EVOLUTION OF

PLANNING
LEGISLATION IN INDIA
PLANNING LEGISLATION IN INDIA

Town planning norms & standards existed in India since the

era of Indus valley civilization- Harappa & Mohenjodaro.
Ancient Indian scriptures like Mansara Vastushastra describes
planning of towns & villages according to vedic principles.
It was during 18th century industrial revolution in England led
to establishment of cotton textile mills in Bombay
Migration of workers to these locations resulted in
degradation of living conditions & spreading of epidemics.
 As a result The Royal sanitary commission was appointed in
1863, whose report led to sanitary reforms in presidencies.
PLANNING LEGISLATION IN INDIA

Organized efforts for town planning started during British period in late
19th century.
During 1890 s city of Bombay was hit by a series of epidemics like
cholera, malaria & plague due to existing unhygienic congested living
conditions.
1898, The Bombay Improvement Act was passed recognizing the
connection between disease transmissions and overcrowding
Bombay improvement trust was created in 1898 with the goal of
improving the city .
In 1911 Calcutta improvement Act was passed & Calcutta improvement
trust was created
 The Municipal Act of 1920 created municipal bodies to provide
municipal services & civic amenities to towns.
PLANNING LEGISLATION IN INDIA

Sir Patrick Geddes’s visit to India in 1915 as per invitation of

governor of Madras, laid foundation for Town & Country planning
Acts in various states.
He travelled to various cities in India studied the problems
&submitted exhaustive town planning reports for 18 cities .
He also served as a professor of Sociology & Civics at Bombay
University from 1919 to 1925.
His theories on relationship between social structure & spatial form,
the connections between social development & physical environment
has greatly influenced Bombay Town planning Act of 1915.
PLANNING LEGISLATION IN
INDIA
1920-Bombay Town planning Act was passed ,followed by other
presidencies.
This led to creation of town & country planning departments in
these states.
Comprehensive planning system in India was inspired by Town &
country planning Act 1947of UK.
In 1947 town & country planning Act of India was passed based on
UK Act.
The concept of development plan was introduced in this Act. It
primarily focused on land use zoning.
Delhi development Act of 1957 is a major landmark in history of
planning as it led to planning for new satellite towns around Delhi
 PLANNING LEGISLATION IN INDIA

In 1962 central town & planning organization (TCPO) drafted the Model Town & Country
Planning Act OF 1962.
This was followed by various state Town & country planning Acts with modifications to
suit local conditions.
Provision for a comprehensive master plan for various urban areas was provided in this
Act.
This was revised by TCPO in 1985 as Model Regional and Town Planning and
development Law.
It introduced the concept of comprehensive urban & regional planning legislation in all
states & UTs.
Provision for setting up of metropolitan, regional and area planning and development
authorities for different urban & rural areas to prepare development plans and to enforce
& implement them.
PLANNING LEGISLATION IN
INDIA

A revised model regional and town planning & development

law 1991.
73 rd & 74 th CAA ,1992 was a major landmark
 3 tiersystem of panchayati raj,
 constitutional status to municipalities,
 formulation of DPCs &
 spatial planning responsibility to local bodies.
TOWN PLANNING ACTS OF
KERALA

Earliest planning legislation in Kerala is the Town planning

Act of 1108 ME (1938) applicable to Travancore-Cochin area.
It proposed formulation of a planning committee and
preparation & sanction of general and detailed town planning
schemes.
Madras town planning Act of 1920 passed by British govt. of
Madras & was applicable to whole of Madras presidency
This was applicable to Malabar region of Kerala
Proposed the creation of a Town planning Trust for carrying
out planning & development of the town.
 TOWN PLANNING ACTS OF
KERALA
The Town & country planning Act of 1120 ME (1945) applicable to
Travancore proposed the creation of city development authority.

In 1992 -73 rd & 74 th constitutional amendment act was

promulgated-provision for decentralized planning process, more
function & including spatial planning to LSGs like panchayat, muncipality
& muncipal corporation

Following this in 1994- Kerala municipality Act 1994 & Kerala

Panchayati Raj Act 1994 - made provisions for formulation of District
planning Committee (DPC) & Metropolitan Planning Committee (MPC),
but their functions not clearly detailed out.
TOWN PLANNING ACTS OF
KERALA
There was a need for unified town planning legislation applicable to
the whole state.
The Kerala Town and Country Planning Ordinance 2013 a unified law
for the entire state, has replaced the operation of Madras Town
Planning Act 1920 and other town planning laws of the colonial era.
Kerala Town and Country Planning Bill 2015 which seeks to promote
decentralized planning and development of urban and rural areas in the
State was passed & became an act in 2016.
KERALA TOWN & COUNTRY
PLANNING ACT- 2016

Kerala enacted the Kerala Town and Country Planning Act

2016 in 16th march 2016
It is prepared based on various national models and
recommendations of Government of India especially the
Model Town and Country Planning Law (Model Regional and
Town Planning & Development Law-Revised) formulated by
the Ministry of Urban Development (1996),  and Manual for
Integrated District Planning, Planning Commission (2008).
The focus of the Kerala Town and Country Act -2016 is spatial
planning. Socio-economic planning is not addressed in this Bill.
  PLAN RESPONSIBLE AUTHORITY

Local Plans/Master Plans/Detailed Respective Local  Governments

Town Planning Schemes

Regional Plans/District District Planning Committee

Development Plan

Metropolitan Area Development Metropolitan Planning Committee

Plan

State Perspective Plan State Town and Country Planning

Board
VARIOUS PLANNING
AGENCIES
The role of Department of Town and Country Planning is limited to technical
assistance to the DPC/LSGI with respect to spatial planning only.
Constitution the District Planning Committee has “to consolidate the plans
prepared by the Panchayats and the Municipalities in the district and to prepare
a draft development plan for the district as a whole.
Constitution the Metropolitan Planning Committee to prepare development
plan for a metropolitan region
Village Panchayat/Municipality (of Kerala) is considered as the basic planning
unit of Kerala in this Act.
ROLE OF PLANNING
AGENCIES
The Act has a provision of preparation of Master Plan for all Village
Panchayats and Municipalities of Kerala and thus it will check the so
called development of ‘rurban’, ‘periurban’ ‘suburban’ ‘urban
fringe’, etc.
When a Planning Unit exceeded the limit of the Local
  Government (LSG) area, there is provision of Joint Planning
Committee similar to DPC/MPC in this Act.
The Act also provides for the constitution of Development Authority
but not entrusted with any planning functions. Its function is
limited to land re-adjustment, land pooling, land banking, Transfer of
Development Rights, Accommodation Reservation, etc and a special
purpose vehicle for implementing high end projects.
State town & country planning
board
Constitution of state town & country planning board as the apex
authority for spatial planning in the state. This has the following
functions:
 advise the govt. regarding matters related to policy formulation,

development of rural and urban land in the state.

Advise DPC & MPC regarding matters related to spatial planning .
Co-ordinate, monitor & evaluate various spatial planning &
development activities under different govt. departments, quasi-govt
agencies and LSGs.
Preparation, publication & sanctioning of state perspective plan.
Department of Town and Country Planning

The Department with chief town planner as the head of the

department has the following functions:
Advise & render technical assistance to govt. in matters related to
spatial planning& implementation of relevant central & state
programmes
Advise & render technical assistance to state town & country planning
board, DPC,MPC, Development authorities, joint planning committees,&
LSGs in executing their functions related to spatial planning.
Advise & render technical assistance in scrutinizing various plans
prepared .
Department of Town and Country Planning

prepare & get prepared Master plans & DTP schemes in the event of
default by any planning agency or if directed by govt.
 provide required research input /studies for preparation of policies,
strategies, norms, standards & bye- laws, rules, guidelines for govt.
Provide man power training facilities related to spatial planning.
Perform any other functions related to spatial planning as directed by
govt.
District Planning Committee
(DPC)
Prepare development plan for a district as a whole which shall
comprise of long term perspective plan and short term execution plans.
To be done in consultation with LSGs, all govt. departments with
technical help from dept. of town & country planning.
Formulate goals, objectives, policies & priorities related to rural &
urban areas of district
 advise Govemment and Local Self Government Institutions on
identification of probable location of major investnent inputs which are
likely to have substantial impact on the development scenario of the
Districvstate.
Metropolitan Planning
Committee(MPC)
formulate development goals, objectives, policies and priorities in
matters relating to planning, development and use of rural and urban
land in the metropolitan area
 District Planning Committees will not have jurisdiction over such
Metropolitan Area.
 prepare or get prepared, a long term Perspective Plan & 5 year
Execution Plans, for the Metropolitan Area,
consult non-governmental institutions, organizations, and professional
bodies, if deemed necessary, in the preparation of Perspective Plan and
Execution Plan for the Metropolitan Area
Metropolitan Planning
Committee(MPC)
co-ordinate planning and development activities among the
Government Departments, Quasi-Government agencies within the
metropolitan area
 formulate policies and identify projects for integrated development of
metropolitan area level infrastructure and facilitate their
implementation through public, private or joint sector participation
monitor continuously the physical achievements of the investments
made by the various Local Self Government Institutions and Quasi-
Govemnent agencies within the metropolitan are
 sort-out matters relating to sharing of physical and natural resources
within the Metropolitan Area.
Role of LSG institutions
regarding spatial planning
 Municipal Corporation, Municipal Council, Town Panchayat or Village
Panchayat shall have the following additional functions:
 prepare or get prepared for the Local Planning Area or part there of a
master plan and execution plans
 implement all or any of the provisions contained in the Plans under this
Act by formulating and executing Projects, Land Pooling Schernes, Detailed
Town Planning Schemes or otherwise
promote, regulate and control land use and developmental activities in
the Local Planning Area as per the Plans under this Act
 set-up special function agencies, if necessary for specific functions such as
plan preparation, implementation of projects and guide, direct and assist
such agencies on matters pertaining to their respective functions; and
Development Authority
preparation and implementation of land re-adjustment or land pooling
or land banking schemes for the purpose of implementation of
projectsin the Development Authority area
promoting planned development is envisaged in the Plans for the
Development Authority area
co-ordination of implementation of Plans under this Act in the
Development Authority area
Land use/Development control regulations
(DCR)

On the publication of Master Plan or Detailed Town Planning Scheme

under this Act, on the Official Gazette intimating the fact of sanction of
the Plan by the Government,
no person shall use or cause to use any land or carry-out development
in any land, or change the use of land otherwise than in conformity with
the Master Plans and Detailed Town Planning Schemes
Several tools & techniques are adopted by implementing agencies to
enforce the proposals in the plan
Land Pooling/plot
reconstitution
Land pooling as a concept was first introduced in India under the
Bombay Town Planning Act, 1915 in the erstwhile Bombay Presidency.
Few decades later it became the basis of the Town Planning Scheme in
Gujarat.
States, such as Maharashtra, Gujarat, Tamil Nadu, Punjab, Andhra
Pradesh and Kerala have used this instrument as a viable alternative to
land acquisition.
Land Pooling/plot
reconstitution
The concept involves amassing small rural land parcels into a large
parcel, provide it with infrastructure and return approximately 60 per
cent of the redeveloped land to the owners after the development is
complete and appropriating the costs of infrastructure and public
spaces.
A subdivision plan is developed for a unified planning of the area.
Provision of infrastructure and services is financed by the sale of some
of the plots within the area, often for commercial activities.
The original landowners are provided plots within the reshaped area
which, although smaller in size, now have access to infrastructure and
services.
 Land Pooling/plot
reconstitution
Method to Transform irregularly shaped cadastral parcels to appropriate
plots to be used in more economical manner through Co-operative public
participation
Betterment tax
Betterment levies are a form of tax or a fee levied on land that has
gained in value because of public infrastructure investments. They are
considered the most direct form of value capture
For instance, if building roads, metros or airports with public money
leads to an appreciation in land prices in the vicinity of these projects,
then landowners enjoy a windfall gain.
Most States mandate levy of betterment tax at the time of granting
development permission under the respective Town Planning Laws.
Transferable Development
Rights
Transfer of Development Rights (TDR) is a voluntary, incentive- based
program that allows landowners to sell development rights from their
land to a developer or other interested party who then can use these
rights to increase the density of development at another designated
location.
“Transfer of development rights (TDR) is a market based zoning
technique that encourages the voluntary transfer of growth from places
where a community would like to see less development (called sending
areas) to places where a community would like to see more
development (called receiving areas).
Transferable Development
Rights
The sending areas can be environmentally-sensitive properties, open
space, agricultural land, wildlife habitat, historic landmarks or any other
places that are important to a community.
The receiving areas should be places that the general public has agreed
are appropriate for extra development because they are close to jobs,
shopping, schools, transportation and other urban services.
Transferable Development
Rights