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STRENGHTS, WEAKNESSES, OPPORTUNITIES AND CHALLENGES

(SWOC) ANALYSIS OF ‘HOME FOR ALL’ VISION

4.2 PROPERTY LAWS

SUBMITTED TO:

Prof. (Dr.) Himanshu Pandey, Professor of Law

SUBMITTED BY:

Ritika Rajawat

UG2017-84

IV SEMESTER

II YEAR

Academic year: 2018-19

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR


TABLE OF CONTENTS

INTRODUCTION ..................................................................................................................... 1

OVERVIEW .......................................................................................................................... 1

RESEARCH OBJECTIVES .................................................................................................. 2

RESEARCH METHODOLOGY........................................................................................... 2

RESEARCH SCHEME/ CHAPTERIZATION ..................................................................... 3

STRENGTHS ............................................................................................................................ 4

WEAKNESSES ......................................................................................................................... 7

OPPORTUNITIES ..................................................................................................................... 9

CHALLENGES ....................................................................................................................... 13

CONCLUSION ........................................................................................................................ 16

BIBLIOGRAPHY .................................................................................................................... 17

Web-Based Articles ............................................................................................................. 17

I
INTRODUCTION

OVERVIEW
Ever since India gained its Independence, ensuring roti, kapda and makaan for all has been a
key objective across governments. Housing is a fundamental need, be it for a family or an
individual. The UN Committee on Economic, Social and Cultural Rights says everyone has a
fundamental right to adequate housing and governments have to ensure that citizens can
exercise this right to live in security, peace and dignity.1 India is a rapidly urbanising country
facing development challenges associated with rapid growth. One of the key challenges for a
developing country like India is urban migration, which is further exacerbated by limited
resources to meet increasing housing demands. The high percentage of labour migration from
rural areas to cities has contributed to urban congestion, pressure on basic amenities such as
water and sanitation, etc., and most of all, housing shortages in cities across India. At the
national level, the government estimated a shortage of more than 18.78 million homes at the
beginning of 2012, of which 95% were in the EWS (Economically Weaker Sections) and LIG
(Low Income Group) segments. Further, the country’s total urban housing shortage is projected
to be about 30 million by 2022. This ever increasing gap between demand and supply in the
affordable housing segment is forcing people to live in slums and informal settlements.2 The
role and function of housing is multifaceted- housing choices impact access to infrastructure,
employment, household wealth, health, education, poverty levels, maternal and child mortality,
women’s participation in workforce, and many other wellbeing indicators. As India seeks to
improve its living conditions on a large scale, access to affordable housing becomes a major
stumbling block for its citizens.3

The Pradhan Mantri Awas Yojana Programme launched by the Ministry of Housing and Urban
Poverty Alleviation (MoHUPA), in Mission mode envisions provision of Housing for All by
2022, when the Nation completes 75 years of its Independence. Through this Scheme, the Modi

1
Prabodh Krishna, “Housing for All by 2022- “No Harm in The Vision”, (Nov. 23, 2018,12:27 PM),
<http://www.businessworld.in/article/Housing-For-All-By-2022-No-Harm-In-The-Vision-/30-07-2018-
156236/>.
2
Mainstreaming Affordable Housing in India Moving towards Housing for All by 2022, Deloitte, (Jan. 25, 2019,
09:55 AM), <https://www2.deloitte.com/content/dam/Deloitte/in/Documents/public-sector/in-ps-affordable-
housing-noexp.pdf>.
3
Kalpana Gopalan & Madalasa Venkataraman, Affordable housing: Policy and practice in India, 27 IIMB
Management Review 129, 129-130 (2015), (Nov. 24, 2018, 09:19 PM),
<https://www.sciencedirect.com/science/article/pii/S0970389615000336>.

1
government is working towards providing affordable housing to the urban poor by 2022. 4 The
Mission seeks to address the housing requirement of urban poor including slum dwellers
through following programme verticals:5

 Slum rehabilitation of Slum Dwellers with participation of private developers using


land as a resource
 Promotion of Affordable Housing for weaker section through credit linked subsidy
 Affordable Housing in Partnership with Public & Private sectors
 Subsidy for beneficiary-led individual house construction /enhancement.

RESEARCH OBJECTIVES
The research paper dwells into the SWOC Analysis of “Housing for all Vision”. The main
objective of the project is to study and analyze the existing policies and schemes related to the
vision implemented in India. The researcher with the help of the paper tries to achieve the
following objective:

1. to study Home for all Vision.

2. to understand what are the Strength and Weakness of the Home for all Vision.

3. to understand what are the Opportunities and Challenges of the Home for all Vision.

RESEARCH METHODOLOGY
The researcher has used the doctrinal or principle method of approach to research for the paper.
For the purpose of the research, the researcher has referred to various Articles,and websites to
gather the information regarding the Home for all Vision. The researcher has used secondary
sources of the material available in the library during the course of research. The Researcher
has thoroughly analyzed the topic at hand

4
Prabodh Krishna, Housing for All by 2022- “No Harm in The Vision”, (Nov. 23, 2018,12:27 PM),
<http://www.businessworld.in/article/Housing-For-All-By-2022-No-Harm-In-The-Vision-/30-07-2018-
156236/>.
5
Pradhan Mantri Awas Yojana (Housing for All - Urban), vikaspedia, (Jan. 25th, 2019, 10:00 AM),
<http://vikaspedia.in/social-welfare/urban-poverty-alleviation-1/schemes-urban-poverty-alleviation/pradhan-
mantri-awas-yojana-housing-for-all-urban>.

2
RESEARCH SCHEME/ CHAPTERIZATION
The paper deals with the Analysis of Home for All Vision. For the convenience of the reader
the researcher has divided the paper into four parts. The first part deals with the strengths of
the Home for all Vision. The second part deals with the weaknesses of the vision.the third and
the final part deals with the opportunities and challenges faced by the Home for all Vision.
Finally, the researcher shall conclude the paper and shows whether or not the objectives have
been successfully carried out with the help of the above done research.

3
STRENGTHS

Pradhan Mantri Awas Yojana is clear about its goals – affordable housing for all by 2022, it
does ensure that the benefits of the scheme are enjoyed by women, economically backward
groups of Indian society and the Scheduled Castes and Scheduled Tribes. In an unprecedented
move, the government has decided to protect the interests of neglected groups in the country.
Transgender and widows, members of the lower income groups and urban poor, and the
Scheduled Castes and Scheduled Tribes shall be granted preference when they try to avail the
affordable housing scheme. Apart from these groups members of society who often find
themselves out of a home, seniors and differently-abled people shall also gain preference in
allotment of houses. They shall also be able to choose a ground-floor house if need be. Apart
from this, it is also mandatory that while registering to avail the benefits of the scheme, the
beneficiaries must necessarily mention their mother or wife’s name.6 The houses
constructed/acquired under the mission should be in the name of the female head of the
household or in the joint name of the male head of the household and his wife, and only in
cases when there is no adult female member in the family, the house can be in the name of
male member of the household.7

The Housing for All by 2022 Scheme will have a universal urban coverage and would provide
about 2 crore houses, in all 4041 statutory towns with initial focus on 500 class I cities. The
scheme is proposed to be implemented in three phases. Phase I from April 2015-March 2017
would covet 100 cities, phase II from April 2017- March 2019 is expected to cover additional
200 cities and phase III form April 2019 - March 2022 would cover all other remaining cities.
The Housing and Urban Poverty Alleviation Department of Ministry of Urban Development
would provide an assistance of over Rs 2 lakh crore over the next 6 years under this scheme. It
is hoped that by year 2022, coinciding with 75 years of India’s independence the target of 2
crore houses for the urban poor, would be achieved.

Two important dimensions of Housing for All by 2022 Mission are- Integration of Adhar
Number and Jandhan Yojana bank account numbers of intended beneficiaries as well as a
technology sub-mission which would facilitate adoption of modern, innovative, disaster

6
Pradhan Mantri Awas Yojana Housing for All (Urban), PMAY MIS User Manual 2016, (Nov. 23, 2018, 08:12
PM) <https://pmaymis.gov.in/pdf/UserMannual/PMAY_UserMannual.pdf>.
7
Pradhan Mantri Awas Yojana (Housing for All - Urban), vikaspedia, (Jan. 25th, 2019, 10:00 AM),
<http://vikaspedia.in/social-welfare/urban-poverty-alleviation-1/schemes-urban-poverty-alleviation/pradhan-
mantri-awas-yojana-housing-for-all-urban>.

4
resistance and green technologies/ building materials for construction of houses. The Adhar
Jandhan Yojana bank account integration would lead to transparent identification of
beneficiaries, better tracking of physical and financial progress and cut down the delays in
crediting the beneficiary bank accounts. The technology sub-mission would lead to preparation
and adoption of cost effective/green housing designs suitable for various geo-climatic zones in
the country, facilitate faster and quality construction of houses and would popularize
environment friendly technologies of construction.8

The Mission and the scheme provide a radical departure from the earlier approach of “one size
fits all”, of previous Governments towards rural and urban housing schemes. Under the earlier
housing schemes like Indira Awas Yojana (IAY) for rural poor and Rajiv Awas Yojana (RAY)
for urban poor, the Central Government had prescribed a standardized and uniform norm for
financing the construction of housing units across the country without providing the State
Governments with a bouquet of financial and design options. This in turn had adversely
impacted the off take of these schemes among the intended beneficiaries. This had also led to
a situation of a large number of incomplete houses as well as abandoned housing units, calling
into question the appropriateness of following an approach of constructing standardized
housing units across the country without taking due notice of the localized factors. The present
scheme, provides flexibility to States for choosing the best among the four options of the
scheme to meet the demand for housing in their respective States.9

The scheme also strengthens the theme of cooperative federalism by devolving to the States
the power to formulate and approve various housing projects in accordance with the guidelines.
This hopefully would not only lead to faster implementation of the scheme but would also
foster a sense of ownership of the scheme among the State Governments. The efficacy of this
feature of the scheme is attested by the fact that so far 15 States (Andhra Pradesh, Bihar,
Chhattisgarh, Gujarat, J&K, Jharkhand, Kerala, Madhya Pradesh, Manipur, Mizoram,
Nagaland, Odisha, Rajasthan, Telangana and Uttrakhand), have agreed to implement the
mandatory reform measures essential for making the housing mission in urban areas a success.
On the recommendations of some of the States, the Ministry of Urban Development has also
notified changes in the guidelines to simplify the procedure. Earlier the Ministry had stipulated

8
Devyani Bhushan, Housing for All by 2020- The Vision and Challenges, Vivekananda International Foundation,
(Nov. 23, 2018, 12:14 PM), < https://www.vifindia.org/article/2016/february/18/housing-for-all-by-2022-the-
vision-and-challenges>.
9
Ibid.

5
a time period one year to complete a house and furnish the utilization certificate. Now this time
limit has been extended to three years.10

10
Devyani Bhushan, Housing for All by 2020- The Vision and Challenges, Vivekananda International Foundation,
(Nov. 23, 2018, 12:14 PM), < https://www.vifindia.org/article/2016/february/18/housing-for-all-by-2022-the-
vision-and-challenges>.

6
WEAKNESSES

While announcing the Housing for All by 2022 Mission and the Pradhan Mantri Awas Yojana,
the current Government has shown a clear intent and a definite thought process to provide
affordable housing to the homeless particularly the urban and the rural poor as well as
economically weaker sections. There is a school of thought which has criticized this intent and
vision of the Government on the ground of it being “unrealistic”. The criticism hinges on the
fact that the mission would have to ensure construction of 2 crore urban houses and 2.95 crore
rural houses within a 7-year period. This task, it had been argued is daunting because there is
no guarantee of land availability, the problems in land acquisition would continue because of
Government’s inability to get the amendments in the Land Acquisition Act 2013 passed in the
Parliament, easy credit to private sector for housing remains a problem with high interest rates
and thin profit margins being the norm in the housing sector at present.11

Migration is a real problem for rural areas. Going by the statistics, 2.95 crore houses are needed
in the rural areas under ‘housing for all’. The number of houseless people is less than a few
lakhs. This is the criteria for classification of rural kaccha houses because under ‘housing for
all’, pucca houses are to be constructed. Unlike the urban area, under the Grameen PMAY, the
beneficiaries construct the house and the financial assistance being given has been increased
from Rs 70,000 to Rs 120,000 in the plains and from Rs 70,000 to Rs 130,000 in hilly and
difficult areas. Then MNREGA standards are there. Swachh Abhiyan beneficiaries are also
given Rs 12,000 to construct toilets and the Ujwala scheme beneficiaries get LPG connections.
This is the model for the scheme.12

Housing activity is very closely linked to the macro-economy. The number of housing starts is
the first leading indicator of economic growth. An upsurge in housing starts indicates an
upward swing in economic growth and a downward trend precisely the reverse. The house
construction activity's manpower requirements are diverse and extensive. This activity
provides employment to both skilled as well as unskilled labor. An estimate by United Nations
indicates that an investment of Rs. 10 million13 in India at 1990 prices generates employment

11
Devyani Bhushan, Housing for All by 2020- The Vision and Challenges, Vivekananda International Foundation,
(Nov. 23, 2018, 12:14 PM), < https://www.vifindia.org/article/2016/february/18/housing-for-all-by-2022-the-
vision-and-challenges>.
12
Prabodh Krishna, “Housing for All by 2022- “No Harm in The Vision”, (Nov. 23, 2018,12:27 PM),
<http://www.businessworld.in/article/Housing-For-All-By-2022-No-Harm-In-The-Vision-/30-07-2018-
156236/>.
13
Year 2000 exchange rate is around 1USD Rs. 42.6.

7
of 970 person years and offsite employment of 1480 person years (Draft Housing Policy
Report, 1990).14

Another implication of house construction activity is energy consumption. Building materials


like cement, bricks, tiles, refractories, etc., have high direct and indirect energy intensities.
Energy is consumed in housing construction mainly in three ways:15

 in the procurement, manufacture, processing and recycling of building materials;


 in transporting building materials to the building site; and
 in on-site construction activities.

Another key aspect that is widely neglected while planning an Affordable Housing Project is
the maintenance post hand over of units to the customers/ beneficiaries. This eventually creates
‘New Urban Slums’ and defeats the purpose of creating these assets in the first place. It is of
utmost importance to address this aspect to create sustainable benefits of creation of these
assets. The Government of India in its schemes has taken many steps to boost the sector, but
challenges still remain. For instance, while Rajiv Awas Yojana (RAY) envisaged an O&M
fund for maintenance of assets created under the scheme with a onetime contribution from the
central government, it could not be implemented at a wider level. Further, this feature is absent
in the Pradhan Mantri Awas Yojana.16

14
Piyush Tiwari, Housing and development objectives in India, 25 Habitat International 229, 230 (2001), (Nov.
24, 2018), <http://isiarticles.com/bundles/Article/pre/pdf/69268.pdf>.
15
Ibid.
16
Mainstreaming Affordable Housing in India Moving towards Housing for All by 2022, Deloitte, (Jan. 25,
2019, 09:55 AM), <https://www2.deloitte.com/content/dam/Deloitte/in/Documents/public-sector/in-ps-
affordable-housing-noexp.pdf>.

8
OPPORTUNITIES

The mission seeks to address the housing requirement of urban poor including slum dwellers.
A slum is defined as a compact area of at least 300 people or about 60 - 70 households of poorly
built congested tenements in unhygienic environment usually with inadequate infrastructure
and lacking in proper sanitary and drinking water facilities. Beneficiaries include Economically
weaker section (EWS), low-income groups (LIGs) and Middle Income Groups (MIGs). The
annual income cap is up to Rs. 3 lakhs for EWS, Rs. 3-6 lakhs for LIG and Rs. 6-18 lakhs for
MIG. EWS category of beneficiaries is eligible for assistance in all four verticals of the
Missions whereas LIG and MIG categories are eligible under only Credit linked subsidy
scheme (CLSS) component of the Mission. For identification as a EWS or LIG beneficiary
under the scheme, an individual loan applicant will submit self-certificate/ affidavit as proof of
income. A beneficiary family will comprise husband, wife, unmarried sons and/or unmarried
daughters. The beneficiary family should not own a pucca house either in his/her name or in
the name of any member of his/her family in any part of India to be eligible to receive central
assistance under the mission.17

At the slum decadal growth rate of 34%, the slum households are projected to go upto 18
million. 2 million non-slum urban poor households are proposed to be covered under the
Mission. Hence, total housing shortage envisaged to be addressed through the new mission is
20 million.18

It is highly desirable because ultimately housing is one among the three basic needs and it
needs to be fulfilled especially since the people in the rural areas may not be economically well
off. So, government assistance is required and that is why the scheme fulfil the goal of ‘housing
for all’ by 2022.19

Under the Slum rehabilitation of Slum Dwellers, component, a central grant of Rs 1 lakh per
house, on an average will be available. An interest subsidy of 6.5 per cent on housing loans
with a maximum tenure of 10 years will be provided for weaker sections under the Credit

17
Pradhan Mantri Awas Yojana (Housing for All - Urban), vikaspedia, (Jan. 25th, 2019, 10:00 AM),
<http://vikaspedia.in/social-welfare/urban-poverty-alleviation-1/schemes-urban-poverty-alleviation/pradhan-
mantri-awas-yojana-housing-for-all-urban>.
18
Ibid.
19
Prabodh Krishna, Housing for All by 2022- “No Harm in The Vision”, (Nov. 23, 2018,12:27 PM),
<http://www.businessworld.in/article/Housing-For-All-By-2022-No-Harm-In-The-Vision-/30-07-2018-
156236/>.

9
Linked Subsidy Component. Under the last two components of partnership with public and
private sector as well as beneficiary led individual house construction or enhancement, the
central assistance would be Rs 1.5 lakh per house. To avail of these benefits under the four
components of the scheme the State Governments or their agencies like Housing Boards will
have to implement mandatory reforms like preparing or amending master plans for earmarking
land for affordable housing, a single window time bound clearance system for building
permissions, relaxation of layout approvals for housing for low-income groups etc, which
would make adequate urban land available for affordable housing. Hence the Mission would
not only aim to provide housing for all but would also trigger far reaching reforms in India’s
urban governance.20

Under Credit Linked Subsidy, beneficiaries of Economically Weaker section (EWS) and Low
Income Group (LIG) can seek housing loans from Banks, Housing Finance Companies and
other such institutions for new construction and enhancement to existing dwellings as
incremental housing. The credit linked subsidy will be available only for loan amounts upto Rs
6 lakhs and such loans would be eligible for an interest subsidy at the rate of 6.5 % for tenure
of 20 years or during tenure of loan whichever is lower. Interest subsidy will be credited upfront
to the loan account of beneficiaries through lending institutions resulting in reduced effective
housing loan and Equated Monthly Installment (EMI). Preference under the Scheme will be
given to Manual Scavengers, Women (with overriding preference to widows), persons
belonging to Scheduled Castes/ Scheduled Tribes/ Other Backward Classes, Minorities,
Persons with disabilities and Transgender subject to beneficiaries being from EWS / LIG
segments. There is no processing charge payable by the beneficiary for housing loans upto Rs.
6 lakhs under the Scheme.21

The window of fulfilling the aspiration of owning a pucca house for the tax paying large middle
class population, has been made operational from January 1, 2017. Middle Income Groups
(MIG) with annual incomes of above Rs.6.00 lakhs and up to Rs.18.00 lakhs per year are
eligible for interest subsidy on housing loans under the new Credit Linked Subsidy Scheme for
Middle Income Groups – CLSS (MIG). A beneficiary family is defined as comprising of wife,
husband and unmarried daughters and sons. Unmarried and earning young adults are also

20
(Nov..23,2018, 12:13 PM) https://www.vifindia.org/article/2016/february/18/housing-for-all-by-2022-the-
vision-and-challenges,
21
Pradhan Mantri Awas Yojana (Housing for All - Urban), vikaspedia, (Jan. 25th, 2019, 10:00 AM),
<http://vikaspedia.in/social-welfare/urban-poverty-alleviation-1/schemes-urban-poverty-alleviation/pradhan-
mantri-awas-yojana-housing-for-all-urban>.

10
eligible for taking the benefit of interest subsidy under CLSS (MIG), for
acquisition/construction of a new house including repurchase. Preference is to be given to
women with overriding preference to widows, single working women, persons belonging to
Scheduled Castes and Scheduled Tribes, Backward Classes, Differently abled and Transgender
people. Interest subsidy will be provided on loans for construction/acquisition of house with
carpet area of 120 sq.mtres by those earning Rs.12.00 lakh per annum and of 150 sq.mt by
those earning Rs.18.00 lakh per year. Since the middle income groups are better equipped to
take advantage of the interest subsidy scheme in quick time and to enable meeting the Housing
for All target by 2022, implementation of CLSS (MIG) is initially envisaged for one year ie.
2017. Beneficiaries are eligible for an interest subsidy of 4% on housing loans of up to Rs.9.00
lakhs of those with an income of Rs.12.00 lakh per year and of 3% on housing loans of up to
Rs.12.00 lakh of those earning Rs.18.00 lakh per year. The total interest subsidy accruing on
these loan amounts will be paid to the beneficiaries up front in one go there by reducing the
burden of Equated Monthly Instalment (EMI). The total interest subsidy to be paid to MIG
people on Rs.9.00 loan comes to Rs.2.35 lakh and on a loan of Rs.12.00 lakh, it comes to
Rs.2.30 lakh per beneficiary. The tenure of loan has been stipulated to be 20 years or that
preferred by the beneficiary, whichever is lower. Small Finance Banks and Non-Banking
Finance Company-Micro Finance Institutions also have been recognized to function as Primary
Lending Institutions to widen the scope of implementation of CLSS(MIG) in addition to
Scheduled Commercial Banks, Housing Finance Companies, Regional Rural Banks, State and
Urban Cooperative Banks for accepting applications directly from beneficiaries and advancing
loans under the scheme. NHB and Housing and Urban Development Corporation(HUDCO)
have been designated as Central Nodal Agencies (CAN) for implementation of CLSS for both
MIG and EWS/LIG who would reimburse interest subsidy to Primary Lending Institutions
(PLIs) based on the loans advanced to beneficiaries by PLIs.22

The third component of the mission is affordable housing in partnership. This is a supply side
intervention. The Mission will provide financial assistance to EWS houses being built with
different partnerships by States/UTs/Cities. To increase availability of houses for EWS
category at an affordable rate, States/UTs, either through its agencies or in partnership with
private sector including industries, can plan affordable housing projects. Central Assistance at

22
Pradhan Mantri Awas Yojana (Housing for All - Urban), vikaspedia, (Jan. 25th, 2019, 10:00 AM),
<http://vikaspedia.in/social-welfare/urban-poverty-alleviation-1/schemes-urban-poverty-alleviation/pradhan-
mantri-awas-yojana-housing-for-all-urban>.

11
the rate of Rs. 1.5 Lakh per EWS house would be available for all EWS houses in such projects.
The States/UTs would decide on an upper ceiling on the sale price of EWS houses in rupees
per square meter of carpet area in such projects with an objective to make them affordable and
accessible to the intended beneficiaries. For that purpose, State and cities may extend other
concessions such as their State subsidy, land at affordable cost, stamp duty exemption etc.23

The fourth component of the mission is assistance to individual eligible families belonging to
EWS categories to either construct new houses or enhance existing houses on their own to
cover the beneficiaries who are not able to take advantage of other components of the mission.
Such families may avail of central assistance of Rs. 1.5 lakh for construction of new houses
under the mission.24

23
Pradhan Mantri Awas Yojana Housing for All (Urban), Scheme Guidelines 2015, Ministry of Housing &
Urban Poverty Alleviation Government of India, p. 9, (Jan. 25, 2019, 09:54 PM), <
https://pmaymis.gov.in/PDF/HFA_Guidelines/hfa_Guidelines.pdf>.
24
Id at 10.

12
CHALLENGES

What this school of thought, fails to appreciate are the silver linings on the horizon. With the
Central Government permitting State Governments to move ahead with legislations to facilitate
easier land availability, a part of this problem can be addressed by State led initiatives. The
State Governments will also have to play a major role by formulating and customizing their
State specific housing policies in-tune with the Central Government’s Mission. The Centre is
also slated to table the Real Estate Regulation and Development Bill in the Parliament, which
if passed would grant infrastructure status to “Affordable Housing”. This in turn would mean
lower borrowing rates and tax concessions. In such a scenario with cheaper funding and
strengthened profit margins, the private sector, may find affordable housing more attractive. A
fillip to cheap and easy finance, has been provided by the Reserve Bank of India which has
slashed the benchmark Repo rate by 50 basis point in September 2015 and has in October 2015
eased mortgage rules which would allow lenders to set aside less capital to cover home loan
default risks, thus effectively helping to lower their cost of funds. It is expected that the banks
would follow this lead shown by the RBI and provide a push for housing.25

In addition the Central Government’s philosophy of using JAM (Jandhan Bank Accounts,
Aadhar Platform and Mobile Governance) would hopefully lead to better and transparent
identification of beneficiaries and lesser financial leakages in the affordable housing schemes
of both the Central and State Governments. Timely delivery of housing units, both in rural and
urban areas would ultimately depend on preparation and execution of clearly articulated
actionable plans for all stakeholders primarily State Governments, semi-Government agencies
such as HUDCO, NBCC etc, financial institutions and private players.26

Effective implementation of the Mission and Pradhan Mantri Awas Yojana is dependent,
among other factors, on the States and urban local bodies evolving a effective policy framework
for Economically Weaker Section (EWS) and Lower Income Group (LIG) housing, eliminating
the need for multiple approvals and long time period involved in obtaining them, reducing the

25
Devyani Bhushan, Housing for All by 2020- The Vision and Challenges, Vivekananda International Foundation,
(Nov. 23, 2018, 12:14 PM), < https://www.vifindia.org/article/2016/february/18/housing-for-all-by-2022-the-
vision-and-challenges>.
26
Ibid.

13
cost of capital, easy availability of land and its optimal usage. The challenge of the Mission is
to create a governance climate that would trigger multiple solutions to these issues.27

Developing affordable housing on a large scale is the greatest challenge in urban India today,
promising a solution to the proliferation of slums, unorganized real estate development,
unplanned growth and transit congestion. It is vital that certain critical issues are addressed
urgently to make affordable housing a possibility.28

Scarcity of land

The high population density, rapid urbanization, and poorly conceived regulations have created
shortage in land parcels capable of development. This is exacerbated by excessive controls over
central districts of cities and difficulties in land recycling, which results in a push toward the
periphery. Land acquisition has been a thorny issue, giving rise to land mafias and illegal
encroachments, and reducing availability of land at an affordable price.

Scarcity of marketable land parcels

Large tracts of centrally located urban land are owned by public entities such as the railways,
ports, and defence authorities. Further, scattered and poorly planned settlements make it
difficult to provide land for mass housing.

Titling issues

As of now, India lacks a robust system to protect land rights. There are two aspects to land title:
first, a formal recognition of property rights by the state through a system of titles; and second,
facilitation by the state, of efficient trade in rights, through a process of registration. Both of
these elements exist in India, but in incomplete form. First, not all land transactions require
registration, for example land acquisition, court decrees, mortgages, agreements and so on.
Second, while Indian law requires compulsory registration of land sale, the registration
authority is not mandated to verify history or ownership; thus it is the transaction and not the
title that is registered.

Rising costs

27
Devyani Bhushan, Housing for All by 2020- The Vision and Challenges, Vivekananda International Foundation,
(Nov. 23, 2018, 12:14 PM), < https://www.vifindia.org/article/2016/february/18/housing-for-all-by-2022-the-
vision-and-challenges>.
28
Kalpana Gopalan & Madalasa Venkataraman, Affordable housing: Policy and practice in India, 27 IIMB
Management Review 129, 129-130 (2015), (Nov. 24, 2018, 09:19 PM),
<https://www.sciencedirect.com/science/article/pii/S0970389615000336>.

14
Both land and construction costs have increased, compounded by price appreciation of
construction materials and labour. From the customer’s angle, obtaining finance is difficult
even if the customers have regular incomes when they are employed in the unorganized sector
or lack income proof as required in the loan process.

Regulatory constraints

Project sanctions can take several years, and need to be cleared by as many as forty departments
across the national and sub-national levels, including the environment, fire, revenue and water
departments, the traffic police and so on. The consequent time and transaction costs deter many
entrepreneurs. Further, lack of transparent and clear regulation aggravates the situation. For
example, building bye laws, rules for floor space index, and zoning and development plans of
urban local bodies often lack clarity and there are overlapping guidelines.

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CONCLUSION

Housing being a state subject creates complexities in implementation because of precarious


financial condition of development authorities, state/ city-level agencies and their limited
capacities in handling in these projects. To successfully build India’s Affordable Housing,
collaboration between the central government ministries, state governments, urban local
bodies, civil society, private sector, and financial institutions is essential. The collective agenda
must advance the efficiency of affordable housing sector at an optimally low cost, while
maintaining safety standards and basic amenities. The local governments’ need to relocate at
ground level is also important. The problem is we relocate slums and build houses but either
they move out or sell them. The problem is not facilities but connectivity.

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BIBLIOGRAPHY
Web-Based Articles

1. Prabodh Krishna, “Housing for All by 2022- “No Harm in The Vision”,
<http://www.businessworld.in/article/Housing-For-All-By-2022-No-Harm-In-The-
Vision-/30-07-2018-156236/>.
2. Mainstreaming Affordable Housing in India Moving towards Housing for All by 2022,
Deloitte, <https://www2.deloitte.com/content/dam/Deloitte/in/Documents/public-
sector/in-ps-affordable-housing-noexp.pdf>.
3. Kalpana Gopalan & Madalasa Venkataraman, Affordable housing: Policy and practice
in India, 27 IIMB Management Review 129, 129-130 (2015),
<https://www.sciencedirect.com/science/article/pii/S0970389615000336>.
4. Pradhan Mantri Awas Yojana Housing for All (Urban), PMAY MIS User Manual 2016,
<https://pmaymis.gov.in/pdf/UserMannual/PMAY_UserMannual.pdf>.
5. Pradhan Mantri Awas Yojana (Housing for All - Urban), vikaspedia,
<http://vikaspedia.in/social-welfare/urban-poverty-alleviation-1/schemes-urban-
poverty-alleviation/pradhan-mantri-awas-yojana-housing-for-all-urban>.
6. Devyani Bhushan, Housing for All by 2020- The Vision and Challenges, Vivekananda
International Foundation, <https://www.vifindia.org/article/2016/february/18/housing-
for-all-by-2022-the-vision-and-challenges>.
7. Piyush Tiwari, Housing and development objectives in India, 25 Habitat International
229, 230 (2001), <http://isiarticles.com/bundles/Article/pre/pdf/69268.pdf>.
8. Pradhan Mantri Awas Yojana Housing for All (Urban), Scheme Guidelines 2015,
Ministry of Housing & Urban Poverty Alleviation Government of India, p. 9,
<https://pmaymis.gov.in/PDF/HFA_Guidelines/hfa_Guidelines.pdf>.

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