Vengal Legislation

7/31/2019 Vengal Legislation

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By : Bolledu Vengal Rao

11511004

MURP 1st yr

IIT Roorkee


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An Act to provide for the regulation of planned growth of

land use and development and for the making and

execution of town planning schemes in the State ofKarnataka


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The Town Planning Department is responsible for urban

planning and the Karnataka Town and Country Planning Act1961 forms the comprehensive legal framework for urbanplanning of the state.

The Acts statement of objectives specifies that Physicalplanning with co-ordinated effort on a large scale is necessary

if the people are to live in a better,healthier and happierenvironment.

The statement also includes the responsibility: To preserve andimprove existing recreational facilities another amenitiescontributing towards balanced use of land.

To direct the future growth of populated areas in the state witha view to ensuring desirable standards of environmental healthand hygiene and creating facilities for the orderly growth ofindustries and commerce, there by promoting general standardsof living in the state.


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WHEREAS it is necessary and expedient,

(i) to create conditions favourable for planning and re planning

of the urban and rural areas in the State of Karnataka, with a

view to providing full civic and social amenities for the people

in the State,

(ii) to stop uncontrolled development of land due to land

speculation and profiteering in land,

(iii) to preserve and improve existing recreational facilities and

other amenities contributing towards balanced use of land; and

(iv) to direct the future growth of populated areas in the State,

with a view to ensuring desirable standards of environmental

health and hygiene, and creating facilities for the orderly

growth of industry and commerce, thereby promoting generally

standards of living in the State;


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AND WHEREAS in order to ensure that town planning

schemes are made in a proper manner and their execution

is made effective, it is necessary to provide that a localauthority shall prepare a development plan for the entire

area within its jurisdiction;

AND WHEREAS it is necessary and expedient to

consolidate and amend the law relating to town planningfor the aforesaid and other purposes hereinafter appearing;


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Karnataka has a good tradition in urban planning

but important aspects of the environment have

not been incorporated as key elements in the

legislations pertaining to urban planning. Ideally, urban planning should follow the

regional planning (i.e. economic and physical

planning)exercise.


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the Karnataka Town and Country Planning Act, 1961,clearly indicates that

Physical planning has toprecede economic planning asotherwise cities, towns and villages in our country will growto unmanageable sizes without proper planning resulting inunhealthy surroundings.


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The Karnataka Town and Country Planning Act

1961makes provision for the preparation of two types of

plans. An interim plan called Outline Development Plan

(section12 of the Act) in the first instance, followed by a

Detailed Comprehensive Development Plan (section 21 of

the Act).The Karnataka Planning Authority Rules,1965(subsequently amended in 1976, 1977, 1980, 1986

and1988) lists out the details of reports to be prepared and

surveys to be carried out for a Comprehensive

Development Plan in Rules 41 and 42.


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the Outline Development Plan for the local planning areawhich is prepared first. Outline Development Plan broadlyindicates the proposed zoning of land use for residential,

commercial, industrial, recreational, educational and otherpublic purposes, proposed circulation pattern and a set ofzoning regulations.

Then the Comprehensive Development Plan is preparedindicating there in the comprehensive zoning of land usetogether with zoning regulations, complete street pattern,improvements to existing road patterns, reservation of areas forpublic purpose such as parks, playgrounds and otherrecreational uses, public buildings, institutions, areas for

housing, etc. Finally, the town planning schemes are prepared for the

planning area for implementation of the proposals ofComprehensive Development Plan. This is a time consumingprocess which takes nearly 20 years.


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The Karnataka State Legislature has passed an amendment

to the above mentioned Act in February 2004 to do away

with Comprehensive Development Plan and Outline

Development Plan.

The amended provision prescribes preparation Master

Plan by all the Planning Authorities in one stage. Added to

this there is provision for Interim Master Plan pending

preparation of the Master Plan for regulating land use

pattern and road pattern.

Further there is a time limit of one year for preparation of

Master Plan. Another very important feature is that it ismandatory to revise the Master Plan once in every ten

years.


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The two major plans prepared for urban planning, namely

Outline Development Plan and ComprehensiveDevelopment Plan, do not have explicit environmentalcomponents nor an environmental master plan.

Although there are guidelines on the proportion of land to

be used for various purposes like residential, parks andopen spaces, etc., environmental planning per se ismissing.

A problem map, though prepared, as a part of thedevelopment plan, explicit environmental components arenot addressed. But it considers items such as theavailability and use of land (factors like slums, marshylands and low-lying areas are included) rather than all theenvironmental components.


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A study map covering the climatologically aspects likepredominant wind direction, rainfall and temperature variationis prepared, and for proposed industrial areas consideration of

treatment of industrial wastes/ effluent and nearby natural lakesand reservoirs, etc. are included; but the study maps does notcover all ecological characteristics.

The pressure of growing urban population results demand for

additional land, which may result in using up agricultural landon the periphery of urban areas

Planning with high-density areas, however, also on socialaspects and cannot be adopted in all categories of towns.

During the preparation of the Outline DevelopmentPlan and Comprehensive Development the Town PlanningDepartment does provide for high density areas in a fewlocations of a city


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The physical Comprehensive Development Plan is based

on conventional time series population projection, and is

not a part of the regional plan exercise. Thus the Comprehensive Development Plan does not

consider the resource base, impact of competitive

advantages of regions to attract investment, and regional

migration trends based on hierarchy of settlements. As investment potential of an area is not comprehensively

assessed, and only a land allocation and use prescription is

made, the actual growth rarely follows the original

assumptions and infringements of regulations arecommon.


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It is noteworthy that at no stage of planning is

environmental assessment or estimation of likely

environmental damages and mitigation methods a part of

the long term urban planning.

Such a system requires a detailed understanding and

study of hydrological characteristics of the region, air

circulation patterns, study of ecological characteristics,etc.

Similarly at the time of the preparation of town planning

schemes, sometimes involving huge residential

development, Environmental impact assessment is notprepared even on an informal basis if not according to the

rigour of Ministry of Environment and Forests

recommendations.


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The main reasons probably are the absence of legal

requirements /guidelines and absence of trainedmanpower/ and facilities.

The Urban Development Department/ Planning

Authorities prepare the schemes based on planning

standards including accommodation, accessibility,affordability, safety, density standards, etc.

Thus there is some effort to create a good urban

environment and optimum use of valuable agricultural

land, in lieu of the legal environmental guidelines.


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Karnataka Municipalities Act, 1964

Karnataka Slum Clearance Area Act, 1974

Bangalore Development Authority Act, 1976

Karnataka Municipal Corporation Act, 1976 Bangalore Metropolitan Region Development Authority

Act, 1985

Karnataka Urban Development Authorities Act, 1987

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Vengal Legislation