Town Planning Act: Mahrashtra


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Town Planning Act: Mahrashtra

  1. 1. Graduate Report -2012-2013 Urban Planning Techniques & Practice -2012-13 (CE-632) Provision of Town Planning Act Maharashtra Submitted By Malvika Jiashal (P12UP004) Faculty Adviser Dr. J. E. M. Macwan Post Graduate Section in Urban Planning Civil Engineering Department,
  2. 2. Graduate Report -2012-2013 Contents: 1. Introduction 2. Town Planning Act –India 2.2 History 2.2 Objective 2.3 Salient Features of Act 3. Urban Planning Process in Maharashtra 3.1. Bombay Town Planning Act – 1915 3.2. Maharashtra Regional and Town Planning Act, 1966 4. Overview on Act in Maharashtra 4.1. Role of State Urban and Regional Planning Board 4.2. Metropolitan planning 4.3. District planning 4.4. Planning and local authorities 4.5. Special area planning 4.6. Control of Development and use of land 4.7. Development Schemes 4.8. Land pooling Schemes 4.9. Financial, Accounts and Audit 5. Case Study: Effects of Amendments in TP Schemes (Pune Region) References
  3. 3. Graduate Report -2012-2013 1. Introduction: To manage the transformation of India’s cities and towns and effectively manage new growth requires effective urban planning protocols, processes, and institutions underpinned by effective legislation. Taking a viewpoint that distinctive responses are required to transform the cities and towns from their present stressed conditions and managing new growth in a manner that does not result in repeating the present problems in the cities and town. To effectively manage the new growth, it is essentially means that the irregular landholdings and plots will have to be given regular shapes they must be ordered each plot must be given access; infrastructure services such as water supply and drainage must be provided; land must be appropriated for providing roads, parks, social amenities, and low income housing, development controls must be prescribed to result in a good quality-built form and levy development or betterment charges to offset the cost of developing the physical and social infrastructure. Purpose of this report is to understand the planning objectives, to understand the legislative procedure for the successful implementation project, to understand the lacunas in the system, and responsibilities of central, state and local authorities for sustainable and planned growth. 2. Town Planning Act –India Due to the rapid industrial growth coupled with increasing level of urbanization during mid-century, the recognition of the need for viewing urban development as one whole integrated development in which each sector has a definite role to play and not in unrelated manner, was felt by the town planners. 2.1. History: Town Planning Law is not new in India. The history of town planning legislation in India dates back to early part of the 20th century when the erstwhile Bombay Presidency took the lead in enacting the first town planning legislation in the country viz. The Bombay Town Planning Act, 1915 which came into force on 6th March, 1915. This Act was then followed by other provinces later on .The Bombay act of 1915 mainly provided for; i. The preparation of town planning schemes (TPS) for areas in course of development within the jurisdiction of local authority, and ii. The recovery by planning authority of betterment contribution from the owners of benefitted lands. It was observed that T.P. schemes prepared under the 1915 act resulted in the piecemeal planning having no relation with the adjoining areas. Thus, to have a planned development of every square inch of the land within the municipal limits the need for another
  4. 4. Graduate Report -2012-2013 enactment was unavoidable which leads to the enactment of Bombay town planning act, 1954 replacing the 1915 act which came into force from 1st April 1957.the concept of development plan (DP) was introduced for the first time in 1954 act as the main planning instrument retaining the TPS for implementation of the DP. The Bombay act of 1954 was applicable to the erstwhile Bombay state, then comprising of Saurashtra & Kutch area, Gujarat area, Vidharbha & Marathwada area. Since geographical area of Bombay state was too large and because of the peculiarity of Saurashtra & Kutch region, it was felt that separate town planning act on the basis of Bombay town planning act, 1954 is necessary. Thus a separate town planning at for a whole of the state of Saurashtra was enacted viz. The Saurashtra Town Planning Act, 1955(Saurashtra Act No. XII of 1955). The MRTP Act, 1966 promotes and regulates developments in the urban area and well as areas having potential of being urbanized. It is a comprehensive planning act with development functions. This Act comes under one of the five basic trendsetter models of town and country planning in India and was adopted subsequently by other states like Gujarat, Himachal Pradesh, Tamil 2.2. Objectives The main objectives as mentioned in the preamble of the Maharashtra Regional and Town Planning Act, 1966 are as follows: a. To make provision for planning the development and use of land in “regions” established for that purpose and for the constitution of Regional Planning Boards; b. To make better provisions for the preparation of Development Plans with a view to ensuring that Town Planning Schemes are made in a proper manner and their execution is made effective; c. To provide for the creation of New Towns by means of Development Authorities; d. To make provisions for the compulsory acquisition of land required for public purposes in respect of the plans; e. And for purposes connected with the matters aforesaid 2.3.Salient Features of Act: i. Provisions for Regional Planning, Development plan, Town planning Schemes. ii. Implementation of schemes i.e. Land Acquisition, Transfer of Development Rights and Plot Reconstitution Techniques. iii. The Finance Aspect (Finance account and Audit) iv. Governance for Plan Enforcement (Planning Authority).
  5. 5. Graduate Report -2012-2013 3. Urban Planning Process in Maharashtra 3.1. Bombay Town Planning Act - 1915 The oldest method of bringing about planned development by reconstitution of large agricultural plots into serviced urban plots with minimum of compulsory acquisition is the Town Planning Schemes. The Bombay Town Planning Act, 1915 provided for the "Town Planning Schemes" (TPS). Though these provisions have continued in the MR&TP Act, 1966, in the recent past such schemes have not been promoted on any significant scale. The basic rationale of TPS is that with the reconstitution of plots and provision of roads and open spaces the land price considerably appreciates. The total value of the land therefore increases even if some land is lost for roads and open spaces. The land owners are therefore expected to join the scheme. A Town Planning Handbook produced by the PWD of the Government of Maharashtra published in 1876 was the main source book for preparing town planning schemes. It provided new models for layouts. Recommending Ebezner Howard’s Garden City concept it reproduced only the physical elements of the plan while ignoring the social and economic content. Consequently the concept as understood by Indian Planners translated into low density suburban dormitories. Instead of the self contained towns as envisaged by Howard, only the elements of zoning, ‘neighborhood units” and “green belts” were incorporated and absorbed in the local planning vocabulary. Under this act it was mandatory for every local authority to carry out a survey of the area within its jurisdiction and to prepare and publish a development plan. 3.2. Maharashtra Regional and Town Planning Act, 1966 The Planning Legislation operating in Maharashtra state is the Maharashtra regional and town planning act 1966. Starting with preparation of town planning schemes for small pockets of undeveloped areas under the Bombay town planning act 1915, the next step was preparation of Development plans for the entire town areas, as an obligatory duty of local authorities under the Bombay town planning act 1954, and then followed inclusion of regional planning for some selected areas around some big cities under the 1966 act. All details for making T.P. Scheme introduced first under the Bombay town planning act 1915 are simply repeated as part of the latest legislation that followed.
  6. 6. Graduate Report -2012-2013 The M.R. and T. P. Act includes details such as agency for planning, matters to be included in the various plan, procedure laid down from starting of work to the time plans are finalized, as well as controls over development. Major Divisions: the M.R. and T.P. Act is divided into four major categories of planning work at present undertaken in Maharashtra state. These four categories are:  Preparation of Regional Plan for selected areas.  Preparation for development plans for towns, as an obligatory duty by every planning Authority.  Preparation of town planning Schemes for selected urban areas.  Preparation of plans for New Towns, as proposed under Regional Plans in first.  Regional plans are to be prepared for Regional areas, as fixed by Government and as notified in the gazette. There is hardly technical guidance in fixing the limits of regions; So far some big cities in the state have been selected along with their surrounding areas as arbitrary boundaries, for preparing regional plan.  The obligatory duty for the preparation of development plans each local authority for the area lying within its jurisdiction was placed on each such authority big or small from Municipal Corporation to Smallest Village Panchayats under the Bombay town planning act 1954. These provision are repeated in the M.R. and T.P. Act 1966.  Originally Schemes could be prepared for only open areas under process of development. The work of formulation of T. P. Schemes for small portions of urban areas is being done ever since 1915 when the first town planning act became operative. There are three agencies for preparing town planning schemes:  Local Authority preparing a draft T.P. Scheme  Arbitrator appointed by the Government for preparing Final Town Planning Scheme.  Tribunal of Appeal to decide some valuation matters. There are different procedures laid down in the Act in all these three stages. According to the provisions of the MR&TP Act 1966, TPS can be prepared by the planning authority for the purpose of implementing the proposals of a final Development Plan. The cost of the TPS is to be financed by recouping 50% of the "betterment" which is defined as the difference between the value of Final Plot after TPS implementation and value of Original Plot before TPS implementation. Despite being conceptually attractive, TPS has proved to be procedurally very cumbersome
  7. 7. Graduate Report -2012-2013 The Maharashtra Regional and Town Planning Act, 1966 has been exclusively concerned with the orderly development and use of land and compulsory acquisition of land in conjunction with the Land Acquisition Act, 1894. The Act till the recent amendment was immune to other land policy objectives like resource mobilization for infrastructure investment or imposing conditions of development for more equitable development of land. Average time taken for completion of a TPS in Maharashtra has been 15 years. Under Section 125 of this Act it has been clarified that "any land required, reserved or designated in a Regional Plan, Development Plan or town planning scheme for a public purpose or purposes including plans for any area of comprehensive development or for any new town shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894". Under the Act, after the publication of a draft Regional Plan, a Development or any other plan or town planning scheme, acquisition of land can proceed under the provisions of the Land Acquisition Act 1894. On receipt of application from the Appropriate Planning Authority, the State Government has to make a declaration in the Official Gazette, in the manner provided under Section 6 of the LA Act, 1894. However, such declaration should not be made after the expiry of three years from the date of publication of the draft plan. Compensation is determined on the basis of the market value prevailing on the dates as described below;  Where the land is to be acquired for the purposes of a new town, the date of publication of the notification constituting or declaring the Development Authority for such town.  Where the land is acquired for the purposes of a Special Planning Authority, the date of the publication of the notification of the area as an undeveloped area; and  in any other case, the date of publication of interim or the draft plan or town planning scheme. If a declaration is not made within three years of publication the draft plan, then fresh declaration has to made and that date is to be used for determining the market value and compensation. Section 127, allows the owner to serve a purchase notice to the Appropriate Planning Authority, if land is not acquired within ten years from the date of the final Plan. If lands are not acquired within six months from the date of the service of such notice, the reservation, allotment or designation is deemed to have lapsed and the land is deemed to be released from such reservation, allotment or designation. The land then becomes available to the land owner for the purposes of development permissible in the case of the adjacent land under the relevant plan. Under Section 128, lands can be acquired for purpose other than the one for
  8. 8. Graduate Report -2012-2013 which it is designated in any plan under the provisions of the LA Act 1894 under certain conditions 4 Overview on Town Planning Act in Maharashtra 4.1 Role of State Urban and Regional Planning Board: State Urban and Regional Planning Board constitute and appoint for the purpose of carrying out the function assigned to it under this act. The board shall consist of a chairperson, a vice chairperson and not more than twenty three member to be appointed by government. The functions of board are as follows: a. Board should advice the government in matters related to policy formulation for planning. b. Development and implementation of state program. c. Use of rural and urban land in state. d. Guide direct and assist metropolitan and district planning committees on matters respective area. e. Take account for various region in the state foe achieving spatial-economic development and social justice 4.2 Metropolitan Planning Committee: According to the act, an area having a population of ten lakh or more comprised in one or more district and consisting of two or more municipalities or panchayat or other contiguous area as may be considered necessary to be metropolitan area. A Metropolitan committee should consist of thirty members including a chairperson and vice person. The functions of the committee are: a. Formulate development goals, objectives, policies, and priorities in matters related to the planning, development and use of urban and rural land in metropolitan area. b. Formulate perspective plan within two years from a date c. Phasing of metropolitan area development plan into five annual plans by sectoral programs, project and schemes indicating physical targets and fiscal requirement. d. Monitor the physical achievement of the investment made by various planning and development authorities on annual basis and submission of report thereon the board. e. Resolve conflicts arising out of overlapping functions of planning and development authorities and rural local bodies f. Advise the municipal bodies and panchayat on their up gradation of status and alteration of boundaries. g. Formulate policies and identify projects for integrated development of metropolitan area level development of metropolitan area level infrastructure and facilitate their implementation through public or private agencies.
  9. 9. Graduate Report -2012-2013 h. Serve as a nodal agency for disbursement of such funds as the government may determine, to panchayat and the planning and development authorities. 4.3 District planning Committee: Ever district in state, excluding the area declared as a Metropolitan area under section 11A, shall be the District planning Area and each area a constitute a committee named District planning committee for the purpose of the function assigned to it. Function of District planning committee somewhat similar to metropolitan committee, but at district level only. The duty of district planning committee member is to assist district planning committee in the preparation of perspective plan, development plan, and annual plan of the district and in all matters assigned to the committee and perform all other such functions as may be incidental, supplemental or consequential thereto or as may be delegate to him by planning committee. 4.4 Planning and local authorities As per the act, the area under the jurisdiction of a municipal corporation, a municipal corporation, a municipal council or a Nagar panchayat shall be the Local Planning Area for the purpose of this act and establish a Planning and Development Authority for the local planning area under their jurisdiction. . The government may amalgamate two or more local planning areas into one local planning area and include such divided area in any other local planning area. Function of authority a. Prepare for the local planning area or part of thereof : a perspective plan, a development plan, an annual plan. Plans of projects or schemes. b. Implement the provisions contained in the plans prepared by formulating and executing development schemes, land pooling schemes and projects. c. Promote, regulate and control developmental activities in the local planning area in accordance with the provision of this act. d. Acquire, hold, manage, and dispose of land and other properties. e. Set up special function agencies and guide, direct and assist them on matters pertaining to their respective functions. f. Perform other function as per directed by the government from time to time. 4.5. Special Area Planning Any existing area identified for establishment of a new town or industrial township, or identified as ecologically sensitive area like coastal belt or economic resource area like mining area, or under development area like tribal area, large urban renewal or redevelopment areas whether urban or rural both is designated as a special area in any perspective plan or any other metropolitan/ district/local area development plan, such area should be developed and declared as a special area. These area is cease to be the planning and
  10. 10. Graduate Report -2012-2013 development authority for the special area declared under this act and also exercise the power and to perform the functions and duties which the Special Area Development Authority constituted Functions: a. Prepare a development plan for the special area within framework of approved perspective plan of the metropolitan/district/local planning area development plan. b. Implement the development plan prepared after its approval by way of formulating and executing land pooling schemes and development schemes. c. Carry out construction activity and to provide utilities and amenities such as water, electricity, drainage, etc.. d. Provide and manage municipal services as specified in the Municipal act, if so required by the government. 4.6 Control of Development and use of land: a. Use and development of land After coming into operation of any development plan or development scheme in an area, no person shall use or permit any other person to use any land or carry out any development in that area b. Prohibition of development: According to the provision of this act no development or change of use of any land shall be undertaken or carried out in that area without obtaining permission in writing or a certificate from the planning and development authority certifying that the development charges as leviable. Under this Act has been paid or that no such developmental charge are leviable. c. Permission of development Any person or body intending to carry out any development on any land shall make an application in writing to the planning and development authority for permission. Authorities may grant permission or pass order either with some certain condition or without imposing any condition or they can refuse permission. d. Lapse of Permission: Every permission for any development, granted under this Act shall remain in force for three years only from the date of such permission. Planning and Development authority may, on application made in this behalf before the expiry of the aforesaid period, extended such period, but such extended period shall in no case exceed one year.
  11. 11. Graduate Report -2012-2013 4.7 Development Schemes According to this act planning and development authority may undertake development in any area under its jurisdiction by framing and executing developments schemes by framing and executing development schemes. Metropolitan committee or district planning committee may also get development schemes executed within the area under their respective jurisdiction. Key points: A development schemes may be prepared for making provision for following matters: 1. Acquisition of land by purchase, lease 2. Establishment of new town 3. Establishment of commercial centers, including specialized market,, mandies, etc. 4. Establishment of tourist center and tourism related infrastructure. 5. Development of landscaping of open spaces, gardens, etc. 6. Conservation of ecologically sensitive area 7. Preservation and protection on heritage sites and buildings, or object of heritage importance or natural beauty. 8. Prevention and control of pollution, flood, etc. 9. Construction and maintenance of rest houses night shelter, infirmaries etc. 10. Resettlement, rehabilitation and up gradation of slum area. 11. Provision of health care, educational, cultural, religious and recreational facilities. 12. Provision of water supply, electricity and gas,, disposal of sewage, solid waste and refuse and manufacture of its bye-product. 13. Construction, alteration and maintenance of public roads and street bridges, parking lots, transport terminals, railway station, bus depot etc. 14. Provision of public transport including mass transportation by rail or road. 15. Provision of communication facilities 16. Provision of burial and cremation grounds. Every development scheme must consist detail of land assembly over which the development scheme is to be implemented and layout plan with necessary drawing, total estimated cost, and sources of funding, management and maintenance mechanism. After drafting the development scheme it is published in local newspaper to get the response of the local people, and modification is done in the draft development scheme removing the cause of objection or including the suggestion made by people. In the last stage the modified development scheme is send to the state government for approval.
  12. 12. Graduate Report -2012-2013 4.8.Land Pooling Scheme: The planning and development authority should prepare one or more land pooling scheme for any part of area within its jurisdiction for the purpose of implementing the proposals contained in the development plan. In a land pooling scheme, reconstituting the plots , the size and shape of every reconstituted plot to render it suitable for building purpose , and where a plot is already built upon to ensure that the building, as far as possible, comply with the provision of land pooling scheme as regard open spaces. Land pooling scheme may contain proposal: a. To form a plot by reconstitution of an original plot by alteration of the boundaries of the original plot. b. To form a reconstituted final plot from an original plot by the transfer wholly or partly of the adjoining land. c. To allot a reconstituted final plot to any owner dispossessed of land in furtherance of the objective of land pooling scheme. 4.9.Financial, Accounts And Audit Every planning and development authority shall have and maintain a separate fund called” Planning and Development Fund” which is consist of data sum of money received from the government or any other state, national or international agency by way of grants, advances or otherwise for the performance of functions under this Act and for any other function under this act for any other function which the government may assign. and all development charges or other charges or fees received under this act. It should also consist of records of earned money from different projects and user charge received or any other sum of money received by the planning and development authority from any other sources for performing its functions. 5. Case Study: 5.1 Effects of Amendments in TP Schemes (Pune region) Unplanned growth has given rise to large-sale illegal construction in the urban regions such as Pune, Mumbai, etc. The state cabinet's decision to amend the act for speedy implementation of town planning schemes will definitely benefit such regions. Provisions in the present act permit town planning or area development schemes only in regions where the development plan is in force. The changes in the act will allow proper planning even in areas not covered by the development plan. This will pave the way for planned development in the fringe areas.
  13. 13. Graduate Report -2012-2013 Town-planning schemes, where land is pooled for amenities and facilities, benefit the community which gets an equitable share of the land. The schemes, the best way to execute the DP of a city, are for a small area; can be incorporated into the development plan. The important amendments include the mandatory three and a half-year timeframe for preparing the TP scheme and inclusion of fringe areas of urban centres. There is blatant violation of the 0.4 Floor Space Index (FSI) in the fringe villages leading to illegal construction, leading to haphazard growth. Pune Region: In 1997, 36 villages were included in the Pune Municipal Corporation (PMC) limits. As a result, the PMC limits increased from 146 sq km to 450.69 However, in 2001, after a few villages were delinked, the PMC area was reduced to 243.96 During the 180-year span from 1817 to 1997, urban areas in and around the city (including areas under adjoining municipal bodies) have grown from five sq km to 700 sq km The city has especially expanded in post-Independence era. According to the Pune Municipal Corporation estimated statistics between 1901 and 2001, the city's urban population has grown from 1.64 lakh to about 32 lakh. The 1987 DP of Pune city has not been implemented fully till date. Only 35 to 40 % for the old Pune city limits has been executed. The dismal implementation has badly affected the city's development. When the execution is low, it results in unplanned development and puts pressure on the existing infrastructure. Once the act is amended, the civic body can implement the pending DP for the old city under the TP scheme rules. Geographical and demographical changes had raised technical hitches in the implementation of the 1987 DP plans under the TP scheme; however, the 1987 DP is good for the city as it protects the hills and environment. Growth in the fringe areas would reduce the burden on the city and shorter plans will mean restricting wayward growth in Pune region. Pune will grow and nearby villages will have to be merged in the civic limits. Once the Pune Metropolitan Region Development Authority is in place, integrated planning of the entire region will be possible. TP schemes will check illegal constructions in the fringe areas and strict implementation of the Development Control (DC) rules in a 10-km radius of Pune and Pimpri Chinchwad municipal corporations can control the chaos. TP schemes could thus be implemented in the old city areas as well. The process for the existing town-planning schemes is complex and time consuming. In the new model the local body will appoint an arbitrator to hear suggestions and objections and the TP scheme will start immediately. The mandatory timeframe is the most important factor in this model. Pune had implemented TP schemes in Shivajinagar, Parvati and Sangamwadi. But these schemes took many years for completion; the amendments would benefit the 23 merged villages in the Pune. The DP for these villages is pending with state government. Now, the civic body will not have to wait for the approval of the DP and can go ahead with the TP schemes. TP schemes are proposed in over 1,400 acres in the fringe villages. Also, TP schemes will address the infrastructure gap.
  14. 14. Graduate Report -2012-2013 TP schemes could be implemented in the old city areas, but with limitations. TP schemes are exclusively for developing areas and Pune's surroundings have a huge potential for development. Push for nodes, satellite towns: The amendment could revitalise the state government's initiatives to develop satellite nodes and townships with good connectivity to reduce the population burden on Pune. A proposal to lay suburban rail lines to Daund, Mulshi and Lonavla has been submitted to the central government and the issue of more concessions to. townships along the proposed ring road is being pursued. Nodes are centres of activity, such as commercial centres, retail centres, education facilities and others. A satellite town or a satellite city is a urban planning concept. These are smaller local bodies adjacent to a major city which is the core of a metropolitan area. They differ from suburbs and sub-divisions. 1. The urban development department has formulated the proposal to enable 'land pooling' from various owners in a layout and carry out 'composite development' 2. Certain provisions in the proposal were borrowed from Gujarat, where such a model has been successful. 3. The amendments will be introduced in the Maharashtra Regional Town Planning Act, 1966. 4. The move will enable sustainable and planned development in fringe areas, where urbanisation is on the rise. 5. Existing MRTP provisions permitted town planning or area development schemes to be undertaken only in regions where the development plan is in force, new provisions will allow such planning even in areas not covered by the DP. 6. The new law will also limit the timeframe for implementing a TP scheme in a layout within 3.5 years of "declaration of intention" to develop the plot. The existing TP norms stipulated no such time limits, with the result that only 45 schemes have so far been implemented since 1915 including four schemes in Pune city. 7. New norms have been introduced to increase participation of land owners in such schemes.
  15. 15. Graduate Report -2012-2013 References: 1. Government of India Ministry of home affairs national disaster management division (Sept 2004), “Town and Country Planning Act-1960. 2. Shirley Ballaney (2008), “The Town Planning Mechanism in Gujarat, India”, World Bank institute. Washington, D.C. 3. Department of Town Planning of Maharashtra, “Maharashtra Town and Regional Planning act, 1966” , Maharashtra.. 4. Department of town planning of Gujarat, “Gujarat Town Planning and Urban Development Act, 1976”, last embedded in 2000. 5. Maharashtra Regional and Town Planning Act, 1966, Urban Development Plans Formulation and Implementation Guide, Ministry of Urban Affairs & Employment , Government of India August1996. 6. The Gujarat Town Planning Act and Urban Development Act 1976, Urban Development Plans Formulation and Implementation Guide august 1996