3.1 Key features
Town and Country Planning Organisation (TCPO) formulated the Model Town and Country Planning Law in the year 1960. This model Act was revised by TCPO in year 1985 as “Model Regional and Town Planning and Development Law” to enact a comprehensive urban and regional planning legislation in all the States and It is in the form of guidelines which ensures better overseeing and coordination of planning with implementation, so that a single agency can undertake both these functions. In the model, the planning and development authority to be constituted has been equipped with full planning and development powers to discharge the task of planning and implementation.
The Model Regional and Town Planning and Development Law, 1985 provides for the following:
-
Constitution of State Regional and Town Planning Board by the State Government for the purpose of advising on the delineation of the region for the planned development,
-
Directing the preparation of metropolitan, regional and area plans by the metropolitan, regional and area planning and development authorities,
-
Setting up of metropolitan, regional and area planning and development authorities for different urban and rural areas within the State to undertake preparation of development plans and to enforce and implement them,
-
Co-ordinating the planning and implementation of physical development programmes,
-
The Model Law provides 3 steps for the administration of this law, the steps are following: a) Preparation of existing land use map,
b) Preparation of an outline development plan and comprehensive development plan and their enforcement, and
c) Preparation of detailed schemes of development or redevelopment as envisaged in the plans and their implementation.
The Model Regional and Town Planning and Development Law was prepared in 1985, almost 30 years ago, since then many legislative and ideological changes have taken place in the developmental approach of GoI. Also to incorporate the provisions of CAA, the Model Regional and Town Planning and Development Law requires a complete revision and restructuring. Accordingly, the suggested changes in the Model law are described in the following sections:
3.2 Suggested modifications in the law
Replacing old Land Acquisition Act with the LARR Act (2013):Land Acquisition Act of 1894 is suggested to be replaced by The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Mandatory Implementation of and should be mandatory by all Urban Local Bodies (ULBs), to follow 74th CAA, for making ULBs a strong and effective body through devolution of power and functions. On the same line, Kerala Town and Country Planning Department implemented – Kerala Town and Country Planning Ordinance 2013, which came into effect following the 73rd and 74th amendments to the Constitution. The ordinance constitutes the District Planning Committee (DPC) at district level and Metropolitan Planning Committee (MPC) at Metropolitan level.
In MPC/DPC, full time dedicated urban and regional professionals for better assessment, preparation and execution or implementation of plan at both levels are required. In the DPC, an average of 1 Planner for 1 million populationis suggested by the TCPO, while in MPC 1 Town Planner is required for population of 5 lakh.
Inter-state Planning – provisions, organization structure, roles and responsibilities
The main objective for setting up Inter-State Planning concept is to promote economic growth and balanced development of the Region (two or more than two states) for providing suitable infrastructural development through inter rail and road based transportation networks, minimizing the adverse environmental impact, developing selected urban settlements with urban infrastructure facilities. In India a number of Inter-State planning organizations have been established to achieve the above said objectives.
In 1985, Enactment of the National Capital Region Planning Board Act by the Union Parliament, with the concurrence of the participating States of Haryana, Rajasthan and Uttar Pradesh, NCR Planning Board was constituted.
Under section 8 of the NCRPB Act, the powers of the Board shall include the powers to:
Call for reports and information from the participating States and the Union territory with regard to preparation, enforcement and implementation of Functional Plans and Sub-regional Plans ;
Ensure that the preparation, enforcement and implementation of Functional Plan or Sub-Regional Plan, as the case may be, is in conformity with the Regional Plan;
Indicate the stages for the implementation of the Regional Plan;
Review the implementation of the Regional Plan, Functional Plan, Sub-Regional Plan and Project Plan;
Select and approve comprehensive projects, call for priority development and provide such assistance for the implementation of those projects as the Board may deem fit;
Select, in consultation with the State Government concerned, any urban areas, outside the National Capital Region having regard to its location, population and potential for growth, which may be developed in order to achieve the objectives of the Regional Plan; and
Entrust to the Committee such other functions as it may consider necessary to carry out the provisions of this Act.
Similar interstate development regions may be necessary to be planned in other parts of India especially involving fast changing urban regions which fall in more than one State. The Law is suggested to be modified to include provisions for not only DPC and MPC but also for interstate authorities as stated above.
Joint Area Committee: Kerala Town and Country Planning Ordinance, 2013provides constitution of JointArea Committee for an area of more than one Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat either in full or in part. For the purpose of planning of the area in which they are jointly interested or for which they are responsible.
Innovative Systems of Land Assembly: There are various techniques to develop small or fragmented land parcels into usable land through transfer of ownership. Some of these techniques are suggested to be included in the Law.
Town Planning Scheme: Town Planning Scheme has emerged as a successful model of land development; it is suggested to include the provision in the Law.The Maharashtra Regional and Town Planning (MRTP) Act,1966, The Gujarat Town Planning and Urban Development Act (GTPUDA), 1976 and now Kerala Town and Country Planning Ordinance, 2013, have included provisions for Town Planning Scheme.
Land Pooling and Development Schemes2:Land Pooling scheme aims to prevent, selling of land without the owner’s consent. Under Delhi Land Pooling Policy, land owners can surrender their land holding into the central pool and be stake holder to the development proposed in their land. Once the land is pooled, the landowner would get back certain amount of land of their total land surrendered land as developable land.
Transferable Development Rights (TDR), TDR is a technique of land development which separates the development potential of a particular parcel of land from and allows its use elsewhere within the defined zones of the city. TDR is taken away from the zone and it is tradable. The Law shall define its use as a technique for redevelopment and reconstruction of inner city zones.
Accommodation Reservation: The concept of Accommodation Reservation allows the land owners to develop the sites reserved for an amenity in the development plan using full permissible FSI/FAR on the plot subject by agreeing to entrust and hand over the built up area of such amenity to the local authority free of all encumbrances and accept the full FSI/FAR as compensation in lieu thereof. This mechanism has considerably relieved the local authorities from incurring huge expenses for the purpose of acquisition of such lands and can be considered in the Law with certain conditions.
Encouraging Private and Joint Sector Participation: The current policies of economic liberalization in the country and the emphasis on private sector participation in planning and development process should be provided with the appropriate legal support. It is suggested that private sector participation in certain sectors shall be allowed and encouraged by the law in light of the FDI policy. Local Self Government has to consult non-governmental institutions, organizations and professional bodies in the preparation of Perspective Plan for the District and Metropolitan Area.
Time Line: Regional Plans and Development Plans should be for 20 years with the provisions for review / revision every 5 years to be co-terminus with the State Five Year plan.Different plans suggested:
– Regional Plan (Inter-state/ Inter-district/ district)
Development Plan (planning area including the Municipal area)
2Source: Master Plan of Delhi, 2021.
Currently different time line is followed for review of regional and city or metropolitan development plans by different states which should be standardised as far as possible.
Tamil Nadu, Mizoram and Gujarat have provision of revising Developmental Plan once in 5 years of plan preparation. Karnataka provides for revision only after ten years and Maharashtra in twenty years. Himachal Pradesh provides for revision but gives no minimum time frame. Bihar has no provision of plans revision.
State Regulatory Body - The Urban-Regional Planning& Development Regulatory Authority (Town Planning Board/ Town Planning Committee (Kerala))suggested by the URDPFI Guidelines, 2014 to be established by State Governments through statutory support. The role of this State Body would be to regulate and monitor the functioning of Development bodies. The regulatory authority at the state level may function as an appellant authority to address the grievances redressal. It shall also list of authorities and roles and responsibilities to avoid multiplicity. Regulatory body should review the smooth functioning of the agencies to overcome the multiplicity, duplication or gaps. The establishment of this authority would require amendment of State Town and Country Planning Acts.
This State level apex regulatory body for appropriate functioning should be chaired, preferably, by the Chief Minister of the state with other members decided by the State government. The role of State authority to be referred from Volume I (section 3.6).
Disaster Risk Management: Disaster risk management with specific reference to climate change impact and appropriate response for it should be incorporated as an important component of plan formulation with focus on better energy use, water management, green balance and reduction of vulnerability to disaster.
City Infrastructure Fund: A City Infrastructure Fund should be established at urban centers by the Executive order of State Government. It should be other than the Budget fund and dedicated only for the Urban and Regional Infrastructure development. The possible sources offunding for the infrastructure fund must be defined and streamlined in consultation with State Finance Commission by the State Government.
Planning for Green Cities: In view of the need for accelerated urban development and to guide cities to eco-friendly, Green city development approach should be given priority especially in green field development. Planning for such cities should be encouraged and provisions for the same to be included in the Act.
The changes in the Model Law should be considered based on the above mentioned points, provision from various State Town and Country Planning Acts and detailed study by Town and Country Planning Organisation.The Model Regional and Town Planning and Development Law, 1985 is appended as AppendixQ of Volume II B.