CURRENT AFFAIRS | 8 APRIL 2026
CLAT GK + URBAN GOVERNANCE & CONSTITUTIONAL LAW
The Union Government and Delhi CM have announced the regularisation of 1,511 unauthorised colonies in Delhi on an “as-is-where-is” basis, accompanied by a Transit-Oriented Development (TOD) policy. This move engages constitutional questions about Delhi’s unique status under Article 239AA, municipal governance under the 74th Amendment, and the tension between development and planned urbanisation. A must-know topic for CLAT 2027.
What Happened: The Regularisation Policy
Union Housing Minister Manohar Lal and Delhi Chief Minister Rekha Gupta jointly announced a regularisation policy for 1,511 unauthorised colonies in Delhi, effective from April 24, 2026. Key features of the policy:
- “As-is-where-is” basis: All built structures will be treated as residential — no demolition required
- Convenience shops: Shops up to 20 sq m allowed on roads 6m or wider; 10 sq m on narrower roads
- No layout plan required: Unlike the earlier PM-UDAY scheme (2019), no architect-prepared layout plan needed
- MCD/local bodies will issue regularisation certificates
- Commercial buildings up to 20 sq m are covered
What Is Excluded
The policy explicitly excludes: forest land, Yamuna floodplain (Zone O), protected areas, right-of-way areas, high-tension line zones, and 69 legally restricted areas. This ensures ecologically sensitive and legally encumbered land is not affected.
Previously, the PM-UDAY scheme (2019) — Unauthorised Colonies in Delhi Awas Adhikar Yojana — gave ownership rights to residents but required Municipal Corporation layout plans, which proved cumbersome. The new policy simplifies this by eliminating the layout plan requirement entirely.
Transit-Oriented Development (TOD) Policy
The announcement also included a Transit-Oriented Development policy aimed at creating mixed-use areas near public transport nodes (metro stations, bus terminals). TOD aims to reduce car dependence by encouraging high-density, walkable development near transit. The policy includes increased Floor Area Ratio (FAR) for TOD zones.
However, experts have criticised the policy as “regularisation without guardrails” — no mention of the Integrated Zonal Plan (IZP), no walkability mandates, and no infrastructure upgrade requirements. This raises questions about whether the policy enables haphazard development rather than planned urbanisation.
Article 239AA (Special Status of Delhi): Inserted by the 69th Amendment (1991), this article grants Delhi the status of National Capital Territory (NCT) with its own Legislative Assembly and Council of Ministers. However, Delhi’s Assembly CANNOT legislate on three subjects: police, public order, and land. Since land falls under the Centre, the regularisation policy requires Union Government action — which is why the Union Housing Minister made the joint announcement.
74th Constitutional Amendment Act (1992): Added Part IXA (Articles 243P to 243ZG) to the Constitution, providing constitutional status to urban local bodies (municipalities). It established three tiers: Nagar Panchayats, Municipal Councils, and Municipal Corporations. The 12th Schedule lists 18 functions of municipalities, including urban planning, regulation of land use, and public health.
Articles 243P-Q: Define municipalities and their composition. Article 243Q mandates constitution of municipalities in every state. These provisions are relevant because MCD (Municipal Corporation of Delhi) is tasked with issuing regularisation certificates under the new policy.
Delhi Development Act 1957: Established the Delhi Development Authority (DDA) and mandated zoned development of Delhi as per the Master Plan. Any regularisation must be consistent with (or carve out exceptions from) the Master Plan Delhi 2041.
PM-UDAY vs New Policy: Key Differences
PM-UDAY (2019): Granted ownership rights through General Power of Attorney (GPA), Special Power of Attorney (SPA), and Agreement to Sell. Required layout plan from an architect. Only covered residential properties. Implementation was slow due to bureaucratic requirements.
New Policy (2026): As-is-where-is regularisation. No layout plan. Covers residential AND commercial (up to 20 sq m). Faster implementation via MCD certificates. Effective April 24.
CLAT Angle — Urban Governance Questions: This topic can appear in legal reasoning passages testing your understanding of:
- Centre-State relations in Union Territories (Art 239AA)
- Municipal governance framework (74th Amendment)
- Land as a Union subject in Delhi — why the Centre must act
- Tension between regularisation (housing rights) and planned development (Master Plan)
- TOD as a modern urban planning concept
Key Legislation to Remember: Delhi Development Act 1957, Master Plan Delhi 2041, PMAY-U (Pradhan Mantri Awas Yojana – Urban), and the 74th Constitutional Amendment Act.
Exam Tip: The 73rd Amendment (Panchayats) and 74th Amendment (Municipalities) are often tested together. Remember: 73rd = rural (Part IX, 11th Schedule), 74th = urban (Part IXA, 12th Schedule).
| Colonies Regularised | 1,511 unauthorised colonies |
| Effective Date | April 24, 2026 |
| Basis | As-is-where-is |
| Shop Size (6m road) | Up to 20 sq m |
| Excluded Areas | Forest land, Zone O (Yamuna), 69 restricted areas |
| Article 239AA | Delhi NCT special status (69th Amendment) |
| 74th Amendment | Part IXA — Municipalities (1992) |
| Delhi Development Act | 1957 — established DDA and Master Plan |
D — DDA (Delhi Development Authority) under Delhi Development Act 1957
E — Excluded subjects — police, public order, LAND (Art 239AA)
L — Local bodies get 12th Schedule functions (74th Amendment)
H — Housing regularisation on as-is-where-is basis
I — IZP (Integrated Zonal Plan) missing — critics’ concern
Practice Quiz — 10 CLAT-Style Questions
Click an option to reveal the answer and explanation.
