SCHOOL OF ARCHITECTURE,

DR. K.N. MODI UNIVERSITY,

NEWAI, RAJASTHAN

DEVELOPMENT AND LEGISLATION

ASSIGNMENT - 3

ACTS FOR POVERTY AND HOUSING IN INDIA

SUBMITTED BY : SHIVANI CHAUHAN / 2016BAR014
SUBMITTED TO : AR. L.P. YADAV SIR

DEFINITION
Sustainable development is the idea that human societies
must live and meet their needs without compromising the ability
of future generations to meet their own needs.
It is economic development that is conducted without depletion of
natural resources.
When it comes to the
environment – what’s happening
in the legal system ?
The problem of environmental pollution can be dated back to the evolution of life on Planet Earth. Science and
technology, industrial growth, and exploitative resource consumption have brought about devastating
environmental impacts in places across the world. Some important acts have been introduced in the Indian Legal
system such as The National Green Tribunal Act 2010; The Air (Prevention and Control of Pollution) Act, 1981; The
Water (Prevention and Control of Pollution) Act, 1974; The Environment Protection Act, 1986; The Hazardous Waste
Management Regulations, etc. However, these laws are facing a severe problem of implementation at the ground
level, making many question the effectiveness and seriousness of environmental laws in the country. It was a
while before the Constitution added the “right to live in a healthy environment” under Article 21 explicitly.
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WHY ENVIRONMENTAL LAW ?
Introduction
• Environmental law means the laws that regulate the
impact of human activities on the environment.
Environmental law covers a broad range of activities
that affect air, water, land, flora or fauna. It includes
laws that relate to Protection of animals and plants.
• The need for protection and conservation of
environment and sustainable use of natural resources
is reflected in the constitutional framework of India
and also in the international commitments of India.

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DEFINITION OF ENVIRONMENT
•According to Section 2(a) of the Environmental
Protection Act, 1986, ‘Environment’ includes
a) Water, air and land
b) The inter-relationship which exists among and
between,
i) water, air, land, and
ii) human beings, other living creatures, plants,
microorganisms and property.

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 The word “slum” is often used to describe informal settlements
within cities that have inadequate housing and squalid, miserable
living conditions. They are often overcrowded, with many people
crammed into very small living spaces.

These settlements lack basic municipal services such as water,

sanitation, waste collection, storm drainage, street lighting, paved
sidewalks and roads for emergency access. Most also do not
have easy access to schools, hospitals or public places for the
community to gather. Many slums have been unserviced and
unrecognised for long periods, over 20 years in some cities.

Like all informal settlements, housing in slums is built on land that

the occupant does not have a legal claim to and without any
urban planning or adherence to zoning regulations. In addition,
slums are often areas where many social indicators are on a
downward slide; for example, crime and unemployment are on
the rise.

All slums are not the same, and some provide better living
conditions than others. Likewise, slum dwellers are not a
homogeneous population, but a diverse group of people with
different interests, means and backgrounds.

Slums are also a significant economic force. In many cities, as

much as 60 percent of employment is in the informal sector of the
urban population.

SLUMS
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WHY SLUMS ?
Today, more than one billion people in the world live in slums. In the
developing world, one out of every three people living in cities lives in a slum.
UN-HABITAT defines a slum household as a group of individuals living under
the same roof in an urban area who lack one or more of the following:

1. Durable housing of a permanent nature that protects against extreme

climate conditions.

2. Sufficient living space, which means not more than three people sharing
the same room.

3. Easy access to safe water in sufficient amounts at an affordable price.

4. Access to adequate sanitation in the form of a private or public toilet

shared by a reasonable number of people.

5. Security of tenure that prevents forced evictions.

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 Slums are not a new
phenomenon. They have been
part of the history of most cities,
particularly in the early years of
urbanisation and industrialisation
as populations boomed. Slums
are generally the only type of
settlement affordable and
accessible to the poor in cities,
where competition for land and
profits is intense.
There are two main reasons
why slums develop:
1. population growth and
2. governance.
SLUM DEVELOPMENT
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PREVENTION OF SLUM DEVELOPMENT
There are basic things a government can do to prevent new slums from
developing. One is to recognise that urbanisation is going to happen.
Sometimes governments believe that adopting alternative policies, such
as focusing on rural development, will stop urbanisation. This approach
is rarely effective.
Once governments accept the reality of urban growth, the next step is
to plan for it and determine where the new residents will live.
Authorities should identify land and plan for its settlement even if
money is not available for urban services. Once people settle on that
land and feel that they have a right to live there, they will begin
investing in it. Over time, the area will upgrade incrementally.

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 SLUM
UPGRADATION
ABOUT
Slum upgrading is a process through
which informal areas are gradually
improved, formalised and incorporated
into the city itself, through extending
land, services and citizenship to slum
dwellers. It involves providing slum
dwellers with the economic, social,
institutional and community services
available to other citizens. These
services include legal (land tenure),
physical (infrastructure), social (crime or
education, for example) or economic.
Slum upgrading is not simply about
water or drainage or housing. It is about
putting into motion the economic, social,
institutional and community activities that
are needed to turn around downward
trends in an area. These activities should
be undertaken cooperatively among all
parties involved—residents, community
groups, businesses as well as local and
national authorities if applicable.
The activities tend to include the
provision of basic services such as
housing, streets, footpaths,
drainage, clean water, sanitation,
and sewage disposal. Often,
access to education and health
care are also part of upgrading.
In addition to basic services, one
of the key elements of slum
upgrading is legalising or
regularising properties and
bringing secure land tenure to
residents.
Ultimately, upgrading efforts aim
to create a dynamic in the
community where there is a sense
of ownership, entitlement and
inward investment in the area
IMPORTANCE OF SLUM
UPGRADING:
The main reason for slum
upgrading is that people have
a fundamental right to live
with basic dignity and in
decent conditions.
On another level, it is in a
city’s best interest to upgrade
slums and prevent the
formation of new slums. If
slums are allowed to
deteriorate, governments can
lose control of the populace
and slums become areas of
crime and disease that impact
the whole city.
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 ✓The National Slum Development Program (NSDP).
PROGRAMMES ✓Valmiki Ambedkar Awas Yojana (VAMBAY).

UNDERTAKENBY ✓Indira Awaas Yojana (IAY).

✓Urban Ashraya Housing Program.
INDIAN GOVT ✓Mythri Housing Scheme.
FOR UPGRADING ✓Bhavanashree Housing Program.

SLUMS ✓Pune Municipality Sanitation Project

✓Nirmal Bharat Abhiyan.

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RENT CONTROL ACT 1999
MAHARASTRA
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WHAT IS RENT AND NEED OF RENT CONTROL ?
•Tenant – An occupier who pay money to the real owner of the premises.
•Landlord - Person who is compensated for renting out his premises.
•Rent – Payment made by the tenant to the landlord.
•The practice of imposing a legal maximum (rent ceiling) upon the rent in a particular
housing market, below the equilibrium rent is called rent control.
•The common thread running through Rent control Act and legislations is that they are
intended to serve two purposes :
a. To protect the tenant from eviction from the house ;
b. To protect him from having to pay more than a standard rent.

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RENT CONTROL ACT
MAHARASHTRA, 1999
Prior to Rent Control Act:
•Bombay Rent, Hotel and Lodging House Rent Control
Act for Bombay Region.
•The Central Provinces and Berar Act was prevailing in
the area of Vidarbha and
•Hyderabad House (Rent, Eviction and Lease) Control
Act 1954 was prevailing for Marathwada Region.
This Act has been enacted:
• To unify, consolidate and amend the law
•For encouraging the construction of new houses.
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 Enactment of the Act:
•Controlling rents so that they may not exceed beyond the
standard rent or the fair rate, as the case may be,
•Regulating the repairs of the premises which may be or are
RENT CONTROL demised and
•For encouraging the construction of new houses by assuring a
ACT fair return on the investments and to provide for the matters
connected with the purposes aforesaid.
MAHARASHTRA, WHY THE NEW LEGISLATION??

1999 •To bring rent control legislation in tune with the changed
circumstances.
•Appointed the Rent Act Enquiry Committee, generally to study
and examine the existing three rent control laws.
•Recommended that there should be one unified Act which would
extend to whole of the state.
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APPLICABILITY OF RENT CONTROL
ACT MAHARASHTRA, 1999
This Act shall apply to the
premises let for the purposes
of residence, education,
business, trade or storage in
the areas specified in
Schedule I and Schedule II
of the Act.
This Act defines premises
under Section 9 which
includes garden, ground,
garage and out houses. This
Act is also applicable to
premises let or given on
licence to government or
local authority
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SALIENT FEATURES OF THE
NEW ACT
The major changes effected by the new Act are as under :

1. The definition of 'premises' does not include land.

2. The Act does not make separate provisions for hotels and lodging house.

3. The Act applies to the whole State of Maharashtra.

4. The Act applies to buildings, structures, garages and outhouses.

5. Increase in rent by 4% per annum in respect of premises let for purposes

of residence, education, business, trade or storage.

6. Increase in rent for any improvement or structural alterations to premises.

7. Increase in rent due to alterations made or additional amenities provided.

8. Landlord can also charge fine, premium or deposit as consideration for

grant or renewal of a lease of any premises or giving consent thereto.

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IMPORTANT PROVISIONS
OF THE ACT
• As per Section 8, the Court may fix standard rent upon
an application made. (f) tenant has ceased to be in service/employment of
landlord
• As per Section 14, landlord should keep premises in good
repair. (g) bona fide requirement of landlord,

• As per Section 15, landlord is not entitled to the recovery
or possession of premises if tenant pays standard rent.
• Section 16 prescribes the occasions and the circumstances
in which landlord may recover the possession of any
premises, such as :
(a) damage to property,
(b) erection of permanent structure,
(h) bona fide requirement for carrying out repairs,
(i) demolition of premises for erecting new building,
(j) requirement for construction on terrace,
(k) demolition as ordered by municipal authority,
(l) the permission for construction granted by municipal
authority,

(c) Nuisance (m) rent charged by tenant for area sublet is in excess of
standard rent,
(d) quit notice issued by tenant
(n) Nonuser of premises for continuous period of 6 months
(e) subletting, preceding date of suit.
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CONCLUSION
The Maharashtra Rent Control Act has, to a great
extent, reduced the litigation period between the
landlord and tenant. The new Act contains
provisions to protect the honest and innocent
tenant as well as to safeguard the rights and
interests of needy landlord.

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 An Act to provide for the
ownership on an individual
apartment in a multi-storeyed
building and of an undivided
interest in the common areas
and facilities appurtenant to
such apartment and to make
such apartment and interest
heritable and transferable
and for matters connected
therewith or incidental
thereto.

APARTMENT OWNERSHIP ACT

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AFFORDABLE HOUSING POLICY - With focus on EWS & LIG

2009 HOUSING

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RAJASTHAN STATE HOUSING POLICY
The policy shall have the following objectives:
(a) To reduce the housing shortage, especially in EWS/LIG categories.
(b) To take up large scale construction of Affordable Housing
(c) To bring down the cost of EWS & LIG houses to affordable limits.
(d) To promote investments in housing in Urban Sector on PPP Model.
(e) To involve Private developers in the construction of EWS/LIG categories of houses
by offering various attractive incentives.
(f) To create Rental Housing as transit accommodation for migrants to urban areas,
and
(g) To check creation of slums.
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ELIGIBILITY FOR BENEFICIARIES/ APPLICANTS

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PROGRAMMES OF AFFORDABLE
HOUSING
General Housing Schemes for the
Schemes for Urban Slums
Urban Poor
a) General / Self financing / Specific Registration a) Basic Services for Urban Poor Scheme of
Schemes of RHB. Government of India under Jawahar Lal Nehru
Urban Renewal Mission (JNNURM).
b) Affordable Housing in Partnership (Government of
India scheme) b) Integrated Housing and Slum Development
Programme (IHSDP) of Government of India.
c) Incentive Schemes for the private sector
c) Affordable Housing in Partnership (Government of
d) Housing under new township policy (proposed) India scheme)
e) Allotment / Regularization of plots to urban poor by d) Rajiv Avas Yojana (GOI scheme).
urban local bodies.
e) Rental Housing
f) Rental housing.
g) Rajiv Avas Yojna.

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Thank you .

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