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Town Planning and Valuation Department (Government of Gujarat) Town Planning & Valuation Department
Government of Gujarat
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Micro-Level planning (Town Planning Schemes)
The planning proposal of the broader level is proposed in Development Plan prepared for the Urban Area, This proposal given broadly areas under different use zones, reservations for different purposes and road, infrastructure network. These proposals are required to be implemented after making detailed projects, & for individual cases. The implementation of the same is through other Laws such as land acquisition Act.
Most States in India use the method of bulk land acquisition. In this method, land is acquired in bulk by the development agency under the Land Acquisition Act, and compensation is paid to the land owners on the basis of prevailing land price Roads and infrastructure are then provided using government funds or loans- Lastly, serviced plots are sold for urban uses at market rates. In this case the increment in land value goes to the development agency, not the original landowners. Moreover the process takes considerable time for implementation and required large chunk of money. Whereas in the case of the provision in the Gujarat Town Planning & Urban Development Act, 1976, The chapter of Town Planning Scheme is a built in provision of the Act to implement planning proposal, without going through the procedure of another Act.
The basic concept of Town Planning Schemes is pooling together all the land under different ownerships and redistributing it in a properly reconstituted form after deducting the land required for open spaces, social infrastructures, services, housing for the economically weaker section, and road network. This process enables the local authority to develop land without fully acquiring it and gives it a positive control over the design and the timing of the urban growth. This method is extensively practiced in Gujarat and Maharashtra, selectively in Kerala and occasionally in Andhra Pradesh and Tamil Nadu.
To achieve the ultimate objectives of the Development Plan, Town Planning Schemes are prepared giving micro-level planning for smaller areas of about 100 hectares that are already under pressure of urban development. Town Planning Schemes are conceptualized as a joint venture between the local authorities and the owners of the plots who voluntarily agree to pool their land, redistribute that land among them and share the development costs.
The conventional approach to land acquisition, even for public purpose, has become a time consuming process. Sometimes it leads to unending litigation and encourage speculative tendencies. The acquisition process besides being time consuming also becomes cost prohibitive while on the other hand the owners, whose lands are acquired, feel that they have not been adequately compensated. The Town Planning Scheme is being followed as an alternative method to assemble the land for urban development Activities in a faster and financially affordable manner without taking recourse to compulsory acquisition of land. Town Planning Scheme (TPS) is in operation in some of the States of Indian Union in the form of plot reconstitution. It is basically an area planning technique patterned on the concept of land re-adjustment. In the State of Maharashtra, which is a pioneer in the field of TPS it is implemented under the Maharashtra Regional and Town Planning Act, 1966. In Gujarat, it is implemented under the Gujarat Town Planning & Urban Development Act, 1976.
In Gujarat, Town Planning Schemes as an instrument for urban development has a long history. The first Town Planning Scheme was taken up as early as in 1917 for Jamalpur area of Ahmedabad city. Perhaps Jamalpur area Town Planning Scheme was also the first TPS in the country. The Bombay Town Planning Act, 1915 provided for growth and development of various parts of the city which facilitated taking up Town Planning Schemes. The Act was modified and re-enacted in 1954 which made it obligatory for each local authority to carry out a survey of the area within its jurisdiction for preparation of development plan. With the re-organization of States in India in 1956, Gujarat was carved out as a separate State. After re-organization the State government enacted a separate Law known as the Gujarat Town Planning & Urban Development Act, 1976. This Act provides for Town Planning Scheme in detail. Under this Act the Town Planning Scheme is divided into 2 parts namely physical planning of the scheme and financial aspects of the scheme. It identifies the stages of TPS in the form of Draft Scheme. It identifies the stages of TPS in the form of Draft Scheme, Preliminary Scheme and the Final Scheme with a view to expedite the process of implementation of different stages.
Legal provisions for TPS in the Gujarat Town Planning & Urban Development Act envisage a socialistic and transparent approach for preparation and implementation of Town Planning Schemes. The concept of TPS is akin to land pooling technique in which lands of different owners is pooled together and after proper planning the same is redistributed in a properly reconstituted plots after deducting the land required for open spaces, social infrastructure, services, housing for the weaker section and street network. The process enables the local planning authority to develop the commonly pooled land without compulsorily acquiring the same. It facilitates the freedom of planning and design and the control on the growth and development. The practice of TPS is extensively in use in the Gujarat State.
In order to implement the Master Plan / Development Plan prepared under the Gujarat Town Planning & Urban Development Act, 1976, Town Planning Schemes are prepared at micro level for an area of about 100 hectares particularly in those pockets which are under pressure of urban development and need priority attention. The concept behind taking 100 hectares is that TPS becomes manageable and viable scheme for preparation and implementation at local level. The scheme is conceptualized as a joint venture between the local authority and the owners of land, who voluntarily agree to pool their land, redistribute the reconstituted plots of land among themselves and share the development cost. For preparation of scheme land parcels with common ownership are marked with original survey number / plot number on a map. All such original plots form one area for planning purpose. In the layout plan taking out the area for roads and streets and public and semi-public spaces the remaining area is planned in regular plots known as final plots. The final plots though reduced in size better in shape, build ability and accessibility are allocated to the land owners preferably in close proximity to their original plots. The owner also gets compensation for the area reduced for public spaces and roads. Since the reconstituted plot has the better accessibility and good potential for development, its value gets enhanced. The difference between enhanced value and the original value is liable to get. Part of such increment in land value is contributed for the cost of development work in the scheme. Under the Act it is clearly provided that the landowners will get the net amount of the increment value of the plot worked out after deducting the amount of compensation payable for the loss in area.
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