town planning act: mahrashtra

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,


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


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


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).


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.


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


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


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.


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


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.


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.


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.


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 sq.km. However, in

2001, after a few villages were delinked, the PMC area was reduced to 243.96 sq.km. 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.


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.


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

town planning act: mahrashtra

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