2. Course
Objectives
31-07-2022 INTRODUCTION TO THE SUBJECT 2
To make the students aware of the concept
legislation as the back-bone of any planned
development.
To create awareness about the critical laws
used in India and their salient features.
To make the students aware of the
governance mechanisms involved in
development planning, administration and
management.
3. Expected
Outcome
31-07-2022 INTRODUCTION TO THE SUBJECT 3
Towards the end of the semester, the
student must have acquired knowledge
about the process of planning and
governance in India and the critical laws
that influence them.
5. Planning
• Distribution of land between competing uses.
• The art and science of ordering the use of land and siting of buildings and
communication routes so as to secure the maximum practicable degree of
economy, convenience and beauty.
• Allocation of resources, particularly land, in such a manner as to obtain
maximum efficiency.
• Art of anticipating change, and arbitrating between the economic, social,
political and physical forces that determine the location, form and effect of
urban development.
• Application of scientific method to policy making
INTRODUCTION TO THE SUBJECT 31-07-2022 5
7. Development
Concept of development is different for different countries.
How do we determine which country is more developed and which one is less developed?
Goals of development and means of development differ from country to country.
UN emphasizes ‘human development’, measured by life expectancy, adult literacy, access to all
three levels of education as well as the average income of the people which is a necessary
condition of their freedom of choice.
In other words, the notion of human development incorporates all aspects of individual’s
well-being from their health status to their economic and political freedom.
According to the Human Development Report, published by the United Nations Development
Program, “human development is the end—economic growth a means”
Source: http://www.hdr.undp.org/
INTRODUCTION TO THE SUBJECT 31-07-2022 7
8. Development Management
Three similar terms – Development Administration, Development
Organization and Development Management.
Development Administration – associated with Govt. working. Follows
rules and regulations. Results in time consuming delays and red tapes.
Development Organisation – emphasizes human relationships, Refers to
both formal and informal institutions.
• Mobilisation of a given set of resources for the achievement of a given
set of goals and objectives.
• Clarity of the action’s efficiency and productivity is the focus.
Development Management – Organisation+Administration
INTRODUCTION TO THE SUBJECT 31-07-2022 8
9. Governance
• The action or manner of governing a state, an organisation,
etc.
• The process of decision making and the process by which
decisions are implemented (or not implemented).
• Government bridges the gap between the people and
governance.
INTRODUCTION TO THE SUBJECT 31-07-2022 9
10. Urban Growth, Urbanisation and Rate of
Urbanisation
• Urban Growth – Increase in the number of people who live in towns
and cities. Pace of Urban Growth depends on:
• 1. Natural increase of population in urban areas.
• 2. Population gained through net rural-urban migration.
• 3. Reclassification of rural settlements into cities and towns.
• Urbanisation – Proportion of a country that is urban.
• Rate of Urbanisation – Increase in the proportion of urban
population over time.
DEPARTMENT OF ARCHITECTURE, COLLEGE OF ENGINEERING
TRIVANDRUM
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11. Urban area
United Nations
Definition varies from country to country with periodic reclassification.
Urban Area – on or more of the following:
• Administrative criteria or political boundaries (area within the jurisdiction of
a municipality or town committee)
• A threshold population size. Varies globally between 200 and 50,000)
• Population density
• Economic function (where there is surplus employment or where a
significant majority is not primarily engaged in agriculture)
• Presence of urban characteristics (amenities and infrastructure)
• In 2010, 3.5 billion people lives in areas classified as urban.
DEPARTMENT OF ARCHITECTURE, COLLEGE OF ENGINEERING
TRIVANDRUM
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12. Urban area
United States
The U.S. Census Bureau defines an urban area as: "Core census block groups
or blocks that have a population density of at least 1,000 people per square mile
(386 per square kilometer) and surrounding census blocks that have an overall
density of at least 500 people per square mile (193 per square kilometer).
Two types of Urban areas – Urbanized areas and Urban Clusters.
Urbanised area – more than 50,000 persons
Urban cluster – less than 50,000 persons.
There are 1370 urban areas with more than 10,000 people.
Largest Urban area in the US is the New York City Metropolitan area.
About 82% of the population of the US lives within the Urban areas.
• “Rural” encompasses all population, housing, and territory not included within an
urban area. DEPARTMENT OF ARCHITECTURE, COLLEGE OF ENGINEERING
TRIVANDRUM
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13. Urban area
United Kingdom
The United Kingdom’s Office for
National Statistics defines an urban
area as an extent of atleast 20 ha
and atleast 1500 census residents.
Separate areas are linked if less
than 200 m apart. Included are
transportation features.
There are five Urban areas with a
population of over one million and
a further sixty nine with a
population of over one lakh.
DEPARTMENT OF ARCHITECTURE, COLLEGE OF ENGINEERING
TRIVANDRUM
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14. Urban areas
India
The 2011 census defines an Urban area as:
1. All places within a Municipality, Corporation or Cantonment board or Notified
town area committee etc.
2. All other places that satisfies the following criteria:
1. A minimum population of 5000.
2. Atleast 75% of the male working population occupied in non-agricultural jobs.
3. Density of population of atleast 400 per sq.km or 1000 per sq. mile.
The first category of urban units are called Statutory Towns – notified under law
by the concerned State or UT Governent and have local bodies like Municipal
corporations, Municipalities, Municipal Committee etc irrespective of their
demographic characterstics.
The second category – Census Towns
DEPARTMENT OF ARCHITECTURE, COLLEGE OF ENGINEERING
TRIVANDRUM
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15. Urban areas
India
Urban Agglomerations (UA)
• A continuous urban spread constituting a town and its adjoining growths (OGs) or
two or more physically contiguous towns together with or without outgrowths of
such towns.
• Must consist of at least one statutory town and its population.
• Population should not be less than 20000. eg: Greater Mumbai, Delhi UA etc.
Out Growths (OGs)
• A viable Unit such as a village or hamlet clearly identifiable in terms of boundaries
and location.
• It should possess urban features in terms of infrastructure, amenities like pucca
roads, electricity, post offices, taps, drainage system, medica facilities, banks etc.
• It must be physically contiguous with the core town of the UA.
DEPARTMENT OF ARCHITECTURE, COLLEGE OF ENGINEERING
TRIVANDRUM
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16. Urban areas
India
Class I UAs/Towns – more than 1,00,000 persons. 468 as per 2011 census. 70%
of total urban population lives in Class I UAs/Towns. Out of 468 Class I towns,
53 are Million Plus UAs/Towns. Among the Million Plus Uas, Uas with more
than 10 Million persons are known as Mega Cities. These are Greater Mumbai
UA (18.4 Million), Delhi UA (16.3 Million) and Kolkata UA (14.1 Million)
Class II – 50,000-1,00,000. Class III – 20,000-50,000
Class IV – 10,000-20,000
Class V – 5,000-10,000
DEPARTMENT OF ARCHITECTURE, COLLEGE OF ENGINEERING
TRIVANDRUM
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21. 1. Understand the basic concepts and terms used.
2. Need for a planner to know planning legislation.
3. Relationship between Law, Urban Planning and Development.
4. Statutory and Non statutory schemes
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31-07-2022 INTRODUCTION TO THE SUBJECT
22. • Law is a binding custom or practice of a community; a rule or mode of conduct or action
that is prescribed or formally recognized as binding by a supreme controlling authority
or is made obligatory by a sanction (as an edict, decree, rescript, order, ordinance,
statute, resolution, rule, judicial decision, or usage) made, recognized, or enforced by
the controlling authority.
-Third New International Dictionary from Merriam-Webster
• Law is a system of Primary rules that direct and appraise conduct together with
secondary social rules about how to identify, enforce, and change the primary rules.
- H.L.A. Hart
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31-07-2022 INTRODUCTION TO THE SUBJECT
23. • Law ensures that progress is put in the light of protection and regulation.
• Three main objectives of law:
1. Protection
2. Regulation
3. Progress.
• Four Purposes of law
1. Maintain law and order.
2. Maintain a status of the society
3. To enable an individual to have maximum freedom within reasonable limits
4. To give maximum satisfaction to the needs of the people living in the society.
• People who deal with laws – Jurists
• Five Schools of Law
1. Natural School of Law
2. Analytical School of law
3. Historical School of law.
4. Sociological school of law
5. Economic school of law. 23
Concept of Law and its significance in Planning
31-07-2022 INTRODUCTION TO THE SUBJECT
24. Sources of law – 1. Customs, 2. Legislations, 3. Precedent
1. Customs
• oldest
• Practices that people do
• Unwritten law – oral
• Eventually becomes law.
• Some cases written in some communities.
Features of Customary laws - Should have antiquity 150-200 years. Minimum 20 years in Indian conditions.
Court can go against certain Customary laws (eg:-Sati)
Should be reasonable
Should have certainty. Should not be vague.
It should be constantly followed throughout.
Should be conforming with respect to statutory laws. (Eg. Sati, Child marriage Child labour etc were
banned)
Should not be against public policies.
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Concept of Law and its significance in Planning
31-07-2022 INTRODUCTION TO THE SUBJECT
25. Sources of law – 1. Customs, 2. Legislations, 3. Precedent
2. Legislation
• Law enacted by an authority
• Written form
• Legislature is the direct source of law.
• There are only two competent authorities who can produce laws in India – 1. Parliament
and 2. State Legislature.
• More certain than Customary laws.
• Laws can be interpreted in many ways without changing the spirit.
• Sometimes court can go against the laws to protect the Community.
• Legislature can frame new laws, amend old laws or cancel existing laws.
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Concept of Law and its significance in Planning
31-07-2022 INTRODUCTION TO THE SUBJECT
26. Sources of law – 1. Customs, 2. Legislations, 3. Precedent
3. Precedent
• Laws formed on the basis of something that has happened.
• Judgments passed by some learned Jurists becomes a significant basis for another law.
• When there is no legislature on a particular point which arises in changing conditions, the
judges depend on their own sense of right and wrong and decide the disputes.
• Precedent created at one time or circumstance is applicable only under similar /such
circumstances.
• Often documented. Becomes guide or authority during subsequent cases.
• Precedent is more flexible than legislature and customs.
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Concept of Law and its significance in Planning
31-07-2022 INTRODUCTION TO THE SUBJECT
27. • Town Planning in its essence deals with control over the use of land in public interest so
as to secure economy, convenience, safety and beauty.
• Major portion of land in urban areas – private ownership. Hence planning controls over
these areas can be exercised only if the authorities are backed with necessary planning
acts.
• Constitution of every country provides its citizens with certain fundamental rights, this
includes the right to own land and use it. This can be subject to regulation by local
authority in public interest only if it has enough legislative powers.
27
Concept of Law and its significance in Planning
31-07-2022 INTRODUCTION TO THE SUBJECT
28. 1.It designates planning areas and various planning authorities, their structure, function and their
relationships.
2. Law is also needed to specify the categories and nature of statutory schemes that can be
prepared and lay down procedures in this regard.
3. Gives powers for the enforcement of the scheme with developments on the private lands within
the scheme area.
4. Gives powers to execute the various proposals in the scheme.
5. Gives additional powers for acquisition of land.
6. Law makes provision for the recovery or unearned income in the scheme area.
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Concept of Law and its significance in Planning
31-07-2022 INTRODUCTION TO THE SUBJECT
29. 1. To advice or inform citizens about various development activities proposed
in an area.
2. To undertake measures for implementation.
3. Create framework as policies
4. Understand Acts.
5. Propose amendments
6. Understand the powers and responsibilities of other contemporary
authorities
7. To take decisions
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Why is it important for a planner to have knowledge about legislation?
31-07-2022 INTRODUCTION TO THE SUBJECT
30. Some other terms
LEGISLATION
• Legislation (or “statutory law”) is law which has been produce by a legislature or a governing body in order
to regulate, to authorise, to sanction, to grant, to declare or to restrict.
• Legislation is a law or set of laws suggested by a government and made official by a parliament under the
provisions of the Constritution.
Source: http://dictionary.cambridge.org/dictionary/english/legislation
Legislation is the law made legal by parliaments. It is also known as statute law, statutes or Acts of
Parliament.
BILL
• A Bill is a proposed legislation under consideration by a legislature. A Bill does not become a law until
it is passed by the legislature.
• A law starts off as a bill and must go through a series of checks, balances and votes in order to become
a law.
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31-07-2022 INTRODUCTION TO THE SUBJECT
31. ACT
• Once a Bill has been enacted into a law it is called an Act or Statute.
RULE
• Principles governing conduct or procedure within a particular area or activity.
GOVERNANCE
• Method by which priorities are set.
• A good Governance should be open to amendments, always transparent and inclusive.
GOVERNMENT
• Bridges the gap between people and Governance.
PLANNING
• Controls development
• Tries to ensure equal distribution of resources and opportunities
• Planning has two components – Spatial Planning and Socioeconomic planning
• Aims to conserve resources for future generations.
• In India Planning was undertaken by the Planning Commission, Now the Niti Ayog.
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Some other terms
31-07-2022 INTRODUCTION TO THE SUBJECT
32. WILL
Rules that are to be implemented after death of a person
NORMS AND STANDARDS
Set of guidelines that the authority should abide to
PUNISHMENT
Part of the law that ensures that the person being punished becomes a better and civilized person after the
term of punishment.
PROGRESS
Urge of every human / society
Law ensures that progress is put in the light of protection and regulation.
CONSTITUTION
Since the emergence of democratic form of government in the countries, the citizens were given certain rights
or liberties that were accepted by all citizens while framing the guidelines for the government. Those
guidelines were compiled at one place / in one volume called the Constitution of the Country.
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Some other terms
31-07-2022 INTRODUCTION TO THE SUBJECT
33. Statutory and Non-statutory schemes
Statutory schemes –law authorises, preparation, sanction, execution and enforcement. Any scheme
prepared with the backing of statutes is statutory scheme.
Advantages – Private developments can be controlled.
- enforcement is legal
- recovery of unearned income –cost of the scheme can be recovered by various means
(betterment levy)
Non-statutory schemes – When the scheme does not have the backing of statutes, it is a non-statutory
scheme. If a scheme is prepared under the resolution of a Municipality it is a non-statutory scheme. Eg:-
A municipality deciding to set up a park.
A good part of the activities by various urban development authorities are non-statutory in nature. Eg;-
slum improvement schemes,
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31-07-2022 INTRODUCTION TO THE SUBJECT
34. Statutory and Non-statutory schemes
Statutory schemes –law authorises, preparation, sanction, execution and enforcement. Any scheme
prepared with the backing of statutes is statutory scheme.
Advantages – Private developments can be controlled.
- enforcement is legal
- recovery of unearned income –cost of the scheme can be recovered by various means
(betterment levy)
Non-statutory schemes – When the scheme does not have the backing of statutes, it is a non-statutory
scheme. If a scheme is prepared under the resolution of a Municipality it is a non-statutory scheme. Eg:-
A municipality deciding to set up a park.
A good part of the activities by various urban development authorities are non-statutory in nature. Eg;-
slum improvement schemes.
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31-07-2022 INTRODUCTION TO THE SUBJECT
35. Constitution of India
• Constitution determines the way in which a country is ruled.
• Constitution:
• Supreme law in India – living document that makes the Government work.
• Framework that determines fundamental practical principles.
• Establishes structure, procedure, powers and duties of government institutions
• Fundamental rights and duties of citizens.
• Architect of Indian Constitution – Dr. Bhimrao Ramji Ambedkar.
• 400 people including scientists, politicians and thinkers worked to frame the
constitution of India.
• 600 crores was spend.
• Took 10 years to implement.
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31-07-2022 INTRODUCTION TO THE SUBJECT
36. Constitution of India
• Flexible enough to be rescheduled, rigid enough to prevent misuse.
• Laws regarding National Security and National Integrity cannot be changed.
• Constitution of India – longest written constitution with:
• Preamble
• 25 Parts with 448 Articles. (Last article is Article 395. Added articles follow alpha numeric enumerations.
• 12 Schedules. (Initially only 10 schedules were there. Later Schedules XI and XII were added as the 73rd
and 74th ammendments)
• 5 Appendices
• 104 Amendments (upto Jan 25, 2020)
• Constitution is quasi-federal in nature – Federal in nature, but Unitary in
spirit.
• Constitutional Assembly is called the Referent
• Chairman – President
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31-07-2022 INTRODUCTION TO THE SUBJECT
37. Parts of the Constitution of India
I – Union and its Territory.
II – Citizenship
III – Fundamental Rights
Purpose is to preserve individual liberty and democratic principles based on equality of all members of the
society.
1. Right to Equality
2. Right to Freedom
3. Right against exploitation
4. Right to freedom of religion.
5. Cultural and Educational Rights.
6. Right to property
7. Right to Constitutional Remedies.
IV – Directive Principles of State Policy
IV A - Fundamental Duties. (Added as per the 42nd Amendment of 1976. There are 10 fundamental duties.
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31-07-2022 INTRODUCTION TO THE SUBJECT
38. V – The Union
VI – States
VII – States in the B Part of the First Schedule.
VIII – Union Territories.
IX – Panchayats.
IX A - Municipalities
IX B – Co-operative Societies.
X – Scheduled and Tribal Areas.
XI – Relation between Union and States.
XII – Finance, Property, Contracts and Suits.
XIII – Trade and Commerce within the territory of India.
XIV – Services under Union and States.
XIV A – Tribunals.
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31-07-2022 INTRODUCTION TO THE SUBJECT
39. Websites to Refer
• Ministry of Statistics and Programme Implementation
• National Building Organisation http://nbo.gov.in
• Centre for policy Research http://www.cprindia.org
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31-07-2022 INTRODUCTION TO THE SUBJECT
40. • Ministry of Statistics and Programme Implementation
http://www.mospi.nic.in/mospi_new/upload/SYB2014/CH-7-
FIVE%20YEAR%20PLAN/Five%20Year%20Plan%20writeup.pdf
• Urban Development and Housing in India – 1947 to 2007. Edited by
Rishi Muni Dwivedi, New Century Publications, New Delhi
• National Building Organisation http://nbo.gov.in
• Centre for policy Research http://www.cprindia.org
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