#THE NATIONAL CAPITAL TERRITORY OF DELHI (RECOGNITION OF PROPERTY RIGHTS OF RESIDENTS IN UNAUTHORISED COLONIES) ACT, 2019
_____________ 

##ARRANGEMENT OF SECTIONS 
_____________ 

###SECTIONS 

1. Short title and extent. 
2. Definitions. 
3. Recognition of property rights. 

 
 
#THE NATIONAL CAPITAL TERRITORY OF DELHI (RECOGNITION OF PROPERTY RIGHTS OF RESIDENTS IN UNAUTHORISED COLONIES) ACT, 2019

##ACT NO. 45 OF 2019 

[11th December, 2019.] 

An Act to provide special provisions for the National Capital Territory of Delhi for recognising 
the property rights of resident in unauthorised colonies by securing the rights of ownership or 
transfer or mortgage in favour of the residents of such colonies who are possessing properties 
on  the  basis  of  Power  of  Attorney,  Agreement  to  Sale,  Will,  possession  letter  or  any  other 
documents  including  documents  evidencing  payment  of  consideration  and  for  the  matters 
connected therewith or incidental thereto. 

WHEREAS there has been phenomenal increase in the population of the National Capital Territory of 
Delhi in the last few decades owing to migration and other factors but development of planned housing 
colonies have not kept pace with the requirements of a burgeoning population resulting in the increase of 
unauthorised colonies; 

AND  WHEREAS  number  of  unauthorised  colonies  have  been  identified  in  the  National  Capital 
Territory  of  Delhi  on  the  basis  of  applications  made  by  the  Residents  Welfare  Associations  for 
regularisation in pursuance to notification number S.O. 683(E), dated the 24th March, 2008 of  the Delhi 
Development Authority, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section 
(ii), dated the 24th March, 2008; 

AND  WHEREAS the properties in these colonies are not being registered by registering authority and 
thereby  the  residents  do  not  have  any  title  documents  in  respect  of  such  properties  and  the  Banks  and 
financial institutions do not extend any credit facilities in respect of said properties; 

AND WHEREAS the ownership of the properties in unauthorised colonies have been transferred several 
times  through  registered  or  un-registered  or  notarised  Power  of  Attorney,  Agreement  to  Sale,  Will, 
possession  letter  and  other  documents  including  documents  evidencing  payment  of  consideration  and 
stamp duty on these multiple transactions have neither assessed nor been paid; 

AND  WHEREAS the stamp duty on the conveyance deed or authorisation slip, as the case may be, is 
leviable  as  per  minimum  rates  (circle  rates)  specified  in  the  notification  of  the  Government  of  the 
National Capital Territory of Delhi published vide number F.1(953) Regn. Br./ Div. Com/HQ/2014, dated 
the 22nd September, 2014 or the sale consideration mentioned in the conveyance deed or authorisation 
slip, as the case may be, whichever is higher; 

AND  WHEREAS  the  Supreme  Court  in  the  case  of  Suraj  Lamp  &  Industries  (P)  Ltd.  Vs.  State  of 
Haryana & others vide its judgment dated the 11th October, 2011 had held that sale agreement/general 
Power of Attorney or Will transactions are not “transfers” or “sales” and that such transactions cannot be 
treated as completed transfers or conveyances and they can continue to be treated as existing agreement of 
sale; 

AND WHEREAS keeping in view the socio-economic conditions of the residents of these unauthorised 
colonies  and  ground  realities,  it  is  desirable  to  recognise  and  confer  rights  of  ownership  or  transfer  or 
mortgage to the residents of such colonies on the basis of Power of Attorney, Agreement to Sale, Will, 
possession letter and other documents including documents evidencing payment of consideration and to 
facilitate  development  or  re-development  that  may  improve  existing  infrastructure,  civic  and  social 
amenities which may lead to better quality of life;
 
AND WHEREAS it is expedient to have a law to recognise and confer rights of ownership or transfer or 
mortgage to the residents of unauthorised colonies as one time special measure. 

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 

1. **Short title and extent.**—(1)  This  Act  may  be  called  the  National  Capital  Territory  of  Delhi 
(Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019.

(2) It extends to the National Capital Territory of Delhi. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

(a) “resident” means a person having physical possession of property on the basis of a registered 
sale deed or latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents 
including  documents  evidencing  payment  of  consideration  in  respect  of  a  property  in  unauthorised 
colonies and includes their legal heirs but does not include tenant, licensee or permissive user; 

(b) “unauthorised  colony”  means  a  colony  or  development  comprising  of  a  contiguous  area, 
where  no permission  has  been  obtained for  approval of  layout  plan  or building  plans  and  has  been 
identified for regularisation of such colony in pursuance to the notification number S.O. 683(E), dated 
the  24th  March,  2008  of  the  Delhi  Development  Authority,  published  in  the  Gazette  of  India, 
Extraordinary, Part II, Section 3, Sub-section (ii), dated the 24th March, 2008.

3. **Recognition  of  property  rights.**—(1)  Notwithstanding  anything  contained  in  the  Indian  Stamp 
Act, 1899 (2 of 1899) and the Registration Act, 1908 (16 of 1908) as applicable to the National Capital 
Territory  of  Delhi  or  any  rules  or  regulations  or  bye-laws  made  there  under  and  the  judgment  of  the 
Supreme Court in the case of Suraj Lamp & Industries (P) Ltd. Vs. State of Haryana & others, dated the 
11th October, 2011, the Central Government may, by notification in the Official Gazette, regularise the 
transactions  of  immovable  properties  based  on  the  latest  Power  of  Attorney,  Agreement  to  Sale,  Will, 
possession  letter  and  other  documents  including  documents  evidencing  payment  of  consideration  for 
conferring or recognising right of ownership or transfer or mortgage in regard to an immovable property 
in favour of a resident of an unauthorised colony.

(2)  The  Central  Government  may,  by  notification  published  in  the  Official  Gazette,  fix  charges  on 
payment  of  which  transactions  of  immovable  properties  based  on  the  latest  Power  of  Attorney, 
Agreement to Sale, Will, possession letter and other documents including documents evidencing payment 
of consideration for conferring or recognising right of ownership or transfer or mortgage in regard to an 
immovable  property  in  favour  of  a  resident  of  an  unauthorised  colony  through  a  conveyance  deed  or 
authorisation slip, as the case may be. 

(3) Notwithstanding anything contained in section 27 of the Indian Stamp Act, 1899 (2 of 1899), the 
stamp duty and registration charges shall be payable on the amount mentioned in the conveyance deed or 
authorisation slip, as the case may be. 

(4) Any resident of an unauthorised colony having registered or un-registered or notarised Power of 
Attorney,  Agreement  to  Sale,  Will,  possession  letter  and  other  documents  including  documents 
evidencing  payment  of  consideration  shall  be  eligible  for  right  of  ownership  or  transfer  or  mortgage 
through a conveyance deed or authorisation slip, as the case may be, on payment of charges referred to in 
sub-section (2). 

(5) No stamp duty and registration charges shall be payable on any previous sale transactions made 
prior to any transaction referred to in sub-section (4). 

(6) The tenants,  licensees or  permissive  users  shall  not  be  considered  for  conferring  or  recognising 
any property rights under this Act.