07-24-2016, 11:49 AM
Urban planning focuses on judicious use of land. In Constitution of India under article 246 under Seventh Schedule find following mansions:
· Entry 18 of the List II (the State List) Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.
· Entry 5 of the List II (the State List): Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration
· Entry 20 of the List III (Concurrent List): Economic and social planning.
And in article 243W under Twelfth Schedule find following mansions:
· Entry 1: Urban planning including town planning.
· Entry 2. Regulation of land-use and construction of buildings.
· Entry 3. Planning for economic and social development.
Land, Local government and economic and social planning falls within the legislative competence of the states therefore regulation of land use and its development is the responsibility of various state governments in India.
Before independence, side by side planning legislation introduced in different parts of India, There is no continuity or uniformity in the legislations of various States as far as town planning is concerned as we find in England. Different States had different provisions for town planning measures either under the Municipal Acts or under special enactments, such as City Improvement Trust Acts or Town Planning Acts. It is only after independence that all the States are putting their heads together to evolve a common policy on town and country planning matters.
Statutory process of master plan formulation in India was inspired by the erstwhile comprehensive planning system envisaged under the Town and Country Planning Act, 1947 of United Kingdom.
As most of the Town Improvement Trust Acts then in force in various states did not contain provisions for preparation of Master Plans, a need was felt to have a Comprehensive Town and Country Planning Act on the lines of U.K.
Accordingly, Central Town and Country Planning Organization or TCPO drafted the Model Town and Regional Planning and Development Law in 1962, which formed the basis for various States to enact Town and Country Planning Acts, with modifications to suit local conditions.
Model Law 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 UT’s. Provisions are
· 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
o enforce and implement them,
o coordinating the planning and implementation of physical development programmes
· Model Law provided 3 steps for the administration of this law:
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.
74[sup]th[/sup] Constitution Amendment act provide urban planning and town planning as functions of the urban local bodies under The Twelfth Schedule of the Constitution
Articles 243ZD and 243ZE provide that a Committee for District Planning in each District, and a Committee for Metropolitan Planning in every metropolitan area (An area having a population of ten lakhs or more comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas as specified by the Governor) ,shall be set up, subject to the conditions that :
(i) in the case of a District Planning Committee not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district
Committee at district level in every state, to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
Preparation of Draft development Plan having regard to:
•Plans of panchayats and the municipalities;
•coordinated spatial planning;
•sharing of water and other physical and natural resources;
•integrated development of infrastructure; and
•environmental considerations.
• 26 out of 31 states have DPCs
(ii) in the case of a Committee for Metropolitan Planning, not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area.
Metropolitan Planning Committee may be constituted to prepare a draft development plan for the Metropolitan area as a whole.
preparation of Draft development Plan having regard to:
•Plans of panchayats and the municipalities;
•coordinated spatial planning;
•sharing of water and other physical and natural resources;
•integrated development of infrastructure; and
•environmental considerations.
· Entry 18 of the List II (the State List) Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.
· Entry 5 of the List II (the State List): Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration
· Entry 20 of the List III (Concurrent List): Economic and social planning.
And in article 243W under Twelfth Schedule find following mansions:
· Entry 1: Urban planning including town planning.
· Entry 2. Regulation of land-use and construction of buildings.
· Entry 3. Planning for economic and social development.
Land, Local government and economic and social planning falls within the legislative competence of the states therefore regulation of land use and its development is the responsibility of various state governments in India.
Before independence, side by side planning legislation introduced in different parts of India, There is no continuity or uniformity in the legislations of various States as far as town planning is concerned as we find in England. Different States had different provisions for town planning measures either under the Municipal Acts or under special enactments, such as City Improvement Trust Acts or Town Planning Acts. It is only after independence that all the States are putting their heads together to evolve a common policy on town and country planning matters.
Statutory process of master plan formulation in India was inspired by the erstwhile comprehensive planning system envisaged under the Town and Country Planning Act, 1947 of United Kingdom.
As most of the Town Improvement Trust Acts then in force in various states did not contain provisions for preparation of Master Plans, a need was felt to have a Comprehensive Town and Country Planning Act on the lines of U.K.
Accordingly, Central Town and Country Planning Organization or TCPO drafted the Model Town and Regional Planning and Development Law in 1962, which formed the basis for various States to enact Town and Country Planning Acts, with modifications to suit local conditions.
Model Law 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 UT’s. Provisions are
· 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
o enforce and implement them,
o coordinating the planning and implementation of physical development programmes
· Model Law provided 3 steps for the administration of this law:
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.
74[sup]th[/sup] Constitution Amendment act provide urban planning and town planning as functions of the urban local bodies under The Twelfth Schedule of the Constitution
Articles 243ZD and 243ZE provide that a Committee for District Planning in each District, and a Committee for Metropolitan Planning in every metropolitan area (An area having a population of ten lakhs or more comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas as specified by the Governor) ,shall be set up, subject to the conditions that :
(i) in the case of a District Planning Committee not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district
Committee at district level in every state, to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
Preparation of Draft development Plan having regard to:
•Plans of panchayats and the municipalities;
•coordinated spatial planning;
•sharing of water and other physical and natural resources;
•integrated development of infrastructure; and
•environmental considerations.
• 26 out of 31 states have DPCs
(ii) in the case of a Committee for Metropolitan Planning, not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area.
Metropolitan Planning Committee may be constituted to prepare a draft development plan for the Metropolitan area as a whole.
preparation of Draft development Plan having regard to:
•Plans of panchayats and the municipalities;
•coordinated spatial planning;
•sharing of water and other physical and natural resources;
•integrated development of infrastructure; and
•environmental considerations.