MODULE ON TOWN PLANNING SCHEMES

1. Introduction

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. Guided land development program is used in the north part of India for
supply of urban land, but failure in commitment from private developers/colonizer, it is about to
fail in concept. The Town Planning Scheme has been 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. It is basically an area planning
technique patterned on the concept of land re-adjustment. Disadvantages like time-consuming
process, land revenue and title problem, land speculation fails to attract other states developers.
The above statements are given by researchers in their research papers. Statistical analytical
approach to evaluate basic three policies like land acquisition, guided land development and land
pooling and readjustment methods with performance indicators has same kind of interpretation. In
this paper some interpretation of statistical analysis has been highlighted. Town planning scheme
current practices and amendment require for sustainable development is also suggested. Land
revenue and land development are like a two sides of a coin which complement each other, and a
new methodology is proposed to overcome the land revenue issue in urban land management.
Legal implications and amendments to the existing policies / guidelines are also discussed with
case studies to justify research.

2. Town Planning Schemes

Town Planning scheme (TPS) is also known as Land pooling and Re-adjustment method. Through
this method, the public planning agency or development authority temporarily pool together a
group of landowners for the purpose of planning, under the aegis of the state-level town or urban
planning act. As there is no acquisition or transfer of ownership involved, issues pertaining towards
compensation are avoided. The process for preparing a TPS is prescribed in GTPUDA, 1976, and
its Rules. It is quite a complex and long process.
A master plan of the area is prepared, laying out the roads and plots for social amenities. The
remaining land is reconstituted into final plots for the original owners. The size of the final plot is
in proportion to the size of the original plot, and its location is as close as possible to the original
plot. A betterment charge based on the cost of the infrastructure proposed to be provided is levied
on the landowners. Infrastructure is then provided utilizing these funds. The percentage of
deduction of land for infrastructure development under the guideline by the government is as
under.

Area less than 1000sq m – 30%

Area between 1000sq m to10000sqmt -35%

Area above 10000sq m -40%

As per the evaluation of existing TPS, it was found that it is on an average 33% of lands are
received for infrastructure development in this methodology. For sustainable infrastructure
planning and development in the area, this is practically very less and demands for more land to
be added. . Hence, a higher ratio of land towards infrastructure development is required.

3. Current Practices and Sustainability Failure

From 1970 to 1985 the urban practitioners became planning conscious. Then after for one and half
decade a new concept of environmental planning became more popular. In a country like India,
where urbanization is soaring the application of sustainability planning has become imperative.[3]
As stated earlier different models are being practiced in India as land management is a state subject
and the same is covered under different policies and acts passed by state assemblies. Unfortunately,
the intentions of legal provisions are good, but the sustainability aspects are silent during actual
implementation. Gujarat is one of the prosperous states from industrial development as well as the
rate of urbanization, but the urban centers, have failed to exhibit sustainability from urban
expansion and urban infrastructure provisioning point of view. Similarly, Maharashtra, which is
neighboring state of Gujarat which is also flourishing by lips and bow, but the legal provisions of
land development, could not bring results for holistic sustainability.
4. Innovative Practices

As per the evaluation studies land pooling is best performance techniques for supply of urban land,
but at a same time it has failed to supply titled urban land to the end users. Land acquisition is a
good technique for planner’s point of view, but at the same time it has failed due to the longer time
frame and higher ratio of unsatisfied land owner on the aspect of compensation. An approach to
combine both the tools may lead to a new dimension of land management. Some of the
modifications in land pooling methodology and acts are desirable to frame a new policy. Few
changes in the acts and a combination of techniques will give free hands to planners for more
infrastructural space. The interest of Original land owners accounting for appropriate
compensation shall also be one of the key objectives of the new approach. This is the first step of
towards sustainable infrastructural planning and inclusive growth in Developing India.

A. Incentive Model

All the construction carried out in TPS area is controlled by GDCR (General Development control
regulation) in Gujarat. The basic Floor Space Index (FSI) offered in all major districts is (1.8)
which is uniform across the area. However, in this model higher FSI is offered to the land owner
whose land was acquired for infrastructural development. The incentive FSI is offered on the basis
of deduction in TPS area.

B. Transfer of Developmental Rights Model

TDR model allows landowners to sever the building rights from a particular piece of property and
sell them. Purchasers are usually other landowners who want to increase the density of their
developments. Local governments may also buy development rights in order to control price,
design details or restrict growth. TDR model strives for two main goals. First, communities can
use TDR programs to preserve open space, agriculture, historic buildings or housing. And
secondly, TDR programs make such preservation more equitable and politically palatable by
compensating landowners who lose the right to develop their property. Since TDR uses deed
restrictions or conservation easements to sever and extinguish development rights, public values
such as open space and historic buildings are permanently protected. In contrast, zoning rules can
change over time and with new administrations. TDR means making available certain amount of
additional built up area in lieu of the area relinquished or surrendered by the owner of the land, so
that he can use extra built up area either himself or transfer it to another in need of the extra built
up area for an agreed sum of money. Thus TDR is a tool to make FSI./ F.A.R. dynamically
marketable and thus TPS carved dynamically gives more space and a free hand to the planner.

Following observations were made at the time of appraisal of the existing town planning schemes.
Smaller final plots are involved in illegal construction and having higher density in smaller
areas.

Expenses towards infrastructure for a smaller size plot is comparatively more than for the bigger
plots.

More parking problems and traffic congestion are found in smaller final plot area.

Due to multiple numbers of smaller plots, substantially reduces the capacity of water supply and
drainage pumping station due to zigzag design.

As per the provisions as no C.O.P [common plot area] for area < 2000 sq. m is to be provided
results in lack of basic amenities by private developers/ colonizer.

Although, from the planning perspective with a sustainable development objective, it is clear that
TPS with bigger size plots are more suitable, on the contrary, elimination of smaller plots from the
town planning scheme area is a bigger issue from the land owner point of view as it is a matter of
compensation and ownership rights. Two alternate methods of compensation are commonly used
in other states of India.

i. Valuation of land as per the prevailing land acquisition Act which shall be close to 3 to 4 times
of Jantri (circle) rate, and

ii. TDR /DRC Certificate [Transfer of development rights, Development right certificate]

In the Indian Urban area context, land acquisition is relatively a lengthy and legal process,
therefore it is wise to choose alternative options which are tenable under the law and acceptable to
the beneficiaries. The 2nd option is one of the successful tools used in other parts of the country
for land aggregation. An existing TPS was evaluated and the following observation was made:

i.8 - 9 % average land area is less than 2000smt. In TPS area,

ii. These areas include 15 to 20% infrastructural costs,

iv. Zigzag road network and less width of road.

It means we can reduce the 15 % infrastructural cost with 8% of extra land for infrastructural
facilities. It would also give the planner a free hand for designing town planning schemes, if TDR
is offered to the land owner whose land area is less than 2000sq m.

C. Revenue Model

At the time of evaluation of existing town planning scheme, it was found that more than 20% or
sometime 40% land has new tenure land in TPS areas. In revenue language these all are
government land, but used for agricultural purpose by [Ganotio] land owner. These are because of
Ganotdharo act rule 43.

The government recently announced to receive a premium of 40% of land price for development
carried out by landowners. More than 10% - 15% of land is vacant without development due to
revenue court matters in each TPS and at the same time infrastructure was developed by
government local body in these areas. Towards the dedication of land for TPS development, deduct
such land up to 60% instead of 40% rule under town planning act 1976. These extra 20% land will
used for infrastructural development.

Benefits to government:

i. Availability of extra land [resource] without land acquisition

ii. Land at cheaper rate.

Benefits to stakeholders:

i. Easy conversion of new tenure land to old tenure. In tradition method, it takes nearly 2 years for
approval.

ii. Fast development without investment

iii. Avoiding legal matters. Out of 100 revenue cases 40 are due to new tenure land.

All together the combination of incentives, TDR and Revenue model can be used for Master
planning in 300ha. [Approximate 3 TPS] shall result in a sustainable development in Indian cities.
Land is a resource, but urban land is like a platinum resource for each and every country. This
research tries to develop several models using a combination of rules under the town planning acts.
Increasing supply of urban land is more focus for infrastructure development in countries like
India.Smart model hasthe capacity to supply nearly 20% more land towards infrastructural
development with optimization of the cost of infrastructure.