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Implications of The 73rd and 74th Amendments For Planning
Implications of The 73rd and 74th Amendments For Planning
Background:
all
minds.
sometime
Those
would
who
affirm
have
that,
lived
in
the
in
Bangalore
recent
past,
for
its
considered
beyond
its
boundaries
as
commonly
Nelamangala,
Dasarahalli,
Yelahanka,
Whitefield,
Nagarbavi,
Bommanahalli,
Kengeri,
Hebbal,
Marathalli, etc.
This physical expansion of Bangalore is obviously one of
the most tangible offsets of its rapid pace of growth.
With
the
States
concentrated
emphasis
on
Bangalores
all
in
search
of
work.
This
could
not
be
the
Bangalore
past
has
been
many
a
decades,
very
top
spatial
down
planning
process
with
of
the
planned
growth.
mandatory
factor
However,
that
in
such
the
authorities
role
not
participants
now,
it
process
be
of
just
having
the
as
is
constitutionally
amended
local
self
spectators
powers
to
suitably
governance
but
affect
to
as
the
active
planning
process.
The 90s; the period which witnessed the period of most
rapid spatial growth of Bangalore, also saw the crucial
73rd and 74th amendments to the Constitution according
constitutional
status
to
the
Panchayats
and
the
local
implementation
governance.
of
these
However,
amendments
despite
through
the
consequent
what
concentration
of
governance
Municipal
(of
we
witness
development
areas
Council
are
coming
to
is
planning
under
jurisdiction)
the
with
the
the
and
further
de-facto
Panchayat
Urban
and
bodies
of
participation
of
the
local
bodies
and
their
the
undermining
of
the
decision-making
and
recently
we
have
witnessed
the
promotion
of
Indias
Singapore,
etc.
This
has
resulted
in
of
the
construction
of
new
roads,
ring
roads,
International
Hi-tech
city
and
Airport,
link
road
Arkavathy
between
Layout
Hosur
and
whether
developers
caused
interested
by
in
the
quick
State
nor
profits
by
private
from
housing
is
either
there
any
planning
obviously
gives
or
participatory
process
implementation.
rise
to
critical
While
initiated
this
questions
in
process
regarding
emerging
issues
and
engage
with
procedures
and
Bangalore
Agenda
Task
Force,
Bangalore
73rd
and
74th
Constitutional
introduced
in
the
early
1990's
democratic
decentralization
and
Amendments
in
bid
provide
Acts
to
were
achieve
constitutional
respectively
Panchayats
and
Municipalities
with
the
Panchayats
charged
with
the
and
Municipalities
responsibility
of
have
been
preparing
and
central
objective
decentralization
procedures.
It
of
also
of
these
planning
has
the
and
amendments
decision
implicit
is
the
making
intention
of
Panchayats
Article 243G provides that, subject to the provisions of
the Constitution, the legislature of any State may, by
law, endow the Panchayats, with such powers and authority
as
may
be
necessary
to
enable
them
to
function
as
for
the
devolution
of
powers
and
Municipalities
Articles 243W provides that, subject to the provisions of
the Constitution, the legislature of any State may, by
law,
endow
the
Municipalities,
with
such
powers
and
institutions
contain
of
provisions
self-government
for
the
and
devolution
such
of
law
may
powers
and
Panchayats
have
been
entrusted
with
the
Municipalities
have
been
entrusted
with
the
listed
in
the
Twelfth
schedule.
These
being,
among
others,
-
planning
District
committee
Development
for
Plan.
the
The
preparation
District
of
the
Planning
by
the
panchayats
and
municipalities,
having
provides
that
for
metropolitan
areas,
chairpersons
of
the
panchayats
within
the
Article
243N
provision
and
of
Article
any
law
243ZF
provides
relating
to
that,
any
Panchayats
and
the
amendments,
which
are
inconsistent
with
the
until
legislature
amended
or
other
or
repealed
competent
by
authority
or
competent
until
one
Legal Framework:
Local Government
Karnataka Panchayati Raj Act, 1993
Section 58 (1) of the Act offers that the Gram Panchayat
shall perform the various functions, including,
-
Promotion
and
development
of
agriculture
and
horticulture
-
Development
and
maintenance
of
grazing
lands
and
are
empowered
to
prepare
yearly
development
Planning Committee.
the
74th
introduced
inserting
amendment
amendments
Section
503A
the
to
and
government
the
above
503B.
of
Karnataka
mentioned
Act
Section
503B
While
corporation
and
forwarding
of
the
same
to
the
similar
amendments
to
the
Karnataka
plans
by
every
Municipal
Council
to
be
Planning
Karnataka Town and Country Planning Act, 1961
Urban planning in Bangalore is largely governed by the
Karnataka
Town
and
Country
Planning
Act,
1961.
The
and
execution
of
town
planning
schemes
in
the
within
its
jurisdiction.
The
Bangalore
area
Planning
comprising
Authority
is
the
city
body
of
Bangalore.
corporate
having
The
extent
of
the
Local
Planning
Area
of
Bangalore
Karnataka
every
Town
Planning
and
Country
Authority
to
Planning
Act
mandates
prepare
an
Outline
area
falling
under
its
jurisdiction.
The
Outline
of
Outline
Development
Plan,
the
Planning
supersedes
the
Outline
Development
Plan.
The
Bangalore
Development
Authority
(which
is
the
body
common
corporate
seal
with
having
power
to
perpetual
acquire
succession
hold
and
on
dispose
name.
The
objects
of
the
Bangalore
Development
and
other
areas
adjacent
to
it
as
the
acquire,
hold,
manage
and
of
power
movable
and
expedient
for
the
purpose
of
Development.
The
detailed
development
schemes.
The
Bangalore
or
buildings
or
both
situated
within
its
distributed
about
64,656
sites
between
1945
and
According
Sites
Year
Sites allotted
1976-77
1977-78
1978-79
1979-80
1981-82
1982-83
allotted
12,270
10,764
4,050
450
703
1990-91
1991-92
1992-93
1993-94
1994-95
1995-96
625
625
625
1,521
1983-84
1984-85
1985-86
1986-87
1987-88
1988-89
1989-90
2,000
1,403
5,836
1,834
2,612
1,6485
4,655
1996-97
1997-98
1998-99
1999-2000
2000-01
2001-02
2002-03
1,581
1,350
8,000
15,000
15,000
process
of
acquiring
3300
acres
of
land
in
16
of
the
Arkavathy
layout.
It
has
further
Karnataka
Housing
Board
built
5506
houses
in
of
Bangalore.4 The
Karnataka
Slum
Clearance
Area Developed
29112.76
27547.25
Allotted
Area
Units
16062.1
9444
Vacant area
6826.49
8
In Bangalore the KIADB has acquired about 8493 acres of which it has developed
about 8314 acres for the formation of 19 industrial areas. Of this about 6016 acres has
been allotted to 2684 industrial units.
4
5
6
7
Presently the KIADB is involved in the formation of Electronic City Phase III (113
acres), Export Oriented Industrial Zone (EOIZ)/EPIP I and II Phase (540 acres),
Devanahalli International Airport (about 4276 acres) and IT Corridor (overall 18,290
acres8 though till now about 700 acres have been notified). There is also information
that the KIADB is proposing a self-contained residential township near Electronic
City over 750 acres of land.
Bangalore Metropolitan Region Development Act
As the State Government felt that there is no proper
coordination among the local bodies likes the Bangalore
Development
Authority,
the
Bangalore
Water
Supply
and
up
Metropolitan
Region
for
the
purpose
supervising
the
proper
of
and
Development
Planning,
orderly
Authority
coordinating
development
is
and
of
the
of
the
setting
up
of
the
Bangalore
Authority
The
grants
Bangalore
permission
for
Metropolitan
such
Region
Development
Authority
Development
plans
is
and
also
empowered
schemes
to
formulated
carry
by
it
out
and
City
Corporation,
the
Bangalore
Development
Karnataka
connected
Electricity
with
the
Board
and
development
the
other
activities
bodies
within
the
Land Law
Land Acquisition Act, 1894
The LAA was primarily used by the state to acquire land
for large development projects such as dams, mills etc.
The
ability
of
the
state
to
acquire
land
for
such
under
broadly the
the
powers
divisional
Act
and
cover
functions
commissioners,
the
of
following
revenue
deputy
areas
officers-
commissioners,
in
enquiring
functioning
into
of
cases
the
(quasi
Revenue
judicial
Appellate
of
land
revenue,
revenue
survey,
grants
of
land, Etc
More
specific
provisions
of
the
Act
deal
with
the
the
haphazard
growth
of
village
limits
and
the
Green
Belt
Area
should
be
given
for
any
other
purpose.
Core Problem:
The conflict that appears to emerge is between the bodies
of local self governance and the statutory authorities,
and it revolves around the core issue relating to control
over land and its planning.
The
Constitution
procedures
for
has
clearly
facilitating
laid
down
the
norms
and
the
decentralization
of
Within
this
lies
the
process
of
another
level
it
was
imperative
that
the
State
in
the
necessary
amendments
to
make
these
laws
in
would
imagine
Constitution
that
provide
such
an
clear
directives
unambiguous
account
in
the
on
the
municipalities
and
district
metropolitan
and
implementing
projects
in
centralized
These
Arkavathy
Infrastructure
projects
Layout
Corridor
include
(BDA),
(BMIC),
IT
the
International
Bangalore
Corridor,
Mysore
etc.
All
this, while the local bodies are even denied the power to
sanction simple housing projects or introduce any other
developmental projects.
This is a direct result of the apparent failure on the
part
of
the
government
of
withholding
devolution
the
overlapping
provisions
in
different
Acts
and
their
between
the
Panchayats
various
authorities
such
as
Revenue
Department,
etc,
and
the
at
Municipalities
BDA,
KIADB,
another
and
BMRDA,
level,
the
Municipalities
Karnataka
Industrial
Land
Revenue
Act,
Act,
Areas
Land
Acquisition
Development
Bangalore
Act,
Act,
Karnataka
Metropolitan
Regional
placed
plan
areas
for
Panchayats
situations
that
and
of
with
the
fall
necessary
in
the
Municipalities.
conflict
that
legal
sanction
to
jurisdiction
of
There
various
emerge
are
ranging
from
the
the
as
the
BDA
and
the
City
Municipal
Councils,
to
to
evolve
development
plans
affecting
directorate
help
the
Metropolitan
Planning Committee?
What
should
various
be
statutory
the
relationship
organizations
Karnataka
Industrial
Areas
Bangalore
Development
between
such
as
Development
Authority,
etc
the
the
Board,
and
the
the
Panchayats
unconstitutional
and
Municipalities
infringing
on
the
are
the
powers
of
these
organizations
in
Planning
Committee,
that
is,
the
for
Development
Plans
constitution
of
preparation
become
the
of
unnecessary
Metropolitan
Regional
after
the
Planning
Committee?
Same goes for the Bangalore Development Authority
and other such authorities.
These issues have to be resolved immediately conscious of
between
local
state
central
government.
3. Local government as a democratic institution of self
government.
These issues have been raised from time to time and the
state government is very evident of the same. To quote
from the report of the Committee on Urban Management of
Bangalore City9; The Constitutional Amendment envisages
that the municipalities may be endowed with such powers
and
authority
as
may
be
necessary
to
enable
them
to
contain
provision
responsibilities
has
empowered
functions,
bodies.
It
legislation
largely
upon
the
in
be
Legislature
and
structure
pointed
Karnataka,
incompleteAs
decentralization
devolution
Municipalities.
State
resources
must
for
envisaged
as
out
of
The
to
the
the
elsewhere,
result
in
the
the
and
Constitution
determine
of
that
powers
the
municipal
conforming
has
remained
objective
of
Constitutional