Regulatory Framework for Town Planning in India: A Perspective

Abstract

With India’s urban population approaching 40 per cent of the overall population and cities estimated to contribute 75 per cent of national GDP by 2030, it is critical to take an integrated approach towards urban development and administration (World Bank, 2015). This approach requires not only effective planning tools but also a robust legislative and institutional framework for successful implementation.

The present paper reviews the planning legislations of all States and Union Territories in India by examining the status of Town and Country Planning Acts, institutional and implementation tools. It also discusses the need to incorporate modern concepts and rationalising implementation tools for more informed and project-oriented planning. The findings reveal that the states still need to make their legislations more comprehensive by revising their Town and Country Planning Acts.

This study has attempted to put a spotlight on the legislative framework impacting the efficacy of the planning process. As urban areas expand and complexity increases, an appropriate planning framework is critical for ensuring integrated plans and sustainable growth of cities.

Keywords

Planning legislations, Planning tools, Development plan, Comprehensive approach, Governance, and Institutional framework.

Background

Traditionally, “urban planning” was associated only with spatial planning. At present, urban planning is an approach that considers all the aspects of city–economic development, physical environment, and social interaction – to develop a central and coherent view of urban space (UN-Habitat, 2020). However, the roadmap to achieve it is complex and needs to be dynamic, flexible, and collaborative for smooth implementation.

India is experiencing a significant demographic shift and rapid urbanisation. While the 2011 Census of India reported that the country’s urban population was 31.16 per cent of the overall population, the 15th Finance Commission cites the World Bank (2015) research shows that estimated 55.3 per cent of India’s population lived in areas with “urban-like” traits in 2010 (The World Bank, 2015). Moreover, the urban population is projected to constitute 38.6% of India’s total population by 2036, with the urban population growth itself expected to rise to nearly 73% compared to 2011 (National Commission on Population, 2011).

Since urban planning and its enforcement are frequently blamed for India’s “dysfunctional” cities, it is critical to investigate the underlying causes of the existing planning system. To identify some concrete reasons, it is important to dive deep into the governing and enabling mechanisms for urban planning and development.

Historical Perspective

In India, town planning dates back to the Indus Valley civilisation. The notable town planning principles of Manasara town planning concepts in ancient India focused on social geometry (Makkar & Gangwar, 2023, Koshy, C. K., Parikh, D., & Kapoor, M. 2020).

During the British period, modern-day town planning principles were used to plan economically beneficial settlements regardless of social needs. British constituted Town Improvement Committees/ Boards in Calcutta, Bombay, and Madras Presidencies for sanitary health which later, in 1864, addressed these specific issues by establishing a Sanitary Commission (Lata, 2022).

Similarly, the Bombay Improvement Act, 1898, was aimed to remove unsanitary dwellings and overcrowding for better living conditions, while the Bombay Town Planning Act, 1915, with these objectives also granted local authorities’ power to regulate future town growth, and prevent slum formation (Sharma, 2019).

Post-Independence

The post-Independence period in India saw a federal structure of government, with functions defined in the Central, State, and Concurrent List of the Seventh Schedule of the Constitution. Urban planning was a classical top-down process, influenced by the United Kingdom Town and Country Planning Act, 1947, with planners preparing plans for cities and the state governments approving them (Sadaria, 2016).

Since, the Town Improvement Trust Acts in various states lacked provisions for master plan preparation, the Model Town and Country Planning Act was formulated in 1960 and later revised in 1985 to Model Regional and Town Planning and Development Law (Town and Country Planning Organization, 1985). It acted as a comprehensive legislation on urban and regional planning, land use, infrastructure and future development and redevelopment in states, aiming to execute town planning schemes.

Bihar, in 1951 enacted Town Planning and Improvement Trust Act to include urban development, while Maharashtra enacted the first Regional and Town Planning Act, 1966 which included provisions for regional planning boards, new towns, finance, governance and compulsory land acquisition (Koshy, C. K., Parikh, D., & Kapoor, M., 2020).

In 1985, India established a National Commission on Urbanisation to study urbanisation, recommending 329 Generators of Economic Momentum (GEM) areas and 49 Spatial Priority Urbanisation Regions (SPURS) for metropolis strengthening, employment creation, and identified 555 new growth centres into hinterlands, for being the catalysts for social transformation (Kundu, 1989).

The Government then introduced the Urban Development Plan Formulation and Implementation Guidelines, (UDPFI), 1996 to assist urban authorities in addressing deficiencies in the master plan focusing on spatial development plans, resource mobilisation and efficient implementation mechanisms like Perspective plan, special project plans, development plan, etc. The then Ministry of Urban Development revised its 1996 guidelines and published in 2015 as Urban and Regional Development Planning and Formulation Guidelines, emphasising sustainable regional and urban development, sector-specific planning, and incorporation of modern concepts (Town and Country Planning Organization, 2015).

India’s planning and development have transitioned from a socially-driven to a more functional and economically focused model guided by legislative frameworks. The focus has now shifted from urban-centric growth to a comprehensive approach that integrates both urban and regional development.

Present Framework of Planning in India

Role of Government

In India, there is a three-tier system for urban planning. The Central Government plays an ‘advisory’ role for promoting orderly urbanisation and providing financial assistance through flagship programmes like Atal Mission for Rejuvenation and Urban Transformation (AMRUT), Smart City Mission (SCM), Swachh Bharat Mission (SBM), Housing for All (HFA), etc. It also provides schematic, technical, and programmatic support to the state and local governments by setting Centres of Excellence, capacity building and training programmes, etc.

In India, land is a state subject. The Seventh Schedule of the Indian Constitution distributes the ‘legislative powers’ between the Union and the states. Therefore, it is only state government that plays a ‘regulatory’ role enacting the legislative framework incorporating the roles, responsibilities and functions of respective urban development institutions and laws relating to land and local government (Vision IAS, 2021).

This planning process has now undergone change with bottom-up approach tracing back to 1990’s. The 73rd and 74th Constitutional Amendment Acts (CAAs) empowered local self-governments with ‘legislative and executive’ powers by delegating 18 functions including urban planning, social and economic development, urban amenities provision, regulation of land use, etc. to local self-government authorities and establishing Metropolitan Planning Committees in every metropolitan area.

Spatial Planning and Development – Related State Acts

State-level planning frameworks can be classified into planning and development acts, such as the Town and Country Planning Act, Improvement Trust Act, and Local Government Acts, such as the Municipal Corporations Act, Municipalities and Nagarpalika Act, and Panchayati Raj Act in each state. Under 73rd and 74th CAA, all the states have enacted state spatial planning and local governance acts. Table 1 elaborates the status of state-wise Planning and Development Acts in India.

Table 1: Status of Town and Country Planning Acts of States/UTs in India

Table 1 reveals that the Spatial Planning and Development Acts vary across different states. While majority of states have Town and Country Planning Act, Haryana and Rajasthan do not have a comprehensive T&CP Act. Chandigarh is also governed by a Punjab New Periphery Control Act, 1962 (Punjab Government Gazette, 1952).

- Most of the Town and Country Planning Acts were drafted and published around 1950s and 1970s, with 17 states revising their Acts in the past 5 years. However, there have been no major changes noticed leaving a few aside, thus causing serious gaps in the pacing urban legislative matrix.

- Out of remaining 18 Acts, only 8 got revised in the last decade while no revisions have been considered in the seven states (Punjab, Uttarakhand, Puducherry) including four North-eastern states, i.e. Mizoram, Meghalaya, Nagaland, and Sikkim. Moreover, Puducherry’s latest update dates back to 1978, almost 45 years to the current date. The states of Jharkhand, Chhattisgarh, and Telangana, have adopted the parent state’s Acts. The state-specific Acts and modifications have been addressed for Chhattisgarh and Telangana while Jharkhand is completely dependent on the Acts of Bihar.

-Amendment bills for Himachal Pradesh, Madhya Pradesh, Goa, and West Bengal are in place, while Haryana, Rajasthan, Uttar Pradesh, Delhi, and Lakshadweep are considering revising the Acts.

-Large states like Rajasthan, Uttar Pradesh and Haryana are examining a possibility for drafting a comprehensive Town and Country Planning Act.

-Kerala and Bihar have been actively amending legislation since its release in 2016 and 2012. Kerala released an ordinance in 2021 incorporating perspective and spatial planning elements into their state’s framework and Bihar renamed the Act and incorporated application of area development schemes.

Table 1 thus establishes the need of the hour for revision of these Town and Country Planning Acts to govern the current planning process to match the emerging pace of urbanisation.

Institutional Provisions for Planning

TCPO (1985), the Model Regional and Town Planning and Development Law suggests planning and institution establishment at state, regional, city and metropolitan level. On a similar note, these Acts include provisions for three - tier authority structure: State Authority for State perspective, Regional for identified region (including districts), Local Development Authority for city and Detailed Town Planning Schemes or other area/city level plans while some states have two tiers of structure excluding the regional level.

State governments can declare areas as development areas under Town and Country Planning Acts, defining their boundaries, and forming Area Development Authorities. These authorities are then responsible for preparing spatial plans at different scales and monitoring socio-economic development. Table 2 shows the state-wise brief compilation of the statutory authorities at all tiers under Town and Country Planning Acts.

Table 2: Institutional framework of different levels of Statutory Planning and Development Authorities under State Town and Country Planning Acts in India

Each state has enacted Spatial Planning, Development, and Regional Planning Acts. However, diversity is there in institutional framework, types and contents of the Plans proposed (Mukherjee Basu & Sharma, 2021). While Town and Country Planning Acts are prevalent in most states, the planning authority is different in each state. In Madhya Pradesh and Himachal Pradesh, the Town and Country Planning Authority is the designated authority, but a specific authority is not mentioned in West Bengal and Maharashtra Acts. The Rajasthan and Odisha Acts allow for the formation of Trusts to design certain components such as sanitation and housing.

Most Acts include provisions for Advisory Town and Country Planning Boards or Committees, but many states lack its existence, unlike Karnataka which has a functioning board.

-The ‘regional framework’ is integrated into 21 states and UTs’ planning, with 16 states integrating its provisions into the state’s Town and Country Planning Acts. In Meghalaya, an order was released in 2004 to constitute Regional Planning and Development Council to review the natural and human resource potential of the region.

-Andhra Pradesh (2014), Assam (2017), and Uttar Pradesh (in process) have State-Capital Region Authorities, while Delhi has a National Capital Region Planning Board (1985), allowing special Sub-regional Plans for Haryana, Rajasthan, and Uttar Pradesh (National Capital Region Planning Board, 1985).

-As per Article 243 ZD and 243 ZE of 74th CAA, all states were supposed to constitute District Planning Committees (DPCs) and Metropolitan Planning Committee (MPC). Bihar (Section 21 (a)), Kerala (DPC – Section 17-19 and MPC – Section 20-27), and Maharashtra (Section 42E) have completely incorporated it into their Act. However, these provisions have not been implemented across India (Government of India, 1950/Updated).

-The District Planning Committee (DPC) Act is in place in 23 states, except Meghalaya, NCT of Delhi and other Union Territories. Sikkim (Section 4(5)), Maharashtra (Section 42E) and Mizoram (Section 3(10)), to provide a provision for the District Planning Committee to review plans.

-Metropolitan Development Authority has been established in nine states under the city authority act like Mumbai Metropolitan Development Authority Act. 1974 while six states (Bihar, Chhattisgarh, Jharkhand, Kerala, Tamil Nadu, and West Bengal) incorporate this provision into their respective Town and Country Planning Acts.

-Planning of urban periphery within Master Plan or otherwise is addressed in 25 states, with 15 integrating into their acts like Bihar (Section 9 (3)) and Assam (Section 10A) and 10 states through different acts like Panchayati Raj Act (Arunachal Pradesh, Uttar Pradesh) or rules (Tripura, Gujarat).

-The Town and Country Planning Acts of 12 states including Madhya Pradesh (Section 65), Maharashtra (Section 40), Himachal Pradesh (Section 67), Chhattisgarh (Section 65 –Mining, Tourism through riverfront), Kerala Ordinance 42 (2021) - Chapter VIIA (section 49A- disaster, environmental vulnerability, heritage conservation, urgent infrastructure) Odisha (Section 80) and Punjab (Section 29 (1)) incorporate a provision for Special Area Development Authority for large industrial estates, new towns and townships while 14 states including Section 113A of Maharashtra and Section 31(1) of Punjab and Section 4 of Tamil Nadu have a separate provision for New Town Development Authority.

-Section 3-A of Telangana Urban Areas (Development) Act establishes project specific Special Area Development Authority within the local jurisdiction for special planning while Section 9(5) of Arunachal Pradesh allows Local Planning Authority to constitute a project specific sub-divisional planning authority.

-The insertion of new Section 21E of Assam Town and Country Planning (Amendment) Bill, 2021 establishes special function agencies for specific functions that would affect economy and efficiency of the functions assigned.

In all, recently amended or formulated 12 Acts such as Bihar (2012), Kerala (2016), Tamil Nadu and Assam (amended in 2018 and 2022) have integration of almost all components into their state planning framework. Out of twelve, eight Acts were amended during the last 5 years, two in last 10 years and 2 (Punjab and Sikkim) in last 20 years. Although there has been no comprehensive revision in the Acts, the Town and Country Planning Acts have undergone periodic revisions.

Planning Provisions – Types of Plans

Many of our states have statutory provisions in their acts to prepare plans at every level – i.e., regional (including district), urban area plans, zonal plans, micro plans (Town Planning Schemes (TPS), Local Area Plan (LAP), District Development Plan (DDP) etc.) Shirsagar, J. K., & Srinivas, R. (2014). Table 3 depicts a quick summary of types of plans mandated by planning legislations at state level.

Table 3: State-wise status of provision of planning implementation tools within Town and Country Planning Acts

Observations from Table 3

-There are 10 states that address the planning from macro to micro plan level. These states are Andhra Pradesh, Bihar, Chhattisgarh, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Mizoram, Punjab, and Jammu and Kashmir.

-In India, almost all states have provisions for Master Plans or Development Plans. However, D. K. Srivastava (2023) highlights that it is also important for the larger states experiencing either high or moderate levels of urbanisation like Gujarat (~43 per cent), Karnataka (~39 per cent), Rajasthan (~31 per cent) and north-eastern states to address the dire need of strategic planning at regional level (Srivastava, 2023).

-Zonal plans are extensive tools that translate that broad vision of the master plan into specific regulations. This provision is in 17 states, till date while large states, (Gujarat, Haryana, Kerala, Karnataka, West Bengal), North Eastern states and Union territories may also incorporate this.

-Local Area Planning and Town Planning Schemes are essential for local land management and development, yet 4 states (Karnataka, Nagaland, Uttar Pradesh, and Uttarakhand) and 4 Union territories (Andaman & Nicobar Islands, Puducherry, Daman, and Diu) lack these tools in their legislations.

-10 states incorporated the provision of 10 years each for review of development plans and regional plans mentioned in the Model Law, 1985. Ten states align with the Model law while five states (Kerala, Mizoram, Punjab, Tamil Nadu, Puducherry) reduced the span to five years.

Discussions and Conclusion

The review of legislations in all the states and Union Territories shows that traditional approaches are still taken up for planning and development. The state planning framework incorporating institutional set-up, and types of plans varies for all the states. The latest revisions in the legislations have been made half a century back or more while 60 per cent of them are updated recently. Moreover, states like Haryana, Uttar Pradesh and Rajasthan have initiated the process of revision to enhance the comprehensiveness and effectiveness of their Acts.

The usual practice is to prepare a long-term spatial plan i.e. regional plan and development plan for the declared planning area by the Development Authority (Kate S.R., 2018). Moreover, Indian cities (Tier 2 and Tier 3) often prepare only Development Plan/Master Plan which also takes time for approval, resulting in haphazard development of the peripheral areas (villages and smaller urban settlements).

Some states took the initiative to incorporate these peripheral areas into development plans. However, the implementation of these development plans becomes difficult as parts of these plans are governed by village panchayats, which lack resources as well as competence. Out of 7933 Indian cities and towns, only 2853 (~36%) have approved Master Plans (MoHUA, 2023). Only 733 census towns have approved Master Plans (~19 per cent) of total census towns, i.e. 3892.

As a result, rural areas having villages and census towns on the outskirts of urban settlements, may have a provision for spatial planning, as Bihar and Assam. Since, all the states have provisions for declaring urban and rural areas as planning areas, it is limited to selected areas in practice. Unlike Mizoram, other states may explicitly integrate peripheries and rural areas into planning frameworks through Gram Panchayat Spatial Development Plan (GPSDP) and Village Development Plans (VDP).

An integrated planning mechanism for urban and rural areas is needed, considering regional context and growth (High-Level Committee on Urban Planning, 2023). The Articles 243 ZD and 243 ZE, provide a broad framework for preparation and consolidation of urban and rural plans, with district and metropolitan as a unit of planning. Since most of the Town and Country Planning Acts are silent on the incorporation of 74th CAA, there is a dire need for provisioning strategic and coordinated regional planning into the planning legislation. The provision for Integrated Development Plans in Mizoram and constitution of Joint Planning Area in Kerala, Maharashtra and Telangana at regional scale exists but a coordination provision of the same with District planning committee and Metropolitan Planning Committee may help in progressive balanced development, as mentioned in the Model Regional and Town Planning and Development Law, 1985.

Lack of planning framework in developing rural areas (SEZ, Industrial estate, etc.) can lead to unregulated expansion, creating unplanned small towns. Thus, identification of these as independent ‘planning areas’ with a declared ‘planning authority’ on the basis of specific criteria in the state urban legislation like those of Tamil Nadu, Assam and Punjab may help govern the development of the upcoming new town and economic growth centres.

First, integrated urban planning concept requires trained professionals to view plans comprehensively, bridging the gap towards economic and financial planning in traditional planning and integrating individual and regional growth drivers (Jit Kumar Gupta, 2022). Gujarat and Telangana have local advisory committees as Technical Support Institutions (TSIs), which can help address cross-sectoral issues. The Acts can have a provision of hiring a good number of full-time planning professionals in the authorities and in advisory committees as per the population of the city (detailed in URDPFI guidelines), involving economics, finance, and social experts.

The 74th CAA includes Article 243 Y, allowing the State Finance Commission to establish a City Infrastructure Fund for Urban and Regional Infrastructure development other than the Budget fund. Unlike Tamil Nadu and Mizoram, this may be promoted in all the states legislations specific to infrastructure (providing basic amenities) and urban and regional (preparation and implementation of plans) fund utilisation.

Secondly, to make the exercise of planning more comprehensive, dynamic and effective, states may work towards projectisation of the Development Plans. Kerala Ordinance, 2021 specifies preparation of Priority Action Plan for Priority Projects like revitalisation, TOD, etc., risk informed Land-use Plans and Special Area Plans for vulnerability risk and multi-hazard prone areas.

Third, by introducing a provision for Land Suitability Analysis (LSA) and Hotspot Analysis in Master Plan preparation leading to formulation of evidence-based Development Control Regulations and also to synchronise the provisions for projectisation within Special Area Plans. Maharashtra has taken a step further by introducing town specific regulations while Assam has introduced a provision for incorporation of relevant norms, rules and plans of the Disaster Management Authority at district and State level during the preparation of master plan.

Fourth, the Model Town Planning Law specifies revision of development plan and regional plan once in 10 years but given the unpredictability and rapidly changing scenarios, these provisions may be revised to 3-5 years.

Next is the assessment of these development plans which may be on the basis of KPIs (Key Performance Indicators) laid down by the Town and Country Planning Organization to analyse comprehensiveness of the future challenges of the city and its position. The KPIs may also include technology as a key indicator as it will help in real-time monitoring by analysing multiple scenarios.

The Land-use chapter in the State Acts should have a provision of digital repository and 3D twin for the urban areas. This will help to provide intricate understanding of these complex systems and facilitating real-time informed interventions.

In conclusion, an appropriate project-oriented and cohesive legislative and institutional framework is critical for ensuring integrated plans and sustainable growth of cities. The current framework of multiple institutions and limited scope in the planning framework has left a wide room for improvement.

Way Forward

India is at a threshold of massive transition from being predominantly rural to partly urban in the next few decades. Development challenges, including town and country planning has yet to receive adequate policy attention. At the juncture, it would be vital to get planning frameworks equipped for ensuring planned growth across different topographies of India.

The first and foremost step would be to integrate perspective planning and spatial planning in all the processes, leading to project-oriented results. Unlike Gujarat and Andhra Pradesh, State Vision@2047 may be exercised in alignment with planning goals.

Next, it is also important to acknowledge regional planning as the cohesive tool and further rationalise the layer of planning tools and institutions at city level on its size like larger cities with a triple layer (Regional/Metropolitan Plan, Master Plan, Local Area Plans) and smaller cities with two-layer (Master Plan and Local Area Plan).

The key features of all the Acts have been mentioned in Table 4. International and national legislations, States and UTs may take up the comprehensive and periodic review of their respective Town and Country Planning Acts as per their requirements which may involve:

-Integration of social, economic and environmental perspective planning as a first step into the process;

-Acknowledgement of 73rd and 74th Constitutional Amendment Act;

-Provision of Infrastructure Fund and Urban Development Fund other than budget;

-Rationalisation of hierarchy of Plans and Institutions for large and small cities;

-Mainstreaming economic and financial development (institutionally and spatially) as an integral part of Master Plan as well as Regional Plans;

-Making planning process a project-oriented exercise by diversifying and identifying future growth drivers and projects within City;

-Mainstreaming environment and climate with financial outlays (climate budgeting and green financing) into all scales of planning (Regional, City, Micro);

-Clearly defining the process of Land Value Capture mechanisms and its promotion through Transit Oriented Development, Complete Streets, Blue & Green Iinfrastructure, Riverfront Development, Heritage Conservation, etc.

-Leveraging technology to make planning a real-time tracking process.

The State Advisory Board/Council/Committee may conduct periodic review of planning and development and other relevant acts to make necessary changes. This may set up a streamlined procedure for incorporations as well as approvals. The State Town and Country Planning departments may also regularly update this status of the amendments/ revisions on their websites to create a digital repository. This step may align at the national scale with the Model Town and Country Planning Law (1985) and the URDPFI Guidelines (2015).

The process of modifications for National Planning frameworks may involve stakeholders’ consultation at both national and state levels. Collaborative, cohesive, and comprehensive changes are required in the planning framework by periodic brainstorming sessions, expanding the participation of stakeholders, incorporating emerging concepts, technology advancements, advancing urban and regional planning approaches, and state policies.

Table 4: Key highlights and learnings from Town and Country Planning Acts in India

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