Documente Academic
Documente Profesional
Documente Cultură
2011
21/03/2011
Project Report On
“INTEGRATED TOWNSHIP PLANNING”
Ammaar Shaikh
2009A63
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- Township Planning
- Legal aspects
- Environmental aspects
- Infrastructure Aspect
- Land acquisition for township
Approved/Rework/Not approved:
Signature: Name:
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Table of Contents
Acknowledgment ...................................................................................................................4
Preface....................................................................................................................................5
Executive Summary.................................................................................................................6
Objectives of report................................................................................................................8
Part 1-External factors/issues of Integrated Township
Chapter 1-Introduction........................................................................................................9
Chapter 2-Merits/Demerits of Integrated Township..............................................................
Chapter 3-Financing Integrated township..........................................................................16
3.1-Domestic Financing options
3.2-Foreign Financing options
Chapter 6-Challenges........................................................................................................35
6.1-Muncipal compliances
6.2-Legal compliances
6.3-Financial risk
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Acknowledgement
Whatever we do, there is someone who helps us to achieve our goals, complete
our targets or simply inspire us. This project too has been the result of many
such inspirations, a lot of support and helps from my guides.
“THANKS” is not a word enough to express my gratitude or appreciation to
them. But still I can do without saying that word over and over again.
I take immense pleasure in completing this project and submitting the final
research report. It has been full of learning.
During the actual project work, Prof.Vivek Date & Prof .Prakash Waknis has
been the source of inspiration through their constant guidance; personal
interest; encouragement and help. I convey my sincere thanks to them. In spite
of their busy schedule they always found time to guide me through the project.
I am also grateful to them for reposing confidence in my abilities and giving me
the freedom to work on my project.
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Preface
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Executive summary
There are many factors that are involved which have led to the shift in demand
for townships which is to be a self-contained town having all the modern civic
amenities required by city – dwellers like power, water, roads, garbage
management, hospital, school, parks, swimming pools, recreation centre, gym,
ground for outdoor games, restaurant, hotel, shopping mall, cinema hall,
auditorium, higher learning institute, transport facilities etc it would not
depend on the Government for amenities.
There are external factors and internal factor that play an important role in
development of Integrated Township. The major external factors are the
government role and steps taken to promote development of such townships.
Financing these projects is one of the major concerns .There are several routes
of financing such projects .In India the prime source of finance has been
Commercial Banks. Other financing mechanisms include domestic capital
market; foreign investments; bilateral and multi-lateral financial agencies; and
private sector participation. But after removal of barriers for FDI investment it
has been is one of the most desired routes for developers to raise finance for
their projects.
Foreign Direct Investment (FDI) has been recognized as one of the important
drivers of the economic growth of our country .As per the policies of the
government issued in 2005 which opened up the window for FDI investments in
development of integrated township has played an important role.
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For the developers it necessary to understand the challenges that are faced in
development of integrated township so that necessary steps can be taken to
overcome such difficulties. The major challenges are the legal /municipal
compliance planning, political support, financial risk involved etc.
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Thus this report provides an in-depth analysis of the different facets of
Integrated Township and highlights the key issues involved.
Objectives
Primary Objective
Secondary Objective
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Part1-External Factors/Issues OF Integrated Township
1) Introduction
Integrated townships are usually developed and sold in phases, which is why
one doesn’t need to incur all the expenditure in one go. Everything in an
integrated township needs to be self-sustainable. Many companies across India
are planning such large scale, integrated townships, using IT as their peg.
And it is not only in tier-I cities that developers are equally bullish but also on
tier-II cities, and the reason is availability of land on a larger scale and at a lower
price.
Also, if the land cost is too high, there might be a situation where the cost of the
end-product might push out middle-class buyers.
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Integrated townships have essentially been housing projects offering a
combination of row houses, villas, bungalows and group housing—all with
essential urban infrastructure and amenities— at differential price points to
consumers. Today, townships have evolved to include all the ancillary facilities
like commercial premises, hotels, recreational and retail services, along with
other amenities. However, there is no standard definition of integrated
townships from a regulatory standpoint.
Most of the township developer had taken loan from certain bank within India
and foreign counties. Foreign Direct Investment (FDI) in India has registered
growth in terms of both FDI flows in India and outflow from India. The FDI
statistics and data are evident of the materialization of India as both a potential
investment market for township construction planning, residential property,
and commercial property, hotel projects, IT Park and investing country. To take
foreign loans there are certain rules and policy to be followed by the developers
through automatic route or approval route.
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India top township city:
• Bangalore
• Delhi- NCR
• Mumbai
• Lucknow
• Kolkata
• Jaipur
• Chandigarh
• Chennai
• Pune
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Major Townships in Maharashtra
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2) Merits/Demerits of Integrated Township
• Townships are help to end the housing shortage, and provide a better
standard of living to all sections of the society. Staying in townships gives
the residents a feeling of living in the countryside, with all the benefits of
the city.
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• Integrated Township has low-risk investment due to its diversification and
low entry cost with larger upside potential and a great place to stay,
excellent infrastructure, and more.
• Financing-As the finance required for such projects is very high, raising
finance is expensive due to which this cost is transferred to the customers
who have to pay higher amount for the flats.
• Such projects sometimes face delays in delivery because of their scale due
to which customers may not get their possession of their flats on the
stipulated time.
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3) Financing Projects
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• Domestic Capital Market
The corporate bond market is of immense significance for financing
infrastructure development. In India, however, the use of domestic
market funds has been somewhat restricted due to the
underdeveloped domestic capital market. Although RBI has taken
measures over the last decade to strengthen the bond market, the
development of the corporate bond market is far from satisfactory.
The chief problem area is that, in India, corporate bonds have short
maturity period, within five years, whereas the funding requirements
for an infrastructure project is usually for a period of over ten years.
Hence, it is not ideal for funding the long-run requirements of such
projects.
• Foreign Investments
With the integration of the financial markets across the world, an
alternative avenue has opened up for financing the long-term capital
requirements of infrastructure projects. In India, initially, the flow of
foreign funds was primarily in the form of short-term portfolio
investments rather than long-term foreign direct investments. In order
to encourage the flow of foreign funds into the infrastructure sector,
the Finance Ministry has allowed the Foreign Institutional Investors
(FIIs) also to invest in unlisted companies. FIIs can now invest 100
percent of their funds in the infrastructure sector in India. This move is
aimed at helping infrastructure companies as they are not in a position
to list their shares in the initial phase. Further, in a bid to make the
core sector attractive for FDI, automatic clearance for foreign
investment (not requiring the approval of the FIPB) was first
introduced for infrastructure sectors like power and roads. Currently,
100 percent FDI is allowed under automatic route in the infrastructure,
with the only exception of telecom (49 percent).
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• Bilateral and Multilateral Financial Agencies
In the wake of the recent global financial crisis and tightening of the
credit from commercial banks and bond markets, multilateral financial
agencies are emerging as the preferred lenders for infrastructure
developers in India. Institutions such as the World Bank and the Asian
Development Bank (ADB) are protected from the global crisis to an extent
because they raise funds from their member nations and bond markets.
However, companies cannot directly borrow from most bilateral and
multilateral lenders and often have to get proposals cleared from
government departments.
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3.2) Foreign Funds Financing Option
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ECB Policy for the purpose of developing Integrated Township:
• The ECB Policy was modified in May 2008 to allow the infrastructure
companies to raise up to $100 million from overseas markets at
comparatively lower interest rates.
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• The RBI allows ECB in real estate projects involving integrated townships
of 100 acres or more. In real estate projects, a large portion of money is
required for land acquisition, which is classified as working capital. But
end-use restrictions like not allowing ECB money to be used for working
capital will take away its attractiveness.
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4) Government’s role and support.
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d) Bulk power – electricity and gas-The Government will provide reliable supply
of electricity with adequate capacity for load based on the use and scale of the
Township. The cost of the dedicated electricity mains from the nearest
electricity source to the Township will be borne by the Developer. The
electricity supplied will be charged (EDC) on the basis of actual consumption at
cost-plus rates. The agreement for supply will have provisions for minimum and
maximum off-take.
The supply of gas will be based on location and availability of a gas main in the
vicinity of the Township.
If in the residual land, some Government land is present, the same will be sold
at market rates provided such lands form pockets within the project area, and
not continuous pieces. In the case of Private Lands such residual land will be
assembled through compulsory acquisition, or consent award or by way of
negotiated purchase.
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5) FDI (Foreign Direct Investment):
The definition of FDI originally meant that the investing corporation gained a
significant number of shares (10 percent or more) of the new venture. In recent
years, however, companies have been able to make a foreign direct investment
that is actually long-term management control as opposed to direct investment
in buildings and equipment.
Foreign Direct Investment (FDI) has been recognized as one of the important
drivers of the economic growth of our country. Government has, therefore,
been making all efforts to invite and facilitate FDI and investment from Non
Resident [NRIs- which also includes Persons of Indian Origin (PIO)] to
complement and supplement domestic investment.
Foreign Direct Investment in India is allowed through four basic routes namely,
a) Financial collaborations,
b) Technical collaborations
c) Joint ventures,
d) Capital markets via Euro issues, and private placements or preferential
allotments.
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5.1) Eligibility for Investment in India:
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5.2) FDI Policy:
Foreign direct investment is freely allowed in all sectors including the services
sector, except a few sectors where the existing and notified sectoral policy does
not permit FDI beyond a ceiling. FDI for virtually all items/activities can be
brought in through the Automatic route under powers delegated to the Reserve
Bank of India (RBI), and for the remaining items/activities through Government
approval. Government approvals are accorded on the recommendation of the
Foreign Investment Promotion Board (FIPB).
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• RBI has granted general permission under Foreign Exchange
Management Act (FEMA) in respect of proposals approved by the
Government. Indian companies getting foreign investment
approval through FIPB route do not require any further clearance
from RBI for the purpose of receiving inward remittance and issue
of shares to the foreign investors
• For inward remittance and issue of shares to NRI up to 100 per cent
equity also, prior permission of RBI is not required. These
companies have to file the required documents with the concerned
Regional offices of RBI within 30 days after the issue of shares to
NRIs.
b) Existing Companies
Besides new companies, automatic route for FDI/NRI investment is also
available to the existing companies proposing to induct foreign equity.
For existing companies with an expansion programme, the additional
requirements are that:
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All activities which are not covered under the automatic routes cited
above. Government approvals for FDI/NRI through the FIPB (Foreign
Investment Promotion Board) shall be necessary. Any change in sectoral
policy/sectoral equity cap is notified from time to time by the Secretariat
for Industrial Assistance (SIA) in the Department of Industrial Policy &
Promotion.
• For seeking the approval applications in form FC-IL for FDI other than NRI
Investments and 100% EOU should be submitted to the Department of
Economic Affairs (DEA), Ministry of Finance
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• Plain paper applications carrying all relevant details are also accepted. No
fee is payable. The following information should form part of the
proposals submitted to FIPB: -
o Whether the applicant has had or has any previous/existing
financial/technical collaboration or trade mark agreement in India
in the same or allied field for which approval has been sought; and
If so, details thereof and the justification for proposing the new
venture/technical collaboration (including trade marks).
o Applications can also be submitted with Indian Missions abroad
who will forward them to the Department of Economic Affairs for
further processing.
• Foreign investment proposals received in the DEA are placed before the
Foreign Investment Promotion Board (FIPB) within 15 days of its receipt.
The recommendations of FIPB in respect of project proposals involving a
total investment of up to Rs. 6 billion are considered and approved by the
Finance Minister. Projects with a total investment exceeding Rs. 6 billion
are submitted to the Cabinet Committee on Economic Affairs (CCEA) for
decision.
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5.4) Condition for FDI for development of Integrated Township:
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• Land with assembled area for peripheral services such as police stations,
milk booths will be handed over free of cost to the Government / local
authority / agency as the case may be.
• The Developer will retain the lands for community services such as (i)
schools (ii) shopping complex (iii) community centers (iv) ration shop (v)
hospital / dispensary. These services will be developed by developer
himself and shall be made operational before the houses are occupied.
• The developer will ensure the norms and standards as applicable under
local laws / rules.
• Complete at least 50% of the integrated project within five years from the
date of obtaining all clearances.
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5.5) Merits/Demerits of Foreign Direct Investment:
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• Linkages and spillover to domestic firms- Various foreign firms are now
occupying a position in the Indian market through Joint Ventures and
collaboration concerns. The maximum amount of the profits gained by
the foreign firms through these joint ventures is spent on the Indian
market.
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b) Demerits of FDI in India: FDI has been a booming factor that has bolstered
the economic life of India, but on the other hand it is also being blamed
for ousting domestic inflows. FDI is also claimed to have lowered few
regulatory standards in terms of investment patterns
• At times it has been observed that certain foreign policies are adopted
that are not appreciated by the workers of the recipient country.
Foreign direct investment, at times, is also disadvantageous for the
ones who are making the investment themselves.
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6) Challenges of integrated townships
Any township development project the municipality will usually command .The
following project inputs
• Land falling within the public environment such as road reserves, public
open spaces and allied access and services servitudes. In many cases
vacant land set aside for social infrastructure will also vest with the
municipality.
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• Recruiting the best possible legal expertise at the beginning of the project
process.
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Since property investments are typically based on long-term return periods and
because fixed investment cannot simply be packed up and moved elsewhere,
sound investment decisions are based on an assessment of the risks involved
and a calculation of the trade-off between risk and profitability. Pre-investment
risk assessments generally cover issues such as:
• Crime: What will the trends be? Will the authorities be able to manage it?
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7) Township Planning
Criteria for Special Township Area Requirement. - Any suitable area having
sufficiently wide means of access (not less than 18 mt. wide) can be identified
for the purpose of development as “Special Township”. The area notified under
the Special Township shall be one, contiguous, unbroken and uninterrupted and
in any case shall not be less than 100 acres at one place which shall not include
the area under the following
• Forest, water bodies like river, creek canal, reservoir, lands falling within
the belt of 500 mt. from the HFL of major lakes, dams and its surrounding
restricted area, lands in the command area of irrigation projects,
• Land falling within the belt of 200 mt. from the historical monuments and
places of Archeological importance, Archeological monuments, Heritage
precincts and places, any restricted areas,
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Zone/area, quarry Zone and recreational tourism zone catchment areas of
water bodies.
AS per the Gujarat Town Planning Norms the following are the factors
taken into consideration.
a) Land use mix-The basic land use mix is related to the classification of
Townships by use and to the minimum criteria for eligibility, wherein a
minimum proportion of built-up area is to be allocated to the proposed
economic activity. In addition to this, land use norms will cover
compatibility of adjacent uses, integration with transportation network,
distribution of service facilities and provisions to ensure social
inclusiveness.
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• On-site Physical Infrastructure-The norms for provision of physical
infrastructure will cover the following:
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a) Location Clearance. - The proposal for development of Special Township,
along with details of ownership of land or Development rights of lands in
the proposal scheme, site plan, part plan of sanction regional plan, shall
be submitted to Government in Urban Development Department for
grant of location clearance.
Upon receipt of such proposal, depending upon the merits of the case,
location clearance may be granted by Government u/s 18/2 of MR&TP
Act.
This location clearance will be valid for one year from the date of issue
and if within such period the letter of intent and final approval is not
taken or not applied for, such clearance/approval will stand lapsed unless
it is renewed by Govt. for sufficient reasons. Application for renewal has
to be made to Govt. before expiry of one year.
c) Layout and building -Layout plan showing all details of area utilized under
roads, open spaces for parks, garden and playground amenities. in
respective field and team .Detail layout plan, building plans of all
development with area headed by an Architect of all sector and individual
plots and built up area/FSI proposed should be submitted.
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d) Final Approval- The Developer shall submit the layout plan of the entire
township area, sector-wise detailed building plans and details of phasing,
for final sanction The developer shall also submit an undertaking and
execute an agreement about development and maintenance of basic
infrastructural amenities in future with bank guarantee of 15 of its
development costs.
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8) Legal Issues/Policies of Integrated Township
The overall planning of the integrated township shall be such that the project
adequately meets detailed norms and specifications including the following as
per the Maharashtra Town Planning Act 1966:
• Residential
• Commercial
• Educational
• Amenity Spaces
• Health Facilities
• Parks, Gardens and Play Grounds.
• Public Utilities.
• Transportation
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b) Commercial - The commercial area shall be properly distributed in
hierarchical manner such as convenient shopping, community centre etc.
The commercial area shall be suitably distributed within the township
area, providing for ease of trade / commerce / shopping / community
utilities / centers.
d) Amenity Spaces. - The area allocation for amenity space providing for
amenities like market, essential shopping area, recreation centers, town
hall, library etc. should not be less than 5 of gross area and should be
evenly placed. The area allocation for amenity space providing for
amenities like market, essential shopping area, recreation centers,
cultural community centers, town hall, library, etc., shall be not less than
10% of gross area with even placement.
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f) Public Utilities. - Appropriate area allocation should be provided for (a)
power receiving station/ substation, (b) water supply system, (c)
sewerage and garbage disposal system, police station Public parking, (f)
cemetery/cremation ground, (g) bus station, fire brigade station and
other public utilities as per requirements.
g) Parks, Gardens and Play grounds. - The township shall also provide
adequate area as parks/ gardens/play grounds. This should be exclusive
of the statutory open spaces to be kept in smaller layout and should be
distributed in all residential clusters. This 20% area should be developed
by the developer for such purposes and kept open to all general public. At
least 15% of the total area shall be provided for parks / gardens / play
grounds. This shall be exclusive of the statutory open spaces to be kept in
smaller internal layouts and shall be distributed evenly in all residential
clusters and the access shall be kept open to all general public.
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All such roads shall be developed by the developer as per IRC standards and
road widths as given below:
Government of India has announced its policy to permit 100% Foreign Direct
Investment (FDI) for development of integrated township. In order to
encourage private investment in housing sector and to facilitate housing at
affordable prices, the following incentives will be available for projects under
Special Township Area:-
• Non-agriculture permission will be automatic.
• Government Land falling under township area shall be leased out to the
developer at the current market rate.
• The condition that only agriculturist will be eligible to buy agriculture land
shall not be applicable in Special Township Area.
• There will be floating FSI in the township. Unused FSI of one plot can be
used anywhere in the whole township.
• The stamp duty rates applicable in the Special Township area shall be 50%
of prevailing rates.
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Special Concessions
• Floating FSI. - There will be floating FSI in the township. Unused FSI of one
plot can be used anywhere in the whole township.
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a) Prevailing regulations of sanctioned Zonal Plan shall be applicable, except
those expressly provided in these guidelines.
• The total built up area / FAR of entire gross area of the township, will be
determined for different zones. Inter-se flexibility will be permitted to the
developers in deployment of the overall FAR within the components of
township for commercial exploitation. Height of building shall be as
specified in Zonal Regulation
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• Special Township– The total built-up area/FSI of entire gross area of the
Special Township in urbanisable zone (U-2) & Green Zone (G1, G2) will be
0.5. There will be no limit of total built-up area / FSI for the development
of individual plots.
• 50% of the gross area of the project shall be kept open while the project
of Special Township shall be executed on the remaining 50% land with
gross built-up area/ FSI of 0.50 worked out on the entire gross area of the
project.
• As regards 50% of land which is required to be kept open, the same shall
be made free of encumbrances and no development except town level
open amenities shall be permissible thereon.
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In every Special Township proposal the structural designer of developer
has to submit declaration with project report to Collector / Planning
Authority about the construction of building
The following shall not be included in covered area for built up area and
F.S.I. calculations:-
• Area covered by the staircase rooms for stair flights of width 0.75 m. &
above, in case of row housing & pent houses and duplexes, 1 mt. in case
of residential building, 1.2 mt. & above in case of commercial (mercantile)
buildings, 2.00 mt. & above in the case of public & semi-public building,
subject to payment of premium in consultation with Town Planning &
Valuation Department. Area covered by lift room for a building with
height up to 16 mt.
• Stilt floor space (exclusively for parking space) constructed under building
of maximum cleared height 2.4 mt. and which shall be open at least from
three sides.
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• In special Township schemes at the rate of minimum 150 trees per ha.
And 400 trees per hectare .respectively shall be planted and maintained
by the developer
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9) Environmental Clearances
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• Scoping – For Category A and B1 projects-TOR for EIA to be issued by
EAC/SEAC. Scoping not required for item 8 category projects Appraisal
based only on Form1& 1A.
• Public Hearing- Not applicable to all projects under Item 8 (even Cat. B1)
• Appraisal-For Item 8 Projects based on Form 1 & 1A (Cat. B2) + EIA Report
for Cat. B1.To be done by SEAC within 60 days of receipt of complete
application. To be placed before Competent Authority within next 15
days
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• Pending cases-provisions may be relaxed by MoEF or continued up to 1
year no relaxation in list of Schedule I.
• The Township shall provide at least 15% of the total area as park /
garden / playground with proper landscaping. The open spaces
designated in the Township shall be duly developed and maintained by
the developer and handed over to the BMRDA/LPA free of cost after full
development of the township. This amenity shall be open to general
public without any restriction or discrimination.
• In addition, the developer shall provide a green belt of 15 meters on
either side of the main roads and of suitable width in respect of other
roads.
• In the Economic infrastructure Zone/ Residential Zone and No
Development Zone, trees at the rate of a minimum 150 Nos. and 400 Nos.
per hectare shall be planted and maintained by the developer.
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10) Infrastructure Requirements
The entire Township should be an integrated one with all facilities within the
boundaries of declared townships. All the onsite infrastructure, i.e. roads,
including R.P. roads, approach road, street lights, water supply and drainage
system shall be provided and maintained in future by the developer till urban
local body is constituted for such area and the developer shall also carry out
development of amenity or proposals, if any designated in the Regional plan, in
accordance with the prevailing regulations.
a) Water supply. - The developer shall be required to develop the source for
drinking water (excluding the groundwater source) or secure firm
commitment from any water supply authority for meeting the daily water
requirement of minimum 140 liters’ per capita per day exclusive of
requirement of water for fire fighting and gardening. The storage capacity
of the same shall be at least 1.5 times of the actual required quantity as
determined by expected population (Resident and Floating) and other
uses. The developer would be required to develop proper internal
distribution and maintenance systems and shall specially undertake rain
water harvesting, groundwater recharging and waste water recycling
projects within the Township.
b) Drainage and Garbage disposal. - The developer shall make suitable and
environment friendly arrangements for the disposal and treatment of
sewage and solid waste as per requirements of Maharashtra Pollution
Control Board. Recycling sewage for gardening shall be undertaken by the
developer.
The developer shall develop Eco-friendly garbage disposal system by
adopting the recycling and bio-degradation system in consultation with
Maharashtra Pollution Control Board.
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c) Power - The developer shall ensure continuous and good quality power
supply to township area. The developer may draw the power from
existing supply system or may go in for arrangement of captive power
generation with the approval from concerned authority. If power is
drawn from an existing supply system, the developer shall before
commencement of development, procure a firm commitment of power
for the entire township from the power supply company.
d) Social infrastructure
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• Road network: A well-planned road network both within the township
and connecting to the nearest highway or main road is built, thereby
easing communication.
• Food courts: Good quality and hygienic food courts with ample menu
options should be established within the townships to cater to the
taste buds of all types of residents.
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11) Land Acquisition
Land is one of the biggest resources of any country. The Government has to
acquire land from the private individuals for setting up various infrastructure
and other public purpose projects as well as developmental activities. Whereas
the sovereign power of every State has the authority to appropriate land for the
public purpose, every subject has the right to be heard before he is deprived of
his property by the State. This is recognized as a legal right as per article 300A of
the Constitution which provides as under:
Whereas land and its management is under the State List, Acquisition and
requisitioning of property falls under the Concurrent List. To deal with the
issues related to land acquisition and determining the amount of compensation
in lieu of the land acquired by the Government, ‘The Land Acquisition Act’ was
promulgated on the first day of March, 1894. The Act has been amended in the
years 1919, 1921, 1923 and 1933 before independence and in the years 1962,
1967 and 1984 after independence.
With the enormous expansion of the State’s role in providing public welfare and
economic development since independence, acquisition of land for public
purposes has become far more important than ever before .Further, with
changing scenario of industrialization, liberalization, urbanization and new
economic policy, there is an immense pressure on land. Besides, recently the
land is being acquired for setting up of Special Economic Zones (SEZs) to
generate more employment. With the increased activity of land acquisition for
public purposes as well as for setting up industries, the issues related to land
acquisition and rehabilitation of the affected persons have been the matter of
debate recently.
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The provisions made under ‘The Land Acquisition Act, 1894’ have been found to
be inadequate in addressing certain issues related to the exercise of the
statutory powers of the State for involuntary acquisition of private land and
property as acknowledged in the Statement of Objects and Reasons of the
aforesaid Bill.
As per the Statement of Objects and Reasons of the Bill, the provisions made
under the amending legislation seek to extend the provisions of the extent
policies or statutes for rehabilitation and resettlement of those affected by the
acquisition of land under the Act.
• To ensure that physical possession of the land is taken over and the
amount of compensation is paid within a defined period from the date of
the compensation award.
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• Return of the land to the appropriate Government when any land or part
thereof, acquired under the Act remains unutilized for a defined period
from the date of taking over possession.
a) Investigation
When a local authority or a company requires a land, an application is
required to be made by it to the revenue authority.
After the government has been fully satisfied about the purpose, the least
area needed, and other relevant facts as provided under land acquisition
rules, it will issue a notification under Section 4 of the act that the
particular land is required for public purpose.
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That the purpose for which the land is proposed for acquisition is not a
public purpose.
That the land is not or less suitable than another piece of land for the said
purpose. That the area under acquisition is excessive. That the acquisition
will destroy or impair historical or artistic monuments or will desecrate
religious buildings, graveyards and the like.
The collector after hearing the objections will submit his report to the
government who will finally declare the land for acquisition. After
notification the collector proceeds with the claim. He has the site marked
out, measured and a plan of the same is made.
The collector will issue notices under Section 9 to all persons interested in
the acquisition to file their claim reports.
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The collector is not to be a party to the proceedings, is to possess an
expert knowledge on valuation, and offers a fair price to an owner and
checks that the public funds are not wasted.
The claim filed should contain the names of the claimants and co-shares if
any rents or profits for last three years and a valuation report of the land
from an architect or an engineer.
o When the land notified for acquisition has standing crops or trees.
Matters which are not taken into consideration for the purpose of land
acquisition are:
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o The degree of urgency which has led to the acquisition
o Any disinclination of the person interested to part with the land.
o Any increase in the land value likely to accrue from the use to
which it will be put when acquired.
o After necessary inquiries the collector declares his award showing
true area of the land, total amount of compensation payable and
apportionment of compensation if there are more than one owners
or claimants.
o The collector has to make the award under section 11 within a
period of two years from the date of notification.
e) Reference to Court
Any person interested to whom the award is not satisfactory can submit a
written application to the court. This application should be made within
six weeks from the date of declaration of the award.
f) Apportionment
In apparent of the compensation each of the claimants are entitled to the
value of his interest, which he has lost, by compulsory acquisition. Thus it
is required to value a variety of interest, rights and claims in the land in
terms of money.
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As per the principal Act, (section 11 (1)(ii)) states that the Collector shall make
an award for the compensation which in his opinion should be allowed for
the land.46 Clause 13 of ‘The Land Acquisition (Amendment) Bill, 2007’
seeks to insert Section 11B in the Principal Act. The aforesaid clause
provides the following with regard to the determination of market value of
land:—
“11B. (1) The Collector shall adopt the following criteria in assessing and
determining the market value of the land,—
• the minimum land value, if any, specified in the Indian Stamp Act,
1899 for the registration of sale deeds in the area, where the land is
situated; or
• The average of the sale price for similar type of land situated in the
village or vicinity, ascertained from not less than fifty per cent of the
sale deeds registered during the preceding three years, where higher
price has been paid; or
• The average of the sale price, ascertained from the prices paid or
agreed to be paid for not less than fifty percent of the land already
purchased for the project where higher price has been paid, for the
purpose of item (iii) of clause (f) of section 3, whichever is higher.
Where the provisions of sub-section (1) are not applicable for the reason that:
• The land is situated in such area where the transactions in land are
Restricted by or under any other law for the time being in force in that
area;
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• the registered sale deeds for similar land as mentioned in clause (i) of
sub-section (1) are not available for the preceding three years; or the
minimum land value has not been specified under the Indian Stamp
Act, 1899 by the appropriate authority, the concerned State
Government shall specify the floor price per unit area of the said land
based on the average higher prices paid for similar type of land
situated in the adjoining areas or vicinity, ascertained from not less
than fifty per cent of the sale deeds registered during the preceding
three years where higher price has been paid, and the Collector may
calculate the value of the land accordingly.
The Collector shall, before assessing and determining the market value of the
land being acquired under this Act,—
• Ascertain the intended land use category of such land; and47 take into
account the value of the land of the intended category in the adjoining
areas or vicinity, for the purpose of determination of the market value
of the land being acquired.
• The Collector may, for the purpose of determining the value of trees
and plants, use the services of experienced persons in the field of
agriculture, forestry, horticulture, sericulture, or any other field, as
may be considered necessary by him.
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Case Study
In an equitable and inclusive model that replaces coercive land acquisition and
exclusive development projects, 123 farm families in Pune pooled 400 acres of
farmland and set up a private limited company that developed a commercial-
cum residential project. These farmers own shares in the company
proportionate to the value of their land. Plus they have got plush homes, earn
dividends on the shares they hold, rent from tenants and income from
contractual work for the company Long before the nation woke up to the
violent protests against ?forced? Land acquisitions for Special Economic Zones
(SEZs), a small group of farmers on the fringes of Pune saw the writing on the
wall and decided to act before the process of globalization and development
swallowed up their ancestral farms.
The land they tilled has been under the Pune municipal jurisdiction since 1960,
though it was still an agricultural zone. But in 1982, the Pune Municipal
Corporation marked it as a future urbanisable zone. In its draft development
plan, this meant that the government could easily acquire the land under the
Urban Land Ceiling Act.
The Magar clan and their immediate neighbors, comprising 123 families that
trace their ancestry back three centuries, had through the 1960s and 1970s
clung together to oppose the municipal administrations plan to urbanize their
land. They were content with the steady income afforded by the sugarcane
harvests, though some farmers in the neighborhood, lured by the quick buck,
had sold their lands to real estate developers.
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By the late-80s, the Magars realized that the city, already bursting at the seams,
would eventually claim their land for infrastructure development. ? It finally
dawned on us that we were fighting a losing battle against rapid urbanization,
and this meant they had to act soon
The Magars decided that they would develop the land themselves. The fact that
they knew nothing about land development and had little money did not deter
them.
As the name Magarpatta Suggests, the Magar clan dominated, owning 40% of
the total land or the largest patta (land strip) located next to the Hadapsar
Industrial Estate.
A young entrepreneur Satish Magar owned around 100 acres of land. Otherwise
the average landholding per family was between 2 and 4 acres. More than 90%
of the farmers were Marathas while a few were from the Mali and Sonar
communities. Together they managed to pool together 400 acres before
requesting architect Hafeez Contractor to draft a private township plan, which
was submitted to the concerned departments of the state administration for
approval. Amid great apprehension, the families applied for conversion of the
entire stretch into a non-agricultural zone.
A new government came to power in Maharashtra in 1995, while the idea was
still at a very nascent stage. Seeking government approval proved an uphill task
as applications and files moved from one department to another at a snail’s
pace. At subsequent informal meetings, the families began expressing concern
over livelihoods as they had known only farming till then. Magarpatta was
going to be a re-enactment of Pimpri-Chinchwad, but with a focus on new age
industries like software and business process outsourcing.
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The idea was that each family got shares equal to the size of their landholding.
The company was registered as the Magarpatta Township Development and
Construction Company Limited.
However, around 65 acres of land had been sold off by some families in the
interim; this had to be reclaimed. The company was run by the managing
director and technical director in consultation with eight board members drawn
from the shareholding families. Every family was an equity shareholder of the
company. Each share was equivalent to 1 square meter of land and cost Rs 100,
in 1998. The current price per share is approximately Rs 1,000. Shares could be
sold only to member families.
The approximate price of an acre of land that was Rs 1.20 crore in 2000 rose to
Rs 1.50 crore in 2007. Thirty per cent of the total cost of each construction was
earmarked as cost of land at the current price and paid to the shareholders. The
family has the option of reinvesting the amount in the company, in the form of
a term deposit at an appropriate rate of interest (12.5% for three years, 11.5%
for one year, and 10.5% for three months).
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There were two kinds of shares initially -- a preferential share and an equity
share. The preferential share was short-term, where the rights of shareholders
in the company and over their lands were redeemed at the end of the term. The
equity share, on the other hand, endowed shareholders with permanent rights
in the company and over their lands. Later, preferential shares were abolished
and only equity shares that offer lifelong security to the families retained.
The most important feature of the model is that the land pattas (7/12
registrations) remain in the name of these families, safeguarding their
ownership over the land. Owning land is central to the Maratha tradition and
this has proved a binding force, surpassing the urge, if any, for immediate gains.
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Around 300 contracts have been awarded for various kinds of work in the
township, where preference has been given to the shareholders. On average,
each shareholder holds two contracts. ? Besides, over 10,000 workers are
engaged in daily wage jobs in the township, apart from the 65,000 jobs created
in the companies operating from here
Of the total residential capacity of 6,000 dwellings, 2,500 spaces are currently
occupied. A majority of the 123 families have bought apartments or bungalows
for the specific purpose of renting them out to the IT firms that have set up
shop here.
Part 3-Conclusions&Analysis
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• However, weak urban planning across most states, lack of public
transport, longer travelling time to workplace and inadequate
infrastructure have added woes to the property buyers rather than
enabling them for a better living. In most cities, new development areas
are not planned properly and therefore; do not act as satellite towns, but
merely as suburban residential areas.
• The solution to this complex issue in key metros and tier I cities lies
in integrated townships — a concept that has been adopted well and
proven in the West and even Far East, for over 3-4 decades, for mitigating
mobility issues.
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• There are also many industrial hubs and small settlements along these
corridors. These could be developed into small and medium size
satellite townships with the major city acting as a hub. But for this
appropriate urban planning is required. An important aspect of urban
planning would be a well planned transport system. Mass Rapid
Transit systems and metro will perhaps lead to the decongestion of
existing towns.
• In the recent past several steps have been taken to introduce well-
planned mega infrastructure projects in different parts of the country.
Emphasis is being laid for the development of metro networks and
high capacity bus systems.
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• Townships development is a trend that is catching the new face of
Indian real estate like .A trend that has played an essential role in
opening the floodgates for the development of integrated townships
across the country that offers their residents the promise of a quality
lifestyle tailored to suit every budget.
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• The perception of township has recognized its existence in the trend
for staying with growing demand for luxury apartments in integrated
townships. The shifting necessities and standard of living of India’s
residential property buyers who have much more than just a simple
home on their thoughts, when they decide to buy that dream house.
Townships are the next big thing in the Indian real estate
development industry; it seems, with a quiet growth in the number
of township development projects that merge in a lot of things to
make grand realty projects successful and sustainable. As land prices
peak in key cities and basic infrastructure lagging to balance with
increasing populace, real estate property developers are building cities
away from the city to facilitate better quality lifestyles.
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12.4) Impact of Green channel procedures on Township
• A separate and specific set of town planning norms will be issued as part
of this Township Policy. Conformity to these norms will have to be
established by the Developer in the Detailed Project Report to be
submitted for approval. Once the DPR is approved, there will be no
separate procedure for development permissions. In the case of
Townships within the jurisdiction of sanctioned Development Plans of
cities, the norms prescribed by the respective Development Plans will
apply.
• All these steps taken will lead to faster completion of projects and will
increase the efficiency of work. The system established wherein there will
be no separate procedure for development permissions will help the
developer by reducing the number of procedures.
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• I feel that it is necessary to have a regulator for the real estate sector, so
as to have control over the fluctuation of prices and reduce exploitation
of developers. The regulator is required to develop laws related to re-
development, land acquisition, price determination and many other
issues.
• The people who are approving are not town planners; they are the junior
engineers or the assistant engineers who have no idea about the planned
these things have not changed. There should be a single window
clearance for land, transportation, police, municipality and other
departments.
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• Availability of adequate funds for real estate projects is crucial for
development. I feel that financing options are not sufficient when it
comes to large scale projects. Too much of funds coming in without
considering the rigidity of supply may lead to inflation in the real estate
prices. Thus a bridge between demand and supply is needed to ensure
affordable housing.
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12.6) Government policies and its implications
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• In context where the rupee-dollar parity is favorable, the government’s
decision to open up external commercial borrowings for integrated
township developers will counter some of the ill effects of the credit
crunch and facilitate access to funds for the housing sector in general
The move to relax ECB norms for integrated townships, in principal, will
help in improving sentiments, accessing cheaper funding for township
projects, easing the liquidity scenario to some extent and assist in the
decongestion of cities because township development requires
substantial land which is available in the periphery only.
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• Changes in the FDI policy for township development have already
attracted foreign players to invest in public-private partnerships with
state governments and joint ventures with domestic developers
• Allowing FDI in the real estate sector will result in the following
advantages:
(i) It will provide the much-needed investment for the funds-starved
sector;
(ii) It will bring in professional players equipped with expertise in real
estate development;
(iii) The introduction of new technology and quality real estate assets will
have a demonstration effect on the local developers;
(iv) It will lower real estate costs in the long run;
(v) It will generate employment and revenue; and
(vi) It will improve the quality of related infrastructure.
• I feel that along with the benefits FDI inflows can lead to distribution of
all the profits outside the country. To guard against this, a minimum lock-
in period of three years must be fixed on investments and care should be
taken to ensure that no long-term investment is funded by short-term
capital.
• Looking at the policies for FDI laid down by the government I feel that FDI
inflows are expected to rise in the coming future in development of
integrated townships and the real estate sector as a whole. But there are
also certain barriers for entry for FDI such land acquisition Legal
problems, small individual land holdings, untraceable records and
unavailability of organized finance.
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12.8) Major conclusions-Environmental
Bibliography
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Web sites
www.regionalplan-mmrda.org
www.dipp.nic.in
www.RealEstateIndiaOnline.com.
www.infochangeindia.org
www.economictimes .com
www.indianrealestateboard.com
www.gicl.in
Documents
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