Delhi Land Pooling Policy: An Ultra Vires Analysis
- IJLLR Journal
- Apr 25
- 1 min read
Vrinda Bagaria, B.B.A. LL.B. (Hons), Jindal Global Law School, O.P. Jindal Global University
ABSTRACT
The phenomenon of rapid urbanization in Delhi has compelled the Delhi Development Authority (DDA) to propose the Land Pooling Policy (LPP), which came into effect in 2018, as an alternate strategy to compulsory acquisition of lands for urbanization. It aims at transforming landowners into stakeholders in the process of urbanization covering around 18,858 hectares of unutilized land. However, the LPP appears to be ultra vires to the Delhi Development Authority Act, 1957 on substantive and procedural grounds. Substantively, the DDA Act does not recognize any form of land transfer except compulsory acquisition by way of section 15. On procedural grounds, the LPP does not comply with the mandatory requirements of Zonal Development Plans as per sections 8, 9, and 11A before providing development licenses. Moreover, the LPP appears incompatible with other allied Acts such as the Delhi Land Reform Act, 1954 and Delhi Apartment Ownership Act, 1986. Based on a comparative study of constitutional provisions, judicial interpretations of the Supreme Court, and German statutory Umlegung provision, this paper argues that land pooling as a principle is not illegal. However, the DDA's attempt to incorporate land pooling through subordinate policy notifications without proper legislative support is constitutionally unacceptable.
