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ON
LEGAL AND INSTITUTIONAL
FRAMEWORK FOR URBAN DESIGN
Development Control is statutory in nature and the planning authority has the power
to punish the defaulters.
LAND ACQUISITION ACT
• For urban development , land availability and its controlled use is important
• Thus an act was passed in 1961 with the right to acquire the land by state for public
utility
• Basic principle : to give priority to the welfare of community, companies and private
interests.
• Paying proper compensation before acquiring land by state.
• Act deals with public interest as benefitting community, company interest as
buildings ,standing trees , crops etc.
FEATURES OF L.A. ACT
• It comes under sections :
• Section 4(1): Publication of preliminary notification and powers of officers
thereupon
• If acquiring a land, a notice in the govt. gazette is declared and passed on to
locality.
• On publication of notice, office on charge has to conduct survey for levels and set
boundaries.
• If for company acquisition, power is assigned by govt. to their personnel.
• Officer has to submit report to deputy commissioner within 3 months.
• Section 5.Payment of damage
• Officer must pay damage fee to owner and in case of fee dispute case is forwarded to
CHIEF REVENUE OFFICER.
• SECTION 5-A : Hearing of objection
• Any person interested in that land has to file an objection before preliminary notice.
• SECTION 6: Declaration of intended acquisition
• If section 5-A report to govt. is satisfactory the land is acquired and final notice has
to be published within 3 yrs of prior notice.
• SECTION 9: NOTICE TO PERSONS INTERESTED
• Deputy commissioner shall give notice to people interested in land acquisition with
details about :
• Land particulars
• nature of ineterest in land
• claims of compensation.
• SECTION 11: AWARD BY COMMISSIONER
• After award is made, commissioner acquires the land which comes under govt.
possession .
• Section 17: SPECIAL POWERS OF POSSESSION
• Any waste land can be acquired if there is river ,land for railway, traffic maintenance
etc.
• SECTION 18: REFERENCE TO COURT
• Intersted people not satisfied with award can report to commissioner within 90 days of
issue notice.
• SECTION 23 : COMPENSATION MEASURES
• for standing crops
• Damage of land
• Immovable property damage
• Change of residence
• MODEL TOWN PLANNING ACT (1957)
• Act is needed for:
• Creating favorable conditions for urban redevelopment, rural area to provide civic
amenities and planning.
• Prevent uncontrolled development of land.
• Future growth to improve health.
• FEATURES:
• The act has board which consists of –
• Chairman- the minister in charge of town planning.
• Vice chairman- minister of state
• Board members- dept. of finance, planning , health.
Board functions in a way as :
Advising the local planning authorities on use of rural and urban land in state.
Preparing reports.
State govt. can declare any area to be a planning area but not the military cants.
State govt. then specify the date w.r.t. present land use determination .
Planning authority must prepare master plan in 2 stages:-
1. Preparation of outline development plan. Within 2 years it has conduct survey for
boundary determination.
2. Detailed master plan.
Finance programme shall then be worked out as:-
1. Recurring income – municipal contribution, stamp duty , annual ground rent, govt.
share.
2. Non-recurring income – premium from sale of plots, betterment contribution,
abondment charges.
Different types of Development Control that are exercised by the planner are:
• Town and Country Planning Act
• Zoning Regulations
• Slum Clearance Act
• Building Bye-Laws
• Periphery Control Act
• Land Acquisition Act
ZONING
Zoning is defined as the creation by law, of the Sections or Zones such as residential,
commercial, industrial, civic, institutional and recreational in which the regulations
prevent misuse of land and buildings and limit their height and densities of
population differing in different zones.
IMPORTANCE OF ZONING
COMMERCIAL ZONE
• It covers an area of 2% to 5%.
• Consists of markets, ware-houses, godowns, business offices, banks etc.
• Should be located near the centres of traffic and as far as along the road-sides.
INDUSTRIAL ZONE
• It covers an area of 5% to 20%.
• Next to residential zone so great care should be exercised.
• It is further divided into sections containing minor, light, medium and heavy
industries.
CIVIC ZONE
• It covers an area of 2% to 3%
• Contains all the public buildings like townhall, court, public libraries, museum,
auditorium, bank etc.
INSTITUTIONAL ZONING
• It covers an area of 1% TO 2%.
• Contains schools, colleges, institutions etc.
RECREATIONAL ZONING
• This is planned in the remaining area of the town, usually 15% to 20%.
• Important zone since it provides healthy environment for the people.
HEIGHT ZONING
• Besides the use of land, there are other factors such as height, volume of the
building, which need to be controlled.
• Tall buildings impair the value of small neighbouring houses by cutting off
sunshine, air, breeze etc. and thus make the small houses unsuitable for
inhabitation.
• It does not allow the tall buildings to grow near by buildings of lesser height.
• It controls the setbacks from roads.
DENSITY ZONING
• The population per unit area or acres is defined as the density of population.
• It governs the density of population.
• As population is distributed throughout the town, it promotes healthy conditions.
• It prevents over crowding.
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