or process shall not be permitted. As per clause 15.5 of MPD 2021.

All the concerned owners/allottee/resident/user of the premises covered by Mixed- Use Regulations as described above are required to get their use registered and to pay the registration charges, entire mixed use charges and parking charges as per the provision of MPD 2021 & DDA notification dt. 22/06/2007 as detailed below:

ANNUAL MIXED USE CHARGES

The premises under mixed use shall be subject to levy of Annual Mixed use charges for the period upto which the premises remain / likely to remain under mixed use. The Annual Mixed Use charges for the financial year 2006-07 and 2007-08 for different categories of colonies shall be as under:

The owner / allottee / resident / user of the premises shall have option to make one time payment of mixed use charges, which shall be as follows.
(a) For MCD areas: –

(Rates in Rs. Per Sq. Mt. built up area)

The annual mixed use charges for mixed land street / commercial streets / areas shall be the same.

ONE TIME CHARGES FOR DEVELOPMENT OF PARKING

The owner / allottee / resident / user of the plot / dwelling unit under the mixed land use shall also be liable to pay one time charges for development of parking and such rate for one ECS per 50 Sq. mtr. of plot area shall be as under :-

Rates in Rs per sqm. built up area

S.No.

Type of mixed use

A&B

C&D

E,F&G category of colony

1

Retail Shops

767

511

192

2

Other Activities

383

256

96

S.No.

Type of mixed use

A&B Category

C&D Category of colony

E,F&G category of colonies

1

Retail Shops

6136

4088

1536

2

Other Activities

3064

2048

768

A&B category of colonies C&D category of colonies E,F&G category of colonies

Rs. 2,10,500/- Rs. 1,49,750/- Rs. 66,500/-

Out of the total one time charges for development of parking, 1/3rd was to be paid on or before 30.6.2007 and the remaining 2/3rd by 31.3.2008.

No development charges for parking shall be payable by small shop owners of area upto 20 sqm. dealing with the items/activities as defined in para 15.6.3 of the MPD-2021 in respect of any category of colonies.

Development charges for parking shall also not be payable by owner/ allottee / resident/user of the plot / dwelling units falling under notified pedestrian shopping streets both mixed use or commercial pedestrian streets.

Procedure for registration and payment of annual mixed use charges

ALL THE REGISTRATION OF MIXED USE PREMISES (ON MIXED USE STRETS, COMMERCIAL STREETS, OTHR ACTIVITIES AND SMALL SHOPS) AND PAYMENT OF CHARGES SHALL BE GOVERNED BY THE PROVISIONS OF CLAUSE 15.9 OF MPD-2021, WHICH ARE RE-PRODUCED AS UNDER:-

. i)  In respect of a residential premises already under mixed use or intended to be put to mixed use, the owner/ allottee/ resident of the plot/ dwelling unit, in case of plotted development and dwelling unit in the case of group housing, shall be required to declare such mixed-use by filling up a form in this respect and depositing it with the local body concerned any pay one-time registration charges at rates to be notified with the approval of the Central Government.

. ii)  The premises under mixed use shall also be liable for payment of mixed- use

 charges every Year to the local body concerned at the rates notified with the approval of Central Government, for the period during which the property is put to mixed use. Such payment will be made by the property owner/ allottee voluntarily before 30th June of every year in respect of the previous assessment year (April – March).

. iii)  No modification to the building for using residential premises for non- residential activities, under the mixed use policy, shall be permitted unless the allottee/ owner has obtained sanction of revised building plans and has paid necessary fees or charges.

. iv)  The local body concerned shall be responsible for the conduct of test check of properties under mixed use, whether registered with it or not.

. v)  In addition to other penal action available under the relevant act, properties found to be under mixed use, without registration or in violation of the terms of this notification shall be liable to pay, to the local body, a penalty amounting to 10 times the annual conversion charges for mixed use.

• PENALTY
For the mixed use existing from 2006-07 or before 2006-07

The payment of annual mixed-use charges shall be made by the owner/allottee/resident/user of the premises to the local authority voluntarily before 30th June of every year in respect of the previous assessment year or part thereof, in proportion to that part. For the 2006-07, 1/4th of the annual mixed use charges were to be paid on or before 30.6.2007 and the balance 3/4th were to be paid on or before 30.9.2007.

Delay in payment of development charges for parking or mixed use charges of the relevant financial year shall be compoundable on payment of interest at 8% p.a.

The property found under mixed use without declaration or registration or in violation of the relevant provisions of the MPD-2021 and these regulations, shall be liable for penal action under the relevant Act by the local body concerned and also a penalty amounting to 10 times the annual conversion charges for mixed use shall be imposed.

For the mixed use started in 2007-08

For the mixed use started in 2007-08 all concerned may take cognizance of this notice and get their premises registered with the concerned zonal office immediately and pay the required conversion/parking charges by the 30th June, 2008.

All concerned may take cognizance of this notice & deposit the annual mixed use charges along with interest/penalty for the year 2006-2007 and if mixed use started in 2007-08, get register themselves with the Zonal Office immediately so as to avoid any punitive action which shall be initiated without any further notice.

 

Year of starting commercial/ mixed use

Registration

Conversion Charges

One time mixed use Charges

Interest/ Penalty

One Time Parking Charges

2006-07

On start of commercial/mixed use activity

1/4th was to be paid before 30/06/07

Balance

Four quarterly installments, first installment was to be paid on or before 30/06/2007

If registration / declaration has been done or any installment paid as per schedule then delay in payment shall be compoundable on payment of interest @ 8% per annum.

If without

1/3rd was to be paid before 30/06/07.

2/3rd was to

3/4th was to be paid before 30/09/07

registration/declaration/ payment, Penalty amounting to 10 times the annual conversion charges.

be paid before 31/03/08

2007-08

On start of commercial/mixed use activity

Before or on 30/06/08

Before or on 30/6/2008

If registration / declaration has been done or any installment paid as per schedule then delay in payment shall be compoundable on payment of interest @ 8% per annum.

If without registration/declaration, Penalty amounting to 10 times the annual conversion charges.

Before or on 30/6/2008

For any clarification please contact Zonal Nodal Officers whose contact number are given below:-

NAME OF NODAL OFFICER

S. NO.

ZONE

NAME OF NODAL OFFICER

DESIGNATION

ADDRESS

OFFICE TEL NO

1

CENTRAL ZONE

SH. DINESH KALRA

AE

ZONAL OFFICE, SHIV MANDIR MARG, NEAR JAL SADAN,
LAJPAT NAGAR-I

29813928

2

CITY ZONE

SH. RAM PRAKASH

SE

ZONAL OFFICE, MULTY LEVEL CAR PARKING, ASAF ALI ROAD

23261721

3

CIVIL LINE ZONE

SH. RAVINDER KUMAR

AE

ZONAL OFFICE, RAJPUR ROAD

23968909

4

KAROL BAGH ZONE

SH. JAGDISH CHANDER

AE

ZONAL OFFICE, NEAR KHALSA COLLEGE, ANAND PARVAT

25861865

5

NAJAFGARH ZONE

SH. P. K. RAJA

EE

ZONAL OFFICE, NEAR WATER TANK, NAJAFGARH

25321991

6

NARELA ZONE

SH. NOORUDDIN

AE

ZONAL OFFICE, PRIMARY HEALTH CENTRE, ALIPUR VILLAGE

27206123

7

ROHINI ZONE

SH. A. K. MITTAL

AE

ZONAL OFFICE, NEAR RAJIV GANDHI CANCER HOSPITAL, SECTOR-5, ROHINI

27052110

8

SADAR PAHARGANJ ZONE

SH. RAJU

AE

ZONAL OFFICE, BEHIND SADAR POLICE STATION, ID- GAH-ROAD

23535226

9

SHAHDARA NORTH ZONE

SH. R. K. KHARI

AE

ZONAL OFFICE, NEAR SHYAM LAL COLLEGE, KESHAV CHOWK

22824170

10

SHAHDARA SOUTH ZONE

SH. RAJBIR KUNDU

AE

ZONAL OFFICE, NEAR KARKARDOOMA COURT, SHAHDARA

22387084

11

SOUTH ZONE

SH. ANIL KUMAR

AE

ZONAL OFFICE, NEAR UPHAR CINEMA, GREEN PARK

26517191

12

WEST ZONE

SH. VIPIN KUMAR

AE

ZONAL OFFICE, COMMUNITY CENTRE, VISHAL ENCLAVE

25119707

ADDITONAL COMMISSONER(ENGG)

The prescribed format for Registration, Conversion Charges and Affidavit are as under:-

Form for registration of Properties under Mixed Land Use
[For Mixed Use Streets (Retail Shops), Commercial Streets, Other Activities and Small Shops]

The Dy. Commissioner, Municipal Corporation of Delhi, ___________ Zone,
Delhi

I/We are running a (Retail Shops/Commercial Activities/Other Activities/Small Shop) under name & style of _____________________in premises constructed on Plot No. _______________ Block No.________________ situated in _________________ colony having Municipal Ward Number _______________, Delhi. The said premises qualify for use as Retail Shops/Commercial Activity/Other Activity/Small Shop under Mixed Land Use Regulation of M.P.D-2021. I /we hereby request for registration of the said premises for use as mentioned above. Necessary registration fee of (Rs. 1000 for retail shop/Commercial Activity, Rs. 500 for other activities and small shop) is enclosed.

Signature of the applicant (s) Name in Block Letter

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