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Town Planning and Valuation Department (Government of Gujarat) Town Planning & Valuation Department
Government of Gujarat
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Town Planning History
Town Planning in Gujarat is as old as Indus Valley civilization. The archaeological findings and other related & relevant evidence, show that major part of the present Gujarat State, ranging from Lothal near Bhavnagar in south side to Dholavira near Rann of Kachchh on northern side, had been a part of Indus Valley civilization region. There are several sites already demarcated in this north eastern part of Gujarat, where the settlements of those eras had existed. Those settlements were planned mostly in gridiron pattern and had basic infrastructure like sewerage system, storm water drainage system and water distributing system. Thus, town-planning Activity in Gujarat can be dated back to Indus Valley civilization.
During the period ranging from 5th century to 19th century, several kingdom and dynasty ruled this region predominant being that of Solanki dynasty and Mugal period. During their period, though the city planning had an approach of defensive planning to protect citizens from the attacks of invaders, it did recognize various classes of people and their Activities, which were basic factor in planning and sector development. This could be termed as various zones, which were located at appropriate places having direct access from all directions of the settlement. The major administrative areas as well as trading areas were located in such a way that they can cater to the needs of town/city as well as hinterlands.
During the modern times, the organized efforts for the Town Planning started during British period, which not only provided legal support, but also provided a guideline for preparing planning proposals. The Gujarat State being a part of the then Bombay State, had enacted the Bombay Town Planning Act, 1915, which empowered the local authorities to prepare Town Planning Schemes for fast developing areas of the city or town. The Town Planning Scheme being micro level planning, it was very detailed reconstitution of each revenue survey number, but the planning used to be restricted to part of city. Therefore, a new legislation was enacted in the form of Bombay Town Planning Act, 1954, which empowered the local authorities to prepare Development Plans for city or town. With this new legislation, there was sudden increase in Town Planning Activities. Many local authorities undertook the preparation of Development Plan. Both these Acts provided much needed legal support, and also a guided process in preparing Development Plans or Town Planning Schemes. The important aspect of this process was public participation in planning. Every individual was given an opportunity to see the plan being prepared, review it and offer his objections or suggestions on planning proposal.
On 1st May 1960, the erstwhile Bombay State was bifurcated to form two States - Maharashtra and Gujarat. Both the States inherited the laws and Acts prevailing at the time of Bombay State. Meanwhile, both the States were enthusiastic to recognize fast developing economy of an independent nation and utilize the opportunities offered by such situation. This not only created a healthy competition in the development of the State, but also made the administrators and planners to think about new set of legislation, which could empower them in utilizing the available circumstances in the development of the State. The State of Gujarat therefore, enacted a new Act – The Gujarat Town Planning & Urban Development Act, 1976, which is a set of very comprehensive planning legislation. The Act encompasses wide range of planning, starting from regional planning at macro level to the Town Planning Scheme at micro level. The Act empowers the State Government to recognize, identify and delineate the areas, having potential for the development. Thus, the planning process was no longer attached with any settlement or local body.
In this era of rapid urbanization, with a large number of problems within urban areas, planning for future urban development is very essential. The general confusion of haphazard and non-conforming land use patterns, lack of adequate and efficient services / facilities and overall deteriorating environment demand for a systematic approach in the planning and development of urban areas.
Town Planning originated with the origin of human settlement. All over the world, human settlement were situated either on the bank of river or nearby river. Those settlements were related with commerce, trade, industries, social relations and administration, which in turn played important role in development of Town Planning with the purpose. Development of human settlement was first step towards better standard of living. These early human settlements are now transformed into towns & cities of today. These are based on three major purposes: (I) Defence (II) Trade & Commerce & (III) Social relationship. In pursuance of these purposes, the main aim of Town Planning is to provide better quality of life to the public.
At the end of 19th century and beginning of 20th century, technological development took place, which resulted into large-scale migration from rural areas to urban areas. It also gave birth to slums with increase in industries. As urbanization and its related economic Activities grew rapidly, urban land became scarce, which affected the development scenario, as well as deteriorated standard of living of the public. Therefore, to control the haphazard and unplanned growth, to encourage planned development and also to preserve the healthy environment, the concept of Town Planning was developed.
Sanitary Commission was established for Bombay, Bangalore and Madras in 1884. A Commission was set up to provide guidelines for public health and safety. In 1898, Improvement Trust was set up in the Bombay State. It was known as Bombay Improvement Trust. This trust was constituted to implement the schemes, which were financially profitable, under the constitutional provision. The trust enhanced the development of new areas, but neglected improvement of old area. So the main objective of public health and safety was not fulfilled.
In 1915, Bombay Town Planning Act was enacted in the Bombay State. Under this Act, number of Town Planning Schemes were prepared and implemented. Bombay, Pune and Ahmedabad have the distinction, of being developed through the Town Planning Schemes. The local authorities felt that Town Planning Schemes could only provide planning at micro level. So there must be another legal tool to plan at macro level, for overall city development. So, Bombay Town Planning Act, 1915 was replaced by New Bombay Town Planning Act, 1954. Both these constitutional Acts not only provided legal backing to town planning, but were instrumental in conceptual revolution to the town planning.
New areas were rapidly developed outside the limits of the urban local bodies, which needed to be otherwise developed in a planned manner. Therefore, the Gujarat Town Planning & Urban Development Act, 1976 were enacted. As a result, now the development beyond the city limit can be controlled. The urban planning in the State is a two level process. At macro level, the urban planning is conducted in the form of city development plan, or simply a development plan for the entire city area or the development area. The second level i.e. micro level urban planning is done, in the form of a Town Planning Scheme, which is prepared for smaller areas of the city, keeping in view the needs of such smaller area.
It is experience that any unplanned Activity proves to be aimless and instead of doing any good it may create a lot of problem and lead to chaos. Urban population increases at the rate of 3 to 4% per annum. Hence to accommodate the future population suitably, planning becomes very necessary to make provision for residence, to meet the requirement of transportation and labourers for industrial development in correct direction. Provision for commercial complex to facilitate the industries, provision for roads to ease the traffic and relocation and improvement of slums to ensure hygienic living to ensure systematic development, building regulations also becomes imperative as one of the components of the development plan.
Objectives of the Development Plan:
In accordance with the provisions of the Gujarat Town Planning & Urban Development Act 1976, objectives of the D.P. are:
To plan for residential, commercial and industrial development of newly developed areas in line with the National Policy.
To ensure smooth vehicular traffic by widening the existing roads and making provision for new roads in developed areas.
To provide street lights, water supply, dispensary for public health, parks and gardens in old cities and newly developed areas.
To provide site and requisite amenities for the development of trade and industry.
Maintenance and protection of places of historical and religious importance.
Proper planning of agricultural and wasteland lying idle for longer time and to make it habitable.
To inter-coordinate all the Activities to ensure heath, happiness and comfort.
To check and control haphazard and unauthorized development.
To improve congested and unhygienic localities.
The Development Plans (D.P.s) are prepared in the State as per the provisions of the Gujarat Town Planning & Urban Development Act, 1976. They are prepared by the Appropriate Authorities (Area Development Authority/Urban Development Authority) either constituted or designated for the "development area" declared by the Government under the Act.
The Draft Development Plan is prepared by the Appropriate Authority under Section 9 of the Act and is published under section 13, for inviting objections and suggestions. If any substantial modifications are required in the Draft plan, then these modifications are again published under section 15 for inviting objections and suggestions from the general public. After incorporating those modifications, the Draft development plan is submitted under Section 16 to the State Government for sanction. The State Government either sanction the Draft development plan with or without modification under section 17 or return it to the Appropriate Authority. If the State Government is of the view that substantial modification is required in the Draft development plan submitted by the Appropriate Authority, then the Government publish these modifications in the official gazette, and invite objections and suggestions from the public within the two months time limit, and after considering these objections and suggestions, sanctions the Draft development plan. The final development plan is to be implemented by the Appropriate Authority.
There are five specially constituted Urban Development Authorities for Ahmedabad (AUDA), Surat (SUDA), Vadodara (VUDA), Rajkot (RUDA) and Gandhinagar (GUDA). Also, there are eight specially constituted Area Development Authorities for Jamnagar (JADA), Bhavnagar (BADA), Vadinar (VADA), Bhuj (BHADA), Bhachau (BHADA), Anjar (AADA), Rapar (RADA) and Kevadia (KADA).
In addition, 90 municipalities have been designated as Area Development Authorities under the Act for carrying out the preparation and implementation of development plan. Twenty-Four gram Panchayats have also been designated as Area Development Authorities under the Act. Thus, there are 127 development plans under implementation in the State and other 10 development plans are under preparation.
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.
The mid-nineties witnessed liberal economic policies and the process of globalisation made Gujarat, a potential State for getting huge industrial investment, particularly along the coastal area. It was important that physical planning of the coastal area is undertaken at the regional level so as to have comprehensive planning tool. It was therefore, proposed to take the work of 10 sub-regional plans with the help of expert consultancy agency in the 9th Five Year Plan.
In the first phase, total of 5 sub-regional plans were undertaken viz.
Sr. No. Sub-Regional Plan Consultant Date of Agreement
1 Vadinar-Sikka School of Planning 22.3.1988
2 Bharuch-Ankleshwar Dalal Consultants 10.3.1999
3 Pipavav Dalal Consultants 10.3.1999
4 Alang-Manar-Bharpada Environmental Planning Collaborative 10.3.1999
5 Lakpat-Mundra-Mandvi Environmental Planning Collaborative 10.3.1999
In the next phase, another 5 Sub-Regional Plans were undertaken viz.
Sr. No. Sub-Regional Plan Consultant Date of Agreement
6 Dahej-Vagra School of Planning 21.3.2000
7 Padra-Jambusar Environmental Planning Collaborative 21.3.2000
8 Sanand-Kadi-Kalol GITCO 14.3.2000
9 Vapi-Valsad Dalal Consultants 18.3.2000
10 Halol-Kalol EMAC 21.3.2000
The reports of all these ten sub-regional plans have been submitted by the respective consultants to the Town Planning and Valuation Department.
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