TP7203 PLANNING LEGISLATION AND PROFESSIONAL PRACTICE

STATUTORY CONTROL AS A
POSITIVE TOOL IN
PLAN PREPARATION AND IMPLEMENTATION
BY

ALBERT RAJA N P
REG NO: 2018803003
 CONTENTS

 Introduction

 Plans with Statutory Backup

 Plan Preparation Process

 Classification of Statutory Support

 Conclusion

 Reference

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 INTRODUCTION

 Planning is public activity any thing that

is done for the people requires a legal
support
 Planning involves land and money
 Without legal support plan preparation
and implementation is impossible .
 From plan preparation till enforcement
legal support is needed at various
stages.

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 PLAN WITH STATUTORY BACKUP

All over India commonly FOUR plans are considered legally which are
 Regional Plan
 Master Plan
 Detailed Development Plan
 New Town Development Plan

Power needed by the respective planning authority is

different and all these planning authority derives the
required power for plan preparation and implementation
from legislation

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 Plan Preparation Process
Declaration of Planning
Area

Constitution of Planning
Authority

Preparation of Plan

Consensus and Notification

by Government to Publish

Approval and Declaration

of Plan

5/15 Enforcement and

Implementation
 STATUTORY SUPPORT
PRIMARY SECONDARY
• Declaration of Planning • Land Acqusisition
Area
• Constitution of Authority • Finance
• Notification of Draft Plan • Environmental protection
• Approval and Declaration
of Approved Plan
• Implementation
• Enforcement

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 Primary Statutory Control

Declaration of Planning Area

 GOVT can declare any area with in the state as

planning area.
 It gives GOVT an upper hand to declare the
required area as a planning area.
 Without Statutory control GOVT need to get
the permission of the land owner prior to
declaration.

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 Plan Authority

 Constituting the planning authority for Planning area

requires legal support.
 Power to prepare the plan for the area and also to
control development in that area.
 In case of NTDA, power has to be ceased from the
local authority and handed over to the NTDA in order
to avoid overlapping of powers.
 All these activities are very crucial and difficult to
achieve which are only possible because of Legal
support.

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 Notification
 Draft Plan submitted to the government is notified
and published in the GOVT Gazattee after GOVT
consents.
 Publication in two major Dailies to invite objection
and suggestion.
 Draft Plan gets the Power on the day of Publication
on the Government Gazattee.
 Publishing in the GVOT Gazattee requires a legal
support.
 Because from the date of notification all the coming
development has to confirm to the Plan.
 This notification and controlling development requires
a legal support.
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 APPROVAL AND DECLARATION

 GOVT can approve the plan and declare the approved

plan in the GOVT Gazatte.
 Approved plan gets the power to control the
development.
 Because of the legal support only GOVT can approve
the plan for the planning area.
 Because of the legal support only GOVT can declare
the approved plan in the GOVT Gazette.

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 Enforcement

 For enforcing development legal support is very much

needed.

 Enforcement

 Controlling the development and Land Use.

 Approving the development.

 Publishing Notice and Punishing unauthorised development.

 Lock and seal.

 Removing unauthorised development.

With legal support only all these enforcing actions are possible
otherwise plan itself became meaning less.

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 SECONDARY
LAND ACQUISITION

 Law gives the provision to acquire the land for

development with the help of Land Acquisition Act.

 Law helps in getting in-between the Land Acquisition

process instead starting from the scratch.

 Law also gives a provision to purchase the land by

bargaining under GOVT concern.

 Acquiring land from people to implement the project

is always a pinnacle task because of this legal
provision it becomes a bit easier

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 FINANCE

 Money is essential for implementing the project

 Money needed for implementation is mostly raised from
the development charges, Infrastructure Charges,
Penalties and fines.
 Development and charges and Infrastrcuture are
collected because the Law provides a provison to a local
authority and a planning authority to collect these
charges.
 Law also provide a provision to charge the developer with
penalities and fines once the development breaks the
Law.
 Also gives a provision to use all these collected fund for

13/15 Implementing Plan.

 ENVIRONMENTAL PROTECTION

 Environment is the very essential factor, impact on the

Environment has to be minimised while implementing the
development .

 Any development which is proposed by the GOVT or

Private organisation must not pollute the environment.

 Many laws and rules are formulated to protect the

environment.

 When the development is not going along with the

environment these rules and Laws can be used to control
or stop the particular activity.

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 CONCLUSION

 Without statutory back plan preparation and implementation is

unthinkable.
 From Declaration of the Planning Area till the Enforcement of the
Plan requires legal support.
 GOVT and Planning Authority gets a power because of the
provision in the legislation so they can do their functions.
 Without legal support bringing a controlled development is
impossible.
 Legal support is a essential one in enforcement otherwise the plan
stays only in paper.
 Law provides good frame work on development and Infrastructure
charges. So collection of charges becames the legal one.
 Law also provide a power to stop or remove the unauthorised
development so it will the Planning authority in controlling the
15/15 unauthorised development.
 REFERENCE
 Tamil Nadu Government. Town and Country Planning act
of 1971, September, 1973.
 Town and Country Planning Organization. Government of
India Ministry of Urban Development, URDPFI
GUIDELINES VOL 1, January, 2015, pp 37,47.
 Red Deer County. “www.rdcounty.ca”.

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