FRAMING MODEL LAND USE &

SLB WITH APPROPRIATE

ENFORCEMENT MECHANISM FOR
RURBAN CLUSTER
BRAINSTORMING SESSION
PRESENTATION - 2

CENTER FOR URBAN LAND & REAL ESTATE POLICY

CEPT Research & Development Foundation
Contents
Model Planning
1 Terms of Reference by
Enforcement Mechanism
MoRD

2 Desk Research
Comparative Review and
Field Visits
Summary

Guidelines for Model Planning

3 Inferences for Brain Strorming Enforcement Mechanism
Session
 1
Terms of Reference
Model Planning and Landuse Regulations

Critical review of existing policies pertaining to Spatial Planning and

Landuse Regulations and their relevance to Rural areas

Propose new policy guidelines for preparation of spatial plans for

Rurban areas

Enforcement Mechanisms
To assess strength and efficacy of District Planning Committees,
Panchayat Raj Institutes and other Planning agencies

Propose new framework or institutional reforms within existing

framework for enforcement of Spatial Planning in Rurban areas
 2
Comparative Review
and Summary
NRuM Spatial Planning
As per NRuM Guidelines, the following parameters are mandated for Spatial Planning

Component

Declaration of Planning Area

Designation of Planning Authority

Formulation of Spatial Plans

To plan and govern development of Rurban Clusters

 Spatial Planning Legislations
Land- subject of State List. Spatial planning is

responsibility of State government 73rd and 74th

State List
CAA
74th & 73rd CAA empower ULBs & Panchayat Raj

Institutes (PRI) to undertake planning functions

mentioned in 11th and 12th Schedule

11th Schedule includes function of town/ urban planning

State
to be transferred to ULBs Govern
ment
12th schedule includes function of socio- economic DPC

planning to be transferred to bodies of PRIs

Article 243 ZD and 243 ZE mandates state government

to form District Planning Committee (DPC) and ULB

PRI
s
Metropolitan Planning Committee (MPC) that will
Review of Spatial Planning Legislations
Key Questions:
Level of Do the acts provide for spatial planning
Legislation Mandate
Legislation
Section 243 G discusses about provisions in Rurban Clusters?
preparation of plans for
73 CAA
rd
economic development and
social justice Do the Acts provide for declaration of
Central
Section 243ZD - mandates to
74th CAA
form District Planning
special planning area in Rurban Cluster?
Committees
Do the Acts provide for constitution of
Act related to Town Provides for preparation of
Planning or Urban spatial plans for Urban areas
Development Act and its surrounding Rural areas Planning Authority in Rurban Cluster?
Act related to Transfer of function mentioned
Panchayati Raj in the 12th schedule of 73rd CAA
Which are spatial planning provisions
State
Institutions to PRIs
mandated under the Act?
Act related to Preparation of District
formation of District Development Plan (DDP) which
Planning is consolidation of plans
Committee prepared by ULBs and PRIs
 Analysis of Acts and On field Practice
Review of different
Mandate of Legislations was compared
levels of On field Practice
Legislations
with on field practices in all states

73rd & 74th CAA 73rd & 74th CAA The Plans, mandated across different

legislations were analyzed on basis of

State Urban State Urban
Planning Acts Planning Acts Rurban Guidelines for Spatial
Plans Components namely Declaration of
State DPC Acts State DPC Acts
Declaration of Planning Area, Planning Authority,
Authority
Contents of Plan, Tools of Spatial
State PRI Acts Declaration of
State PRI Acts
Planning Area
Planning like Zoning, Landuse, etc.

Contents of Plan

Reservations of
Public Land
Comparative Review and Summary Based on Desk Research and Field visits,

comparative overview of 3 parameters of

Compon
ents of spatial planning components, as per
Declara
Plan tion of
Plannin Rurban Guidelines, across the states
g
Authori One other parameter, type of plan, under
ty
Spatial
different acts is also reviewed in the
Planning

study

Comparison is across all levels of

legislations applicable to Rurban

Declara Clusters and across all 8 states
tion of
Plannin
g Area Comparison will answer weather the

existing legislations can be revoked or

there is need for new policy for Spatial

 Type of Plans
Type of Plans prepared under Planning Acts Across the states, none of the DPC
State Urban Planning
Acts or PRI Act provide for provision of
states
Town and Acts State DPC Acts State PRI acts
Country applicable Spatial Plans
Planning to Urban
Acts Areas
District Development Plan (DDP)
Consolidated
Chhattisgarh Spatial - Sectorial Financial
Financial and Village Development Plan (VDP)
Consolidated
Gujarat - Spatial Sectorial Financial
Financial are financial documents
Madhya Consolidated
Spatial - Sectorial Financial
Pradesh Financial Urban Planning Acts need to be
Consolidated
Maharashtra - Spatial Sectorial Financial
Financial revoked for spatial planning in
Consolidated
Odisha - Spatial Sectorial Financial
Financial Rurban Clusters
Consolidated
Rajasthan Spatial - Sectorial Financial Thus, Spatial Planning can be
Financial
Consolidated
Tamil Nadu Spatial - Sectorial Financial undertaken only under Urban Acts
Financial
Consolidated
West Bengal Spatial - Sectorial Financial in Rurban Clusters
Financial
 Declaration of Planning Area
Acts that provide for Declaration of Planning Area Chhattisgarh, Madhya Pradesh,

State Urban Planning Acts Tamil Nadu and West Bengal;

states
Town and Country Planning Acts applicable only to Urban States with Town and Country
Acts Areas
Planning Acts (TCPAs) have
Section 4; Any area Planning
Chhattisgarh -
Area provision for declaration of any
Section 3; Any area
Gujarat - area as Planning Area
Development Area
Madhya Section 4; Any area Planning
- Odisha and Rajasthan; States with
Pradesh Area
Section 3; Any area Planning
Maharashtra -
Region
Improvement Schemes typically

Any urban area as says planning areas to be Urban

Odisha -
Improvement Area
Any urban area as Areas
Rajasthan
Improvement Area
Section 10; Any area
Tamil Nadu
Regional Planning Area
Section 1; Any area Planning
West Bengal
Area
 Declaration of Planning Authority
Acts that provide for Declaration of Planning Authority
State Urban Planning Acts Chhattisgarh, Madhya Pradesh;
states
Town and Country Planning Acts applicable only to Urban States with Town and Country
Acts Areas
Planning Acts (TCPAs) have Town
District Town and Country
Chhattisgarh -
Planning Office
and Country Planning Office as
Area/ Urban Development
Gujarat -
Authority
Planning Authority
Madhya District Town and Country
-
Pradesh Planning Office
Tamil Nadu West Bengal define a
Local/ Special Planning
Maharashtra -
Authority planning authority in Act; West
Odisha - Planning Authority
Office/ Authority directed by Bengal State Govt. can also direct
Rajasthan
State Government
Regional/ Local Planning any office as Planning Authority
Tamil Nadu -
Authority
Rajasthan Act doesn't specify any
Planning Authority/ any office
West Bengal directed by State -
Government particular Planning Authority
 Contents of Plan
Plans that provide for following Spatial Contents
Reservation All the Plans provide for landuse
for Public
states Development
Land/ Open and zoning regulations, along with
Landuse Zoning Control
Spaces/ EWS
Regulations
Housing/Slum Development Control Regulations
Clearance

Chhattisgarh (DCR) and Reservations of Public

Gujarat Lands for open spaces,

Madhya
Pradesh development purposes, defence

Maharashtra criteria, EWS housing, relocation

Odisha
sites, as a measure of
Rajasthan
decongestion, etc.
Tamil Nadu
Gujarat, Maharashtra and Tamil
West Bengal
Nadu also enforce DCR through
PROVIDE FOR DO NOT PROVIDE FOR
 Key Summary and Findings
To undertake Spatial Planning in Rurban areas, Urban Planning Acts need to be revoked

Spatial Planning in states having TCPA, Chhattisgarh, Madhya Pradesh, Tamil Nadu, West

Bengal, is undertaken directly by TCPO unless designation of Planning Authority

Rajasthan and Odisha have Improvement Schemes that plan exclusively for Urban Areas

Gujarat and Maharashtra Urban Planning Acts enforce DCRs and zoning tools extensively to

development areas

All Urban Planning Acts, apart from that in Chhattisgarh and Madhya Pradesh, mandate

reservation of public lands for variety of purposes like green space, EWS Housing,

development and defence purposes, etc.

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