About the Planning Legislation in India for the Elective Subject Town Planning

1. ELECTIVE-I
TOWN PLANNING
BY
Mr. S.P.SHARMA
ASST. PROF.
SYCET, AURANGABAD
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UNIT III (A)
PLANNING LEGISLATION
IN INDIA
Prof. S.P.SHARMA

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NECESSITY OF PLANNING LAW AND LEGISLATION
 During the last few decades there is phenomenal growth in the
population in the cities and town
 There is also migration of rural population, as a result we see
today overcrowding, congestion, deterioration and
haphazard development in most of our cities and towns
 The work involved in planning due to this enormous growth,
improvements and extensions of towns, is so complex that
some of the municipalities, found it difficult or are unable to
carry on these works effectively
Prof. S.P.SHARMA

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 The foremost problems of these urban areas are facing the
shortage of housing, resulting in squatting on public lands,
encroachment, un-controlled settlement, increased densities
in built-up areas, limited road network, shortage of public
utilities and community facilities etc.
 As we see today the city authorities and planners are surrounded
by a multitude of problems
 So to tackle these problems there is necessity of planning laws
and special legislation
 From among the existing legislation which are used for
clearance, development and control of urban land, the more
important are;

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1. Sanitary Commission 1864,
2. Bombay Improvement act -1898,
3. Bombay town planning act 1915,
4. Maharashtra Regional and Town Planning Act 1966,
5. The Model Town and Country Planning Act 1960
6. Model Regional & Town Planning & Development Law1985,
7. Urban Development Plans Formulation & Implementation
Guidelines1996,
8. Urban and Regional Development Plan Formulation and
Implementation (URDPFI) Guidelines 2014
Prof. S.P.SHARMA

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The above legal tools are the foremost requirements in the hands of
the planner and their proper use is to promote health, safety,
morale and general welfare of the community.
Prof. S.P.SHARMA

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1.Sanitary Commission 1864
 An agency under the ‘Sanitary Commission’ charged with the
responsibility of town improvements was formed in India in 1864
 In the same year Sanitary commissions were set up in Bombay,
Madras and Bengal at the instance of Royal Sanitary
Commission, which had been appointed by Britain in 1859, to
“give advice and assistance in matters relative to
public health and Sanitation, to advice on the
Sanitary improvement of native towns and
prevention and migration of epidemic diseases”.
Prof. S.P.SHARMA

8.  As the name charged sanitary commission with the responsibility
of town improvement was formed in India 1864.
 So constituted as to represent the various elements, civil, military,
engineering, sanitary, and medical .
 To give advice and assistance in all matters relating to the public
health, and prevention and migration of epidemic diseases, such
as,
 Selection of new stations, and the sanitary improvement of
existing stations and bazaars ;
 To examine new plans for barracks and hospitals ;
 To decide on the laying out of stations and bazaars,
Sanitary Commission 1864 cont.....
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9.  The sanitary improvement of native towns, prevention and
mitigation of epidemic diseases, and generally to exercise a
constant oversight on the sanitary condition of the population,
European and native ;
 To report on the prevalence, causes, and means of preventing
sickness and disease.
Sanitary Commission 1864 cont...
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2.Bombay Improvement act -1898
 The year 1898 made another epoch in the history of town
improvement (or planning as term came in vogue later) when the
first improvement trust was constituted in the city of Bombay,
just two years of before the outbreak of bubonic plague
 It compelled the government under the improvement trust to
adopt proper measures for the removal of insanitary dwellings,
overcrowding and to carry out necessary sanitary
improvements so as to secure better living conditions for the
people
 The Mysore Improvement Trust was set up in 1903 and was
followed by Calcutta Improvement Trust in 1911
Prof. S.P.SHARMA

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3.Bombay town planning act (1915)
 The first town planning legislation was enacted in India 1915
under the title ‘Bombay Town Planning Act 1915’.
 It confers on the local authorities the most valuable powers, the
chief of which are;
i. To control the future growth of the town,
ii. To prevent formation of slums to provide healthy
dwellings,
iii.To take active measures to make life more
comfortable for the poor and middle class people
Prof. S.P.SHARMA

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4.The Model Town and Country Planning Act 1960
 The old enactments were found to be ineffective to tackle many
of city problems, Hence it was felt necessary for a new
comprehensive legislation
 For this purpose the Institute of Town planners, which was
founded in 1951 in India, drafted a Model Town Planning Act
in 1957 and circulated it among all the states for implementation
 It was again revised by the Town and Country Planning
Organisation, Government of India (then central, regional
and Urban planning Organisation), in consultation with the
State Planning Departments in 1960
Prof. S.P.SHARMA

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 It provided only the basic guidance with regard to town
planning legislation, leaving it to the states for the
implementation to satisfy their requirements
 Even after five years of independence, it is surprising to know
that some of our states have not enacted the town planning
legislation
 Town planning Law and Legislation it still new to this country
 Whatever may be the reason there is urgent need for
comprehensive legislation to see that the community should be
beautiful as well as healthy, spacious, clean, well
balanced as well as carefully controlled
The Model Town and Country Planning Act 1960 Cont....

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 The Model Town Planning Act was published in 1957. The
model acts deals with in regard to constitution of planning
authority for large areas of urban centres of state
 The act contains important provisions coming under or outside
municipal limits
 The objective of this act is to provide for regulation of
planned growth of land use and development so as to
execute the town planning scheme in the state
The Model Town and Country Planning Act 1960 Cont...

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The act is necessary for the following;
1. To create favourable conditions for the planning and
redevelopment of urban and rural areas to provide civic
and social amenities
2. To prevent uncontrolled development of land.
3. To preserve and improve the existing recreational and
other facilities
4. To provide facilities for the orderly growth of
commerce and industry etc.
The Model Town and Country Planning Act 1960 Cont...

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Salient features of the Model Town Planning Act 1960
The act deals with various important provisions which are as under;
1. It provides the constitution of a state Town Planning Board to
advise the State Government with regard to planning and local
development and to work out a broad principle and policy
for the balanced development of the state.
2. The Government may, by notification, declare any area in the
state to be local planning area for the purpose of this act and on
such declaration this act shall apply to these areas, except the
military cantonment area. Such notification shall also define
the limit of planning area.

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3. After consultation with the Board, the State Government may
amalgamate or sub-divide the planning area and constitute a
special planning authority or Town Improvement Board to
function as planning authority
4. The planning authority constituted under the sub-section 2 shall
consist of the following members, namely
a) A chairman appointed by the State Government
b) A town planning officer, to be the member-secretary
c) Representatives of local bodies coming under the jurisdiction
of their planning area and total number of such representatives
shall not exceed five

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d) Three other members, appointed by State Government
The State Government, if it feels fit, may nominate one of the
members as Vice-chairman of the planning Authority,
5. The State Government, by notification, shall specify the date
with reference to which the present land use has to be determined
and different dates may be fixed for different areas in the state.
6. Every planning authority shall prepare Master plan in two stages
A. Preparation of an outline Development Plan or an interim
master plan: within a period of two years, the planning
authority has to conduct the survey and prepare outline
development plan and submit the same to the Government
through the Director for approval

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B. Preparation of Comprehensive development plan or
detailed master plan

20. 5. Maharashtra Regional and Town Planning Act 1966-
 An Act 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 therefore;
 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;
 To provide for the creation of new towns by means of
Development Authorities;
 To make provisions for the compulsory acquisition of land
required for the public purposes in respect of the plans;
 For purposes connected with the matters aforesaid.
Prof. S.P.SHARMA
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Objectives of enactment of MRTPAct:
• Planning development in “regions”
• Constitution of Regional Planning Board
• Better provision for preparation of DP & TP
• To provide for creation of new towns by means of DA
• To make provisions for the compulsory acquisition of land
required for public purposes in respect of the plans
Maharashtra Regional Town Planning Act 1966
17-Jan-14 as a part of UDP Studio 2014, CEPT University,
Ahmedabad 7
Salient Features:
• Provisions for RP, DP & TP
• And Implementation schemes : Land acqtn., TDR, Plot
reconstitution
• Finance, accounts & audit and Governance for plan enforcement
are also
available under this act
Prof. S.P.SHARMA

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6. Model Regional and Town Planning
and Development Law, 1985
 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 UT’s.
Prof. S.P.SHARMA

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 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,
Model Regional and Town Planning and Development Law, 1985 Cont....

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 Co-ordinating 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.
 Based on the Model Regional and Town Planning and
Development Law, 1985, many states enacted their Town and
Country Acts.
Model Regional and Town Planning and Development Law, 1985 Cont....

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 However, states like Haryana, Rajasthan and UT of Chandigarh
do not have comprehensive Town and Country Planning Acts.
 Out of 7933 Towns, about 2032 towns have Master Plans(1483
notified +549 under preparation )
Model Regional and Town Planning and Development Law, 1985 Cont....

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7. Urban Development Plans Formulation &
Implementation Guidelines1996,
Need for Guidelines
Taking into account the not so efficient capabilities of the urban local
authorities, the provisions of the Constitution (Seventy-Fourth)
Amendment Act, 1992 (74th. CAA), the deficiencies in the Master
Plan approach as identified during the National Workshop on this
subject held at Delhi in 1995 and the current policy of econol) lic
liberalisation, the need is felt to assist the administrators, municipal
town planners, and the consultants with guidelines for urban
development plans formulation and implementation (UDPFI).
Prof. S.P.SHARMA

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Scope of Study
The terms of reference of the study included formulation of
guidelines for :.
a) preparation of spatial development plans and resource,
mobilisation, plans of small, medium and large size urban centres;
b) efficient implementation mechanism and innovative techniques
for promotion of planned spatio-economic development of urban
areas; and
c) simplification of town planning laws and their amendments!
restructuring.
Urban Development Plans Formulation & Implementation Guidelines1996, Cont....

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Case Study Areas
Three states namely Maharashtra (highly urbanised), Orissa
(urbanising), and
Himachal Pradesh (hill state) were selected as case study areas.
Classification of Urban Centres
For the purpose of this study the urban centres have been classified
as:
Urban Development Plans Formulation & Implementation Guidelines1996, Cont....

29.  Urban and Regional Development Plans Formulation and
Implementation (URDPFI) Guidelines. ... Urban and Regional
Development Plans Formulation and Implementation
(URDPFI) Guidelines. New Delhi: Ministry of Urban
Development, Government of India, 2015.
 The towns and cities have become more dynamic in nature and
are subject to unprecedented changes in terms of require-
ments of infrastructure and other basic services/ amenities.
 Besides, new emerging aspects like regional development, i
nclusive planning, sustainable habitat, land use and transport in
tegration at planning stage, Service Level Benchmarks, disaster
management concepts, and governance reforms have give
Urban Development Plans Formulation & Implementation Guidelines1996, Cont....
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30.  UDPFI include formulation of guidelines for,
 Preparation of spatial development plans and resource
mobilization plans of small, medium and large size urban
centers.
 Efficient implementation mechanism and innovative techniques
for promotion of planned spatio-economics development of
urban areas.
 Simplification of town planning laws and their amendments/
restructring.
 It recommended interrelated plans as, perspective plan,
development plan, annual plan, plans of projects/ schemes.
Urban Development Plans Formulation & Implementation Guidelines1996, Cont....
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31. 8. Urban and Regional Development Plan Formulation
and Implementation (URDPFI) Guidelines 2014:-
The guidelines, focuses on the following: ƒ
 Integrated regional and urban development with focus on spatial
planning.
 Regional spatial development frame to provide the backdrop w
ithin which settlement planning (urban, rural, peri‐urban) and loc
al area planning should be taken up. ƒ
 Adapting a paradigm shift towards planning and developme
nt for compact, green, smart cities and safer cities. ƒ
 Ensuring that the task of urban and regional planning must be
only carried out or must ONLY be the responsibility of certified
planner.
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32.  Transportation planning
 The streets, roads, mass rapid transit systems, other pu
blic transportation systems provide the back bone st
ructure for urbanand regional development. Transp
ortation including mobility should therefore be given a
prime importance.
 Sustainable Land development
 Selecting the right density of development taking
into consideration the environment, provision and
cost of infrastructure and mobility.
Prof. S.P.SHARMA
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33.  Sustainable Resource Management
 Realizing the pressure on the natural resources, all infrastructure
planning should be done with a strong emphasis on sustainabilit
y like green cities approach.
 Efficient Urban Development Management
 Application of GIS, Bhuvan in planning process.
 Participatory Planning approach -
 Direct involvement of the citizens as appropriate in plannin
g processes and mechanisms.
 Regional Planning Approach
 Planning regions can be identified as Administrative Regions su
ch as District and Metropolitan Regions, Investment Regions an
d Special Regions.
Prof. S.P.SHARMA
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REFERENCES
1. http://evolutionofindianplanninglegislation.blogspot.com
2. Ministry of Urban Development Plans Formulation &
Implementation Guidelines1996
3. Ministry of Urban and Regional Development Plan Formulation
and Implementation (URDPFI) Guidelines 2014
Prof. S.P.SHARMA

35. THANK YOU
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Prof. S.P.SHARMA