Lok Sabha Question No. 1734 (UNSTARRED), answered on 2017-07-26
Subject: Allotment of Land to Hospitals
Ministry: HOUSING AND URBAN AFFAIRS
Asked by: GOWDAR MALLIKARJUNAPPA SIDDESHWARA

No.1734

## GOVERNMENT OF INDIA

## MINISTRY OF HOUSING & URBAN AFFAIRS LOK SABHA

UNSTARRED QUESTION NO. 1734

TO BE ANSWERED ON JULY 26, 2017

## ALLOTMENT OF LAND TO HOSPITALS

SHRI G.M. SIDDESHWARA

Will the Minister of HOUSING & URBAN AFFAIRS:

- (a) the details of terms and conditions at which land has been
- allotted to private hospitals at concessional rates in Delhi ;
- (b) Whether these private hospitals are not following terms and conditions of allotment; and
- (c) If  so,  the  action  Government  proposes  to  take  to  cancel allotment of land of private hospitals for violating allotment terms and conditions?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF HOUSING & URBAN AFFAIRS

## (RAO INDERJIT SINGH)

- (a) Terms  and  conditions  at  which  land  has  been  allotted  to private  hospitals  at  concessional/subsidized  rates  in  Delhi
- are annexed at Annexure A.
- (b&c)If any  violation is noticed or complaint received against any Society/Hospitals regarding violation of allotment/ lease terms,  action  for    cancellation  of  lease  deed/  allotment  is taken after inspection of the site by following  due process of law i.e. issue of show cause notices etc.

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## Standard terms & conditions for allotment of land to private hospitals by Land & Development Office (L&DO)

- (i) The Lessee will in all respects comply with and be bound by the building, drainage and other bye-laws for the time being in force in the New Capital of Delhi.
- (ii) The Lessee will not without the previous consent in writing of  the  Land  &  Development  Officer  or  of  such  officers  or body as the Lessor or the Land & Development Officer may authorize in this behalf make any alterations in or additions to be buildings erected on the said demised premises so as to affect any of the architectural or structural features thereof or  erect  or  suffer  to  be  erected  on  any  part  of  the  said demised premises any buildings other than and except the buildings erected thereon at the date of these presents.
- (iii) The Lessee will not carry on or permit to be carried on, on the said premises any business, trade or manufacture which in  the  opinion  of  the  Land  &  Development Officer is noisy, noxious or offensive, or permit the said premises to be used for  any  purpose  otherwise  than  construction  of  hospital building and for essential nursing and medical staff quarters for and for no other or do or suffer to be done thereon any act or thing whatsoever which in the opinion of the Land & Development Officer may be an annoyance or disturbance to the President of India or his tenants in the New Capital of Delhi  and  will  not  without  the  prior  sanction  of  the  Land  & Development  Officer  use  the  said  premises  or  permit  the said premises to be used for the sale of grains or articles of food  or  drink  of  any  kind  or  description  whatsoever.    The Lessee will pay the difference of premium and ground rent (Licence Fee) as and when the land rates are revised w.e.f. 01.04.2000.
- (iv) The Lessee will not without the written consent of the Land & Development Officer or duly authorized officer or body as aforesaid  make  any  excavation  in  the  premises  hereby demised and will at all times during the continuance of this lease  maintain  the  premises  and  all  buildings  thereon  in  a sanitary  condition  to  the  satisfaction  of  the  said  Land  & Development  Officer  or  duly  authorized  officer  or  body  as aforesaid.
- (v) The Lessee will at  all  times  during  the  continuance  of  this lease  keep  the  buildings  to  be  erected  on  said  land  in  a good and substantial state of repair to the satisfaction of the said Land & Development Officer or duly authorized officer or body as aforesaid.
- (vi) The Lessee will manage the said building demised premises to  the  satisfaction  of  the  Lessor  and  will  at  all  reasonable times grant access to the demised premises to such officers as the Lessor may designate for the purpose of inspecting the management of the said building demised premises and the general scheme and arrangements therefore.
- (vii) The  Lessee  shall  not  sub-let,  transfer  or  assign  the  said premises  hereby  demised  or  any  part  thereof  without  the sanction of the Lessor in writing first and obtained and while according such sanction, the Lessor may impose such terms and conditions as he may in his absolute discretion think fit as conditions of such sanction for such sub-letting, transfer or  assignment.    Such  conditions  may  provide  that  the Lessee or the transferee or assign as the case may be shall pay the Lessor enhanced ground rent as may be specified in such sanction provided that  the  Lessor  shall  be  entitled  to claim  and  recover  a  portion  of  the  unearned  increase  (i.e. the  difference  between  the  premium  already  paid  and current  market  value)  in  the  value  of  land  at  the  time  of transfer (whether such transfer is an entire site or only a part thereof).

The  amount  to  be  recovered  being  50  per  cent  of  the unearned  increase.    PROVIDED  further  that  in  case  the transfer is made in favour of a person or institution which is not  entitled  to  same  concessional  allotment  as  the  Lessee then the Lessor shall be entitled to claim hundred percent of the unearned increase.

PROVIDED also the Lessor shall have a pre-emptive right to purchase the demised premises after deducting the amount of the unearned increase as aforesaid.

PROVIDED also the Lessor shall have a pre-emptive right to purchase  the  property  after  deducting  the  amount  of  the unearned increase as aforesaid.

- (viii) The said Lessee will not alter, amend or in any other way modify the registered Articles and Memorandum of Association or rules of business etc.  (by whatever name the Constitution of the institution is called) or their constitution of Composition  without  first obtaining  the  approval  of the Lessor, to the proposed alteration amendments or modifications.
- (ix) If  there  shall  at  any  time  have  been  in  the  opinion  of  the Lessor or the Land & Development Officer whose decision shall  be  final,  any  breach  by  the  Lessee  or  by  any  person claiming  through  or  under  him  of  any  of  the  covenants  or conditions contained in various sub-clauses and if the said intended  Lessee  shall  neglect  or  fail  to  remedy  any  such breach to the satisfaction of the Land & Development Officer within seven days from the receipt of a notice signed by the Land & Development Officers requiring him to remedy such breach it shall be lawful for the officers and workmen acting under the authority and direction of the Land & Development Officer to enter upon the premises hereby demised and (a) to remove or demolish any alterations in or additions to the buildings  erected  on  the  said  premises  (b)  to  remove  or demolish any buildings erected on the said premise without the previous consent in writing of the Land & Development Officer or duly authorized officer as aforesaid (c) to fill any excavation or carry out any repairs that may be necessary

and all such moneys and expenses as may be laid out and incurred by the Land & Development Officer or by his order shall be paid by the said Lessee, and it is hereby expressly declared that the liberty hereinbefore given is not to prejudice  in  any  way  the  power  given  to  the  President  of India by various Clauses.

- (x) If the yearly rent hereby reserved or any part thereof shall at any  time  be  in  arrear  and  unpaid  for  one  calendar  month next after any of the said days whereon the same shall have become due, whether the same shall have been demanded or  not,  or  if  there  shall  have  been  in  the  opinion  of  the Lessor or the Land & Development Officer whose decision shall  be  final,  any  breach  by  the  Lessee  or  by  any  person claiming  through  or  under  him  of  any  of  the  covenants  or conditions hereinbefore contained except those contained in various  sub  clauses  and  on  his  part  to  be  observed  or performed or if  it  shall  be  proved  to  the  satisfaction  of  the Lessor  whose  decision  shall  be  final  that  the  demised premises  have  ceased  to  be  used  for  the  purpose  of Hospital building and for essential nursing and Medical Staff Quarter improperly or inefficiently managed then and in any such case it shall be lawful of the Lessor or any person or persons duly authorized by him notwithstanding the waiver of  any previous cause or right of re-entry upon any part of the premises hereby demised or of the buildings thereon in the name of the whole to re-enter and thereupon this demise and everything herein contained shall cease and determine and the Lessee shall not be entitled to any compensation to the Lessee for the demised premises, but such compensation shall not exceed the amount of the premium paid  before  the  execution  of  these  presents  together  with the  cost  or  the  then  value,  whichever  shall  be  less,  of  the building erected on the land by the Lessee which value shall in the event of dispute be determined by the Lessor whose decision shall be final.
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## Standard terms and conditions for allotment of land to Private Society for construction of Hospital/Nursing Homes prior to change of mode of allotment since 19.4.2006 by DDA

1. The Society/Hospital  will  furnish  an  undertaking  on  a  non -judicial  stamp  paper  of  Rs.10/-  duly  attested  by  1 st   Class Magistrate/Notary  Public  to  the  effect  that  they  will  pay difference  of  the  cost  of  land  on  revised  rates  as  may  be decided by Govt. of India/DDA.
2. That the Hospital shall serve as general Public Hospital with at least 25% of the beds reserved for free treatment for the weaker section of the society.
3. The  OPD  of  the  Hospital  will  provide  free  service  to  the patients falling in the indigent category.
4. The Hospital shall take part in the National Health Program for which its services may be called by the Directorate of the Health Service/Ministry of Health.
5. The  Hospital  shall  earmark  a  separate  area  for  Maternity and Child Health Center which will be available free of cost for the Community.
6. In  case  of  surgical  unit,  hospital  will  provide  facility  for sterilization on such payment as may be fixed by Delhi Govt. /Govt. of India from time to time.
7. The  land  shall  be  used  by  the  society  for  the  purpose  of construction of  Hospital  and  essential  nursing  and  medical staff quarters and for no other purpose whatsoever.
8. The  land  shall  not  be  transferred/sub-leased  to  any  other organization  by  the  society  without  prior  permission  of  the DDA obtained in writing.
9. In  case  to  violation  of  any  of  the  conditions  imposed  the Delhi Govt. /Govt. of India would be free to resume the title of land.
10. The construction of the Hospital and essential staff quarters will have to be completed within a period of 02 or 03 years from the date of handing over the possession of plot.
11. The society shall be bound by the architectural controls as may  be  prescribed  by  the  Director  (Plg.)/Chief  Architect, DDA.
12. The Hospital shall execute lease deed at thereon expense as and when called upon to do so.
13.  The construction plan should be got approved from the local body/DDA before taking any construction on the plot.