PRESENTATION

ON
LEGAL AND INSTITUTIONAL
FRAMEWORK FOR URBAN DESIGN

SUBMITTED TO: SUBMITTED BY:

Ar. SUMIT KAUR HIMANI TARIYAL
Ar. SWATI BEHL UPPAL MANPREET HANSPAL
Ar. RANDEEP KAUR SHWETA BATHEJA
SUSHMITA PATWAL
 WHAT ARE PLANNING LAWS?
Planning laws sets out the ground rules for land use planning describes how land
uses may be controlled, and who may control them.

The Laws are passed by our elected provincial representatives to:

• Promote sustainable economic development within a provincial policy framework.
• Provide for a land use planning system led by provincial policy.
• Provide for planning processes that are fair by making them open, accessible,
timely and efficient.
 NECESSITY OF PLANNING LAW AND
LEGISLATION
During the last few decades there is phenomenal growth in the population in the
cities and towns. There is also migration of rural population, as a result we see today
overcrowding, congestion, deterioration and haphazard development in most of our
cities and towns. The work involved in planning due to this enormous growth,
improvements and extensions of towns, is so complex that some of the
municipalities, found it difficult or are unable to carry on these works effectively.

The foremost problems these urban areas are facing are

• the shortage of housing
• resulting in squatting on public lands
• encroachment, un-controlled settlement
• increased densities in built-up areas
• limited road network
• shortage of public utilities and community facilities etc.
 EVOULTION OF PLANNING COMMISION IN
INDIA

Before independence, certain planning legislations were introduced in different parts

of India.

• Sanitary Commission (1864)

• The Bombay Improvement Trust (1898)
• The Bombay Town Planning Act (1915)
• Model Town Planning Act (1957)
 Sanitary Commission
An agency under the name of “Sanitary Commission” charged with the responsibility
of town improvement was formed in India in 1864. In the same year Sanitary
Commissions were set up in Bombay, Madras and Bengal, which had been appointed
by Britain in 1859.
Its objective was to give advice and assistance in matters relative to public health and
sanitation, to advise on the sanitary improvement of native towns and prevention and
migration of epidemic diseases.

The Bombay Improvement Act

It compelled the government to adopt proper measures for the removal of insanitary
dwellings, overcrowding and to carry out the necessary sanitary improvements so as
to secure better living conditions for the people. It was formed in 1898.
 The Bombay Town Planning Act
It was enacted in India in 1915.
Its main objectives were:
• To prevent formation of slums to provide healthy dwellings.
• To take active measures to make life more comfortable for the poor and middle
class people.

Model Town Planning Act

The old enactments were found to be ineffective to tackle many of the city problems,
hence it was necessary for a new legislation. For this purpose Model Town Planning
Act was enacted in 1957.
It provided only the basic guidelines with regard to town planning legislation,
leaving it to the States for implementation to satisfy their requirements.
 Development Control
Without control over development and use of land and building, no planning will be
successful.
The objectives of Development Control are as follows:
• To control private development as per the required standards in relation to public
health, safety and convenience.
• To encourage private interest with public interest in all the aspects of
development.
• To prevent the conflicting demand and misuse of land.
• To control and prevent overcrowding on land.

Development Control is statutory in nature and the planning authority has the power
to punish the defaulters.
 LAND ACQUISITION ACT
• For urban development , land availability and its controlled use is important
• Thus an act was passed in 1961 with the right to acquire the land by state for public
utility
• Basic principle : to give priority to the welfare of community, companies and private
interests.
• Paying proper compensation before acquiring land by state.
• Act deals with public interest as benefitting community, company interest as
buildings ,standing trees , crops etc.
 FEATURES OF L.A. ACT
• It comes under sections :
• Section 4(1): Publication of preliminary notification and powers of officers
thereupon
• If acquiring a land, a notice in the govt. gazette is declared and passed on to
locality.
• On publication of notice, office on charge has to conduct survey for levels and set
boundaries.
• If for company acquisition, power is assigned by govt. to their personnel.
• Officer has to submit report to deputy commissioner within 3 months.
• Section 5.Payment of damage
• Officer must pay damage fee to owner and in case of fee dispute case is forwarded to
CHIEF REVENUE OFFICER.
• SECTION 5-A : Hearing of objection
• Any person interested in that land has to file an objection before preliminary notice.
• SECTION 6: Declaration of intended acquisition
• If section 5-A report to govt. is satisfactory the land is acquired and final notice has
to be published within 3 yrs of prior notice.
• SECTION 9: NOTICE TO PERSONS INTERESTED
• Deputy commissioner shall give notice to people interested in land acquisition with
details about :
• Land particulars
• nature of ineterest in land
• claims of compensation.
• SECTION 11: AWARD BY COMMISSIONER
• After award is made, commissioner acquires the land which comes under govt.
possession .
• Section 17: SPECIAL POWERS OF POSSESSION
• Any waste land can be acquired if there is river ,land for railway, traffic maintenance
etc.
• SECTION 18: REFERENCE TO COURT
• Intersted people not satisfied with award can report to commissioner within 90 days of
issue notice.
• SECTION 23 : COMPENSATION MEASURES
• for standing crops
• Damage of land
• Immovable property damage
• Change of residence
• MODEL TOWN PLANNING ACT (1957)
• Act is needed for:
• Creating favorable conditions for urban redevelopment, rural area to provide civic
amenities and planning.
• Prevent uncontrolled development of land.
• Future growth to improve health.

• FEATURES:
• The act has board which consists of –
• Chairman- the minister in charge of town planning.
• Vice chairman- minister of state
• Board members- dept. of finance, planning , health.
Board functions in a way as :
 Advising the local planning authorities on use of rural and urban land in state.
 Preparing reports.
 State govt. can declare any area to be a planning area but not the military cants.
 State govt. then specify the date w.r.t. present land use determination .
Planning authority must prepare master plan in 2 stages:-
1. Preparation of outline development plan. Within 2 years it has conduct survey for
boundary determination.
2. Detailed master plan.
Finance programme shall then be worked out as:-
1. Recurring income – municipal contribution, stamp duty , annual ground rent, govt.
share.
2. Non-recurring income – premium from sale of plots, betterment contribution,
abondment charges.
Different types of Development Control that are exercised by the planner are:
• Town and Country Planning Act
• Zoning Regulations
• Slum Clearance Act
• Building Bye-Laws
• Periphery Control Act
• Land Acquisition Act
 ZONING
Zoning is defined as the creation by law, of the Sections or Zones such as residential,
commercial, industrial, civic, institutional and recreational in which the regulations
prevent misuse of land and buildings and limit their height and densities of
population differing in different zones.

IMPORTANCE OF ZONING

• Zoning is an important adjunct of any town planning.

• Zoning sets apart different areas in the town for specific purposes.
• It prevents encroachment of one zone upon another adjacent to it.
• The population is distributed throughout the town by zoning regulation.
• Height zoning regulates the height of building.
 CLASSIFICATION OF ZONING
Generally zoning is classified as under:
• Use zoning
• Height zoning
• Density zoning
USE ZONING
The main principle of use zoning is to divide the city into different sections or zones,
and utilizing of each zone to the right purpose and in correct location.
Under use zoning the town is divided into various sections or zones for specific
purposes as :
I. Residential zone
II. Commercial zone
III. Industrial zone
IV. Civic zone
V. Institutional zone
VI. Recreational zone
 RESIDENTIAL ZONE
• This is the most important zone where the people live together in large number.
• It covers an area of 40% to 50% of the total land.
• Should be located in peaceful surroundings
• Should have a certain amount of privacy

COMMERCIAL ZONE
• It covers an area of 2% to 5%.
• Consists of markets, ware-houses, godowns, business offices, banks etc.
• Should be located near the centres of traffic and as far as along the road-sides.
INDUSTRIAL ZONE
• It covers an area of 5% to 20%.
• Next to residential zone so great care should be exercised.
• It is further divided into sections containing minor, light, medium and heavy
industries.
 CIVIC ZONE
• It covers an area of 2% to 3%
• Contains all the public buildings like townhall, court, public libraries, museum,
auditorium, bank etc.

INSTITUTIONAL ZONING
• It covers an area of 1% TO 2%.
• Contains schools, colleges, institutions etc.

RECREATIONAL ZONING
• This is planned in the remaining area of the town, usually 15% to 20%.
• Important zone since it provides healthy environment for the people.
 HEIGHT ZONING
• Besides the use of land, there are other factors such as height, volume of the
building, which need to be controlled.
• Tall buildings impair the value of small neighbouring houses by cutting off
sunshine, air, breeze etc. and thus make the small houses unsuitable for
inhabitation.
• It does not allow the tall buildings to grow near by buildings of lesser height.
• It controls the setbacks from roads.
DENSITY ZONING
• The population per unit area or acres is defined as the density of population.
• It governs the density of population.
• As population is distributed throughout the town, it promotes healthy conditions.
• It prevents over crowding.
THANK YOU