Module Details

Principal Investigator Prof. Dr. Sanjukkta Bhaduri

Professor, Urban Planning, School of Planning and Architecture, New
Delhi

Paper Coordinator Prof. Dr. Sanjukkta Bhaduri

Content Writer Prof. Dr. Sanjukkta Bhaduri

Content Reviewer Prof. Kavas Kapadia
Former Dean, Urban Planning, School of Planning and Architecture,
New Delhi

Subject Name City & Metropolitan Planning

Module Title Acts

Objectives • Introduction
• Acts

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 1 Introduction
An act pertaining to urban planning and development is a legal mandate or provision. It is needed to plan, develop,
conserve, regulate, reform and to formulate planning bodies/ organizations. The first town planning act was a law
passed in 1985 by TCPO. It acted as a model for future town planning acts formulated by respective states.

2 Model Regional and Town Planning and Development Law,1985

This model Law was revised by TCPO in year 1985 as “Model Regional and Town Planning and Development
Law” to enact a comprehensive urban and regional planning legislation in all the States and UT’s. Model Law
provided 3 steps for the administration of this law. These were:

• Preparation of existing land use map,

• Preparation of an outline development plan and comprehensive development plan and their
enforcement, and

• Preparation of detailed schemes of development or redevelopment as envisaged in the plans and their
implementation.
Broad provisions under this law were:

• Constituting the State Regional and Town Planning Board by the State Government for the purpose of
advising on the delineation of the region for the planned development.

• Directing the preparation of metropolitan, regional and area plans by the metropolitan, regional and area
planning and development authorities.

• Setting up of metropolitan, regional and area planning and development authorities for different urban
and rural areas within the State to undertake preparation of development plans and to

• Enforcing and implementing the plans,

• Co-ordinating the planning and implementation of physical development programmes

3 Status of Town and Country Planning Acts and Master Plans

Based on the Model Regional and Town Planning and Development Law,1985 many states enacted their Town
and Country Acts. However, states like Haryana, Rajasthan and UT of Chandigarh, Lakshadweep do not have
Town and Country Planning Acts. Jharkhand, Chhattisgarh and Uttarakhand have adopted the parent state’s T&CP
Acts. Out of 7933 Towns, about 2032 towns have Master Plans (1483 notified +549 under preparation) (Census
2011)

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 4 74th Constitutional Amendment Act 1993
The main aim of this amendment act was to strengthen ULBs through devolution of power towards
decentralization. The objectives were:

• To set up institutional mechanism to facilitate decentralization

• Demarcate role of ULBs and specify their function.

• Specify areas deemed as urban to include new urbanizing areas.

• Ensure representation of public specially deprived class/woman.

• Ensure that ULBs are not superseded.

The act and its provisions are detailed below.

4.1 Provisions in terms of Hierarchy of Administration

There would be a hierarchy of administration right from the district level to city level in the following ways:

• District Planning Committee (DPC)

• Metropolitan Planning Committee (MPC)

• Municipalities:

➢ Municipal Corporations for larger urban areas,

➢ Municipal Councils for smaller urban areas and Source: ishalokseva.com/local-government-system-india/

➢ Nagar Panchayats for areas in transition from a rural area to urban area

• Wards Committees and other Committee Area (in all municipalities with a population of 3 lakhs or more

• Area Sabhas (three in each Ward)

4.2 Responsibilities of District Planning Committee (DPC)

The following are the responsibilities of a District Planning Committee:

• To consolidate plan prepared by Panchayats and municipalities

• To prepare draft development plan considering economic development and social justice.
• To look after common interest between Panchayats and municipalities including spatial planning.
• To look after sharing of water and physical resources

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 • To integrate development of infrastructure.
• To available of resources and finances.
• To promote integrated and participatory planning
• To recommend socio-economic district development plan.

4.3 Responsibilities of Metropolitan Planning Committee (MPC)

The following are the responsibilities of a Metropolitan Planning Committee:

• Formulate development goals, objective sand policies

• Perspective plan within 5 years

• Development plan within 2 years

• Metropolitan area annual plan

• Consult professional organizations like CII.FCCI for monitoring and resolve conflict

4.4 Responsibilities of Urban Local Bodies

The state legislations have assigned 18 functions to ULBs as per 12th schedule related to planning, infrastructure,
public health, solid waste, fire service, environment, poverty alleviation, amenities, culture, education, aesthetic
etc. The details are narrated below:

• Urban planning including town planning.

• of land-use and construction of buildings.

• Planning for economic and social development.

• Roads and bridges.

• Water supply for domestic, industrial and commercial purposes.

• Public health, sanitation conservancy and solid waste management.

• Fire services.

• Urban forestry, protection of the environment and promotion of ecological aspects.

• Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.

• Slum improvement and upgradation.

• Urban poverty alleviation.

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 • Provision of urban amenities and facilities such as parks, gardens, playgrounds.

• Promotion of cultural, educational and aesthetic aspects.

• Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.

• Cattle pounds; prevention of cruelty to animals.

• Vital statistics including registration of births and deaths.

• Public amenities including street lighting, parking lots, bus stops and public conveniences.

• Regulation of slaughter houses and tanneries.

5 Land Reforms
5.1 Land Acquisition Act 1894

In 1824, British Government of India instituted regulations to facilitate urban land public acquisition from private
owners. By 1850, The scope of the law was extended to other provinces in order to facilitate the operation of
further infrastructure projects such as railway. In 1894, the law harmonized and consolidated previous regulations
into one single act, applicable within the whole British India. Post 1947 after independence, the Indian
Government started using this act as a tool to purchase land at a lower price than that on the regular market.

5.1.1 Process of Land acquisition

Land Parcel Identification: The process of land acquisition includes identification of the parcel of the land for
public purpose. District collector is responsible for this task. Any potential objection can be made within thirty
days.
Land Notification: It is an official declaration stating public purpose. There is a Public notice informing all parties.
Fifteen days after the notice, parties must present themselves to inform the collector of their interests in the land
and of the expected compensation. The collector subsequently enquires into the land area, its value, manifested
interests of parties, the amount of compensation and potential objections.
Land acquisition: The collector decides all the terms and is supposed to inform all the parties. Rectification of all
the clerical procedure should be completed within 6 months.

5.1.2 Criticism of Land Acquisition Act

• Public purpose is undefined.

• Amount of compensation was depreciated.

• Use of muscle power from the government side.

• Delay in the process.

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 • The social cost of land acquisition cannot be disregarded.

• It encompasses issues such as loss of employment, social surroundings and emotional trauma.

• Till 1984 the land acquisition act was only for public purpose; after 1984 amendment the land ownership
can also be a company.

5.2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (RFCTLARR Act)
The New Act 2013 is a new legislation and repeals the LA Act, 1894. According to this act, Social Impact
Assessment (SIA) and Resettlement and Rehabilitation (R & R) are now integral part of the land acquisition.
Transparency & Participatory approach is included at various stages of the land acquisition, R & R processes. This
act tries to ensure sustainable livelihood of the affected families. Consent inbuilt to ensure participation of the
affected families. Option of the lease to be explored and surrender of land possible, if not used. This act also calls
for a dedicated Authority for disposal of disputes. An important part of the act is that there would be no
displacement before rehabilitation.

5.2.1 Comparative timeline as defined in both the Acts

As per the new RFCTLARR Act, it takes 2 years to acquire land while it takes only 1 year in the old LA act 1894.
First, a social impact assessment is done which takes 6 months. Then appraisal is done by the expert committee
which takes another 2 months. Preliminary Declaration and Publication of final declaration takes an year. Collector
award for land compensation and R&R Compensation. Finally, possession of the land is taken up within two years.
As per LA act, 1894, Preliminary notification is declared after which SIA is done. Publication of declaration is
taken out after which award from collector is done. Finally, within 1 year, possession of the land is done.

5.2.2 Provisions in the New Act Compare to Old Act

• In new act SIA and SIA related studies are done while in old LA act, there was no such provision
separately provided for SIA.

• In new act 2013, There is a sspecial Provision for Safeguard, Food Security while in old LA act, there was
no such provision.

• In new act 2013, there is a publication of Preliminary notification while, in old act, it is equivalent to Sec.4
and Sec. 5(a) of old Act except notification with SIA Report

• In new act, 2013, there is a provision of publication of declaration and Summary of R&R Scheme while
in old act, this was equivalent to Sec.6(1) of old Act. except R&R scheme which is a new concept

• There is a provision of Land Acquisition Award in new act while in old act, it is equivalent to Sec. 11 of
Old Act.

• In new act, 2013, there is a provision of R&R award while in old act, there are no such provisions.

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 • Power to take possession of land is provided in both the acts.

• In new act, 2013, there is a provision of State & National Monitoring Committee for R&R while in old
act, there are no such provisions.

• In new act, 2013, there is a provision of Establishment for Land Acquisition and Rehabilitation of the
authority while in old act similar provisions have been made but not elaborated or clearly understood.

• In new act 2013, there is a provision of additional compensation in case of multiple displacement while
in old act, there are no such provisions.

• Emergency provisions are provided in both the acts.

• Special provision of SC&STs are provided in new act 2013 but not in old act of 1894.

• Procedure and manner of R&R are detailed out in new act 2013 while in old act of 1894 there are no such
provisions.

5.3 Slum Areas (Improvement and Clearance) Act, 1956

An Act to provide for the improvement and clearance of slum areas in certain Union Territories and for the
protection of tenants in such areas from eviction. The objectives are:

• To facilitate inclusive growth and slum-free cities.

• To provide assured security of tenure, basic amenities and affordable housing for slum dwellers.
• To assign a “legal document of entitlement” to every landless person in a slum area entitled to a dwelling
space.
• To give mortgage able rights to allotters of dwelling space. however, tradability of dwelling space limited
to the Government or the slum collectives.
• To provide compensation for acquisition of land, wherever necessary, in the form of concessional
building.

5.4 Rent Control Act,1958

Rent Control Act was an attempt by the Government of India to eliminate the
exploitation of tenants by landlords. Rent legislation tends to providing
payment of fair rent to landlords and protection of tenants against eviction.
The objectives are: To protect the tenant from eviction from the house where
he is living except for defined reasons and on defined conditions; and To
protect him from having to pay more than a fair/standard rent.

Source: http://media2.intoday.in/indiatoday/images/stories/propertytaxstory_660_121112091005.jpg
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 5.5 Real Estate (Regulation& Development) Act, 2016

The need of this act is to regulate Real Estate and the housing sectors which were highly unregulated sectors, to
bring in the transparency in projects, proper information about the builder and provide remedies available to the
buyers. The objectives are:

• An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the Real Estate
sector.

• To ensure transparency in projects.

• To protect the interest of consumers in the Real Estate Sector and to establish an adjudicating mechanism
for speedy dispute redressal.

• To provide proper information about the Builder.

• To protect home-buyers as well as help boost investments in the real estate industry

It establishes the State Real Estate Regulatory Authority for that particular state as the government body to be
approached for redressal of grievances against any builder. This will happen once every state ratifies this Act and
establishes a state authority on the lines set up in the law.
This law makes it mandatory for developers to post all information on issues such as project plan, layout,
government approvals, land title status, sub-contractors to the project, scheduled for completion with the
State Real Estate Regulatory Authority (RERA) and then in effect pass this information on to the consumers.
The current practice of selling on the basis of ambiguous super built-up area for a real estate project will come to
a stop as this law makes it illegal. Carpet area has been clearly defined in the law. The maximum jail term for a
developer who violates the order of the appellate tribunal of the RERA is three years with or without a fine.
Currently, if a project is delayed, then the developer does not suffer in any way. Now, the law ensures that any
delay in project completion will make the developer liable to pay the same interest as the EMI being paid by the
consumer to the bank back to the consumer. The developer cannot make any changes to the plan that had been
sold without the written consent of the buyer.
This put paid to a common and unpopular practice by developers to increase the cost of projects. Lastly, every
project measuring more than 500 square meters or more than eight apartments will have to be registered with the
RERA.
The law mandates every builder to keep 70% of collection from every project in Separate Bank Account. This law
vests authority on the real estate regulator to govern both residential and commercial real estate transactions.

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 5.6 SEZ ACT

“Special Economic Zone (SEZ) is defined as "a specifically delineated duty-free enclave and shall be deemed to
be foreign territory for the purposes of trade operations and duties and tariffs". SEZs are an acknowledgement of
the potential of export-led development strategy in accelerating economic growth.” The objectives are:

• generation of additional economic activity

• promotion of exports of goods and services;

• promotion of investment from domestic and foreign sources;

• creation of employment opportunities;

• development of infrastructure facilities;

6 Environment Protection Act-1986

"ENVIRONMENT" includes water, air and land and the inter-relationship which exists among and between water,
air and land, and human beings, other living creatures, plants, micro-organism and property. The objectives are:

• Protection of the environment

• Improvement of environment

• Prevention of hazards to human beings, other living creatures, plants and property

This is an umbrella legislation, which covers from Radio- Active Substances disposal to use of plastic bags. All
the notifications, rules and regulations dealing with the environmental protection are the subsidiaries of this Act.
This Act provided for coordination and planning of the nationwide programmes for the prevention, control and
abatement of environmental pollution, laid down standards for the quality of environment, restricted certain
areas to establish industries, laid down procedures for the prevention of accidents in such industries and handling
hazardous substances.

7 Disaster Management Act-2005

Disaster means catastrophe, mishap, calamity or grave occurrence in any area, arising from nature or man-
made causes, or by accident or negligence which result in substantial loss of life, of human suffering or damage
to, and destruction of property, or damage to, or degradation of environment, and is of such nature or magnitude
as to be beyond the coping capacity of the community of affected areas. The objectives are:

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 • Institutional mechanisms for drawing up and monitoring the implementation of disaster
management plans.

• Ensuring measures by various wings of Government for prevention of and mitigating the effects of
disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.

The administration hierarchy under this act is first at central level there would be National Disaster Management
Authority (NDMA) and National Institute of Disaster Management (NIDM). Then the state government will have
their respective state authority and then finally the district disaster management authority which will coordinate
with the urban local bodies and panchayats.
National Disaster Management Authority(NDMA) is headed by Prime
Minister who is the Chairman and has a National Executive Committee
(NEC). State Disaster Management Authority(SDMA) is headed by the
Chief Minister wo is the Chairman. It is assisted by State Executive
Committee (SEC) which coordinates and monitor implementation of
National Policy, National Plan and State Plan. Lastly there is a District
Disaster Management Authority(DDMA) whose chairman is either the
District Magistrate or the Zila Parishad.
Source: NDMA Website

Source: Author

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 8 Environmental Protection Act, 2008
The Statement of objects and reasons for the enactment of the Environment (Protection) Act, 1986, inter-alia
provides that there exists serious concern over the state of environment and the situation had grown very critical
world over since the sixties. Because of a multiplicity of regulatory agencies in terms of managing pollution and
protecting environment in India, the need of an authority was felt for studying, planning and implementing long –
term requirements of environmental safety and to give direction to and coordinate a system of speedy and adequate
response to emergency situations threatening the environment. Thus, Environmental Protection Act, 1986 was
enacted which was further amended in 2008 the last.
The objectives of this Act are:

• to coordinate the role of government in relation to environmental protection and sustainable development;

• provide a mechanism for the development of environmental policy and law;

• to promote a clean and healthy environment for all Tuvaluans;

• to prevent, control, monitor and respond to pollution;

• to promote public awareness and involvement in environmental issues and the preservation of Iloga as it
relates to the environment;

• to facilitate compliance and implementation of obligations under any regional and international
environmental or natural resource agreements or conventions to which the Government of Tuvalu has
ratified or acceded to;

• to facilitate sustainable development with respect to the management of the environment and natural
resources

• to facilitate the assessment and regulation of environmental impacts of certain activities;

• to promote the conservation and, where appropriate, sustainable use of biological diversity and the
protection and conservation of natural resources, on the land, in air and in the sea;

• to reduce the production of wastes, and to promote the

environmentally sound management and disposal of all wastes.

http://seattle.gogreenconference.net/img/15logos/EPA.png

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 9 Ancient Monuments and Archaeological Sites and Remains Act (or AMASR
Act),1958

“An Act to provide for the preservation of ancient and historical monuments and
archaeological sites and remains of national importance, for the regulation of
archaeological excavations and for the protection of sculptures, carvings and other
like objects.” It extents to the whole of India but construction of references to any
law not in force in the State of Jammu and Kashmir.

Source:http://i1.trekearth.com/photos/40000/qutub01.jpg

10 Energy Conservation Act, 2001

The aim of this act is to reduce specific energy consumption in different sectors, and sets up a specialized Bureau
of Energy Efficiency to institutionalize energy efficiency measures, monitoring, and measurement at plant and
macro-levels. The objectives are:

• To provide for efficient use of energy and its conservation.

• Provide a policy framework and direction to national energy conservation activities.

• Coordinate policies and programs on efficient use of energy with stakeholders.

• Establish systems and procedures to verify measure and monitor EE improvements.

• Leverage multilateral, bilateral and private sector support to implement the EC Act.

• Demonstrate EE delivery systems through public-private partnerships

11 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act,

2014
All street vendors above eighteen years of age will be granted a certificate of vending. Transfer of certificate is
not allowed. In case of declaration of a specified area as a no-vending zone, the vendors will be relocated to
another area. All street vendors will be accommodated in a designated vending zone. The certificate may be
cancelled if the vendor breaches the conditions of the certificate. No vendor will be allowed to carry out vending
activities in no-vending zones. TVC has to conduct survey for all vendors under its jurisdiction every 5 years and
a certificate has to be issued to them.

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 There will be a Town Vending Committee in each zone or ward of the local authority. The local authority may
physically remove the vendor and make seizure of goods of such vendors who have not relocated to the vending
zones. A vendor without a certificate will be penalized and will have to give a payment that may extend up to
2000. There shall be a dispute resolution body consisting of a Chairperson who has been a civil judge or a judicial
magistrate and two other professionals as prescribed by the appropriate government.

References:

• The Constitution (74th Amendment) Act, 1992, Ministry of Housing and Urban Affairs on URL
http://mohua.gov.in/upload/uploadfiles/files/74th_CAA13.pdf.

• Gopi, M. URBAN LOCAL BODIES WITH REFERENCE TO 74th CONSTITUTIONAL AMENDMENT ACT OF 1992,
International Journal of Multidisciplinary Advanced Research Trends, Volume 3, no 2(2016), 149-155.

• Article on The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And
Resettlement (Second Amendment) Bill, 2015 on URL
http://www.prsindia.org/uploads/media/Land%20and%20R%20and%20R/LARR%20(2nd%20A)%20Bill,
%202015.pdf

• Article on Ancient Monuments and Archaeological Sites and Remains Act on URL
http://i1.trekearth.com/photos/40000/qutub01.jpg

• About EPA on URL http://seattle.gogreenconference.net/img/15logos/EPA.png

• About Disaster and acts on URL http://www.manitobadisastermanagementconference.org/wp-

content/uploads/2017/03/disaster-management-conference-2017-winnipeg-6.png

• About Rent control act on URL

http://media2.intoday.in/indiatoday/images/stories/propertytaxstory_660_121112091005.jpg

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