Indian constitution has contemplated India as a democratic country.

Land is nature’s gift, and with increase in population, land-man ratio is declining. And the competition
of space is becoming bad to worse to population growth particularly in urban areas. And here we need
legislation to regulate the use and development of land.

This is why govt accommodates unauthorized colonies, unauthorized development and

encroachments.

NEED: The evolving legislation for planning of regions or settlements has constant conflict among
various interests in development, therefore, a greater care is essential and hence planning
legislation is required.

CHAPTER 1
PLANNING LEGISLATION
What is Legislation.

Legislation is the result of process of evolution and reflection of the will of majority to lay down the
code of conduct for individual via-a-vis the interest of the public and community at large.

FOR

• To protect individual rights with respect to each other and for over all public and community
interest.
• Matters harming them need code of conduct like greed, security, speculation, exploitation
etc.
• These comes with real estate too, thus a care is needed in planning legislation evolution. For
regions or settlements where there is constant conflict among various interest in
development.

TCP Act

An act enacted in every state for orderly development of the society aiming at social and economic
development and environmental upliftment of the society. From ch2- this act provides for the
regulation of planned growth of land, its use and development in urban and rural areas.

Planning

Planning is a science and art concerned with land economics and land policies in terms of economic
and social betterment. Town Planning is a system regulating the use and development of land with
the object of ensuring orderly growth of the community. Regulation is possible with legislation.

Planning Legislation

• Planning Legislation means legislation dealing with matters related to physical planning and
development. It defines the system of urban governance, establishes the system of urban
planning and regulation of land development. It should cope up the dynamism of urban
growth.
• Legislation regards to land as ruled in Maneklal case by supreme court
• Should be equitable, flexible, simple, participative and easily manageable.
• Legislation dealing with matters relating to urban and regional planning and sustainable
development are put together under the broad category of planning legislation.
 • History
It was a part and parcel of municipal law. In the early 20th century, town planning was
considered a part of municipal administration. But problems gradually assumed greater
proportions. So, improvement trusts were set up. Thereafter special purpose legislation was
enacted. After model Town and Country Planning Act, Town and Country Planning Acts have
been enacted by legislature of states. With the 73rd and 74th Constitutional amendment Acts,
1992, Planning Legislation has got independent status due to constitutional recognition.

Legal Terms

Take them directly from book (adobe pdf page no. 17-18). ISE AGAR TYPE KAR SAKTE HO TO DEKH
LENA (SAKSHI OR SHREYA ANYONE OR BOTH)

The legislation is the act of elected representatives and the law is continuation of several acts for
enforcement.

The law relating to urban and regional planning originates normally from the people in democratic set
up. But most of the planning legislations in India were blue prints of erstwhile and regime.

Planning and Legislation: Antithesis

Planning in its broadest sense, implies management of change which by definition has to be dynamics,
adoptive and specific to local condition. The aim of legislation (law and regulations) comprises a sense
of static reliability, fundamental validity and general principle whereas planning must be future
oriented, anticipating change and innovation. On the other hand, the nature of law tends to be
conservative and persistent.
 PLANNING LEGISLATION
Chapter – 2
The constitution of India has made provision for enactment of Acts by the Parliament and Legislative
Assembly by division of sovereignty. Town and Country Planning Act is enacted in every State. This
act provides for the regulation of planned growth on land, its use and development in urban and
rural areas.

The Supreme Court ruled in Maneklal case in 1967 that various questions were dealt with in Town
Planning Act can be considered to deal with land. The Act is also meant for social, economic and
environmental upliftment of the society. Planning laws take due cognizance of the prevailing
ground realities of urban growth. That is why government accommodated unauthorized colonies,
unauthorized development and encroachments.

LEGISLATION RELATING TO PLANNING

Planning legislation does not merely cover Town and Country Planning Act and rules made
thereunder and cases decided by High Courts and the Supreme Court. But it also covers many other
Acts which have relevance with planned development. The following legislations deal with certain
aspects of urban and regional planning and their development programs:

• City Corporation/ Municipal Acts

• Village Panchayat/Rural Development Acts
• Urban Development Trust Acts
• City Improvement Authority Acts
• Cantonment Board Act
• Industrial Development/ Infrastructure Development Acts
• State Housing Board Acts
• Slum Clearance and Improvement Acts
• Urban Acts Commission Acts
• Public Health Acts
• Water Supply and Sewerage Acts
• Preservation of Open Space and Sports Field Acts
• Land Revenue Acts
• Co-operative Housing Society Acts etc.

Proliferation of Laws:

There is proliferation of laws in every state, which has relevance with urban and rural development.
With the result, they lead to anomalies and overlapping of certain provisions, which are
supplementart to the principal Act of town and country planning. A planner is required to know
overlapping provision and anolalities and resolve them through his administrative head. The
following laws of Madhya Pradesh contain overlapping provisions and some of them are defunct.

URBAN AND REGIONAL PLANNING LAWS IN M.P.

The Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.

Delegated Legislation

1. M.P Bhumi Vikas Miyam, 2012

 2. M.P. Nagar tatha Gram Nivesh Adhiniyam,2013

MUNICIPAL ACTS:

1. The Madhya Pradesh Municipal Corporation Act, 1956

2. The Madhya Pradesh Municipalities Act, 1961

OTHER RELEVANT ACTS

1. M.P town Improvement trust Act, 1960 (now repealed)

2. M.P. regulation of Uses and Land Act, 1968
3. M.P Town Periphery Control Act, 1960
4. M.P Land Revenue Code, 1959
5. M.P Housing and Infrastructure Development Board Adhiniyam, 1972
6. M.P. Prakoshtha Swamitva Adhiniyam, 2000
7. M.P. Gandi Basti Kshetra ( SUdar Tatha Nirmulan) Adhiniyam, 1976 ( now repealed)
8. M.P. Vinirdista Bharashta Acharan Nivaran Adhiniyam, 1982
9. M.P. Nagariya Kshetron Ke Bhoomihin Vyakti (Pattadhruti Adhikaron ka Pradan Kiya Jana)
Adhiniyam, 1984
10. M.P. Preservation of Trees Act, 2001

RELEVANT CENTRAL ACTS FOR PLANNING PRACTICE:

Town Planners should posses knowledge of many Central Acts which have relevance with land and
its development. Land is needed and required for development activities. In order to take up a
development project, requisite distance from the airport particularly for high-rise buildings, requisite
distance from the railway line, highways etc. have to be considered. In case, cantonment area is
located in a town for which a development plan is prepared, planning co-ordination would be
essential. Conservation of city heritage, structures or places historical, and architectural or scientific
interest are also considered while planning for a city or a region.

The knowledge of the Constitution of India is essential to justify the competence of a State because
provisions contained in State Town and Country Planning Act have to be in conformity with the
constitutional provisions.

The knowledge of various acts such as transfer of property, payment of stamp duty, registration of
property, making contract for consultancy and development projects, referring the matters for
arbitration in case of conflict etc. is also necessary for Town Planners.

A planner should have at least a bare knowledge for the following Acts, which have relevance with
Urban and Regional Planning and Development.

1. The Constitution of India

2. The Land Acquisition Act,1894 and RTFCTRR Act, 2013
3. The Urban Land (Ceiling and Regulation) Act, 1976
4. The Contract Act, 1872
5. The Transfer and Property Act, 1882
6. The Registration Act, 1908
7. The Stamp Act, 1899
8. The Arbitration and Concillation Act, 1996
9. The Civil Aviation Act, 1962
10. The Railway Board Act, 1890
 11. The National Highways Act, 1956
12. The Cantonment Act, 2006
13. The Ancient Monuments and Archaeological Sites and Remains Act, 1958
14. The Real Estate (Regulation and Development) Act, 2013
15. The Industries (Development and Regulation) Act, 1951.

ENVIRONMENT LAWS:

Town and Country Planning Act defines “development” with its grammatical variations means the
carrying out if holdings, engineering, mining, or other operations in, over or under land or making of
any material change in any building or land or in the use of any building or land and includes sub-
division of any land. It needs to be ensured that mining and quarrying activities do not adversely
affect natural form and natural features by unrestricted and unplanned development. The
comprehensive definition of development justifies the need to know many Acts such as Forest
(Conservation) Act, 1980, Wildlife (Protection) Act, 1972, Mines and Mineral (Development and
Regulation) Act, 1957, Soil Conservation Act, 1935 etc.

The contents of a regional plan includes preservation, conservation and development of areas of
natural scenery, forests , wildlife, natural resources and landscaping, preservation of erosion,
provision for afforestation, or re-afforestation, improvement and redevelopment of waterfront
areas, rivers and lakes, proposal for irrigation, water supply and hydro-electric works, flood control
and prevention of river pollution etc. This entrails the need to know environmental and pollution
control Acts such as Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and
Control of Pollution) Act, 1981, Environment (Protection) Act,1986, National Green Tribunal Act,
2010 etc.

LAWS ON STATUTE BOOK

Evolution of urban and regional law has been gradual from Municipal Acts to Town Improvement
Trust Acts followed by Town and Country Planning Acts and further by Development Authority Acts
and Special Purpose Acts such as Housing Board Act, Slum Clearance and Improvement Board Act,
Water Supply and Sewerage Board Act etc.

It needs to be highlighted that Indian Constitution has laid a new important trail in the section on
Directive Principles of State Policy by assigning the duties for the state and all citizens through Article
48-A and Article 51-A (g) which states that the “State shall endeavor to protect and improve the
environment and to safeguard the forests and wildlife in the country” and “to protect and improve
the natural environment including forests, lakes, rivers and wildlife and to have compassion for the
living creatures’’. But environment and pollution control law has actually emerged after the then
Prime Minister of India attended United Nations Conference on Human Environment held in
Stockholm in June, 1972. Town planners are now advocating sustainable development that is
planning with due weightage to environment considerations.

The following are the laws on Statute Book and the last two categories are considered new
additions: -

1. Constitutional Law
2. Criminal Law
3. Civil Law
4. Industrial Law
5. Labour Law
 6. Municipal Law
7. Revenue Law
8. Personal Law
9. Administrative Law
10. Urban and Regional Planning Law
11. Environment and Pollution Control Law

Broadly, Planning Legislation means legislations dealing with matters related to Urban and Regional
Planning and Development.

In its traditional sense, it mainly embraced physical planning, but now it has become comprehensive
in nature dealing with physical, economic, social and environmental planning. It defines the system
of urban and rural governance, established a system of urban and regional planning and regulation
of land management. Planning legislation is the most comprehensive subject covering many Central
and State Acts having relevance with land and its development in both urban and rural areas.
 CHAPTER-3
Significance of planning legislation for Town planners –

India is facing the problem of population exploration and India is also urbanizing fast.
Urbanization accelerates economic growth, so it is an economic necessity. Unplanned
urbanization results in imbalanced and loop sided development. India Accounts for 2.4 % of
world's surface area but supports 17.5% of world's population. Land man ratio of India will
deplete to 0.19 hectare per person by 2021 which is quite alarming. Urbanisation pattern in
2011 present a wide spectrum of variation ranging from 10 % to 62% in different states as
against average carbon content of 31.6 %. 53 Metropolitan centres account for 42% of people
living in urban area. Out of top 10 megacities of the world in terms of population Delhi, Mumbai
and Kolkata Stood at the second third and fifth position.

Town planners are architect of modern India they are one of the pillars on which edifice of
modern India is being built. Town planner in India have made immense contribution in
improving the standard of living of people living in urban and rural areas. They are playing an
effective role in bringing about orderly development of towns and cities.

It is a challenge for planners to plan for huge growth of population speciality large number of
towns and explosing Metropolitan cities with the provision of adequate infrastructure and
basic facilities. Preparation of district Development plans and metropolitan development plans
would go on a long way in creating the special framework with which the urban and rural
settlement would be plant in a co-ordinated manner. Town planners should work in close
coordination with government. They should not compromise on enforcing planning legislation
to create efficient and equitable settlements.

Significance and objectives-

The phenomenal growth of our population specially in urban India during last quarter of the
century has cause many serious problems. We have been able to visualise, the emerging
urbanization and future growth of population and its impact on human environment and
settlement pattern. The Rapid pace of urbanisation is going to affect urban centres and urban
form. We must arrive at certain control measures to check the deteriorating urban
environment. We are also aware of backward areas and determined to remove the prevailing
regional disparities. This entails the need of Urban and regional planning. These plans are
required to be implemented and enforced. For this the plans need to have legislative sanction.
The law would make it obligatory for the appropriate authority to prepare the plan in a
prescribed manner.

Whether it is a development plan or regional development plan, without statutory backing it

can never be translated into reality. A non- statuary plan May act as advisory plan but it would
lack accountability. Urban planning needs legal sanction because of scarcity of urban land and
significance of land use planning. Without legal sanctity, it would be difficult to sustain money
and muscle power. Above all, the day today political pressure in a democratic setup is very
difficult to sustain.
The objective of planning legislation is to make provision for planning and development and
use of land. The study of planning legislation is necessary due to emerging need of statutory
planning. Town planning broadly deals with land, economics, and social planning ruled in
manek lal case by the supreme court. Planning legislation is a most comprehensive subject.
Relation does not merely cover town and country planning acts and rules made there under,
but it also covers many other which have relevance with planned development or sustainable
development.

Urbanization and Metropolitanisation Lead to many urban problems and regional imbalances.
City planning may be described as a social movement, government function and a technical
Profession. Due to scarcity of urban land, land speculation, money and muscle power, political
pressure etc., land use planning is significant to resolve conflicting interests.

Plan preparation-

Development plans prepared at regional, metropolitan and city level are statutory documents
prepared under the provision of Town and Country planning act. A planner while Preparing a
development plan has to consider the content and procedure of preparation as given in Act. In
absence of this, development Plan could be challenged in a court of law.

Plan implementation-

Development plan must be implemented. A town planner has to ensure plan implementation
as laid down in the Act. The land reserved for public purpose such as circulation pattern, city
level public facilities and amenities has to be accurate with a prescribed time limit as given in
the Act. He has to keep in mind first phase proposals and take up town planning for city
expansion following due procedure as laid down in the Act.

Plan enforcement-

A town planner is also concerned with the plan enforcement while giving planning permissions.
He has to ensure that land use zoning and development control regulations are followed. He
has to jointly manage money and muscle power, political and bureaucratic pressures by
highlighting statutory provisions. Unauthorised construction and development has to be
controlled keeping in byu the proposal contained in the development plan which is legal
document. The Legal procedure must be followed before demolishing an unauthorized
structure otherwise he would land himself in trouble.

Resource mobilization-

While giving planning permission, a town planner has to collect the request site fees as laid
down in the act or rules otherwise he would be accountable for loss of revenue to government.

Project Planning-

In order to take up and Urban Development project, distance from the airport for high rise
building, requisite distance from the railway line are considered. This and tiles no provision of
the Civil Aviation act and the Railways act. For a large project clearance should be obtained
under the Environment protection Act. The knowledge of various acts such as transfer of
Property act while obtaining land, payment of stamp duty, registration of property, contract
act for consultancy and development projects, arbitration, and conciliation act to resolve
conflicts etc. Necessary for Town planners. In case, the land is required for acquisition, he
should know how to initiate land acquisition proposal and estimate the amount of
compensation as per right to fair compensation and transparency in land acquisition
rehabilitation and resettlement act.

Sustainable Development-

Development means carrying out development, engineering, mining, other operations in, over
or under land or the making of any material change in any building or land. Therefore, he should
have some knowledge of mining or forestry acts and conservation of natural resources. In order
to have sustainable development, the knowledge of environment and pollution control acts is
also necessary.

City Heritage-

conservation of city heritage, places of architecture and scientific interests need the knowledge
of the ancient monuments and archaeological sites and remains act 1958.

Development coordination-

Because of proliferation of laws, a town planner is required to know overlapping provisions and
anomalies of different acts, so as to resolve conflicts. And above all, a town planning has to
ensure coordination amongst different departments engage in development activities.

Need of Legislative support –

Urbanization is inevitable. Regional imbalances are also observed. Paradoxically some regions
in spite of rich in minerals resources are found backward. This entails the need of Legislative
support for planned urbanisation, urban and regional development and removal of regional
imbalances. There is a need for statutory planning on account of the following reasons-

1. Population explosion
2. Declining man land ratio.
3. Urbanization and Metropolitanisation.
4. scarcity of urban land
5. Money and muscle power
6. Political and administrative pressure
7. Regional imbalances
8. Environment and pollution problems.
9. Exploitation of natural resources requiring conservation.
10. Significance of land use planning to resolve conflicting interest.
11. Paucity of funds for infrastructure and services.
12. Proliferation of laws need for development coordination.
13. Need for conservation of ancient monuments and historical buildings.

Urbanisation results and movement of goods and human beings, enhancement in Industrial
and commercial activities, and strain on social and physical infrastructure. Urbanisation leads
to several social problems, housing and environmental problems, traffic and parking
problems etc. Housing problem leads to unauthorised occupation of government lands,
problems of slums and jhuggi jhopadi settlements, rising land values, increasing rends, rising
land values. Urbanisation also leads to law and order problems particularly in large towns. 53
Metropolitan centres contain 42.4 % of total Urban population of the country 2011 census. In
Madhya Pradesh, 33 class 1 towns contains 54.4 % of the total Urban population, 14 Municipal
Corporation towns account for 42.8% of Urban population in 2011. The role of urban planners
and urban designers is obviously very important. In next 20 years, urban areas would contain
half of the total population.
Urban legislation has vital implementation for the society, its functioning and also on city and
its development. Behind and urban law lies political and policy issues and not merely technical
issues. Planning legislation defines the system of urban government, determine the system
of urban planning and regulation of Land Development. It also defines and delineates role and
power of urban planners and urban managers.

Laws which do not allow participatory approach in the process invariably leads to the
rejection of planning proposals award under them. Planning laws should be simple to
understand. Not very lengthy which would help in reaching the target groups. More complex
is law, more are the chances of its failure. Laws which are negative in approach are not
generally obeyed by the people. It should be used as a positive tool to achieve the plant
development. It should be it equitable, flexible, simple, participated and easily manageable.
It should lay emphasis on Environment issues and should be operationally efficient,
administratively fair and should be easy to administer.

Planning laws must due cognizance of the prevailing ground realities and should be able to
cope up the dynamism of urban growth. Planning law must focus on the people living in the
urban areas and accordingly it must be able to Cater the basic needs of the majority of
urbanites who unfortunately are migrant in the urban environment and a too poor to afford
a decent living.
Many existing distortions and contradictions in the planning system at the outcome of
planning laws. Planning laws should require modification to remove these distortions. Rigidly
of master plan is the outcome of planning laws of which these plants are the products.
Planners in date should possess the knowledge of law to develop and inside to understand
various provisions of law which relates to the tasks assigned to them. The knowledge of
planning legislation is essential to develop his capability is as below-

1. Capable of reading and understanding Town and Country planning act

2. Capable to understand rules and bye laws
3. capable to prepare, publish, implement and and force development plans - city, regional,
zonal, area, as per provision of acts and rules
4. Understand anomalies and overlapping provisions of other acts to no accountability
5. Learn to initiate land acquisition proposals for development projects on behalf of public
and private sector
6. Capable of taking legal decisions himself on legal matters to avoid delay in administration
of planning
7. Suitable amendment in the Act on the account of practical difficulties in plan
implementation and enforcement
8. Play down the policies which form part of the proposed amendments in the act or
proposed new act. You should know that the policy does not conflict with constitutional
provisions.
9. Planner should not surrender to political or administrative pressures in planning
enforcement or orderly demolition
10. Should not deviate from the provisions of the act, rules and bye laws as well as land use
stipulations and zoning regulation.
11. Learn to handle pressure groups, builders, politicians, bureaucrats intelligently.

Politics and planning-

Politics and planning are complementary to each other. Politics guide the basic development
goals, objectives and priorities and planning provides an efficient tool for achieving them. The
current political climate is in favour of inculcating grassroot participation in the planning
process through regional planning, District Planning and Metropolitan planning. Development
activities should start from The Grass root level that is village should be considered as the
unit. The constitution 73rd and 74th amendment acts will help us to improve the planning
process and to achieve objective as per the new dimensions. It will enable us to explore the
possibilities of utilising our natural resources and manmade resources and initiate
development from The Grass root level, thereby reducing disparities and regional imbalances.

Urban and regional planning are generally given very less priority by decision makers both
politicians and officials. For instance, in the Parliament of India, questions on urban affairs
and Housing account for roughly 2% of the total number of questions asked and debated.
There was no mention of urban Planning and development in our constitution, except land
which was mentioned in list 2. There is no political lobby for Urban Development at the
national, state and local level. Planning Commission has now given importance and priority
to Urban Development and Housing after 73rd and 74th amendment acts. Title fonts are
released under JNNURM and UDSMIT. 21st century is indeed the century of urban growth and
development.

Need for the study: Summary-

There is a need for legislative support for urban and regional planning and telling need for the
subject for Town planners on account of the following reason-
1. Population explosion and declining man land ratio require statutory planning which
entails the need of planner to know planning legislation.
2. Urbanization and Metropolitanisation planning of urban centres with priority to planning
of Metropolitan centres.
3. Some part of the country is underdeveloped in spite of being rich in mineral and forest
resources. In order to remove regional imbalances statue of regional planning is needed.
4. Scarcity of urban land is lead into money and muscle power together with political and
administrative pressure. It is, therefore, necessary to plan urban centres with legal support
by land use planning with development control regulations. Land has alternative uses, so
there is a need to resolve conflicts by land use planning with optimum utilisation of land in a
plant manner.
5. huge funds are required for urban infrastructure and services. Housing for the urban poor
is necessary for jhuggi less urban environment. By statuary planning, resource mobilization
would be possible making land as a resource for plan implementation with built-in policy for
social housing.
6. Sustainable development is needed due to environment and pollution problems. So urban
and regional planners should process the basic knowledge of environmental and pollution
control laws.
7. Minerals and forest resources are being exploited due to need and the greed. It is,
therefore, necessary to conserve natural resources which require the knowledge of laws on
conservation.
8. Planning of human settlement, ancient monuments and historical buildings have to be
conserved. Integrated urban conservation needs the basic knowledge of related laws.
9. In every state, there are number of floors with anomalies and overlapping provisions.
Proliferation of laws need the knowledge of different acts and rules for development
coordination.
10. Politics and planning are interrelated. Town planners should understand and appreciate
the ground realities for the Welfare of masses. This reflects the need for public
participation in Planning and development.
11. Planning has no meaning unless plans are executed. implemented and enforcement are
two major aspects of plan execution. Town planners should know the provisions known for
land assembly techniques for plan implementation.
12. Enforcement has also two aspects, control of unauthorized development and use of land
and planning and building permissions as per land use and development control regulations.
Town planners must be aware of provisions laid down for plan enforcement. unauthorized
development should be removed by adopting the laid down Legal procedure and
empowerment otherwise planners would land into trouble.
13. Town planners should possess the basic knowledge of Indian constitution and should
develop capability to understand acts and rules have relevance to Urban and regional
planning both for planning and practice.

Need for new planning legislation-

Existing approach to create a number of laws which are meant for specific needs should be replaced
by General laws administered by city level Agencies so that these laws are effectively implemented.
The entire regime of planning laws needs to the light of the 74th constitutional amendment act 1992,
which Lays down the precise system of planning both at regional level that is district and Metropolitan
level and at the local level. All existing planning laws need to be modified.

All Powers, authority, functions and resources must be vested with municipality is to take care of
planted growth and management of urban areas because all problems are city specific and local level
Agencies are best used to tackle these problems provided they are properly equipped managerially
financially and technically.
Indeed, there is a need for a new legislation in the country due to the various reason listed below-

1. 74th CCA- devolution of powers to the people, reforms in the development plan making,
constitution of DPC and MPC.
2. JNNURM entailing investment partnership among Central, state, and local governments and
implementing mandatory and optional reforms as envisaged.
3. Special economic zones SEZ and Mega industrial zones MIZ near growing urban areas.
4. Location of Airports and seaports with job potentials having direct bearing on mother city.
5. Displacement of agriculturists and other people as intricate problem.
6. Developer's greed to mint money.
7. Economic policies and practices.
8. Future Hi-Tech cities with location of Technology Park, IT parks, knowledge cities, cyber cities,
malls and multiplex, sport cities, health cities etc.
9. Demand for increasing FAR, height restrictions, local aspects like set back from roads.
10. Need for finance for Urban Development and planning execution.
11. Increasing cost of land acquisition due to new land acquisition law.
 Chapter – 4
Indian Constitution
THE PREAMBLE

Every Constitution has a philosophy of its own. It is reflected in the Preamble to the Constitution. The
Preamble of the Indian Constitution is as under:-

"WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India into a SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and, political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all.

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949 do HEREBY ADOPT, ENACT
AND GIVE TO OURSELVES THIS CONSTITUTION.”

Our Constitution has many outstanding features though it has been prepared after ransacking all the
known constitutions of the world

FEDERAL SYSTEM (FEDERAL UNION):

Article 1 (1) of our Constitution stays, “India that is Bharat shall be a Union of States.” Thus, Indian
Constitution is basically Federal, with unitary features.

BASIC FEATURES OF INDIAN CONSTITUTION

1. Dual government

The political structure prescribed by the Constitution is a federal union. The name of the union is
Bharat and the members of this Union are different States While in Unitary State, there is only one
Government namely the National Government, in a Federal State there are two Governments the
National or Federal Government and the Government of each component State. It needs to be
highlighted that by the Government of India Act, the British Parliament set up a federal system.

2. Distribution of Powers:

It involves division of authority between the Federal Government and the States. Parliament has
exclusive powers to make laws on matters included in List I (Union List). Legislature of any State has
exclusive powers to make laws on matters included in List II (State List. Both Parliament and State
Legislatures have powers to make laws on matters included in List III (Concurrent List).
 3. Supremacy of the Constitution:

A Federal State derives its existence from the Constitution. Every power-executive, legislation or
judicial whether it belongs to the federation or to the component States, is subordinate to and
controlled by the Constitution. During British regime, all powers were resumed by the crown and
redistributed between the Federation and the Provinces.

4. Authority of the Courts

In a Federal State, the legal supremacy of the Constitution is essential to the existence of the federal
system. This is secured by vesting in the Courts a final power to interpret the Constitution and nullify
any action on the part of the Federal and State Governments or their different organs which violates
the provisions of the Constitution Now all powers are drawn from the Constitution and redistributed
to the centre and the States.

Fundamental Rights are included in Part III. The distinction between the Fundamental Rights and those
contained in other parts is that both are equally justiciable but the constitutional remedy under Art.
32 is available only in case of Fundamental Rights. In Keshav Chandra v. State of Kerela, the majority
opinion that the basic features are not amendable at al. though curiously, Fundamental Rights are not
including in the list of basic features.

Important aspects of Indian Constitution are:

(1) Fundamental Rights, (2) Fundamental Duties of the citizens, and (3) Directive Principles of
State Policy.

FUNDAMENTAL RIGHTS

The Constitution of India has embedded a number of Fundamental Rights in Part II of the Constitution,
which are to act as limitations not only upon the powers of the Executive but also upon the powers of
the Legislature. The Fundamental Rights in Indian Constitution acts as a guarantee that all Indian
citizens can and will live their lives in peace as long as they live in Indian democracy.

Fundamental Rights included in the Part III of the Constitution and those rights contained in other
parts both are equally justiciable. But the constitutional remedy by way of a petition direct to the
Supreme Court under Art. 32 is available only in the case of Fundamental Rights. Under some
constitutions, fundamental rights are immune from constitutional amendment Acts. But this principle
has been rejected by the Indian Constitution because all parts of the Constitution can be amended by
an Amendment Act.

In Golaknath case, it was said that the Parliament cannot amend so as to take away the fundamental
rights enshrined in Part III, whereas in Keshavachandra case, it was held that it cannot amend so as
to affect the basic structure.

The Constitution dassifies the Fundamental Rights under seven groups as below. On these, the Right
to Property has been eliminated by the 44th Amendment Act, so only six freedoms now remain: –

I. Right to Equality.
II. Right to Particular Freedom.
III. Right against Exploitation.
IV. Right to Freedom of Religion.
V. Cultural and Educational Rights of Minorities.
VI. Right to Property. (Omitted).
VII. Right to Constitutional Remedies.

SOME FUNDAMENTAL RIGHTS BELONG TO CITIZENS

The population of a State is divided into two classes : citizens and aliens. While citizens enjoy full civil
and political rights, aliens do not enjoy all of them. Some of the fundamental rights belong to the
citizens alone, such as Arts. 15, 16 and 19. Only citizens are eligible for certain offices e.g., President,
Vice President, Judge of the Supreme Court or of a High Court, Attorney General, Governor of a State,
Advocate General; the rights for election to the house of the people and Legislative Assembly of every
State, right to become a Member of Parliament and of the Legislature of a State.

PARLIAMENT'S POWER TO MODIFY OR RESTRICT FUNDAMENTAL RIGHTS

• To the members of the Armed Forces or Police Forces so as to ensure proper discharge of their
duties.
• When martial law has been in force in any area.
• While a proclamation of emergency.

FUNDAMENTAL RIGHTS ARE NOW AMENDABLE

As the word fundamental suggests under some constitutions, Fundamental rights are immune from
the constitutional amendments. In other words, they are conferred a special sanctity as compared
with other provisions of the Constitution. But the principle has been rejected by the Indian
Constitution as it stands interpreted by the amendments of the Constitution themselves and judicial
decisions.

Obviously, no part of the Constitution of India can be changed by ordinary legislation unless so
authorized by the Constitution itself (e.g., Art. 4) but all parts of the Constitution can be amended by
an Amendment Act passed under Art. 368, including the fundamental rights. This position has been
established after a history of its own.

(1) Accordingly to the earlier view, the Courts could act as guardian of fundamental rights only so long
as they were not amended by the Parliament by the required majority votes.

(2) In Golak Nath Vs. State of Punjab, the Supreme Court in 1957 held that the fundamental rights
embodied in Part III, had been given a "transcendental position" by the Constitution, so that no
authority functioning under the Constitution, including Parliament exercising the amendment power
under Art: 368 was competent to amend the fundamental rights.

(3) But by the 24th Amendment Act, 1971. Arts. 13 and 368 were amended to make it clear that
fundamental rights were amendable under procedure laid down in Art. 368, thus, overriding the
majority decision of the Supreme Court in Golak Nath v. State of Punjab.
(4) Eventually, by inserting clauses (4) and (5) in Art. 368, the 42nd Amendment Act, 1976 it was made
clear that no amendment of the Constitution (including fundamental rights) shall be called in question
in any Court on any ground.

FUNDAMENTAL RIGHTS AND AMERICAN BILL OF RIGHTS

Fundamental Rights under Indian Constitution is distinguished from American Bill of Rights as below:

Our Constitution follows the American model rather than the English. But the powers of the Judiciary
vis-a-vis the Legislature are weaker in India than in the United States in two respects:

• The declarations in the American Bill of Rights are absolute as the power of the State to impose
restriction upon the fundamental rights of the individuals in the collective interest had to be
evolved by the Judiciary.
• In India, this power has been expressly conferred upon the Legislature by Constitution itself
in the case of fundamental rights, leaving a power of judicial review in the hands of Judiciary
to determine the reasonableness of the restrictions imposed by the Legislature.

CURTAILMENT OF FUNDAMENTAL RIGHTS

The Constitution of India safeguards individual liberty without any discrimination. Citizens have
Fundamental Rights which are included in Part III of the Constitution. In case the fundamental rights
are adversely affected, it is possible to seek remedy direct from the Supreme Court under Article 32.
However, the fundamental rights have been gradually curtailed by the Parliament as below:

(1) Fundamental Rights are curtailed and powers given to the Directive Principles of the State Policy
by adding Article 31-C by the Constitutional 42nd Amendment Act, 1976. The added Article highlights
that any law to implement any of the Directive Principles of the State Policy cannot be questioned
under Articles 14 and 19. It needs to be highlighted that in normal circumstances Directive Principles
of the State Policy are not enforceable in a Court of law, but the powers are given through back door
entry. The Urban Land (Ceiling and Regulation) Act, 1976 was enacted for equitable distributions of
wealth (here urban land) to sub-serve the urban poor to accentuate the socialistic bias. Article 31-C
paved the way to implement ULCAR.

(2) Fundamental rights are checkmated by Fundamental Duties, The Court may refuse to safeguard
the Fundamental Rights in case the Fundamental Duties are ignored. Thus, the Fundamental Rights
are to be read with the Fundamental Duties. This has been done by incorporating Art. 51-A by the
Constitutional 42nd Amendment Act, 1976. It needs to be highlighted that in normal circumstances,
Fundamental Duties are not enforceable in a Court of law.

(3) The Rights to Property has been taken out from Part III of the Constitution by the Constitution 44th
Amendment Act, 1978. The Parliament has added a new Article 300-A making it a Constitutional Right.
The seven fundamental rights are now reduced to six. The Constitutional Rights are included in Part
IV-A of the Constitution for which the remedy is available under Art. 226 with High Court.
THE PRESENT STATUS OF RIGHT TO PROPERTY

The Right to Property was a Fundamental Rights until 1978. At present, it is now a Constitutional Right.
The Right to Property has been gradually curtailed. The original Article and Articles relating to Right of
Property are as under:-

Article 31:

No person shall be deprived of his property save by the authority of law.

Article 19 (1) (f):

It guaranteed to every citizen to acquire any property by any lawful means such as inheritance,
personal earning or otherwise to hold it as his own and dispose it freely limited only by reasonable
restrictions.

Amendments made:

1. Article 31 (2) added by 4th CAA, 1955:

No property shall be compulsory acquired or requisitioned save for a public purpose and save by
authority of law which provides for compensation which may be determined in accordance with such
principles and given in such manner, and no such law shall be called in question in any Court on the
ground that compensation so fixed is not adequate or whole or any part is given otherwise than cash.

Possible reason: In Bela Banerjee Vs. State of West Bengal, the Supreme Court in 1954 held that
compensation means just equivalent

2. Article 31 (2) amended by 25th CAA, 1971 :

The word 'compensation' was replaced with the word 'amount'.

Possible Reason: In P. Vajravelu Mudaliar and others Vs. Spl. DC., Madras, the Supreme Court in 1956
interfered because the word compensation was there.

3. Article 31-C added by 42nd CAA, 1976:

Any law which seeks to implement any of the Directive Principles (Art. 39 (b) and 39 (c) the plan of the
socialist distribution of wealth] cannot be questioned under Arts. 14 and 19.

Possible Reason: In Keshav Chandra Vs. State of Kerala, the Supreme Court in 1973 held that amount
cannot be illusory or arbitrary.

4. Article 31 and Article 19 (1) omitted by 44th CAA, 1978:

The right to property was taken out from the list of Fundamental Rights.
 5. The new Article 300-A:

"No person shall be deprived of his property save by authority of law.” New Article 300-A added
in Part IV, which reads as original Article 31. With the result, no speedy remedy is now available
under Art. 32 with Supreme Court but remedy is now available under Art 226 with High Court

FUNDAMENTAL DUTIES OF CITIZENS

The fundamental duties of citizens incorporated in Art. 51-A were added to the Constitution by the
42nd Amendment in 1976. Fundamental duties of citizens serve a useful purpose. In particular, no
democratic policy can ever succeed where the citizens are not willing to be active participants in the
process of governance by assuming responsibilities and discharging citizenship duties and coming
forward to give their best to the country. Fundamental duties of citizens are as under:

(a) to abide by the Constitution and respect its ideals and institution, the National Flag and the
National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote and the spirit of common brotherhood amongst all the people of India
transcending religious and regional or sectional diversities; to renounce practices derogatory
to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife,
and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective action so that the nation
constantly rises to higher levels of endeavor and achievement.

There is no provision in the Constitution for direct enforcement of any of these duties nor for any
sanction to prevent their violation. Though these duties are not themselves enforceable in the Courts
nor their violation as such, punishable, never the less in a Court, before which a fundamental right is
sought to be enforced, had to read all the parts of the Constitution, it may refuse to enforce a
fundamental right. By the aforesaid amendment, fundamental rights are checkmated by fundamental
duties. Some of the fundamental duties enshrined in Article 51-A have been incorporated in separate
laws. For instance, the first duty includes respect for the National Flag and the National Anthem.
Disrespect is punishable by law.

DIRECTIVE PRINCIPLES OF STATE POLICY

The Directive Principles of State Policy are guidelines to the Central and State Governments of India,
to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the
Constitution of India, are not enforceable by any Court, but the principles laid down therein are
considered fundamental in the governance of the country, making it the duty of the State to apply
these principles in making laws to establish a just society in the country
It shall be the duty of the State to follow the Directive Principles of the State Policy (Part IV of the
Constitution) which are classified under several groups, both in the matter of administration as well
as in the making laws. They embody the object of the State under the republican Constitution that is
to be a "Welfare State" and not a mere "Police State". Most of these directives aim at the
establishment of the economic and social democracy which is pledged for in the Preamble.

The major groups of Directive Principles of State Policy are as under:

(1) Directives in the Nature of Ideals of the State.

(2) Directives shaping the Policy of the States.

(3) Non-Justiciable Rights of Citizens.

Article 39 (b) and (c) forms part of the first major group stating that, "the State shall direct its policy
towards securing equitable distribution of the material resources of the community and prevention
of concentration of wealth and means of production". Article 48-A forms part of the second major
group, added by the 42nd Constitutional Amendment Act 1976 stating that, "to protect and improve
the environment and to safeguard forests and wildlife".

Though the directives in Part IV of the Constitution were not enforceable in any manner and had to
give way before the fundamental rights, under the original Constitution, the situation was reversed,
through the backdoor, by the 42nd Amendment Act, 1976 by amending Art. 31-C stating that "Any
law which seeks to implement any of the Directive Principles [Art. 39 (b) and 39 (c) the plan of the
socialist distribution of wealth cannot be questioned under Arts. 14 and 19 Thus, by 42nd Amendment
Act, the Preamble was amended and certain other changes have been introduced in Part IV adding
new Directive to accentuate the socialistic bias.

While the fundamental rights are enforceable by the Courts [Arts. 32, 226 (1)] and the Courts are
bound to declare as void any law that is inconsistent with any of the fundamental rights, the Directives
are not so enforceable by the Courts and Courts cannot declare as void any law which is otherwise
valid. But by the aforesaid amendment, fundamental rights have to give way before the Directive
Principles of State Policy.

Similarly, the 42nd Amendment Act also introduced "fundamental duties" to circumscribe the
fundamental rights, even though the fundamental duties, as such cannot be judicially enforceable.

SUMMARY AND CONCLUSION

- There are three methods of governance, e.g., Presidential System, Parliamentary System and by
Monarch

- India got independence on 15th August, 1947. There were 565 princely States who had accepted the
British sovereignty by an agreement executed by the rulers (kings).

- When India got freedom, these States were given three options, e.g., (1) Merge with India; (2) Merge
with Pakistan; or (3) Be an independent country. Sardar Vallabh Bhai Patel played a key role in uniting
the country.
- India has followed Parliamentary system in our Constitution, which has been adopted on 26th
January, 1950. India has followed the British Parliamentary System. British Parliament has never been
adjourned so far while Indian Parliament has been adjourned often during Parliamentary session.
American has presidential system. U.S.A. stands for United States of America whereas India is a Union
of States (Federal Union). Presently, there are 29 States and 7 Union Territories. 29th State is born
after 66 years of independence.

- The Constitution of India is written and is the longest whereas the British Constitution is unwritten

- The basic features of our Constitution are: Dual Government, Distribution of Powers, Supremacy of
the Constitution and Authority of the Courts

- Fundamental Rights have been adopted in Indian Constitution to safeguard individual liberty and
also for ensuring social, economic and political justice for every member of the community.
Fundamental Rights are enforceable directly by the Supreme Court. Directive Principles of State Policy
are broad policy guidelines seen as fundamental to governance but have no legal force. Similarly,
fundamental duties are broad policy guidelines which should be followed by citizens but have no legal
force subject to the enforcing the same by means of valid law.

- Fundamental Rights have been gradually curtailed by various constitutional amendments.

- Power given to DPSP by backdoor entry as DPSP could be implemented at the cost of FRs (Article 31-
C added by 42nd CAA, 1976).

- FRs are checkmated by FDs by incorporating Article 51-A by 42nd CAA, 1976. The Courts may refuse
to safeguard FRs if FDs are ignored.

- Article 19 (1) (f) and Article 31 omitted by 44th CAA, 1978. New Article 300-A has been added by
44th CAA, 1976. Right to property is now included in Part IV-A as Constitutional Right. Therefore,
seven FRs have been reduced to six

Town planners and Architects should possess a basic knowledge of the Constitution of India while
framing laws and policies. The knowledge is indeed necessary in order to justify the provisions of
infrastructure, public amenities and facilities and, or for social housing in State Town and Country
Planning Act and or development control regulations, municipal laws and or building bye-laws. Issue
of executive instructions or guidelines by the Central or State Governments are not tenable in a Court
of law even for public welfare.
 CHAPTER 8
EVOLUTION OF REGIONAL PLANNING LEGISLATION IN INDIA

Background

The regional approach to planning aims at a rational distribution of population, optimum utilization of
resources and proper integration of development of different parts of the country.

Regional plans for physically, socially and economic viable units should be prepared. The Regional
Planning embraces both economic and physical conditions, social and economic status of population
and levels of economic development in different parts of the country. The regions rich in natural
resources are found backward. So, the level of urbanisation is also different in different States. Even
within a State, extent of urbanization varies in different districts.

Non-statutory Regional Plans

Some regional studies were conducted in the initial years namely, the Damodar Valley and
Dandakaranyan Development Projects and ad hoc organisations were also setup for them. The TCPO
has from time to time undertake several regional studies and prepared regional plans. The noteworthy
examples are South East Resource Region, Chambal Valley Region. Town & Country Planning
development of some States have also prepared regional plans such as Siliguri Region, Rajasthan Canal
Region etc. But all the aforesaid regional plans had no legislative backing and could be called advisory
in nature.

National Five-Year Plans

The concept of regional planning has emerged after independence. National Five-Year Plans had
repeatedly stressed the need for preparing development plans for cities and regions. Having observed
regional imbalances, National Five-Years have also emphasized the need for removing regional
imbalances. Since the regional plans prepared by the Town & Country Planning were non – statutory,
Five Year Plans stressed the need for providing legislative basis to Regional Planning and Development.

The Planning Commission was aware of the importance of Regional approach to economic planning.
The first five-year plan mentioned that it is often desirable to prepare regional development
programmes in terms of regions determined by physical, social, economic and administrative
considerations. District Plans are always essential, but they may gain value if they are part of well-
considered regional plans.

In the approach to fifth five-year plan, there was an emphasis on removal of regional disparities and
assigning of priorities to development of backward areas. The fifth five-year plan has also emphasised
the need for taking off from the sectoral- level of planning to the planning at the grassroot.

Why Regional Approach to Planning?

The regional approach to planning aims at rational distribution of population, optimum utilization of
resources and proper integration of development.

• It discourages the concentration of economic activities at few centres and encourages

balances urbanisation.
• Removes regional imbalance.
 Example:- Let us take the case of Mandideep, Raisen District where to provide benefit to the
backward district tax concessions are given for location of industries but this decision was failed
since it was an adhoc decision taken without considering regional planning, and it benefited the
developed district of Bhopal due to the proximity of Bhopal Capital City.

Evolution of Regional Planning

During the British regime, the planning in India was generally confined to municipal limits, not
even for the city as a whole but it was limited to areas taken up for Town Planning Scheme. The
Indian example is that of The Bombay Town Planning Act,1915. Town and Country Planning Act of
U.K. made provisions for preparing town planning schemes beyond the boundaries of one local
authority.

Similarly, in India, The Madras Town Planning Act, 1920 authorized constitution of Joint Town
Planning Committee for making a joint town planning scheme for any area falling within the
jurisdiction of two or more local authorities. These Acts laid down the foundation of mini regions
for planning of urban areas outside the municipal limits.

The Bombay Town Panning Act, 1915 was amended in 1954. The amendment Act of 1954 provided
for preparation of development plans by ULBs within their jurisdiction. While scrutinizing the
development plan for Greater Bombay, the government of Maharashtra realized that a plan which
was confined to municipal limits could not satisfactorily deal with metropolitan problems. The
State Government realized the need for preparing the development plan within a regional
framework. The Government, therefore, appointed a committee under the chairmanship of Dr.
D.R Godgil to make suitable recommendations. The Godgil Committee submitting its report in
1965 stressed the need for enactment of legislation which facilitated the preparation of regional
plans. Maharashtra Regional and Town Planning Act,1966 is the outcome of Godgil Committee’s
recommendations. The Act provides for declaration of regions and for constitution of Regional
Planning Boards and preparation of Regional Plans. It needs to be highlighted that Regional Plans
for Bombay, Nagpur, Pune Metropolitan Region have been prepared. The City and Industrial
Development Corporation (CIDCO) has built a new city as per the proposals contained in the
Bombay Regional Plan.

Model Town and Country Planning Law prepared by the Institute of Town Planners, India in 1957
and circulated by TCPO in 1960 to all the States has established a trend to make Town Planning
Legislation more comprehensive by incorporating the provisions for preparation of Regional
Plans. The Model Law was amended by The Town and Country Planning Organisation in 1973.
With the recommendation of the Model Law and that of the Maharashtra Act of 1966, most of
our States have incorporated a chapter on Regional Planning in State Town and Country planning
acts. Although the Model Law did not provide for a separate chapter on Regional Planning, it
claims to influence the Regional Planning as the Planning Area could be for a city or a region.

The notable examples of State Acts providing for Regional Planning are as under :-

• The Maharashtra Regional and Town Planning Act, 1966

• The Tamil Nadu Town and Country Planning Act ,1971

• The Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973

• The West Bengal Town and Country (Planning and development) Act, 1979

• The Himachal Pradesh Town and Country Planning Act, 1977

Constitutional Recognition

Statutory as well as non-statutory regional plans are generally prepared resource regions. The
legislative basis of Regional Planning specially requires delineation of regions. The State of Madhya
Pradesh was divided in 1973 in 10 planning regions. These regions are two large and so far, not a
single Regional Plan has been published. After the State re-organisation in the year 2000, the
Chhattisgarh State has also not given any importance to Regional Planning.

In the process of evolution of Regional Planning, the Constitution 74th Amendment Act, 1992
identified districts as administrative regions which requires no exercise for delineation of region.
It needs to be highlighted that each district has different levels of development, availability of
infrastructure, local skills, local material and thereby varying needs and distinct problems.

According to the article 243-ZD there shall be constituted in every State at the district level, a
District Planning Committee to consolidate the plans prepared by the Panchayats and
Municipalities in the district to prepare Draft Development Plan for the district as a whole. This
would help promoting planning upward from the grass root level and also rationalize the use of
resources for a district as a whole. District Planning would be the first bottom up process of
articulation of resource planning at a sub-regional level which would get aggregated at Regional
and State Plans.

Further, according to the article 243-ZE, there shall be constituted a Metropolitan Planning
Committee to prepare on Draft Development Plan for the metropolitan area as a whole. Hence,
the Constitution of India has also recognized the need for the regional planning for all
metropolitan centres. This entails the need for planning of metropolitan city regions

Studies with Regional Focus

The National Committee on Urbanization (NCU) formulated the urbanisation policy for the
country. The report submitted by the NCU in 1988 had a regional focus as below: -

NCU identified Spatial Priority Urbanisation Regions in India. Seven of them are located in Madhya
Pradesh.

• NCU identifies State Priority Cities as GEMS (Generating Economic Momentum) 15 of 103
identified cities in India are located in Madhya Pradesh.
• NCU identifies 30 National Priority Cities.

A study on “Perspective Plan of Urbanisation-2020” was conducted by the National Centre for
Human Settlements and Environment (NCHSE). The NCHSE identifies 23 urban zones and 92 urban
growth centres in Madhya Pradesh. It needs to be highlighted the Dr. M.N Buch was the Vice-
Chairman of NCU and is the Chairman for NCHSE Bhopal.

Integration between Regional Plans and Development Plans

An effective integration is essential between Regional Development Plans and Development Plans
for urban centres so as to justify the need for macro planning. The Maharashtra Act provides that
Development Plans for Local Planning Areas should be guided by the proposals contained in
Regional plans (draft or final). Deviation in a Development Plan can be made with the concurrence
of Regional Planning Board or the State Government. Similarity in the Bangalore Metropolitan
Region Development Authority Act, 1985, the integration has been envisaged through the Outline
Plan of the Region. However, there is no such inter-relationship in the Acts of Tamil Nadu and
Madhya Pradesh. In fact, no integration was envisaged in the Model Law which has resulted in
lack of integration in many State Acts.

Summary

The significance of Regional Planning has been released in recent years. Historically, the evolution
of Regional Planning in India started with constitution of Joint Town Planning Schemes. Some
Regional studies were conducted in the initial years but they were non-statutory and advisory.
The National Five-Year Plans stressed the need for statutory Regional Planning. Maharashtra is a
pioneer in statutory Regional Planning following the constitution of Godgil Committee by
incorporating its recommendation in the Maharashtra Regional and Town Planning Act, 1966. The
contribution of the Model Town and Country Planning Law is equally important as its circulation
resulted in enactment of Town and Country Planning Acts in various States making provision of
Regional Planning. The concept of Regional Planning has been further strengthened by the
Constitution 74th Amendment Act, 1992 making provision of DPC and MPC for preparation of
District Development Plans and Metropolitan Development Plans, State Governments should
incorporate these constitutional provisions in their Town and Country Planning Acts.
 Chapter 11
Regional Development Plan
CONCEPT OF REGIONAL PLAN

Physical planners have always advocated for regional approach to economic planning in national five
year plans. The regional approach to planning aims at rational distribution of population, optimum
utilization of resources and proper integration of the development of different parts of the country.
Regional plans for physically, socially and economically viable units should be prepared. From the
operational point of view, regional planning has to give general frame work and indicate the
development policy for next two to three decades.

Planning Commission was aware of the importance of regional approach to economic planning. The
first five-year plan mentioned that “it is often desirable to prepare regional development programme
in term of regions determined by physical, social, economic and administrative considerations. District
plans are always essential but they may gain value if they are part of well-considered regional plan."
In the approach to fifth five-year plan there was an emphasis on removal of regional disparities and
assigning of priorities to development of backward areas. The fifth five-year plan has also emphasized
the need for taking off from the sectoral thesis of planning to the planning at the grass root.

The Model Town and Country Planning Law prepared by CRUPO/ TCPO in 1960 provided for
preparation of Regional Development Plans. Most of the State Town and Country Planning Acts have
incorporated a chapter on Regional Planning.

Each district has different levels of development, availability of infrastructure, local skills local material
and thereby has varying needs and distinct problems. This justifies the need for district planning. More
than 42 per cent of urban population is located in 53 metropolitan cities as per 2011 census. Town
planners have always supported the need for preparation of development plans for metropolitan
regions. Constitution 74th Amendment 1992 has made provision for the constitution of DPC and MPC
for preparation of district development plans and metropolitan development plans.

OBJECTIVES OF REGIONAL PLAN

Regional Plan as defined in a Town and Country Planning Act means a plan for the development or
redevelopment of a region, which is approved by the State Government and has come into operation
under the Act. The objectives of Regional Development Plans are listed below:

• Removal of regional disparities.

• Rational distribution of population. Discourage concentration of economic activities at a few
centers.
• Optimum utilization of resources.
• Proper integration of development of different parts of the country
• Identification of backward areas and assigning of priority,
• Preservation and conservation of areas of natural scenery, forests, wildlife, natural resources,
water front areas, rivers and lakes etc.
ESTABLISHMENT OF REGION

State Government may, by notification in the official gazette, establish any area in the State by
defining its limits, to be a region and may name and alter the name of any such region

DELINEATION OF REGION

A region is an area defined or delineated by a set of attributes on which the region has been defined
such as resource region, city region, planning region and administrative region.

In delineation of a region (other than administrative unit District) the following aspects are generally
considered:

• Topography
• Type of soil and vegetation
• Climate
• Cropping pattern
• Mineral resources
• Social and ethnic groups
• Social customs and traditions
• Urbanization and settlement pattern Population, density and variation
• Communication linkages as reflected by flow of commodities
• Axis of regional growth
• Administrative boundaries etc.

TYPES OF REGIONAL PLAN

(A) Regional Plan may be –

(a) Advisory;

(b) Restrictive;

(c) Co-ordinative two or more States), and

(d) Statutory (development oriented)

Most of the Regional Plans prepared earlier by Government of India are advisory A Regional Plan
prepared under State Town and Country Planning Act is statutory

CONTENTS OF REGIONAL PLAN

Contents of Regional Plan as given in the Maharashtra Regional and Town Planning Act, 1966 are
reproduced as below:

a. Allocation of land for different uses, general distribution and general locations of land and the
extent of which the land may be used as residential, industrial, agricultural, or as forest, or for
mineral exploitation;
 b. Reservation of area for open spaces gardens, recreation zoological garden, nature reserves,
animal sanctuaries, dairies and health resorts;
c. Transport and communications, such as roads, highways, railways, waterways, canals and
airports, including their development;
d. Water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and
services including electricity and gas;
e. Reservation of sites for new towns, industrial estates and any other large scale development
or project which is required to be undertaken for proper development of the region or new
town;
f. Preservation, conservation and development of areas of natural scenery, forests, wildlife,
natural resources, and landscaping;
g. Preservation of objects, features, structures or places of historical, natural, architectural or
scientific interest and educational value;
h. Areas required for military and defense purpose;
i. Preservation of erosion, provision for afforestation or reforestation, improvement and
redevelopment of water front areas, rivers and lakes;
j. Proposals for irrigation, water supply and hydroelectric works, flood control and protection of
river pollution;
k. Providing for the relocation of population or industry from over populated and industrially
congested areas, and indicating the density or population or the concentration of industry to
be allowed in any areas.

PROCEDURE FOR PREPARATION AND APPROVAL

The procedure for preparation of Regional Plans is broadly similar to the procedure generally laid
down for Development Plans for urban centers. The concept of public participation has also been
covered for finalization of Regional Plan. The Tamil Nadu Town and Country Planning Act, 1971 has
covered declaration of regional planning areas and local planning areas in one section since the
procedure is identical, Maharashtra is a pioneer in statutory regional planning following the
constitution of Dr. D.R. Godgil Committee.

The procedure of preparation and approval of Regional Plan is laid down in every State Town and
Country Planning Act. First of all, a region is established and its limits are determined. It is followed by
constitution of Regional Planning Board or Regional Planning Authority. Regional Planning
Board/Authority carries out necessary surveys, prepares existing land use map of the region and such
other maps as are considered necessary and prepare a draft plan. The Board/Authority published a
notice in the official gazette and newspapers as may be prescribed. The notice shall indicate name of
the place where a copy of such plan shall be available for inspection by the public and for sale at a
reasonable price. The Board/Authority shall refer the objections and suggestions and representations
received within a prescribed time to Regional Planning Committee for consideration. The Regional
Planning Committee after giving reasonable opportunity shall make a report and submit to Regional
Planning Board. After considering the report of Regional Planning Committee and the suggestions,
objections and representations, the Board shall prepare the Regional Plan containing such
modifications as may be considered necessary. The Board shall submit it to the State Government for
approval along with the report of Regional Planning Committee with connected documents. The State
Government then accords its approval by publishing it in the official gazette and newspapers as may
be prescribed. On approval by the State Government, final regional plan comes into operation.
IMPACT OF REGIONAL PLAN ON DEVELOPMENT PLAN

A unique provision is made in the Maharashtra Regional and Town Planning Act, 1966. Section 18
highlights restrictions on change of use of land for development. No person shall after preparation of
draft regional plan institute or change the use of any land or carryout any development without the
previous permission of the Municipality within whose area the land is situate and elsewhere of the
Collector and that the permission shall not be granted otherwise than in conformity with the provision
of the draft or the final Regional Plan.

Section 21, on development plan, also indicates that a Planning Authority shall prepare a Draft
Development Plan for the area within its jurisdiction in accordance with the provision of a regional
plan where there is such plan.

CONCLUSION AND SUGGESTIONS

The changing scenario demands new approach to macro planning keeping in view the 74th
Constitutional Amendment. Regional Plan should be prepared for metropolitan regions, district
regions or environmentally sensitive regions. Plan for metropolitan region have to deal with large
spectrum of sensitive issues such an industrial location, mass housing, traffic and transportation plans,
rail routes and airports, proposals for environmentally sensitive areas, slums, decentralization and
dispersal of population including proposals of new towns. The delineation of regions would require
re-think ng and the contents of regional plans would also need suitable modification. With the
enforcement of new land acquisition law (LARR), the elements of flexibility in formulation of regional
plans have to be incorporated in view of uncertainty and unpredictability of development potential of
spatial planning.

As part of liberalization, Special Economic Zone will have to be allowed without specifying location.
Special townships will have to be located where entrepreneur chooses the location. As mega and
metropolitan cities expand, the planning exercise has to increase its scope to city regions identifying
satellite towns and counter magnets. In order to achieve balanced development of the region,
dispersal of population and employment generation, overall settlement hierarchy and allocation of
economic activities as per the potential of the settlements will have to be considered as done in NCR
Plan 2021.