Professional Documents
Culture Documents
Unit 4- Assignment 6
In case of road widening/ new construction, the local authority can grant
additional FSI on 100% of the area required for the purpose, provided the owner
surrenders the land for widening or construction of new roads to the local
authority free of all encumbrances and accept the additional FAR/FSI as the
compensation in lieu thereof. This mechanism has considerably relieved local
authorities from incurring huge expenses for the purpose of acquisition of such
lands. The model can be explored for other non‐economic activities such as
open spaces, public utilities among others.
Advantages of TDR
For necessary public purposes in urban Areas Preservation and carving of Land
2. Less administrative costs and less monitoring to ULB than zoning (Tavares,
2003)
6. In Development plans, the Indian context has used for carving of roads and
open spaces easily
3. Land pooling
1. The land pooling policy means that government agencies consolidates
parcels of land and designs or develops it with infrastructures like roads,
schools, hospitals, community centers and sports facilities on part of the land
and then returns a portion to the original owners who can later sell it or
execute housing.
2. Land pooling is a technique for stimulating efficient and even-handed land
development in the urban area.
3. This concept is worked out in many nations of the word and this concept is at
least 200 years old.
4. The concept has been more popularly utilized in Korea and Japan in the
recent times. This concept is more effective when it is used in small to
medium areas in terms of size. This helps in planned development by
government agency.
5. Land pooling is simplest terms is the merging or “pooling” of land.
6. In general, the major reason for land pooling is to get land-proprietors living in
urban towns to pool their land and hand it over to a government
organization with the goal that framework can be produced.
7. As the time propels, the Indian urban areas are likewise extending their
peripheries at a bigger scale. The rest of the land is then come back to the
proprietors who can collaborate with land engineers to manufacture lofts
and private properties.
8. The requirement for limit working in monetary processes, for example,
framework, additionally expands which at last influences the government to
turn to land securing.
9. With the assistance of better foundation and promptly accessible open
civilities, the land pooled by the proprietors sees a significant increment in its
cost following a couple of long periods of improvement.
10. For numerous years, land securing has been an argumentative policy field in
light of the fact that land is a state subject.
Landowners advantages
1. By making land proprietors as partners in the improvement of land through
the opening of their land esteem and giving most of the advantages to
them, the state can frame a model of social strengthening and development
while guaranteeing practical advancement.
2. This is done to create and draw out the capability of lodging and foundation
to decrease the heap on the current congested and soaked territories.
3. With the various advantages of land pooling, the eager cooperation of
private players with the equivalent association of the government will make
the whole technique more powerful and clear in the land improvement, in
this manner, leaving no possibility for fraud in the issue for proprietorship.
4. Land Acquisition and land requisition
LAND ACQUISITION
APPLICATION OF ACT:
a) For strategic purposes relating to naval, military, air force, and armed
forces of the Union, including central paramilitary forces or any work vital
to national security or defense of India or State police, safety of the
people.
d) Project for housing for such income groups, as may be specified from time
to time by the appropriate Government.
a) For public private partnership projects, where the ownership of the land
continues to vest with the Government, for public purpose.
3. The provisions relating to rehabilitation and resettlement under this Act shall
apply in the cases where-
DEFINITION
- Preliminary investigation
- Adjournment of enquiry
LAND REQUISITION
The Act provides for the central government to requisition immovable property
(or land) for any public purpose.
Once the purpose for which the property was requisitioned is over, it must be
returned back to the owner in as good a condition as when the possession was
taken.
1. This Act shall extend to the areas specified in the Schedule hereto annexed
and shall continue to extend to any such area notwithstanding that the area
ceases to be of the description therein specified.
3. The [State] Government may at any time by like notification, direct that any
or all of the provisions of this Act shall cease to extend to any area and on
such date as may be specified in the notification, and on that date the said
provisions shall cease to be in force in such area.
DEFINITION
1. Land includes benefits to arise out of land and buildings and all things
attached to the earth or permanently fastened to the buildings or things
attached to the earth
2. Landlord means any person, who is for the time being, receiving or entitled to
receive, rent in respect of any premises whether on his own account or on
account, or on behalf, or for the benefit, of any other person, or as a trustee,
guardian, or receiver for any other person or who would so receive the rent
or be entitled to receive the rent if the premises were let to a tenant, and
includes any person nor being a tenant, who from time to time derives title
under a landlord.
1. CONSTITUTION OF MUNICIPALITIES:
- The seats shall be filled by direct elections. Besides the seats filled by direct
elections, some seats may be filled by nomination of persons having
special knowledge and experience in municipal administration.
- Persons so nominated shall not have the right to vote in the meetings of
the municipality.
- The Legislature of a State may, by law, also provide for the representation
in a municipality of members of the House of the People and the
members of the Legislative Assembly of the State representing
constituencies which comprise wholly or partly the Municipal area and
also the Members of the Council of States and the members of the
Legislative Council of the State registered as electors within the municipal
area.
4. DURATION OF MUNICIPALITIES:
- The municipality has a fixed term of 5 years from the date appointed for its
first meeting.
- If the municipality is dissolved before the expiry of 5 years, the elections for
constituting a new municipality are required to be completed within a
period of 6 months from the date of its dissolution.
- The State Legislature may, by law, specify what powers and responsibilities
would be given to the municipalities in respect of preparation of plans for
economic development and social justice and for implementation of
schemes as may be entrusted to them.
6. Town Planning Schemes-
A Town Planning Scheme (TPS), as practiced in Maharashtra for some time and
more recently found to have been effective in Gujarat can be broadly defined
as a method of planning large contiguous large parcels through a systematic
method of land pooling and readjustment. What this entails, principally, is that
landowners are brought together as a consortium and become major
stakeholders in the planning process. The land is pooled willingly and thus the
government or the planning agency gets a large tract of land for planning,
without land acquisition. Through a series of stakeholder meetings and urban
planning computations for civic amenities etc, a physical readjustment of lands
is done, which may include realignment of roads and reconfiguration of areas
that will provide the necessary civic amenities like parks, fire stations, police
stations, cultural centres etc, as the need may be.
1. Survey-
As with any planning, a detailed topographical survey map is prepared for the
area. This includes all the features including contours, existing roads, water
bodies etc.
2. Establishing Ownership-
Land records are collected to create a record of land ownership of every land
parcel in the TPS area. This is an important step and needs to be done diligently
so that all land owners are recorded.
Here the physical land planning exercise begins. Existing roads, if any are
marked and a proposed road layout is prepared. Amenity plots are carved out,
based on the requirement as computed for the area and the estimated
population. This is usually based on prescribed standards.
Final computation includes an actual estimation of the area that has gone
under roads and civic amenities to arrive at the land area available for private
ownership. The valuation process primarily looks at the value of the Original Plot
versus the value of the Final Plot. This should be principally the same, but any
increases/decreases are noted. Final Plots are delineated and betterment
charges etc are computed.
6. Stakeholders Meeting-
A series of administrative steps follow the finalization of the TPS. A Town Planning
Officer begins the finalization process. This included individual consultation and
discussion with every landowner. After this, the Final TPS with all financials is
published for implementation. The Revenue records of the State are updated
based on the final TPS.
According to, Ministry of Housing & Urban Affairs, Government of India following
are the various town planning schemes/ programmes-
1. Smart Cities
2. Atal Mission For Rejuvenation And Urban Transformation
3. Swachh Bharat Mission Urban
4. Heritage City Development and Augmentation Yojana (HRIDAY)
5. Urban Transport
6. Pradhan Mantri Awas Yojana (Urban)-PMAY (U)
7. Deendayal Antyodaya Yojana National Urban Livelihoods Mission DAY-
NULM
8. North Eastern Region Urban Development Programme (NERUDP)
9. Pooled Finance Development Fund (PFDF) Scheme (2006)
10. Pilot Scheme for of Urban Infrastructure Development in Satellite Towns
around seven megacities Co-Terminus with 12th Five year Plan.
11. Rajiv Awas Yojana
12. Jawaharlal Nehru National Urban Renewal Mission
- http://mazepune.com/town-planning-schemes-tool-planning-cities/
- https://mohua.gov.in/cms/schemes-or-programmes.php
B. What do you understand by Eco-sensitive zones/areas? List down
the eco-sensitive zones in your State of residence?
The Ministry of Environment, Forest and Climate Change (MoEFCC) is the nodal
agency in the administrative structure of the Central Government for the
planning, promotion, co-ordination and overseeing the implementation of
India’s environmental and forestry policies and programmes.
-https://www.drishtiias.com/to-the-points/paper3/eco-sensitive-zones
C. Discuss roles and responsibilities of Central, State and Urban Local
bodies.
CENTRAL-
The Constitution of India has assigned the subjects pertaining to the urban areas
to the State Legislates. In so far as the urban issues are concerned, the legislative
powers of the Union are limited only to the following subject/areas:
In exercise of these legislative powers, the Parliament of India has enacted the
following legislations which are administrated by the Ministry of Urban
Development.
These shall be constituted for a period of five years and if dissolved earlier, an
election to reconstitute it shall be completed before the expiration of a period
of six months from the date of its dissolution.
Not less than one-third of total number of seats in each urban local body shall
be reserved for women.
The Legislature of a State may by law entrust on these bodies such power and
authority as may be necessary to enable them to function as institution of local
self-government, including those listed in the Twelfth Schedule.
The Twelfth Schedule of the Constitution has listed the following functions of the
urban local bodies:
STATE-
1. In order that the urban local bodies can perform the functions assigned to
them, the Legislature of a State shall assign them specific taxes, duties,
tolls and levies and authorise them to impose, collect and appropriate the
same.
2. Each State shall also constitute a Finance Commission which shall review
the financial position of the urban local bodies and recommend the
principles which should govern the devolution of resources, including
grant-in-aid from the Consolidated Fund of the State of these bodies.
3. The superintendence, direction and control of the preparation of
electoral rolls for, and the conduct of, all elections to the urban local
bodies shall vest in the State Election Commission.
4. In each district a District Planning Committee shall be constituted to
consolidate the plan prepared by the urban and rural local bodies.
5. Similarly for each metropolitan area a Metropolitan Planning Committee
shall be constituted to prepare a development plan for the metropolitan
area a whole.
- All the States (except Jharkhand and Pondichery) have conducted the
election to the local bodies.
- All the States (except Arunachal Pradesh) have constituted State Finance
Commissions and most of the Commissions have submitted their reports to
the State Governments, recommending significant devolution of
resources to the urban local bodies. The national Eleventh Finance
Commission has also recommended devolution of Rs. 2000 crores as
grant-in-aid from the Central Government to the urban local bodies.
- Constitution (74th Amendment) Act 1992 has made the urban local
bodies into vibrant self-governing institutions. This has ushered in a new era
of urban governance and urban management in India.
D. Prepare a chart of Methodology of preparation of a Development
Plan with different Stages.
Time frame-
The time frame of the existing Development Plans is for a period of 20 years by
most of the Urban Development Authorities/ULBs. For greenfield cities, a longer
planning period can be considered, aligned with the infrastructure life of 30
years.
4. Development Proposals
5. Implementation Plan