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Any person using this material should take their own professional and legal advice before acting on any information contained in this document. But this system has not achieved some of the basic objectives of urban land policy such as keeping land prices down and providing serviced plots for low-income households.
Land Readjustment or pooling is a land management technique for carrying out the unified sub-division of separate land holdings for urban development.
It has been successfully used in Japan, South Korea and Taiwan. The experience with this technique in these countries has shown its value as a positive land management technique for achieving timely sub-division of land holdings for planned pattern of urban development and for financing the cost of providing the roads and public utility networks out of the related land value increase. One method of urban land management used in some states of India for a very long time is similar to Land Readjustment technique and is known as Town Planning Schemes.
Ray W. The views expressed in this paper are those of the author and should not be attributed to the organisation where he belongs. Published in Nagarlok, Vol. Cox and K. Staff Paper No. As this technique is most popular in Gujarat and Maharashtra, this paper has limited its analysis to study the experiences of these two states. The basis objectives of the paper is to stimulate interest in the technique of Town Planning TP Scheme that despite certain limitations may offer an approach for efficient management of urban land in India and other developing countries.
In this paper, planning and implementation methods of TP schemes in Gujarat and Maharashtra states have been analysed in terms of process, time requirement, management, use, investment cost recovery and setting. Wherever possible a comparative analysis of these aspects with Land Readjustment LR techniques of other countries is also made here. Based on this analysis, various limitations of the TP scheme technique have been identified. In addition, an attempt has been made to identify various opportunities to improve this technique.
Town Planning Scheme in Gujarat State may be made in accordance with provision of Gujarat Town Planning and Urban Development Act, , in respect to land which is in the course of development, and is likely to be used for building purposes or already built upon. Following are the major steps involved in the preparation of a scheme in Gujarat: a The appropriate local authority in consultation with the Chief Town Planner, State Government, declares intention to make the scheme.
The plan of the area is kept for public inspection. Draft scheme contains: i the area, ownership and tenure of each original plot, ii particulars of land allotted or reserved for different uses, iii changes in original boundaries of plots, iv an estimate of net cost of the scheme to be borne by the authority, and v cost of roads, water supply and other infrastructure.
After necessary modifications, the authority submits the draft scheme to the state government for sanction. State government after sanctioning the scheme appoints a Town Planning Officer arbitrator.
In preliminary scheme the TPO after giving notice to the land owners in prescribed manner: i demarcates the areas allotted or reserved for public purposes, services and final plots, 7 See W. Doebele ed. In final scheme the TPO: 1 fixes differences between total value of original and final plots, 2 estimates increment in value of plots, and 3 determines the contribution to be levied on each of the plot.
Land is valued at the date of declaring intention to make the scheme. The decision of TPO, with regard to objections arising out of preliminary scheme is final. Matters arising out of final scheme, are referred to a Board of Appeal and its decision is final. The modified preliminary and final schemes are submitted to the government for sanction. However, the contributions from the owners can be levied on owners of the final plots and it is not more than half of the estimated increment in value of the plot due to implementation of the TPS.
The excess amount is borne by the local authority. The process of planning TP scheme in Maharashtra is similar to that of Gujarat. However, the Maharashtra act does not provide for sub- dividing the TP scheme into preliminary and final schemes.
The process of planning TP scheme in India is very cumbersome. Land owners are to be informed more than three times. Government sanction has to be taken at three different stages.
The procedures for planning and implementation of Land Readjustment Schemes in Kaohsiung Taiwan and Perth Australia are relatively simple and streamlined Table 1.
In Taiwan consent from owners is taken at initial stages and implementation of Land Readjustment project can be taken up on priority basis if there is an agreement by majority of land owners whose land holding exceeds 50 per cent of privately owned land in the scheme area. Average time required for planning of TP scheme in Anand Town of Gujarat was 8 years average area ha.
Analysis of 34 TP schemes in Maharashtra indicates that on an average it takes as long as 15 years to plan a TP scheme average area ha. Table 2. Assuming that implementation of a TP scheme will take another 5 years, the total time period between declaration of intention to completion of a project will be 20 long years.
Finalisation of TP scheme itself takes about 8 years. Cullen and S. Woolery, Toronto, Lexington Books, , p. Select area eligible for consolidation 1. Select area for preparing scheme 2. Seek consent from owners 2. Consult land owners 3. Formulate project and gain approval 3.
Prepare land readjustment scheme 4. Survey area 4. Exhibition of scheme for public information and objection 5. Start Planning 5. Review by department and board 6. Assess land value 6. Approval by the Minister 7. Exchange or merge land plots 7. Possession of land without paying compensation 8. Promulgate consolidation plans 8. Raise short-term bank loan for construction of works 9. Begin construction work 9. Construction of work and sub- division of land Redistribute land and allocate Sale some of the plots and redistribute other plots.
Rearrange data Prepare report It is believed that time requirement for planning of TP schemes can be reduced by taking up schemes covering smaller land areas. However, analysis of TP schemes in Maharashtra shows that it may not be true. Schemes with an average area of 22 ha. Has taken 13 years for planning whereas corresponding figure for schemes with an average area of ha is 18 years Table 3. It was felt that the time requirement for planning of TPS can be explained by some of the factors such as: i number of owners per scheme, ii percentage of area required, iii incremental contribution of owner per ha.
Analysis of 34 TP schemes in Maharashtra is presented in Table 4. Number of owners per scheme was for schemes which have taken 11 to 15 years whereas the corresponding figure was for schemes that have taken 16 to 20 years. Percentage of area acquired to total area for schemes that required upto 10 years was 23 per cent whereas it was only 11 per cent for schemes that required more than 21 years.
Incremental contributions per hectare for schemes that have taken time upto 10 years and more than 21 years were Rs. This analysis clearly indicates that there is no relationship between time required and these factors. This perhaps further shows that the legal procedure is one of the reasons for long time required in planning TP schemes.
Some other reasons for delay in planning of TPS are: i Proper list of land owners is not available. The list as per revenue records is 3 to 6 years old. So it is difficult to give owners prescribed notices. It is generally carried out after the draft scheme is approved. Yadikar, op. Different agencies responsible for these three phases are: 12 Kaohsiung City Government, op.
Archer, op. Small and medium urban centres to do not have technical staff for preparing the schemes. Therefore, the drafts schemes for small and medium towns are, generally, prepared with the help of State Town Planning and Valuation Department. The procedure is small for small, medium and large urban centres. Engineer Jr. As mentioned earlier, the final scheme is prepared by the Town Planning Officer. The staff of city Engineer is responsible for construction of roads, water supply and other infrastructure.
The Land Officer is responsible for giving notices to owners, acquisition of Land, handling over final plots, recovery of betterment contribution, removing encroachment ,etc. It should be noted that the three phases of planning and implementation of TP Scheme are taken as three different activities.
Generally, there is no proper coordination between people working on different phases of the schemes. The persons managing various aspects of TP schemes are interested in only their part of the activity without the overall perspective of the project objectives. They are not able to see themselves as project managers aiming to implement the scheme efficiently and effectively.
In Perth, a department person of municipal council is designated as project manager, who is responsible for coordination and liaison during different stages of Land Readjustment scheme. In Japan, a Land Readjustment Council is established to reflect the opinions and ideas of the Land owners and leaseholders.
This council acts as a liaison between the land owners and the local authority public sector. It is worthwhile to analyse use of this technique by different sizes of urban centres. There are urban centres in Gujarat state and out of them 91 centres are covered by urban development authorities.
Among these 91 centres only 31 cemtres have undertaken TP schemes. A total number of TP schemes have been undertaken in the state and of them are concentrated in four large cities population size above 4 lacs.
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