100% found this document useful (1 vote)
91 views65 pages

Module 4

The document discusses various land use planning legislations and tools in India, including: 1) The Land Acquisition Act of 1894 which allows the government to acquire private land for public purposes after paying compensation. Key issues with this act included low compensation rates. 2) The Land Acquisition, Rehabilitation and Resettlement Act of 2013 which aims to provide fair compensation and transparency in the land acquisition process. 3) Special Economic Zones (SEZs) which are areas with business and trade laws different from the rest of the country to encourage investment. SEZs in India aim to generate economic activity and promote exports. 4) The 74th Constitutional Amendment Act which relates to devolution of powers

Uploaded by

aswath manoj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
100% found this document useful (1 vote)
91 views65 pages

Module 4

The document discusses various land use planning legislations and tools in India, including: 1) The Land Acquisition Act of 1894 which allows the government to acquire private land for public purposes after paying compensation. Key issues with this act included low compensation rates. 2) The Land Acquisition, Rehabilitation and Resettlement Act of 2013 which aims to provide fair compensation and transparency in the land acquisition process. 3) Special Economic Zones (SEZs) which are areas with business and trade laws different from the rest of the country to encourage investment. SEZs in India aim to generate economic activity and promote exports. 4) The 74th Constitutional Amendment Act which relates to devolution of powers

Uploaded by

aswath manoj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 65

MODULE 4

• MODULE IV(9 HOURS)


• NEED FOR TOWN PLANNING LEGISLATION
• Land Acquisition Act - 74th Amendment Act - Coastal Regulation
Zones and its relevance – SEZ - JNNURM.
• Land use Plan Tools for land use control - Zoning regulations, building
byelaws, Subdivision regulations, Plot reconstitution, Betterment Tax.
Land Acquisition Act 1894
• Acquiring land for public purpose by government or government agency as authorized by law
from individual land owners after paying compensation in lieu of loss incurred due to
surrendering of land
• Act created for purpose of facilitating the government acquisition of private land for public uses
• Govt. /govt. agencies like local authorities, societies registered under societies registration act
1860 and cooperative societies can also acquire land for development activities through govt.
• Procedure
• Investigation
• Objection and conformation
• Claim and award
• Reference to court
• Appointment
Land Acquisition Act 1894
• Contents of legislation
• Notification
• Envisaged under 4(1) notification in official gazette and 2 daily newspaper and
the notification has to be affixed in conspicuous place of locality
• Filling of objection
• Person against such acquisition shall file their objection within 30 days from
the date of prelim notification
• Collector to hear and submit to the government
• Collector offers a fair price to the owner
• Market value is determined at the time of notification
Land Acquisition Act 1894
• Key problems in land Acquisition
• Govt. could acquire any land as it wish to in the name of public purpose
• Poor people land was acquired at throwing prices in pretext in developing
projects
• Sometimes such project never stats and the same cheap land was resold to the
higher prices to real estate developers without building anything for public
purpose
• No real appeal mechanism to stop the process of acquisition
• Silent on resettlement and rehabilitation of those displaced
• Low rate of compensation
LARR – Land Acquisition Rehabilitation and
Resettlement ACT 2013
• Came into force from Jan 2014
• Objectives:
• Fair compensation through resettlement and rehabilitation of those affected and complete
transparency in the process of land acquisition
• In case land acquired 5 years ago but no compensation has been paid land acquisition process will be
start refresh
• Important provision of the new law
• Compensation
• Rural area- 2 x market value + assets attached to the land
• Urban area - market value + assets attached to the land
• Compensation for livelihood losers
• Compensation to those who are dependent on land being acquired for their livelihood
Special Economic Zone- SEZ
• Area in which the business and trade laws are different from the rest of the country
• Located within a country's national borders
• Aim include increased trade balance, employment, increase investment, job creation and
effective administration
• To encourage business to set up in the zone, financial policies are introduced
• E.g.. Taxation, trading , labour regulations, investment
• Creation of SEZ by the host country may be motivated by the desire to attract FDI ( foreign Direct
Investment)
• It is a specifically delineated duty-free enclave and shall deemed to be a foreign territory for the
purposes of trade operations and duties and tariffs.
• To provide and internationally competitive and hassle-free environment for exports
History of SEZ
Categories that SEZ includes
Special Economic Zone- SEZ

• Free Trade Zones (FTZ)


• Also known as export processing zone (EPZ), also called foreign-trade zone, formerly free port
• It is an area within which goods may be landed, handled, manufactured or reconfigured, and re-exported
without the intervention of the customs authorities
• Only when the goods are moved to consumers within the country in which the zone is located do they
become subject to the prevailing customs duties
• The world's first Free Trade Zone was established in Shannon, Ireland (Shannon Free Zone)
• Most FTZs located in developing countries like Brazil, Colombia, India, Indonesia, El Salvador, China, the
Philippines, Malaysia, Bangladesh, etc.
Special Economic Zone- SEZ
• Free Port Or Free Zones (FZ)

• Most commonly a free port is a special


customs area or small customs territory
with generally less strict customs
regulations
• Many international airports have free
ports, though they tend to be called
customs areas, customs zones, or
international zones.
Special Economic Zone- SEZ
• Industrial Parks Or Industrial Estates (IE)
• It is an area zoned and planned for the purpose of industrial development
• It can be thought of as a more "lightweight" version of a business park or office park, which has
offices and light industry, rather than heavy industry.
• Industrial parks are usually located on the edges of, or outside the main residential area of a city,
and normally provided with good transportation access, including road and rail
• An example can be large number of Industrial Estates located along the River Thames in the Thames
Gateway area of London
Special Economic Zone- SEZ
• Free Economic Zones
• Free economic zones or free zones refer to designated areas in which companies are taxed very
lightly or not at all in order to encourage economic activity.
• Sometimes they are called free ports
• Example : the free port of Trieste (in Italy)
• Urban Enterprise Zones
• It is an area in which policies to encourage economic growth and development are implemented
• Urban Enterprise Zone policies generally offer tax concession, infrastructure incentives, and reduced
regulations to attract investments and private companies into the zones.
• Urban Enterprise Zones are areas where companies can locate free of certain local, state, and
federal taxes and restrictions.
• Urban Enterprise Zones are intended to encourage development in blighted neighborhoods through
tax and regulatory relief to entrepreneurs and investors who launch businesses in the area.
SPECIAL ECONOMIC ZONES (SEZ) IN INDIA
SPECIAL ECONOMIC ZONES (SEZ) IN INDIA
• India was one of the first in Asia to recognize the effectiveness of the Export
Processing Zone (EPZ) model in promoting exports, with Asia’s first EPZ set up in
Kandla in 1965.
• the Special Economic Zones (SEZs) Policy was announced in April 2000
• From 1965 onwards, India experimented with the concept of such units in the
form of Export Processing Zones (EPZ).
• But a revolution came in 2000, when Murlisone Maran, then Commerce Minister,
made a tour to the southern provinces of China.
• After returning from the visit, he incorporated the SEZs into the EXIM Policy of
India. Five year later, SEZ Act (2005) was also introduced and in 2006 SEZ Rules
were formulated.
SPECIAL ECONOMIC ZONES (SEZ) IN INDIA
• Objectives
• Generation of additional economic activity
• Promotion of exports of goods and services
• Promotion of investment from domestic and foreign sources
• Creation of employment opportunities
• Development of infrastructure facilities

• ROLE OF SEZ IN INDIAN ECONOMY


• To provide internationally competitive environment
• To encourage FDI and enhance GDP
• To increase share in global exports
• SPECIAL ECONOMIC ZONES ACT, 2005 Promulgated On 23rd June,
2005
• An act to provide for the establishment, Development and
management of the Special economic zones for the Promotion of
exports and for matters Connected herewith or incidental thereto.
• Enacted by parliament in the fifty-sixth year of the republic of India.
Kinds of SEZ
SOME OF IMPORTANT SEZ IN INDIA
• Karnataka Biotechnology and Information Technology Services - SEZ on biotechnology sector in Bangalore's Electronics
City, over an area of 43 acres
• Shree Renuka Sugars Limited - SEZ on sugarcane processing complex covering 100 hectares, comprising a sugar plant,
power station and distillery, at Burlatti in Belgaum district
• Ittina Properties Private Limited and three other - SEZs in IT sector, covering electronics, hardware and software sectors in
Bangalore, over an area of 15.732 hectares
• Wipro Infotech - SEZ on IT / ITES at Electronics City, Sarajpur Bangalore
• Hewlett Packard India Software Operation Pvt. Ltd. - SEZ on IT
• SEEPZ - Andheri (East), Mumbai
• Khopata - Multi-product, Mumbai
• Navi Mumbai - Multi-product, Mumbai
• Salt Lake Electronic City, West Bengal
• Manikanchan - Jems and jewelery, West Bengal
• Calcutta Leather Complex, West Bengal
• Falta food processing unit, West Bengal
Special Economic Zone- SEZ
• Advantage
• 5 year corporate tax holiday on export profit
• Allowed to carry forward losses
• No license required for import made under SEZ units
• Duty free import of goods for setting up of the SEZ units
• Exemption from payment of Service Tax
• Setting up Off-shore Banking Units (OBU) allowed in SEZs
• External Commercial Borrowings up to $500 million a year allowed without any maturity
restrictions
Special Economic Zone- SEZ
• Disadvantages
• Revenue losses because of the various tax exemptions and incentives
• Acquire land at cheap rates and create a land bank
• May not match up to expectations
• Farmers loose their livelihood
74th Amendment Act
• WHAT IS AMENDMENT OF THE CONSTITUTION OF INDIA? • Amendments of the Constitution of
India is the process of making changes to the nation's fundamental law or supreme law.
• The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the
Constitution of India. 74TH AMENDMENT ACT
• There are two types of amendments to the constitution which are governed by article 368:
• 1.The first type includes amendments that can be effected by Parliament of India by a
prescribed ‘special majority
• 2.The second type of amendments includes those that require, in addition to such "special
majority", ratification by at least one half of the State Legislatures.
• 74th constitutional amendment Act 1992 aimed to strengthen urban local bodies through
devolution of power towards decentralization
74th Amendment Act
• Aim
• To set up institutional mechanism to facilitate decentralization
• Demarcate ULBs(Urban local bodies) and specify their functions
• Ensure representation of public specially deprived class/women
• It aimed at creation of local govts and dissolution of power to them in the respective states
• Initiated by PM- Rajiv Gandhi during 1989
• Finally passed during Dec 1992 and effective from 1993
74th Amendment Act
• Contents of 74th Amendment Act
• Article 243- Brought the definition of Panchayats and Municipalities within the ambit of
constitution
• 243P –Defined Metropolitian area
• (an area having a population of 10lakh/more comprised in or more districts and consisting of
2 or more municipalities or panchayats)
• 243Q-Definition of Municipal area
• Territorial area of a municipality as is notified by the governor/state govt
• 243T-SC/ST reservation accordingly to the population women 1/3rd reservation
• 243W- lays down some of the powers and function of the municipalities as listed out under
12th schedule
74th Amendment Act
• Features
• Pulling as a firmer footing the relationship between the state government and ULB with
respect to
• Function and taxation powers
• Arrangements for revenue sharing
• Ensuring regular conduct of election
• Adequate representation for the weaker section like SC/ST and women
• Fixed tenure of 5 yrs for the Municipality and re-election within 6 months of end of
tenure
• 74th Amendment Act in TP
• First URDPFI (urban development plan formulation and implementation) were prepared
in 1996
• Contained suggested changes required in Model Regional and Town Planning and
development law
74th Amendment Act
• Most of the state government did not incorporate the provisions of Town and
country planning Act
• Urban policies at the state level
• Directs state government to constitute state finance commission in line with
central finance commission once in 5 years
• State legislation to assign functions to ULBs as per 12th schedule
• Urban planning including town planning
• Regulation of land use and construction of building
• Roads and bridges
• Public health, solid waste management
• Urban forestry , protection of the environment
• Slum improvement and up gradation
74th Amendment Act
• Planning at decentralised level
• Committee is to be set up to integrate planning for urban and rural areas
• Function
• To consolidate plan prepared by Panchayats and Municipalities to prepare draft development plan
• Look after common interest between Panchayat and Municipalities
• Integrate development of infrastructure
• Metropolitan Planning Committee
• 2/3rd representation from elected members with representation from rural and urban area
• Function
• Formulate development goals, objective and policies
• Perspective plan within 5 years
• Development plan within 2 years
• Annual plan
JNNURM
• JNNURM stands for Jawaharlal Nehru National Urban Renewal Mission.
• JNNURM was launched on 3rd December 2005
• objective
• Focused attention to integrated development of basic services to the urban poor;
• Security of tenure at affordable price, improved housing, water supply, sanitation;
• Convergence of services in fields of education, health and social security;
• As far as possible providing housing near the place of occupation of the urban poor
• Scaling up delivery of civic amenities and provision of utilities with emphasis on universal access to urban
poor.
• Ensuring adequate investment of funds to fulfill deficiencies in the basic services to the urban poor.
JNNURM
• JNNURM comprises two Sub-Missions :
• (i) Urban Infrastructure and Governance (UIG) (Sub-mission I) :
Ministry of Urban Development
• (ii) Basic Services to the Urban Poor Urban (BSUP) (Sub-
mission II) : Ministry of Housing & Urban Poverty Alleviation
(MHUPA)

• There are, in addition, two other components:


• (i) Urban Infrastructure Development of Small & Medium
Towns (UIDSSMT) : Ministry of Urban Development
• (ii) Integrated Housing and Slum Development Programme
(IHSDP) : Ministry of Housing & Urban Poverty Alleviation
(MHUPA)
Salient Features
• Cities are required to prepare City Development Plans (Vision Documents)
as participatory frameworks
• Infrastructure planning and prioritization
• Framing urban reform agendas
• Funding support for infrastructure is linked to reforms
• Cities and State need to enter into Memorandum of Agreement with Government of India to
implement urban reforms in order to access JNNURM funds
• Urban Infrastructure Projects are prepared and executed by the Cities
• Cities are provided funding assistance for implementing urban projects based on Detailed Project
Report.
Eligible projects
• Urban Renewal
• Water Supply
• Sewerage & Sanitation
• Solid Waste Management
• Storm Water Drains
• Urban Transport
• Parking spaces (through PPP)
• Development of heritage areas
• Preservation of water bodies
• Prevention & rehabilitation of soil erosion
Funding Pattern
Progress of Reforms- State Level
Key Issues in Implementation
• Lack of capacity of the ULBs :
• Dealing with delivery of specialized services such as fire services and planning and Urban forestry - many
states have not transferred these functions
• Lack of Political support in some areas :
• Implementation of urban planning, rent control and Community participation law require considerable
political support
• Political consensus is also required for levy of property tax, doing away with exemptions, periodic surveys
and improving administration of ULBs to enhance coverage and collection.
• Resistance from states/ULBs to implement reforms:
• Resistance on account of loss of revenue due to stamp duty reduction
• Resistance to levy of user charges for solid waste as in many states it is recovered under property tax ;
• People are reluctant to pay additional user charge as it is considered as an obligatory responsibility of the
ULB hence
CRZ : Coastal Regulation Zone
• Objective of CRZ Regulations 2019

The new CRZ norms, issued under Section 3 of the Environment


Protection Act, 1986, aim to promote sustainable development
based on scientific principles taking into account the natural hazards
such as increasing sea levels due to global warming.

The norms also seek to


• conserve and protect the environment of coastal stretches and
marine areas
• livelihood security to the fisher communities and other local
communities in the coastal area.
Coastal Regulation Zone
• Coastal Regulation Zone is applicable for the entire Indian Coast
including the Andaman & Nicobar Islands and the Lakshadweep
Islands.
• It broadly covers the coastal stretches of seas, bays, estuaries, creeks,
rivers and backwaters influenced by tidal action upto the defined
distance into the land from High Tide Line (HTL).
• The CRZ Notification was introduced with the following three main
purposes:
• i) In order to arrive at a balance between development needs and
protection of natural resources,
• ii) To prohibit and/or regulate the activities which are harmful for
both coastal
• communities and environment,
• iii) To plan for a sustainable management, so that the livelihoods of
millions of people are protected, and the coastal environment is
preserved for the future generation.
History of CRZ
• 1981 - Prime Minister Indira Gandhi's letter: Keep 500 m from the HTL free from development activities
• 1982 - Formation of Working Group on Beach Development Guidelines
• 1983 - Guidelines for the development of Beaches (Tourism, Industrial development, Urban and rural
development Special areas - mangroves, scenic areas, corals, oceanic islands)
• 1986 - Implementation of Environmental Protection Act
• 1989 - Draft CRZ Notification
• 1991 - Implementation of CRZ Notification ACT
• 1994 - Supreme Court direction for strict implementation of CRZ
• 1996 - Approval to States CZMP
• 1997 - Constitution of Aquaculture Authority
• 1998 - Formation of National and State Coastal Zone ManagementAuthorities
• 2001, 2005, 2007 - Subsequent amendments in CRZ/ CMZ
• 2011 – CRZ Notification
• 2019 – CRZ Notification Revised
Island Coastal Regulation Zone (ICRZ)

• .The Islands of Greater Nicobar, Middle


Andaman, North Andaman, South Andaman,
Baratang, Havelock, Little Andaman, Car Nicobar
Islands shall be managed based on ICRZ 2019.
• Major difference between ICRZ and CRZ
Notification
• Group – I: Islands with geographical areas
>1000 km2 such as South Andaman, Middle
Andaman, North Andaman and Great Nicobar.
• Group – II: Islands with geographical areas
>100 km2 but < 1000 km2 such as Baratang,
Little Andaman, Havelock and Car Nicobar.
• CRZ III:
• Group-I Islands: The area up to 100 m from the HTL on the landward side shall be earmarked as the No
Development Zone (NDZ).
• Provided that the NDZ for development of eco-tourism activities shall be 50 m.
• Group-II Islands: The area up to 50 m from the HTL on the landward side shall be earmarked as the NDZ.
Provided that the NDZ for development of ecotourism activities shall be 20 m.
• Land area up to 20 m from the HTL, or width of the creek whichever is less, along the tidal influenced water
bodies in the CRZ III, shall also be earmarked as the NDZ.
Primary Classification of CRZ
CRZ I
CRZ II
• CRZ - II: The area that have
been already developed i.e.,
the area falls under urban
areas provided by proper
drainage, road, water supply
and Infrastructure facilities
and also with in Municipal or
Corporation limits.
CRZ II (DEVELOPED AREA )-Kozhikode
CRZ III
• CRZ - III: Based on the population
density of 2161 persons per km2 as
per 2011
• census, the area shall be designated
as CRZ –
• III A (>2161/km2) and CRZ - III B
(<2161/km2).
• Development beyond 50 m /200 m
within 500 m is permitted in case of
CRZ III A and CRZ III B
CRZ IV
REGULATED ACTIVITIES
• CRZ – I
• CRZ – I A
• No activities shall be permitted to be carried out in the CRZ-I A area, with following exceptions:
• Eco-tourism activities such as mangrove walks, tree huts, nature trails, etc., in identified stretches areas
subject to such eco-tourism plan featuring in the approved CZMP as per this notification, framed with due
consultative process, public hearing, etc., and further subject to environmental safeguards and precautions
related to the Ecologically Sensitive Areas, as enlisted in the CZMP
• In the mangrove buffer, only such activities shall be permitted like laying of pipelines, transmission lines,
conveyance systems or mechanisms and construction of road on stilts, etc. that are required for public
utilities.
• Construction of roads and roads on stilts, by way of reclamation in CRZ-I areas, shall be permitted only in
exceptional cases for defence, strategic purposes and public utilities
REGULATED ACTIVITIES
• CRZ – I B
• Land reclamation, bunding, etc. shall be permitted only for activities such as:
• Foreshore facilities like ports, harbours, Jetties, wharves, quays, slipway, bridges, hover ports for coast guard,
sea links, etc.;
• Projects for defence, strategic and security purposes;
• Road on stilts, provided that such roads shall not be authorized for permitting development on the landward
side of such roads, till the existing High Tide Line
• Measures for control of erosion;
• Maintenance and clearing of waterways, channels, ports and hover ports for coast guard;
• Measures to prevent sand bars, installation of tidal regulators, laying of storm water drains or for structure for
prevention of salinity ingress and freshwater recharge.

• Storage of non-hazardous cargo i.e. edible oil, fertilizers and food grains in notified Ports
• Floor Space Index of such reconstruction not exceeding the permissible Floor Space Index as per
prevalent town and country planning regulations;
• Additional plinth area is constructed only to the landward side;
• Approval of the concerned State Pollution Control Board or Pollution Control Committee.
CRZ-II
• Activities as permitted in CRZ-I B, shall also be permissible in CRZ-II, in so far as applicable.
• Construction of buildings for residential purposes, schools, hospitals, institutions, offices, public places, etc. shall be
permitted only on the landward side of the existing road, or on the landward side of existing authorized fixed structures:
• Reconstruction of authorized buildings shall be permitted, without change in present land use, subject to the local town
and country planning regulations as applicable from time to time, and the norms for the Floor Space Index or Floor Area
Ratio, prevailing as on the date of publication of this notification in the official Gazette
• Temporary tourism facilities shall be permissible in the beaches which shall only include shacks, toilets or washrooms,
change rooms, shower panels; walk ways constructed using interlocking paver blocks, etc., drinking water facilities, seating
arrangements, etc. and such facilities shall however be permitted only subject to the tourism plan featuring in the
approved CZMP
CRZ – III
• No construction shall be permitted within NDZ in CRZ III, except for repairs or reconstruction of existing
authorized structure not exceeding existing Floor Space Index, existing plinth area and existing density and
for permissible activities under this notification
• Facilities required for local fishing communities such as fish drying yards, auction halls, net mending yards,
traditional boat building yards, ice plant, ice crushing units, fish curing facilities and the like;
• Temporary tourism facilities shall be permissible in the NDZ and beaches in the CRZ-III areas

CRZ – IV
• Traditional fishing and allied activities undertaken by local communities.
• Land reclamation, bunding, etc. to be permitted only for activities such as.-
• a) foreshore facilities like ports, harbours, Jetties, wharves, quays, slipway, bridges, sea links and hover ports for
coast guard ,etc.;
• b) projects for defence, strategic and security purpose including coast guard;
• c) measures for control of erosion;
• d) maintenance and clearing of waterways, channels and ports;
CRZ – IV
PROHIBITED ACTIVITIES
• Setting up of new industries and expansion of existing industries, operations or processes.
• Manufacture or handling of oil, storage or disposal of hazardous substances as specified in the notification of
the Ministry of Environment, Forest and Climate Change number G.S.R.395 (E), dated the 4th April, 2016.
• Setting up of new fish processing units.
• Land reclamation, bunding or disturbing the natural course of seawater except for the activities permissible
under this notification and executed with prior permission from the competent authority
• Port and harbour projects in high eroding stretches of the coast.
• Dressing or altering of active sand dunes.
Subdivision regulations
• Due to increasing demand for
plots for erection of houses,
factories and other structures, the
owners of agricultural and vacant
land outside the built up area of
the cities subdivided their lands
into plots and streets and sell
them
• Layout showing plots and internal
streets need to be prepared and
submitted for approval
• Layout should be within the broad
framework of the master plan
• Min open spaces, amenity area
need to be provided
Subdivision regulations
• Give local authorities power to exercise over this land subdivision
• In India, powers for control over land subdivision are available under the
Municipal Act but their need to frame separate subdivision regulations so as to
specify details with regard to road width, minimum plot sizes, payment of
security deposits etc.
• The basic philosophy under lying subdivision control is that the owner of the land
who subdivided it as house sites and street should bear the responsibility for
forming the streets in the prescribed manner and for setting apart the required
public sites for the community facilities
Subdivision regulations
• There is no obligation normally under the
Municipal Act requiring that if any owner of
land utilizes or sells sites for building , he
should lay down streets giving access to the
sites
• He is required to send a proper layout plan
showing plots and streets to the local
authority and obtain its approval before he
sells the plots
• It is also necessary that subdivision layout
plan should be within the broad framework
laid down by the master plan with regard to
landuse density and road proposals
Zoning regulation
• Zoning is legal regulation of use of land
• Zoning regulates the use of land
• It also regulates the density through FSI & coverage control
• Objective of zoning is to protect the private use and enjoyment of property
and to promote the welfare of individual property owners
• Different set of regulations for different zones
• Zoning is to ensure the most appropriate , economical and healthy
development of town takes place in accordance with the land use plan
• For this purpose town is divided into a number of use zones
• Each zone has its own regulations
• Zonal regulations protects each area/zone from the harmful invasion of
other zones
Zoning regulation
• It promotes orderly development of industrial and commercial areas by suitable regulations
• Prevents overcrowding in building and on the land to ensure adequate facilities and services
• Regulates land uses and physical standards
• Regulations include provision for use of property and the limitation on the shape and built of the
building that occupy the land
• The regulations prevent the misuse of land and building and limit their height and densities of
population in different zones
• Zoning law prescribes different standards of development control for different localities in a
manner appropriate to them
• At times zoning orders may be issued for a specific purpose be issued for a specific purpose
• Eg. Airport zoning where the height of the structures and trees in the vicinity of air port may be
regulated
Building bye laws control
• Designed to protect the health of persons living or working in the buildings to be erected and also
to ensure their safety and the safety of the members of the public resorting to the buildings or in
the neighbourhood
• The bye laws operate by requiring the submission to the local authority of a plan and particulars
giving details of the building work proposed
• The plan must be rejected or approved by the local authority according to whether it shows that
the proposed work will be in accordance with or in contravention of the bye laws
• Building rules specify standards relating to:
• Structural safety of buildings
• Internal dimension of the room
• Light and ventilation
• Open space to be left out in the plots around building
• Minimum standard for facilities like kitchen, latrine, bathroom etc.
Building bye laws control
• Applicable uniform ally over all sites within
municipality area
• Under the Municipal act, no party can make a
material change in land use
• The state town planner has power to grant
exemption from operation of buildings by laws in
any cases of hardships
• Any building constructed without obtaining
permission from the local body or in deviation
from the approved plan is treated as
unauthorized construction by the local body and
appropriate action against it will be taken either
by demolishing or prosecuting in court or
collection of fee from over looking the offences.
Betterment Tax
• New town planning schemes may be beneficial some property owners
• Improved facilities result in improved property values and improved standard of living
• they need to pay Betterment tax for the improved situation
• “When a town planning scheme for an existing town is framed some owners of the property may
be badly affected and compensation will be paid to such owners for the loss.Similary some
owners of the property will be benefited by the proposed town planning scheme
• The share in increase in value of the properties of such owners to be paid to the planning
authority known as Betterment Tax”
• The procedure for arriving at the amount :
• The value of the property before the notification of the TP scheme – value of the propert on the
completion of the town planning scheme is estimated

You might also like