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GR of Uptp
GR of Uptp
Prepared by:
JARIWALA POOJA BIPINCHANDRA (180420748006)
M. E. (TCP) – I, Semester – II
Rapidly urbanizing Indian cities need mechanisms to ensure that land is acquired, planned, and
serviced with adequate infrastructure and social amenities, to prevent the occurrence of
haphazard urban expansion and under-provisioned inner-city areas.Such mechanisms should
help government agencies recover their costs through land value capture, a method by which
agencies recover part of the increase in the value of private property after it is serviced by new
public infrastructure. Looking beyond the conventional practice of compulsory land
acquisition, this describes six state-led mechanisms to acquire, plan and service land along with
land value capture techniques. The unique background of each case is described, along with its
characteristics, process, strengths and challenges and the impact of each. The mechanisms were
found to have the potential to acquire, plan, and service land in infill contexts and urban
extensions; better implement city master plans; share financial risks with land owners and
private developers; and provide models to states. Although no one mechanism can be used
universally, these mechanisms can be adapted across different contexts with modifications.
In Gujarat town planning scheme, land can be acquired for providing open spaces, roads, parks,
recreation and parking spaces or construction, alteration and removal of buildings, bridges,
lighting, water supply, preservation of objects of historical or national interest or natural beauty
etc. The government authority temporarily brings together a group of land owners who
voluntarily pool their land. The GTPUD Act allows up to 50% of land pooled for public
purposes and the remaining land is returned as reconstituted final plots to the landowners. The
authority demands the increment in land values and contribution to be made by landowners for
the land value increments as betterment levies. Therefore, in TPS, as a compensation for the
surrendered land, the landowners get back a percentage of land as a reconstituted plot. Under
land pooling policy of Gujarat, rights of individual and group owners have been recognized as
they are compensated through developed land in proportion to surrender land. However, the
rights of landless people are unclear and subject to the discretion of the authority.
Advantages
The legal framework for Gujarat TPS provides a fairly strong, with built in schemes for
tabulation of plot details, its cost and compensation as well as provision for raising
objections and suggestions at various stages;
TPS ensure that owners receive reconstituted plots within their original sites and great
efforts are taken to ensure the same to a maximum number of people;
As TP scheme sits within the larger framework of the Development Plan, it is an approach
to accessing land and also serves as a revenue source to the development authorities.
Self-financing as revenues from sale of reserved plots, supplement betterment charges, and
act as a hedge against increase in construction cost.
Disadvantages
It is not suitable for quick and large scale development of land.
It does not have any provision for rehabilitation of the landless Project Affected
People(PAP).
Administrative/procedural delays and public appeasements, delay the implementation of
TPS within the stipulated time period. The process has become too centralized and time
consuming as powers to approve and sanction the various stages of TPS
It is observed that owners of the land at the urban fringes are not necessarily the poor rural
farmers.
Timelines proposed in the regulatory framework are far too long.
Figure 1 Flowchart for the Town Planning Scheme (TPS), Gujarat State
This land acquisition policy was for the development of new capital city as with the bifurcation
of Andhra Pradesh, the government decided to set up a Greenfield capital named Amravati
through a land pooling scheme, using the powers conferred through the Andhra Pradesh Capital
Region Development Authority Act 2014 and Andhra Pradesh Capital City Land Pooling
Scheme Rules, 2015.TPS of Gujarat strives to allocate final reconstituted plots to owners where
they lost it; this is not the case in LPS Amravati as land could be allocated elsewhere within a
5 km radius of the original land. In this LPS, land parcels owned by individuals or group of
owners are legally consolidated by transfer of ownership rights to the Authority, which later
transfers the ownership of a part of the land back to the land owners on completion of scheme,
through draw. As compensation to the land surrendered, the landowners get reconstituted land
based on the type of land and its ownership status. For every acre of land surrendered,
landowners get 25% of land in case of dry land and 27% in case of wet land. Families residing
in the areas under LPS are entitled to get monetary benefits such as one-time agriculture loan
waiver and interest free loans for a fixed amount to all poor families for self-employment. As
per the scheduled timeline in the LPS rules of Andhra Pradesh Capital City, the government
could build a land bank of about 33,000 acres using Land Pooling Scheme in less than a year
which is the largest experiment of land pooling scheme in the country.
Advantages
The mechanism has detailed provisions explaining the entire process which lays
pressure on completing the process in an efficient, systematic, participatory and time
bound manner;
The legislative framework for the scheme has provisions to seek consent from
interested parties or landowners to participate in the scheme and solicit suggestions and
objections from the landowners at various stages of the scheme;
The scheme upholds individual rights, group tenure rights and rights of the landless and
offers compensations to the landless families as well and ensures reconstituted plots in
proximity to the original land or within 5 kms radius of original plot.
Disadvantages
While the process is systematically described in the supporting legislations, the
provision for addressing the complaint is weak as there is no dedicated grievance
redressal technique and one has to approach the court in case of conflicting issues.
Figure 2 Flowchart for the Land Pooling Scheme (LPS), Amravati, Andhra Pradesh State
In Delhi, Land Acquisition, Development and Disposal Policy is in operation since 1961. The
new land policy introduced in 2013 is based on the concept of land pooling. This Land Policy
is adopted to ensure speedy development of Master Plan Roads, other essential infrastructure
and to ensure inclusive development by adequate provision of EWS and other housing as per
Shelter Policy of the Master Plan.
The Delhi Land Pooling Policy, DDA acts as a facilitator with minimum intervention and
allows land owner or a group of land owners or developer entity (DE) to pool land. DE is
responsible for assembly and surrender of land to DDA. Thereafter, preparation of layout
plans/detailed plans as per the provisions of the Master Plan and the policy and seeking
approval from the DDA starts, once the land is allotted to it which is within 5km of original
land.
The DE will have to develop sector roads/internal roads/services, infrastructure facilities,
roads, parks etc. Prescribed built up space/DU for EWS/LIG housing component has to be
returned to DDA as per the Policy by the DE. The DE will also be responsible for the timely
completion of development and its maintenance with all the neighbourhood level facilities till
the area is handed over to the concerned Municipal Corporation for maintenance. According
to Delhi Land Pooling Model, for land assembly and development with DE, two categories
have been proposed for land assembly. If the pooled land is 20 Ha and above, 60% of the land
will be returned by DDA and if it is below 20 ha (but above 2 ha) 48% of the land will be
returned. Under land pooling policy of Delhi, rights of individual and group owners have been
recognized as they are compensated through developed land in proportion to surrendered land.
However, the rights of landless people are unclear and subject to the discretion of the authority.
This scheme is yet to take off due to administrative delays.
Advantages
1. Infrastructure is provided in coordinated way.
2. Partial cost is recovered through betterment charges.
3. Land for public and community purposes is acquired without direct expenses.
4. Landowners share the project cost and benefits by increased property prices.
Disadvantages
1. Delay can take place in process of preparation, approval and implementation specially
relating to transfer of land to DDA and vice versa.
2. DE is uncertain about the place where land will be allotted to them for development.
Figure 3 Flowchart for the Navi Mumbai Airport Influence Notified Area (NAINA) Scheme,
Navi Mumbai,
JDM of Haryana enabled through Haryana Development and Regulation of Urban Areas
(HDRUA) Act, 1975 formulated to regulate ill-planned and haphazard urban growth in
Haryana, permits private developers a formal entry into the process of urban development. This
act allows private developers in collaboration with the Haryana Urban Development Authority
(HUDA) to carry out large scale land development works in the urban areas of the state.
The private developer obtains land in specified area from the landowners directly at negotiated
market prices and applies for a license to colonize. The authority enquires about extent, location
and title etc. of land and the conformity of the proposed scheme with planning proposals. The
authority grants license to the colonizer and he prepare layout plans for concerned areas,
considering the space norms specified in the city’s development plan. The trunk infrastructure
amenities are developed by the HUDA using the external development charges paid by the
colonizer. Social facilities have to be constructed by the private developer.
Additionally, the private developer has to reserve land for roads, open spaces and common
facilities. The private developers have to maintain roads, open spaces, public parks and public
health services for five years from the date of issue of completion certificate. Such
developments are transferred to the government free of cost to competent authorities. As per
Govt. policies dated 08 and 09.02 2016, the colonizer shall provide 12% area of the colony free
of cost to the Govt. for EWS housing. The colonizer will transfer 10% area of the licensed
colony free of cost to the Govt. for provision of community facilities.
Advantages
Provision of housing for the economically weaker sections is integrated into the
development of group housing and plotted colony development.
The model ensures that adequate educational, health, recreational and cultural amenities
as per the norms provided in the Development Plan of the Area provided by private
developer.
By bringing in private developers in urban development works, the financial burden of
developing infrastructure amenities is transferred from the Govt. to the private
developers.
Disadvantages
Being a land development model only, the mechanism does not have provisions for
skill development or other compensation strategies for those whose land is taken by
developers.
Figure 4 Flowchart for the Joint Development Model (JDM), Haryana State
India has a land planning history that dates back since 1824. Initially the process was
strategized by the British government to make available land for public infrastructure and
services. Though the legislations have been amended several times the procedure remains the
same. Land pooling, reconstitution and plotting are land management tools which needs to be
effectively shaped to achieve a planned development. The study points out that the basic ideas
and principles are been used under different names supported by various legislations in parts
of India for the past 20 decades. A single process consolidating the pros and eliminating the
cons of all these techniques supported by a strong legal set up need to be modeled which could
be applied to all Indian cities. The success of TPS in Gujarat shows that similar schemes with
modifications can be applied to all other Cities in India.
Land is a free gift of nature. But the critical factor associated with land is its relative scarcity.
Planning and management can play a significant role in the fulfilments of future land needs.
Planning potentially has the ability to orchestrate a number of tools so that land supply and
land demand can be brought into balance.
Ansari, Jamal H. 2001. “Urban Land Management Policies in Asian Cities.” Paper
presented at a Seminar for Securing Land for Urban Poor, Fukuoka, Japan. In Securing
Land for Urban Poor. United Nations Centre for Human Settlements (Habitat) and
United Nations Economic and Social Commission for Asia and Pacific, 35-49.
Chari, Mridula. 2015. “Land Pooling Strategy for the New Andhra Capital Could
Become a Model for India’s Smart Cities.” Scroll.in, August 12.
State-Led Alternative Mechanisms to Acquire, Plan And Service Land For
Urbanisation In India, By Rejeet Mathews, Madhav Pai, Tintu Sebastian, and
Souhardhya Chakraborty - Jul 2018